City of Middletown, CT Article I General Provisions

[Amended 5-5-1980; 7-6-1982]

§ 74-1 Health evaluation required.

[Added 4-4-1983; amended 6-7-2004 by Ord. No. 11-04]

A. The Mayor's Administrative Assistant and each applicant for permanent full-time or permanent part-time employment with the City, with the exception of personnel employed by the Board of Education requiring certification by the State Board of Education, before hiring or appointment, shall undergo a health evaluation, which may include examination and laboratory procedures.

B. The physical and mental abilities required to perform the essential job functions of the positions of the Mayor’s Administrative Assistant, and each permanent full-time and each permanent part-time position shall be established by job description.

C. Fees for examinations and laboratory procedures for the pre-employment health evaluation shall be paid for by the City for the Mayor's Administrative Assistant and for all applicants for permanent full-time or permanent part-time positions.

D. The City shall hire an outside medical corporation who shall conduct pre-employment health evaluations. The Director of Human Resources shall provide to each examining physician a copy of the job description, which shall set forth the specific physical and mental abilities that the applicant must meet to perform the essential job functions in order to qualify for the position. The examining physician shall report the results of the examination to the Director of Human Resources, indicating whether the applicant has met the physical and mental abilities required of the position for which he or she has applied. No person shall be appointed to any such position or begin work until he or she has successfully completed the health evaluation required for the position.

[Amended 5-2-2013 by Ord. No. 11-13]

§ 74-2 Applicant to certify accuracy of information.

Each applicant for permanent full-time or permanent part-time employment with the City and each applicant for appointment as a volunteer in the Middletown Fire Department, with the exception of personnel employed by the Board of Education requiring certification by the State Board of Education, shall sign a statement, which statement may be part of the application and all information submitted in support of it, that all information provided by him or on his behalf or in support of the application is true, correct, complete and not misleading to the best of his knowledge, information and belief, and that he understands that:

A. Such information will be relied upon by the City in considering his application for employment or appointment;

B. If any of such information is not true or correct or complete or is misleading, it may subject him to dismissal from employment or office of the City or other disciplinary action;

C. Neither the City nor any insurance company or other party by or on behalf of the City will be responsible for any loss, liability, claim, injury, cost, expense or damage incurred as a result of or on account of any matter or condition about which the information in the application or supporting material is not true or correct or complete or is misleading;

D. If any false information is included on the application or submitted in support of the application which is prepared by the applicant, such a false statement may subject the applicant to prosecution for false statement under the Connecticut General Statutes; and

E. In signing this statement, the applicant authorizes all persons and companies cited on the employment application, excepting the present employer, if so noted, to furnish any information regarding the applicant, whether or not it is on the record, and the applicant releases them from all liability for damage for providing the information.

§ 74-3 Advance sick leave.

[Amended 7-5-1994]

A. Advance sick leave may be granted by Mayor. Upon written application through the Director of Human Resources to the Mayor, a City employee may be granted by the Mayor advance sick leave not to exceed 30 days, provided that all earned and accrued sick leave and vacation shall have been exhausted.

[Amended 5-2-2013 by Ord. No. 11-13]

B. Application for advance sick leave. The Director of Human Resources shall prescribe the form of the application and the detailed sick leave record and the manner of their presentation to the Mayor.

[Amended 5-2-2013 by Ord. No. 11-13]

C. Petition to Common Council for additional advance sick leave. An employee who shall have been granted and exhausted the maximum period of sick leave permitted under Subsection A may petition the Common Council through the Personnel Review Commission for additional sick leave, and the Common Council may grant such additional leave as it determines is warranted.

D. Repayment of advance sick leave. Upon return to work after the use of the advance sick leave granted under the provisions of this section, an employee may earn five days of accrued sick leave and, thereafter, shall begin to repay the excess sick leave, using either sick leave or vacation time. If, after 12 months following the return to work, the employee has not fully repaid the advance sick leave, the City may in each fiscal year deduct up to 10 days of accrued but unused vacation time due to the employee until the advance sick leave has been recouped. If any advance sick leave remains unrecouped at the time that the employee terminates employment with the City, the Director of Finance shall recover the monetary value of this time from any non-wage monetary benefits due to the employee. A waiver of this requirement may only be approved by a resolution of the Common Council.

§ 74-4 Records of sick leave.

Each department head shall keep detailed sick leave records of all employees in his department.

§ 74-5 Outside employment prohibited; exceptions.

No officer or employee of the City shall accept any employment or remuneration therefor outside of his regular duties during the business hours as designated for his office by the Common Council, except when subpoenaed in accordance with law, or except under direction of the Mayor and Common Council.

§ 74-6 Compensation for employees injured on the job.

[Amended 3-6-2000; 6-7-2010 by Ord. No. 58-10]

A. All employees of the City of Middletown shall, when injured or disabled while in the course of and by reason of their employment with the City, and upon certification by the department head concerned, receive full weekly compensation during the period of their injury or disability not to exceed a period of nine weeks, which compensation shall include such compensation as provided for under the Workers' Compensation Act of the State of Connecticut.

B. In the case of a recurrent repetitive trauma injury for which injury the employee has already received nine weeks of full weekly compensation, the employee shall only receive those benefits for that injury as are provided for under the Workers' Compensation Act.

C. Based upon medical and/or other extenuating circumstances, the Common Council may increase the amount of nine weeks' full weekly compensation to an additional amount not to exceed 18 weeks' full compensation. Such action would be based upon the recommendation of the Risk Manager and the Director of Human Resources.

[Amended 5-2-2013 by Ord. No. 11-13]

§ 74-7 Insurance benefits for Assistant Registrars of Voters. [1]

[Added 11-5-2012 by Ord. No. 25-12; amended 2-6-2017 by Ord. No. 02-17]

A. The Registrars and Assistant Registrars of Voters shall receive the same health insurance benefits that are afforded to the members of AFSCME Local 466.

B. The benefits for the Registrars of Voters will expire for new Registrars of Voters on the date when they are sworn in.

[1] Editor's Note: Former § 74-7, Insurance benefits for certain retired employees, was repealed 3-2-2009 by Ord. No. 06-09. Said Ord. No. 06-09 also provided that it shall take effect 6-30-2009.

§ 74-8 Insurance benefits for current employees.

A. Employees under 65 years of age.

(1) All employees of the City who are covered under the City insurance program shall receive the following benefits:

(a) Paid-up insurance premiums under the Connecticut Blue Cross Plan (extended plan with five-dollar room credit rider).

(b) Paid-up insurance premiums under the Connecticut Medical Service Plan (preferred).

(2) The above benefits shall include family coverage as defined in the respective policies.

(3) The benefits referred to in Subsection A(1) will not apply to and shall not be extended to persons 65 years of age and over.

B. Employees 65 years of age and over.

(1) All active employees of the City and their dependents (as defined in the appropriate insurance policy) upon reaching the age of 65 shall receive the following benefits:

(a) Paid-up insurance premiums under Connecticut Blue Cross 65 and Connecticut Medical Service Plan D.

(2) Any pensioned employee of the City presently receiving Connecticut Blue Cross coverage and Connecticut Medical Service coverage, and the dependents of any such pensioned employee (as defined in the appropriate insurance policy), upon attaining the age of 65 shall receive the following benefits:

(a) Paid-up insurance premiums under Connecticut Blue Cross 65 and Connecticut Medical Service Plan D.

(3) All benefits for any dependents as defined hereunder shall terminate whenever the coverage of the employee or pensioner shall terminate.

(4) The Connecticut Blue Cross 65 coverage from July 1, 1966, to January 1, 1967, shall not include Section VI, concerning care in an approved nursing home.

(5) The Mayor be and is hereby authorized to sign any and all necessary contracts with the Connecticut Blue Cross and Connecticut Medical Service, Inc., for the purpose of providing the benefits as hereinabove set forth.

§ 74-9 Filling vacancies in funded positions.

[Added 4-14-1983; amended 5-7-2012 by Ord. No. 08-12]

A. No filling of positions shall be initiated without proper funding in the budget for the specific position that is vacant. The department Director will confirm with the Finance Department and will review the budget and certify in writing that funding is available in the budget for the specific position, utilizing a personnel requisition form. Whenever any position for which funding has been certified by the department Director, working with the Finance Department, and for which the Mayor is the appointing authority, has become vacant for any reason, the Mayor or his/her designee shall take all necessary and appropriate action to begin the process for permanently filling the position within 10 days of the date the position becomes vacant and thereafter shall continue to take all action necessary and appropriate for the position to be filled without delay. The Common Council may authorize an exception to these requirements.

[Amended 2-3-2015 by Ord. No. 07-15]

B. From time to time there may be positions that are vacant and are necessary for the conduct of City business. In such situations, an employee may fill a position on an acting basis. When this occurs, the Finance and Government Operations Committee shall conduct a study to determine the value of the position in City government; however, in no case shall such acting position continue beyond six months. Upon recommendation by the Finance and Government Operations Committee, in cases where a search for a candidate to fill the vacancy occurs and goes beyond the six months, the Council may waive this requirement as deemed appropriate by a super majority vote of the Common Council.

§ 74-10 Use of City vehicles. [1]

[Added 3-16-2009 by Ord. No. 08-09]

A. The provisions of this section shall apply to all City departments, including the Board of Education, the Water and Sewer Department and the Middletown Fire Department.

B. The term "motor vehicle" is defined for purposes of this section as defined by § 14-1 of the Connecticut General Statutes.

C. City-owned motor vehicles assigned to specific employees may be taken home at night or on weekends by said employees only if the employee resides within the City of Middletown. Police and Fire Department primary responders are exempt from the residency restriction and may take the vehicle home regardless of town of residency. Such motor vehicles may only be used in the employees' off-hours for emergency response purposes. Personal use of the motor vehicles is not authorized, and members of the employee's family are not authorized to ride in the vehicles, unless otherwise granted as a condition of employment, or as detailed in this section.

[Amended 4-6-2009 by Ord. No. 13-09]

D. All City employees who are deemed as first responders, with the exception of Police and Fire Department personnel, must certify that they can respond to emergencies or situations within the City of Middletown in a response time of no more than 20 minutes. Should any first responder not be able to certify that he or she can respond from his or her residence to the City of Middletown within 20 minutes, he or she must be removed from the on-call/subject-to-call list. Such employee shall also forfeit a City-owned motor vehicle for take-home use. Department directors shall review the list of on-call personnel to assure that such personnel can comply with the twenty-minute response requirement. If at any time a first responder is unavailable due to illness or vacation, notice shall be given by the department director to the Mayor's office and a temporary assignment of a vehicle for take-home use shall be made to the next appropriate employee within the department or division by the Mayor's office. Department directors who do not reside within the City of Middletown shall notify the Mayor's office in writing whether or not they can comply with the twenty-minute response requirement.

E. City-owned motor vehicles are to be used only for appropriate work-related activities. Such use includes attendance at conferences, seminars and classes, provided that said activities are directly related to the employee's job performance. City-owned vehicles are to be operated only by the City employee.

F. Employees shall comply with all relevant federal, state and local laws in the operation of City-owned motor vehicles.

G. Employees using their own motor vehicle for job-related activities will be reimbursed at the IRS rate per mile. The Director of Finance will establish a procedure for processing such reimbursement requests.

H. City-owned motor vehicles that are not assigned to specific employees shall be assigned to the City motor pool and shall be available for use during work hours by other City employees. Authority for assigning a motor vehicle from the City motor pool shall rest with the Mayor or his designee.

I. City employees may use City-owned motor vehicles for work-related travel during the day or evening. Employees should reserve a pool vehicle as soon as possible for future work-related activities.

J. There shall be no smoking in City-owned motor vehicles.

K. Incidental personal use of City vehicles by employees is allowed during the work week. "Incidental personal use" is defined as routine personal events, such as a local quick stop shopping, medical or dental appointments, and school or religious activities. Incidental personal use of the vehicle shall also be allowed for personal medical needs of the employee, the employee's spouse, dependent children or other qualified family members, if occurring during the workweek. In such cases, the members of the employees' family shall be permitted to ride in the City vehicle as passengers.

[Added 4-6-2009 by Ord. No. 13-09]

L. The City reserves the right to remove the use of the City motor vehicle as deemed appropriate, for reasons including, but not limited to at fault accidents and unfavorable motor vehicle convictions.

[Added 4-6-2009 by Ord. No. 13-09]

M. All drivers shall attend and successfully complete defensive driving classes on a regular basis.

[Added 4-6-2009 by Ord. No. 13-09]

N. No family member and/or unauthorized passenger shall respond in a City motor vehicle while responding to an emergency.

[Added 4-6-2009 by Ord. No. 13-09]

[1] Editor's Note: Former § 74-10, Benefits for Deputy Police Chief and Deputy Fire Chief, added 4-2-1990, was repealed 3-3-2003.