On the agenda: Norwood City Council Regular Meeting — ALPR (Sep 8)

NORWOOD CITY COUNCIL
COUNCIL CHAMBERS
4645 MONTGOMERY RD.
NORWOOD, OH 45212
September 8, 2026
7:00 PM
A)

CALL TO ORDER

B)

MOMENT OF REFLECTION

C)

PLEDGE OF ALLEGIANCE

D)

ROLL CALL

E)

AMENDMENT OF AGENDA

F)

MINUTES OF PREVIOUS MEETING

•

August 11, 2026

•

August 25, 2026

G)

REQUEST TO ADDRESS COUNCIL

H)

PUBLIC HEARINGS

I)

SPECIAL PRESENTATIONS
1)

Life Saving Award Presentation
Sgt. Borchers and PO Mollmann are being recognized with the Life Saving Award for their
actions during a critical incident on September 6, 2025.

During the incident, officers responded to an individual experiencing a serious crisis and
were confronted with a rapidly evolving, life-threatening situation. Sgt. Borchers and PO
Mollmann immediately provided emergency first aid and worked to control blood loss until
medics arrived.
Their quick response and commitment to preserving life demonstrated exceptional
professionalism and dedication to duty.
Officers Wilder, Massey, and Phipps also responded and provided important assistance
throughout the incident, contributing to the safe and effective resolution of a difficult
situation.
For their exemplary actions and lifesaving efforts, Sgt. Borchers and PO Mollmann are
presented with the Life Saving Award.
2)
J)

Inauguration and Opening Ceremony of the Norwood Civic Youth Council

REPORTS OF STANDING COMMITTEES OF COUNCIL
1)

Law, Ordinance, Environment & Public Safety — August 18, 2026

2)

Streets, Housing & Health - August 18, 2026

3)

Park, Recreation & Public Places — August 25, 2026

4)

Finance, Budget, Audit & Claims — August 26, 2026

5)

Committee of the Whole — September 1, 2026

6)

Law, Ordinance, Environment & Public Safety — September 2, 2026

K)

ADMINISTRATION REPORTS

L)

THIRD READING OF ORDINANCES/RESOLUTIONS

"Gem of the Highlands"
Page 1 of 210

1)

ORDINANCE AMENDING THE PERSONNEL POLICY AND PROCEDURE MANUAL OF THE CITY OF
NORWOOD, OHIO

M) SECOND READING OF ORDINANCES/RESOLUTIONS
N) INTRODUCTORY READING OF ORDINANCES/RESOLUTIONS
1)

AN ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO ENTER INTO A REAL
ESTATE OPTION AGREEMENT WITH LOVE CITY CHURCH REGARDING THE PURCHASE OF REAL
PROPERTY LOCATED AT 2100 ELM AVENUE; AUTHORIZING THE EXPENDITURE OF NECESSARY
FUNDS; AND DECLARING AN EMERGENCY

2)

ORDINANCE REPEALING ORDINANCE NO. 61-2025, ENTITLED “AN ORDINANCE REGULATING
THE USE OF VIRTUAL CURRENCY KIOSKS”, AND DECLARING AN EMERGENCY

3)

AN ORDINANCE ADOPTING CHAPTER 569, ENTITLED “VIRTUAL CURRENCY KIOSKS”
PROHIBITING THE USE OF VIRTUAL CURRENCY KIOSKS, AND DECLARING AN EMERGENCY

4)

A RESOLUTION CELEBRATING THE MONTH OF SEPTEMBER 15, 2026, TO OCTOBER 15, 2026,
AS “HISPANIC HERITAGE MONTH” IN THE CITY OF NORWOOD, OHIO

O) UNFINISHED BUSINESS
P)

NEW BUSINESS

Q) COMMUNICATIONS
1)

Norwood Council — Minutes from August 3, 2026, Council Workshop meeting

2)

Norwood Council — Minutes from August 17, 2026, Council Workshop meeting

3)

Mayor Victor Schneider — Re: Arts Board appointment

R)

EXCUSE ABSENT MEMBERS

S)

ADJOURNMENT

"Gem of the Highlands"
Page 2 of 210

Norwood City Council

Council Chambers | Norwood City Hall

4645 Montgomery Road | Norwood, Ohio 45212

August 11, 2026 | 7:00pm

A) CALL TO ORDER
The Council for the City of Norwood met in a regular session on the above date with Mr. Joseph Geers
presiding. The meeting opened with a moment of reflection and the Pledge of Allegiance.
B) MOMENT OF REFLECTION
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
On roll call, the following members answered present: Ms. Hoover, Mr. Provins, Ms. Bowling, Mr. Moore,
Mr. Girton, and Ms. Sullivan.
E) AMENDMENT OF AGENDA
There were several changes made to the agenda, including the addition to communications for the Norwood
Arts Board Approval for two members and moving the request for Executive session to the last communication.
After executive session, there was an added amendment to the agenda.
On a motion made by Mr. Girton, seconded by Ms. Hoover, it was moved to amend the agenda as stated. All
members present voted, “yes.” The motion passed.
On a motion made by Mr. Girton, seconded by Ms. Hoover, it was moved to amend the agenda to add an
additional ordinance.
F) MINUTES OF PREVIOUS MEETING
• July 28, 2026
On a motion made by Mr. Girton, seconded by Ms. Bowling, it was moved to approve the minutes of the
previous meeting. All members present voted, “yes.” The motion passed.
G) REQUEST TO ADDRESS COUNCIL
1) Kaelin Johns
RE: Sewage and Flooding
Kaelin Johns, 4104 Elsmere Avenue, addressed council regarding the recent flooding and sewage
backups for June and July 2026, and the impact the floods had on residents. Ms. Johns is requesting
a solution for the recent floodings and hoping there are ways for the city to work with the county or
the state for assistance.
H) PUBLIC HEARINGS
There were no public hearings.
I) SPECIAL PRESENTATIONS
There were no special presentations.
J) REPORTS OF STANDING COMMITTEES OF COUNCIL
1) Committee of the Whole – August 4, 2026
On a motion made by Ms. Bowling seconded by Ms. Hoover, it was moved to accept the committee
report. All members present voted, “yes.” The motion passed.
K) ADMINISTRATIVE REPORTS
Mayor Schneider shared updates with residents in regard to the recent weather challenges. The planning
commission recently met with the Cincinnati Tennis Foundation as they will be bringing resources to Ross
Avenue. Mayor Scheider recently met with City Administration to discuss additional ways to communicate
with residents during weather emergencies. Mayor Schneider also stated, the city is strategizing on
different ways in which public works can assist to ensure the city is prepared for storms and cleanup. In
addition to preparation and cleanup, Mayor Schneider is also strategizing ways in which the city can work
closer with MSD.
James Bonsall, City Treasurer, shared updates regarding Porch Fest, which allowed for the mayor to
present a recognition award for Mr. Tim Garry, past Law Director, and past Assistant Law Director. For
earning taxes, July was up seven percent and follow the same pattern from the previous month. Net profit
was slightly down in July. For withholding taxes, they have increased throughout the year. Overall, the city
is seeing an increase by 1.4 percent.
Ken Miracle, City Auditor, shared updates regarding the progress on the report of Accounting Methods,
to craft a correcting journal item for bank reconciliation. The Auditor and Treasurer’s offices will be
meeting monthly to share updates with the State Auditor.
Keith Moore, Law Director, did not have any updates.
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L) THIRD READING OF ORDINANCES/RESOLUTIONS
There were no third readings of ordinances or resolutions.
M) SECOND READING OF ORDINANCES/RESOLUTIONS
1) AN ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO ADVERTISE FOR BIDS AND ENTER
INTO A CONTRACT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE
RECREATION PASSENGER LIFT PROJECT AND DECLARING AN EMERGENCY
On a motion made by Ms. Hoover, seconded by Ms. Sullivan, it was moved to have the second
reading. All members present voted, “yes.” The motion passed.
N) INTRODUCTORY READING OF ORDINANCES/RESOLUTIONS
1) ORDINANCE AMENDING THE PERSONNEL POLICY AND PROCEDURE MANUAL OF THE CITY OF
NORWOOD, OHIO
On a motion made by Mr. Moore, seconded by Mr. Girton, it was moved to have the first reading.
All members present voted, “yes.” The motion passed.
2) ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO ENTER INTO A 5-YEAR CONTRACT
WITH AXON ENTERPRISE INC., FOR SPECIALIZED HARDWARE, SOFTWARE, AND PROFESSIONAL
SERVICES NECESSARY FOR A BODY WORN CAMERA (BWC) SYSTEM FOR THE NORWOOD POLICE
DEPARTMENT, AND DECLARING AN EMERGENCY, AS AMENDED
On a motion made by Mr. Provins, seconded by Ms. Hoover, it was moved to amend the ordinance
by adding a new section 3 stating, “that the ALPR camera not be activated until a governance policy
is adopted by the Administration and presented to council,” and the old section 3, is now section 4.
All members present voted, “yes.” The motion passed.
On a motion made by Mr. Girton, seconded by Ms. Hoover, it was moved to suspend the rules and
have all three readings.
On a motion made by Mr. Girton, seconded by Ms. Hoover, it was moved to pass the ordinance. All
members present voted, “yes.” The motion passed.
3) ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO ENTER INTO A THREE (3) YEAR
CONTRACT WITH CINCINNATI BELL TELEPHONE COMPANY, LLC d/b/a ALTAFIBER FOR CERTAIN
TELEPHONE SERVICE, EQUIPMENT, AND INTERNET SERVICES, AND DECLARING AN EMERGENCY
On a motion made by MR. Girton, seconded by Ms. Bowling, it was moved to suspend the rules and
have all three readings. All members present voted, “yes.” The motion passed.
On a motion made by Mr. Girton, seconded by Ms. Hoover, it was moved to pass the ordinance. All
members present voted, “yes.” The motion passed.
4) ORDINANCE TO CHANGE APPROPRIATIONS FOR THE YEAR 2026, AND DECLARING AN EMERGENCY
On a motion made by Mr. Girton, seconded by Ms. Bowling, it was moved to suspend the rules and
have all three readings. All members present voted, “yes.” The motion passed.
On a motion made by Ms. Bowling, seconded by Ms. Hoover, it was moved to pass the ordinance.
All members present voted, “yes.” The motion passed.
5) A RESOLUTION AMENDING RESOLUTION 2-2026 TO INCLUDE GOVDEALS AS AN AUTHORIZED
INTERNET AUCTION SITE FOR MATERIALS TO BE AUCTIONED
On a motion made by Ms. Hoover, seconded by Mr. Girton, it was moved to suspend the rules and
have all three readings. All members present voted, “yes.” The motion passed.
On a motion made by Mr. Girton, seconded by Ms. Hoover, it was moved to pass the resolution. All
members present voted, “yes.” The motion passed.
6) A RESOLUTION DECLARING INTENT TO SELL UNNEEDED, OBSOLETE, OR UNFIT MUNICIPAL
PROPERTY BY AUCTION
On a motion made by Mr. Girton, seconded by Ms. Hoover, it was moved suspend the rules and
have all three readings. All members present voted, “yes.” The motion passed.
On a motion made by Mr. Girton, seconded by Ms. Bowling, it was moved to pass the resolution. All
members present voted, “yes.” The motion passed.
7) A RESOLUTION CELEBRATING METRO ROUTE 53 AND NORWOOD’S STANDING AS STATE LEANDER
IN TRANSIT, AND REQUESTING COORDINATION ON RELATED SAFETY AND SERVICE REVIEW
MEASURES, AND DECLARING AN EMERGENCY
On a motion made by Mr. Moore, by seconded Ms. Sullivan, it was moved to suspend the rules and
have all three readings. All members present voted, “yes.” The motion passed.
On a motion made by Mr. Moore seconded by Ms. Hoover, it was moved to pass the resolution. All
members present voted, “yes.” The motion passed.
8) A RESOLUTION AUTHORIZING THE CITY AUDITOR TO APPROVE A “THEN AND NOW” CERTIFICATE
FROM THE DISPATCH CONTRACTUAL FUND (1001-0940-57200) TO PAY THE OUTSTANDING
INVOICES FOR SERVICES ALREADY RENDERED BY THE BOARD OF COUNTY COMMISSIONERS, AND
DECLARING AN EMERGENCY
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On a motion made by Ms. Bowling, seconded by Ms. Sullivan, it was moved to suspend the rules
and have all three readings. All members present voted, “yes.” The motion passed.
On a motion made by Ms. Hoover, seconded by Mr. Girton, it was moved to pass the resolution. All
members present voted, “yes.” The motion passed.
9) ORDINANCE TO AUTHORIZE SETTLEMENT OF LAWSUIT AGAINST CITY OF NORWOOD POLICE
OFFICER WILLIAM MURPHY AND THE CITY OF NORWOOD, FILED ON BEHALF OF ELISHA DRAKE,
GUARDIAN OF MICHAEL B. DRAKE, AND DECLARING AN EMERGENCY
On a motion made by Mr. Girton, by seconded Ms. Bowling, it was moved to suspend the rules and
have all three readings. All members present voted, “yes.” The motion passed.
On a motion made by Mr. Moore, seconded by Mr. Girton, it was moved to pass the resolution. All
members present voted, “yes.” The motion passed.
O) UNFINISHED BUSINESS
Ms. Hoover shared an update regarding their streets meeting for August 18. Ms. Hoover also asked the
mayor how residents can adopt a “catch basin.” Ms. Hoover also shared additional information
regarding the Cincinnati Tennis Foundation and their new building being built in Norwood. Lastly, Ms.
Hoover shared an update on community composting.
P) NEW BUSINESS
Ms. Bowling shared new business regarding registration for the Gem of the Highlands has opened, with
the event being on Saturday, November 7, 2026. Mr. Moore shared information about the Ohio
Municipality Conference and asking if there was any opposition to attending by council. There were no
oppositions.
Q) COMMUNICATIONS
1) Norwood Tree Board – July Meeting Minutes
On a motion made by Ms. Bowling, seconded by Mr. Moore, it was moved to receive and file the
communication as if read. All members present voted, “yes.” The motion passed.
2) Norwood Arts Board – Appointment
On a motion made by Ms. Hoover, seconded by Ms. Hoover, it was moved to receive and file and
approve the appointment. All members present voted, “yes.” The motion passed.
3) Norwood Arts Board - Appointment
4) Keith Moore, Law Director – Request for Executive Session
On a motion made by Ms. Bowling, seconded by Ms. Hoover, it was moved to receive and file the
communication as if read. All members present voted, “yes.” The motion passed.
Council entered Executive Session.
Council exited Executive Session.
R) EXCUSE ABSENT MEMBERS
On a motion made by Ms. Moore, seconded by Mr. Bowling, it was moved to excuse the absent council
members. All members present voted, “yes.” The motion passed.
S) ADJOURNMENT
On a motion made by Ms. Bowling, seconded by Mr. Moore, it was moved to adjourn the meeting. All
members present voted, “yes.” The motion passed.

_______________________
Kelsi Goins
Clerk of Council

__________________________
Joseph S. Geers
President of Council

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Norwood City Council

Council Chambers | Norwood City Hall

4645 Montgomery Road | Norwood, Ohio 45212

August 25, 2026 | 7:00pm

A) CALL TO ORDER
The Council for the City of Norwood met in a regular session on the above date with Mr. Joseph Geers
presiding. The meeting opened with a moment of reflection and the Pledge of Allegiance.
B) MOMENT OF REFLECTION
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
On roll call, the following members answered present: Ms. Franzen, Mr. Provins, Ms. Bowling, Mr. Moore,
Mr. Girton, and Ms. Sullivan.
E) AMENDMENT OF AGENDA
There were several changes made to the agenda, including the removal of the committee reports for Streets,
Housing, and Health, Communications 2 and 3 regarding the Norwood Council Workshop Minutes from August 3
and 17, 2026. The additions to the agenda include Engagement, Outreach, and Communication committee
report and Communications, from Ken Miracle.
On a motion made by Ms. Bowling, seconded by Ms. Franzen, it was moved to amend the agenda as stated. All
members present voted, “yes.” The motion passed.
F) MINUTES OF PREVIOUS MEETING
There were no minutes of the previous meeting.
G) REQUEST TO ADDRESS COUNCIL
1) Sonny James
RE: Community and Student
Sonny James, 4305 Ashland Avenue, addressed council his child running for Student Government at
Norwood High School. Mr. James also shared gratitude to a Norwood Police Officer.
H) PUBLIC HEARINGS
There were no public hearings.
I) SPECIAL PRESENTATIONS
There were no special presentations.
J) REPORTS OF STANDING COMMITTEES OF COUNCIL
1) Finance, Budget, Audit & Claims – August 19, 2026
On a motion made by Ms. Bowling, seconded by Mr. Moore, it was moved to accept the committee
report. All members present voted, “yes.” The motion passed.
2) Engagement, Communication, & Outreach – July 13, 2026
On a motion made by Mr. Girton, seconded by Ms. Sullivan, it was moved to accept the committee
report. All members present voted, “yes.” The motion passed.
K) ADMINISTRATIVE REPORTS
Mayor Schneider shared many city updates, starting with the Elevators bid at the Recreation Center,
shared an update on the Norwood Ladder Truck regarding current trainings with the new truck to navigate
Norwood streets. Mayor Schneider also updated the city residents on emergency management and the
partnership with Hamilton County and recommend residents sign up for the Smart 911 alerts. Mayor
Schneider also discussed Flock cameras and the use of them by police.
James Bonsall, City Treasurer, shared gratitude to the public works team for fixing the light. Mr. Bonsall
also shared a story regarding his use of public transportation through SORTA.
Ken Miracle, City Auditor, shared an update on Accounting Methods and an update with the State Auditor,
Anna Mary with a meeting on 8/26 for two errors from several years ago, that could be reconciled once
updated.
Keith Moore, Law Director, did not have any updates.
L) THIRD READING OF ORDINANCES/RESOLUTIONS
1) AN ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO ADVERTISE FOR BIDS AND ENTER
INTO A CONTRACT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE
RECREATION PASSENGER LIFT PROJECT AND DECLARING AN EMERGENCY
On a motion made by Ms. Bowling, seconded by Mr. Girton, it was moved to have the third reading.
All members present voted, “yes.” The motion passed.
Minutes_2026_0825
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On a motion made by Mr. Girton, seconded by Ms. Franzen, it was moved pass the ordinance. All
members present voted, “yes.” The motion passed.
M) SECOND READING OF ORDINANCES/RESOLUTIONS
1) ORDINANCE AMENDING THE PERSONNEL POLICY AND PROCEDURE MANUAL OF THE CITY OF
NORWOOD, OHIO
On a motion made by Mr. Moore, seconded by Ms. Sullivan, it was moved to have the second
reading. All members present voted, “yes.” The motion passed.
N) INTRODUCTORY READING OF ORDINANCES/RESOLUTIONS
1) ORDINANCE TERMINATING THE COMMUNITY REINVESTMENT AREA AGREEMENT WITH DKRJ
HOLDINGS LLC, AND NORTHWOOD CIDER, LLC, AND DECLARING AN EMERGENCY
On a motion made by Ms. Franzen, seconded by Mr. Girton, it was moved to suspend the rules and
have all three readings. All members present voted, “yes.” The motion passed.
On a motion made by Mr. Girton, seconded by Ms. Franzen, it was moved to pass the ordinance. All
members present voted, “yes.” The motion passed.
2) AN ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO ADVERTISE FOR BIDS AND ENTER
INTO A CONTRACT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE
REPLACEMENT OF BASEBALL FIELD LIGHTING, POLES, AND EQUIPMENT AT WATERWORKS PARK
FIELDS #1, #3, AND #4, AND DECLARING AN EMERGENCY
On a motion made by Ms. Sullivan, seconded by Ms. Franzen, it was moved to suspend the rules
and have all three readings. All members present voted, “yes.” The motion passed.
On a motion made by Ms. Franzen, seconded by Ms. Bowling, it was moved to pass the ordinance.
All members present voted, “yes.” The motion passed.
O) UNFINISHED BUSINESS
There was no unfinished business.
P) NEW BUSINESS
Mr. Moore shared an update regarding Burwood Park, with Ms. Franzen provided additional updates of
the beautification occurring.
Q) COMMUNICATIONS
1) Norwood Council - Minutes from July 27, 2026, Council Workshop meeting
On a motion made by Ms. Franzen, seconded by Ms. Bowling, it was moved to receive and file the
communication as if read. All members present voted, “yes.” The motion passed.
2) Ohio Department of Commerce, Division of Liquor Control – Re: The Pickle Lodge Factory 52, LLC
On a motion made by Ms. Franzen, seconded by Ms. Sullivan, it was moved to receive and file the
communication with no objections. All members present voted, “yes.” The motion passed.
3) Ohio Department of Commerce, Division of Liquor Control – Re: Café Lola LLC
On a motion made by Ms. Bowling, seconded by Ms. Franzen, it was moved to receive and file the
communication with no objections. All members present voted, “yes.” The motion passed.
4) Mayor Victor Schneider – Mayor’s Court Fines, July 2026
On a motion made by Mr. Moore, seconded by Ms. Bowling, it was moved to receive and file the
communication as if read. All members present voted, “yes.” The motion passed.
5) Norwood Planning Commission – Request for Public Hearing
On a motion made by Mr. Girton, seconded by Ms. Sullivan, it was moved to receive and file the
communication and schedule a public hearing. All members present voted, “yes.” The motion
passed.
6) James Bonsall, Treasurer – Monthly Treasurer’s Reports
On a motion made by Ms. Bowling, seconded by Ms. Franzen, it was moved to receive and file the
communication as if read. All members present voted, “yes.” The motion passed.
7) Ken Miracle, Auditor – Monthly Treasurer’s Reports
On a motion made by Ms. Bowling, seconded by Mr. Girton, it was moved to receive and file the
communication as if read. All members present voted, “yes.” The motion passed.
R) EXCUSE ABSENT MEMBERS
On a motion made by Ms. Bowling, seconded by Ms. Sullivan, it was moved to excuse the absent
member, Ms. Hoover. All members present voted, “yes.” The motion passed.
S) ADJOURNMENT
On a motion made by Mr. Moore, seconded by Ms. Bowling, it was moved to adjourn the meeting. All
members present voted, “yes.” The motion passed.

Minutes_2026_0825
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_______________________
Kelsi Goins
Clerk of Council

__________________________
Joseph S. Geers
President of Council

Minutes_2026_0825
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ORDINANCE AMENDING THE PERSONNEL POLICY AND PROCEDURE MANUAL
OF THE CITY OF NORWOOD, OHIO
WHEREAS, by Ordinance 52-2020, the City adopted a Personnel Policy and Procedure
Manual to guide both the City administration and City employees toward an understandable and
fairly administered human resources function within the City of Norwood; and
WHEREAS, in the years which have intervened, it has become clear that to accomplish
the objectives of standardized, intelligent and efficient city governance, portions of the Policy and
Procedure Manual should be revised to align the policies with current practices and to modernize
the language and application of these provisions; now, therefore,
BE IT ORDAINED by the Council of the City of Norwood, State of Ohio, as follows:
SECTION 1.
That the revised Personnel Policy and Procedure Manual (attached
“Manual”) is attached hereto as Exhibit “A” is approved and adopted. The Manual shall set forth
the policies and procedures of the City of Norwood regarding employees and their employment
with the City.
SECTION 2. That the revised sections of the Personnel Policy and Procedure Manual
are outlined in the Memo dated July 28, 2026; the Memo is attached hereto as Exhibit “B.”
SECTION 3. All other ordinances, policies, or portions of ordinances and policies, to
the extent that they conflict with this Ordinance and the revised Personnel Policy and Procedures
Manual, are hereby repealed.
SECTION 4. The City intends to comply with Federal and State labor laws, and should
any portion of this Ordinance be or come in conflict with these laws, then the City will follow the
Federal and State laws.
PASSED_________________________
Date

____________________________________
Joseph S. Geers
President of Council

ATTEST:
Kelsi Goins, the duly appointed Clerk of Council, attests that this ordinance was passed at
a regular/special meeting of Norwood City Council on the
day of
, 2026, in compliance with the rules of Norwood City Council and
the laws of the State of Ohio. The foregoing ordinance was submitted to the Mayor of the City of
Norwood, Ohio for his signature on the
day of
, 2026.

Kelsi Goins
Clerk of Council

Page 9 of 210

APPROVED___________________
Date

Victor Schneider
Mayor

CERTIFICATION OF PUBLICATION:
Kelsi Goins, the duly appointed Clerk of Council, attests that this ordinance was published
on the City of Norwood's website-news page at https://norwoodohio.gov/news and the City of
Norwood's Facebook page at https://www.facebook.com/NorwoodOhio.gov on
and
.

Kelsi Goins
Clerk of Council

1st Reading ________________________
Date
2nd Reading ________________________
Date
3rd Reading ________________________
Date
All 3 Readings _____________________
Date
Tabled ____________________________
Date
Vetoed ____________________________
Date

Page 10 of 210

THE
CITY OF NORWOOD
PERSONNEL POLICY
AND PROCEDURE MANUAL
________________

THIS DOCUMENT IS NOT A CONTRACT

1
Page 11 of 210

SECTION 1
1.01
1.02
1.03
1.04
1.05
1.06
1.07
1.08
1.09
1.10
SECTION 2
2.01
2.02
2.03
2.04
2.05
SECTION 3
3.01
3.02
3.03
3.04
3.05
3.06
3.07
3.08
3.09
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
SECTION 4
4.01
4.02
4.03
4.04

INTRODUCTION
Introduction/Disclaimer ...............................................................................1
Objectives ....................................................................................................1
Definition/Abbreviations ............................................................................2
Scope of Coverage .......................................................................................7
Management Authority ................................................................................7
Implementation and Dissemination .............................................................8
Amendment ..................................................................................................9
Personnel Administration.............................................................................9
Severability ..................................................................................................9
Important Phone Numbers & Addresses....................................................10
EQUAL EMPLOYMENT OPPORTUNITY /
NONDISCRIMINATION
Equal Employment Opportunity ................................................................11
Americans with Disabilities Act ................................................................12
Discriminatory Harassment .......................................................................14
Discrimination Complaint Procedure ........................................................16
Discrimination Disciplinary Procedure......................................................18
EMPLOYMENT
Requirements for Employment ..................................................................20
Classified and Unclassified Employment ..................................................21
Employee Status.........................................................................................23
Classification Plan .....................................................................................24
Original Appointment/Promotion — Classified Service ...........................25
Promotion Pay ...........................................................................................25
Vacancies in the Classified Service ...........................................................26
Evaluation of Applicants for Classified Positions .....................................27
Performance Evaluations ...........................................................................29
Medical Examination .................................................................................29
Immigration Reform and Control Act........................................................30
Probationary Periods ..................................................................................32
Demotion....................................................................................................33
Layoff .........................................................................................................34
Resignation/References..............................................................................35
New Hire Reporting ...................................................................................36
Nepotism ....................................................................................................37
COMPENSATION AND HOURS OF WORK
Compensation ............................................................................................38
Pay Periods/Paychecks...............................................................................38
Work Scheduling .......................................................................................39
Time Records .............................................................................................39
i
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4.05
4.06
4.07
4.08
4.09
SECTION 5
5.01
5.02
5.03
5.04
5.05
5.06
5.07
5.08
5.09
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
5.18
5.19
5.20
5.21
SECTION 6
6.01
6.02
6.03
6.04
6.05
6.06
6.07
6.08
6.09
6.10
6.11
6.12
6.13
6.14

Starting/Lunch/Quitting Times ..................................................................40
Overtime ....................................................................................................41
Compensatory Time ...................................................................................42
Inclement Weather .....................................................................................43
Longevity ...................................................................................................43
EMPLOYEE BENEFITS
Sick Leave ..................................................................................................44
Retirement Sick Leave Conversion ...........................................................46
Vacation .....................................................................................................47
Holidays .....................................................................................................50
Personal Leave ...........................................................................................51
Bereavement Leave ....................................................................................51
Civil Leave .................................................................................................52
Military Leave ............................................................................................52
Family and Medical Leave.........................................................................53
Leave of Absence without Pay ..................................................................60
Administrative Leave .................................................................................61
Disability Leave/Separation .......................................................................61
Group Health Insurance .............................................................................65
Continued Group Health Insurance Coverage ...........................................66
Other Insurances ........................................................................................68
Injury on Duty ............................................................................................69
Wage Continuation ....................................................................................71
Transitional Work/Modified Duty .............................................................72
Retirement ..................................................................................................74
Leave Donation Program ...........................................................................75
Tuition Reimbursement .............................................................................76
PERSONNEL PROCEDURES
Business Expense Payment/Reimbursement .............................................78
Use of Employer-owned Vehicles or Personal Vehicle on
Employer Business.....................................................................................85
Secondary Employment .............................................................................90
Tools, Supplies, Equipment, and Uniforms ...............................................91
Bulletin Boards ..........................................................................................92
Personal Information Records....................................................................93
Reporting Changes in Personal Information ..............................................94
Computer/Internet/Electronic Mail Policy .................................................95
Use of Telephones / Cell Phone Policy
(Includes Pagers And Laptops) ..................................................................97
Social Media Policy ...................................................................................99
Credit Card / Procurement Card Use ......................................................103
PWFA and PUMP Acts ...........................................................................104
Identity Theft Protection ..........................................................................104
Health Insurance Portability and Accountability Act (HIPAA) ..............107
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6.15
6.16
SECTION 7
7.01
7.02
7.03
7.04
7.05
7.06
7.07
7.08
7.09
7.10
7.11
SECTION 8
8.01
8.02
8.03
8.04
8.05
8.06
8.07
8.08
APPENDIX A

No Employee Expectation of Privacy ......................................................108
Remote Work Policy for City Employees ...............................................108
EMPLOYEE CONDUCT
Ethics of Public Employment ..................................................................111
Tardiness ..................................................................................................112
Absenteeism and Notification of Absence ...............................................112
Solicitation and Distribution ....................................................................113
Personal Appearance ................................................................................113
Alcohol and Drug Abuse .........................................................................114
Garnishments ...........................................................................................128
Political Activity ......................................................................................128
Workplace Violence.................................................................................130
Smoking/Tobacco Use and Electronic Cigarettes (e-cigarettes) .............133
Fraud Reporting .......................................................................................135
EMPLOYEE DISCIPLINE, APPEALS, AND GRIEVANCES
Introduction ..............................................................................................140
Disciplinary Principles .............................................................................140
Progressive Discipline .............................................................................141
Predisciplinary Conference — Classified Employees .............................142
Grounds for Disciplinary Action and Penalties .......................................145
Conviction of a Felony.............................................................................154
Appeals of Personnel Actions ..................................................................155
Grievance Procedure ................................................................................155
PUBLIC RECORDS – INSPECTION, RELEASE, AND
RETENTION
Public Records .........................................................................................158
Records Request.......................................................................................158
Cost for Public Records ...........................................................................159
E-Mail ......................................................................................................159
Failure to Respond to Public Records Request ........................................159

FORMS
All forms referenced in this document will be made available by Human Resources or the
department responsible for the form, either electronically or in paper format, depending on the
form and usage.

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SECTION 1

INTRODUCTION

INTRODUCTION / DISCLAIMER
A.

SECTION 1.01

POLICY
1.

This Personnel Policy and Procedure Manual (the “Manual” or “Handbook”)
provides general guidance on the City of Norwood’s management practices and
employee expectations. These policies serve as guidelines and may be revised,
amended, or discontinued by the City at any time, with or without notice.

2.

The Manual is not a contract of employment and should not be interpreted as
creating any express or implied contractual obligations. No representative of the
City is authorized to make any binding employment agreement contrary to the
terms of this Manual.

3.

The policies herein establish the rules that guide administrative action to help the
City achieve its organizational objectives. Consistent and fair administration of
well-written policies is essential to effective public service.

4.

Procedures included in this Manual provide administrative direction on how
policies are to be implemented and applied in practice. Procedures are established
by the City and may be revised as necessary to reflect changes in laws, audit
findings, or organizational needs without additional approvals.

5.

Upon adoption by ordinance of Norwood City Council, the provisions of this
Manual shall supersede any prior ordinances in conflict with it.

6.

This manual is provided for informational purposes only. The employer reserves
the right to change, modify, or eliminate any policy or practice at its discretion,
though the standard procedure for amendments is set forth elsewhere in this manual.

OBJECTIVES
A.

SECTION 1.02

POLICY
1.

Employment decisions within the City’s departments shall be based on merit,
ability, and fairness, and, where applicable, shall comply with the rules and
regulations of the City’s Civil Service Commission.

2.

The City of Norwood recognizes that a competent and dedicated workforce is
essential to effective government operations. This Manual supports that goal by
establishing policies and procedures intended to promote employee morale and
foster productive working relationships through uniform policies, equitable
advancement opportunities, and responsiveness to employee needs.

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INTRODUCTION

DEFINITION / ABBREVIATIONS
A.

SECTION 1.03

POLICY

Unless otherwise indicated, the following definitions and abbreviations apply to the below listed
terms as used in this manual.
Active Pay Status: Except where otherwise defined in this manual, active pay status is a
period when an employee is eligible to receive pay directly from the Employer and includes
hours worked, vacation leave, sick leave, compensatory time, paid military leave and paid
court leave, etc.
ADA: Americans with Disabilities Act.
Appointing Authority: Refers to the officer, commission, board or body having the power
of appointment or removal from positions, officials, or the designees of such officials who
are authorized by law with the power to appoint or remove positions in any office,
department, commission, board or institution. The Appointing Authority for the employees
covered by this manual include, but are not limited to the following: Auditor, Civil Service
Commission, City Council, Mayor, Director of Public Service, Safety Services Director,
Treasurer and the City Law Director.
Auxiliary Police: Auxiliary officers serving with or without compensation.
BWC: Abbreviation for Ohio Bureau of Workers’ Compensation.
City: The City of Norwood, State of Ohio.
Classification (Class): A group of positions that involve similar duties and responsibilities,
require similar qualifications, and that are properly designated by a common descriptive
title indicating the general nature of the work. A classification may include only one (1)
position in some circumstances.
Classification Plan (Class Plan): The alphabetically arranged compilation of the
classification specifications for employees of the Employer.
Classification Series: Those classifications which are closely related, and grouped to form
a career progression.
Classification Title: The descriptive name of a group of positions similar enough to be
included under a single classification.
Classified Employee: An employee who, after serving a probationary period, may only be
demoted, suspended or removed from public service for cause, in accordance with the State
Civil Service statute O.R.C. 124.34.
Classified Service: Comprises all persons in the employ of the City not specifically
included in the unclassified service. The classified service shall be divided
into
the
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INTRODUCTION

"competitive class" and the "unskilled labor class" as provided for in paragraph (B) of
O.R.C. 124.11.
Collective Bargaining Agreement: The written agreement(s) entered into between the
Employer and an exclusive representative of employees of the Employer pursuant to
O.R.C. Section 4117.
Compensatory Time (Comp Time): Time off work granted to nonexempt employees in lieu
of overtime payment for overtime hours worked, and granted off at the rate of one-and-one
half (1½) hours for each hour of overtime.
Day(s): Unless otherwise specified, means calendar day(s).
Demotion: A change in position that reduces the employee’s scope of responsibility and
compensation.
Department: A City organizational unit directed and controlled by the Employer and
charged with a specific public service function and mission.
Department Head: A supervisor (as defined herein) charged with the responsibility of
managing a department on behalf of the Employer.
Designee: Any person authorized by the Employer or management official to perform a
function with or on behalf of the Employer or management official.
Discourteous Treatment of the Public: Failure by an employee to treat any member of the
general public with respect, in a polite and courteous manner.
Dishonesty: Conduct involving but not limited to bad faith, a lack of integrity, or moral
turpitude.
Distribution: An act of distributing goods, materials and/or written materials or literature.
Employee: Any person holding a position subject to appointment, removal, promotion or
demotion by the Appointing Authority.
Employer: The Appointing Authority, or the designee of the Appointing Authority,
authorized by law to make appointments to positions. As context requires, Employer may
also mean any designee who is authorized to carry out certain duties on behalf of the
Appointing Authority.
Excused Absence: Absence from work with the approval of the Employer (e.g., sick leave,
vacation, holiday, unpaid leave of absence, etc.).
Exempt Employee (FLSA): A salaried employee determined to be exempt from the
minimum wage and overtime provisions of the Fair Labor Standards Act, and who
therefore does not have to legally be paid the statutory minimum wage and/or be
compensated, at premium rates, for additional hours worked in the workweek.

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INTRODUCTION

Failure of Good Behavior: Failure by an employee to accept, adhere to or maintain the
expected levels of performance and/or conduct required by the Employer, or reasonably
expected by the Employer even in the absence of a written work rule.
Flex-time (Non-exempt Employees): Adjustment of an employee’s work hours to avoid
the employee working in excess of 40 hours in one (1) workweek, pay period, or any other
standard work period established in accordance with the FLSA.
Flex-time (Exempt Employees): Rearrangement of hours in a pay period up to eight (8)
hours.
FLSA: Abbreviation for the Fair Labor Standards Act.
FML: Abbreviation for Family and Medical Leave.
FMLA: Abbreviation for the Family and Medical Leave Act.
Immoral: Contrary to good morals; inconsistent with the rules and principles of morality;
harmful or adverse to public welfare according to the standards of a given community, as
expressed in law or otherwise.
Immoral Conduct: Conduct which is willful, flagrant, or shameless, and which shows a
moral indifference to the opinions of the good and respectable members of the community.
Incompetency: Lack of ability, legal qualifications or fitness to perform duties required of
an employee.
Inefficiency: Quality of being incapable or indisposed to perform duties required of an
employee within reasonable standards.
Insubordination: Intentional failure to perform duties required of an employee; refusal to
obey an order issued by the employee’s supervisor.
Malfeasance: The commission of some act which is positively unlawful; the doing of an
act which is wholly wrongful and unlawful; the doing of an act which a person ought not
to perform.
Misfeasance: The improper performance or commission of some act which a person may
lawfully do.
Neglect of Duty: Omission or failure to do a thing that can be done, or that is required to
be done; an absence of care or attention in the doing; an omission of a given act. A designed
failure, refusal or unwillingness to perform one’s duty.
Nonexempt Employee (FLSA): An employee who is entitled to be paid the federal
minimum wage and to be paid at the rate of one and one-half (1½) times the employee’s
regular rate of pay for all hours worked in excess of 40 in an established workweek or other
standard work period established in accordance with the FLSA.

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INTRODUCTION

Nonfeasance: Nonperformance of some act which ought to be performed; the total
omission to perform a required duty; or the total neglect of duty.
Non-work Area: Those areas of the Employer’s property such as the parking lot or other
areas where no official Employer business is transacted nor operations conducted.
Non-work Time: Any time during an employee’s workday where the employee is totally
relieved of work duties. Whether an employee is in active pay or no-pay status during
these times is immaterial to the designation of non-work time.
O.A.C.: Abbreviation for the Ohio Administrative Code.
OPERS: Abbreviation for the Ohio Public Employees Retirement System.
OP&F: Abbreviation for the Ohio Police and Fire Pension Fund.
O.R.C.: Abbreviation for the Ohio Revised Code. Also abbreviated as R.C. when followed
by a chapter or section number.
OSHA: Abbreviation for Ohio’s Occupational Safety and Health Act.
Overtime: Compensation for such time over forty (40) hours in a given work week at one
and one-half times the regular rate for non-contractual employees, excluding sick leave.
Part-time Employee: Employees assigned a work schedule of less than forty (40) hours
each week by their Appointing Authority.
Personnel Actions: A specific act by the Employer to implement a personnel decision (e.g.,
hiring, promotion, demotion, suspension, removal, layoff, wage increases).
Personnel Decisions: Such decisions include, but are not limited to: (1) recruitment; (2)
selection; (3) placement; (4) testing; (5) training; (6) promotions and transfers; (7) layoff
and recall; (8) removal; (9) disciplinary action; (10) social and recreational programs; (11)
employee benefits and compensation; and (12) tangible program services and benefits.
Position: A group of duties and responsibilities assigned or delegated by competent
authority to be performed by one (1) person. Positions and the duties of a position may be
revised, but the employee’s classification remains the same unless the position is
reclassified.
Promotion: Any change in position which results in an increase in an employee’s
compensation and responsibility.
Reduction: A change in the classification held by an employee to one having a lower base
pay range, a change to a lower step within a salary range, or any decrease in compensation
of an employee.
Seasonal: Appointed to work a specific season(s) – not more than six (6) months.

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INTRODUCTION

Solicitation: An act of requesting an individual to purchase goods, materials or services, or
a plea for financial contribution.
Supervisor: An individual who has been authorized by the Employer to perform or assist
in performing some or all of the following: hiring, transferring, suspending, laying off,
recalling, promoting, discharging, assigning, rewarding or disciplining employees under
the direction of the Employer; to responsibly direct employees; to adjust their grievances;
or to effectively recommend any of these actions.
Suspension: Relief of an employee from duty without pay, usually for a short period of
time (i.e., one (1) to fifteen (15) days), as a disciplinary measure aimed at improving the
employee’s conduct.
Transfer: The movement of an employee from one (1) position to another where there is
no change in level of responsibility, classification or salary.
Unclassified Service: Comprises those positions set forth in paragraph (A) of O.R C.
124.11 as applied to the Civil Service of the City. Positions in the unclassified service shall
be exempt from all examinations required by O.R C. 124.11 to 124.99. The Civil Service
status of employees appointed without competitive examination to positions that are not
subject to the discipline or removal provisions contained in R.C. Section 124.34. This
includes employees who receive intermittent or temporary appointments pursuant to R.C.
Section 124.30 (B), those employees appointed to administrative staff positions for which
an Appointing Authority is given specific statutory authority to set compensation, and the
deputies and assistants of elective or principal executive officers authorized to act for and
in the place of their principals or holding a fiduciary relation to their principals, clerical
and administrative support employees and other positions specified by the City of
Norwood’s Civil Service Commission Rules and Regulations. Such employees serve at
the pleasure of the Appointing Authority.
Vendor: Any individual or group engaged in or desiring to engage in the supply of goods,
materials or services, (which are utilized in the conduct of public business) to the Employer
and/or its employees.
Verbal Reprimand: Written documentation of an oral counseling and instruction which is
provided to the employee and placed in the employee’s personnel file to correct any
misconduct and improve the employee’s conduct and performance.
Work Area: Any office, room, or physical location where official Employer business is
transacted and/or operations of the Employer are conducted.
Working Suspension- “Suspension with Pay”: A form of discipline, whereby the
Appointing Authority may require an employee who is suspended to report to work to serve
the suspension. An employee serving a suspension in this manner shall continue to be
compensated at the employee’s regular rate of pay for hours worked. Such disciplinary
action shall be recorded in the employee’s personnel file in the same manner as other
disciplinary actions and will have the same effect as a suspension without pay for the
purpose of progressive disciplinary action.
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SECTION 1

INTRODUCTION

Work Time: All the time when an employee’s duties require that the employee be engaged
in work tasks, not including scheduled breaks or time before or after work.
Work Unit: A division under the Employer’s control usually directed by a supervisor and
charged with a specific work function which contributes to the accomplishment of the
Employer’s public service function.
Written Reprimand: The written record of disciplinary action, usually issued after an verbal
reprimand has failed to improve an employee’s conduct or when the employee has
committed a more serious violation, which is provided to the employee and placed in the
employee’s personnel file in an attempt to improve the employee’s conduct and
performance.
SCOPE OF COVERAGE
A.

SECTION 1.04

POLICY
1.

These policies apply generally to all classified, unclassified, and bargaining unit
employees unless otherwise limited by law or a collective bargaining agreement.
They do not establish tenure or contractual rights where not required by law.

2.

The City retains full discretion to manage, hire, terminate, and set compensation
for unclassified and probationary employees, unless otherwise restricted by law.

3.

This manual supersedes all previous personnel policies and practices, written or
unwritten, including departmental policies, unless a departmental policy is more
restrictive due to operational needs.

4.

For employees covered by a collective bargaining agreement under R.C. 4117, the
agreement prevails over conflicting provisions in this manual. Where the agreement
does not address employment related issues, this manual applies. Any additional
benefits in this manual do not apply to bargaining unit employees unless
incorporated by agreement.

5.

In cases of conflict between this manual and applicable law, the law shall prevail.
However, if the City has lawfully superseded a state employment law under its
Home Rule authority, the ordinance shall control.

MANAGEMENT AUTHORITY
A.

SECTION 1.05

POLICY
1.

The City retains the full right and responsibility to direct the operations, promulgate
policies, rules and regulations and otherwise exercise the prerogatives of
management.
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INTRODUCTION
This includes the authority to:
a. Hire, assign, promote, evaluate, discipline, or discharge employees;
b. Establish and enforce work rules and policies;
c. Define organizational structure, job duties, and performance standards;
d. Determine staffing levels, schedules, shifts, and overtime;
e. Allocate resources, set budgets, and implement technology;
f. Lay off or reassign employees due to lack of work, funding, or
reorganization;
g. Maintain security of facilities, records, and operations; and
h. Act as necessary in emergency situations.

2.

These management rights are limited only by applicable laws and express
provisions of collective bargaining agreements.

IMPLEMENTATION AND DISSEMINATION
A.

B.

SECTION 1.06

POLICY
1.

The City has sole authority to issue and modify policies and procedures.

2.

All employees will be notified of this manual’s availability and are encouraged to
ask supervisors about unclear provisions.

3.

Supervisors are responsible for understanding and consistently applying the
manual’s policies and ensuring subordinate compliance.

4.

This manual remains the City’s property and must be returned upon request.

PROCEDURE
1.

The manual shall be adopted by ordinance and distributed to each department by
the Appointing Authority or designee.

2.

Department heads will receive and track distribution of manuals to their
supervisors.

3.

Employees will be granted access to review the manual. Upon review, they must
sign an acknowledgment form for their personnel file.

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SECTION 1

INTRODUCTION

AMENDMENT
A.

POLICY
1.

B.

SECTION 1.07

Only an Appointing Authority may propose amendments to this manual, subject to
approval by City Council.

PROCEDURE
1.

The Appointing Authority will review all Council ordinances to determine if
updates to the manual are required.

2.

Any amended sections will be rewritten, dated with original adoption and revision
dates, and added to the master manual.

3.

Updated sections will be distributed to department heads and supervisors.

4.

The City will determine how to communicate amendments to employees,
including bulletin board postings as required by union agreements.

PERSONNEL ADMINISTRATION
A.

SECTION 1.08

POLICY
1.

The Appointing Authority is responsible for administering the City’s personnel
system, including:
a. Recruiting qualified applicants;
b. Administering non-civil service exams;
c. Developing job classifications;
d. Recommending personnel rules for Council approval;
e. Conducting background checks; and
f. Performing other personnel functions as needed.

SEVERABILITY
A.

SECTION 1.09

POLICY

If any provision of this manual is held invalid or unenforceable by law or court order, the remainder
shall remain in effect unless the invalid provision is integral to the overall intent of the manual.
B.

PROCEDURE

Any amendment required due to a legal ruling shall be made by the Appointing Authority in
accordance with the amendment procedures in Section 1.07.

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SECTION 1

INTRODUCTION

IMPORTANT PHONE NUMBERS AND ADDRESSES

SECTION 1.10

Administrative Office
4645 Montgomery Road
(513) 458 - 4500

Mayor’s Office
4645 Montgomery Road
(513) 458 - 4501

Safety/Service Office
4645 Montgomery Road
(513) 458 - 4503

Police Department
4701 Montgomery Road
(513) 458 - 4520

Fire Department
4725 Montgomery Road
(513) 458 - 4550

Public Works Department
4645 Montgomery Road
(513) 458 – 4615

Recreation Department
1810 Courtland Avenue
(513) 531 - 9798

Building & Zoning Department
4645 Montgomery Road
(513) 458 - 4510

Tax Department
4645 Montgomery Road
(513) 458 - 4590

Auditor
4645 Montgomery Road
(513) 458 - 4570

Law Department
4645 Montgomery Road
(513) 458 - 4585

Treasury Department
4645 Montgomery Road
(513) 458 – 4580

Health Department
2059 Sherman Avenue
(513) 458 - 4600

Community Center
1810 Courtland Avenue
(513) 458 – 4635

Human Resources Department
4645 Montgomery Road
(513) 458-5349
www.norwoodohio.gov

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SECTION 2

EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION

EQUAL EMPLOYMENT OPPORTUNITY (EEO)
A.

SECTION 2.01

POLICY
1.

The City of Norwood is an Equal Opportunity Employer. The City of Norwood or
its agents shall not discriminate against any employee or application for
employment because of race, religion, color, sex, gender, sexual orientation,
national origin, disability, age, veteran status, military status, ancestry, genetic
information, or any other protected criteria. Such action shall include, but not be
limited to, the following: Employment, Upgrading, Demotion or Transfer;
Recruitment or Recruitment Selection for Training including Apprenticeship.

2.

The Human Resources Director or Mayor’s designee is the Employer’s EEO/ADA
Coordinator. The EEO/ADA Coordinator is responsible for providing information
regarding anti-discrimination employment laws to employees and others, and for
reviewing and resolving complaints involving alleged discrimination not resolved
by the department head.

3.

The EEO/ADA Coordinator shall be responsible for formulating, implementing,
coordinating, and monitoring all efforts in the area of equal employment
opportunity. Department heads and supervisors shall maintain responsibility for
their actions in regard to offering equal opportunity to each department employee
or job applicant and for attempting to resolve discrimination complaints within their
respective departments not personally involving the department head.

4.

No inquiry shall be made prior to employment regarding the applicant’s race, color,
religion, gender, military status, national origin, ancestry, age (unless required by
law for position), sexual orientation, or disability, except as necessary to gather
equal employment opportunity or other statistics that, when compiled, will not
identify any specific individual. Disclosure of this information by the employee is
a voluntary action on the applicant’s part.

5.

It is the policy of the City to comply fully with all federal, state, and local
nondiscrimination laws.

6.

City employees shall not discriminate against any other employee or anyone
requiring services from the City because of that individual’s race, color, gender,
age, religion, familial status, disability, military status, national origin, ancestry,
sexual orientation, or marital status.

7.

Posters shall be displayed in locations throughout the City offices in such a manner
as to be easily readable from a wheelchair.

8.

It is the policy of the City of Norwood to provide courteous and efficient service.
In that regard, the City shall make every reasonable effort to accommodate persons
with disabilities, as well as those persons with language and literacy barriers.

11
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SECTION 2
B.

EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION

PROCEDURE

Complaints, comments, or questions regarding the City’s compliance with nondiscrimination laws
should be filed in accordance with the Discrimination Complaint Procedure contained in Section
2.04 of this manual.
AMERICANS WITH DISABILITIES ACT
A.

SECTION 2.02

POLICY
1.

It is the policy of the City of Norwood to provide qualified individuals with
disabilities equal access to employment. A “qualified” individual with a disability
is a person who meets legitimate skill, experience, education, or other requirements
of an employment position that he or she holds or seeks, and who can perform the
essential functions of the position with or without reasonable accommodation. This
policy prohibits discrimination against individuals with disabilities in all hiring,
firing, advancement, compensation, training, and the terms, conditions and
privileges of employment.

2

Employment: The Employer supports the intent and purposes of the Americans
with Disabilities Act (ADA) and will not discriminate against qualified individuals
with disabilities because of the disability of such individual in regard to job
application procedures, hiring, advancement, discharge, compensation, job
training, and other terms, conditions and privileges of employment.

3.

Accessible Features: The Employer shall maintain in operable working order all
features of facilities and equipment which are for the use, benefit, aid, or service of
the public, in a manner which is readily accessible to and usable by persons with
disabilities.

4.

Accessible Facilities: Each service, program, and activity shall be operated in a
manner that, when viewed in its entirety, shall be readily accessible to and usable
by individuals with disabilities.

5.

Accessible Communications: The Employer will make reasonable accommodation
to ensure that communications with applicants, participants and members of the
public with disabilities are as effective as communications with others.

6.

Information: The Employer shall ensure that all interested persons (including those
with impaired vision or hearing) can obtain information on the existence and
location of accessible services, activities, and facilities.

7.

Action to achieve accessibility may not be taken when it would result in a
fundamental alteration in the nature of a service, program or activity, or cause
undue financial and administrative burdens.

8.

EEO Coordinator - The Equal Employment Coordinator (see Section 2.01) shall be
responsible for:
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SECTION 2

EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION
a. Providing information about the ADA to employees and others;
b. Receiving and resolving complaints involving non-accessibility of services,
programs, or facilities and alleged discrimination against disabled individuals.

B.

PROCEDURE
1.

The Employer will conduct an interactive dialogue with an individual who has
claimed a disability or has requested an accommodation. The interactive dialogue
may also be triggered by the Employer’s perception of a potential problem with an
employee’s performance.

2.

The interactive dialogue is an informal interactive discussion between the
Employer and the individual aimed at finding a means by which the disabled
individual can perform the essential functions of the job. The purpose of the
meeting is to identify the precise limitations resulting from the disability and to
discuss the potential reasonable accommodations that could overcome those
limitations.

3.

Upon being notified by an individual of a disability or a need for accommodation,
or upon the Employer’s perception of a potential problem, the following process
will be followed:
a. The Employer will analyze the particular job involved and determine its
purpose and essential functions;
b. The Employer will consult with the potentially disabled individual to ascertain
the precise job-related limitations imposed by the claimed disability and how
those limitations could be overcome with a reasonable accommodation;
c. Provided the individual’s condition meets the definition of a disability (see
paragraph 4), the Employer will consult with the disabled individual to identify
potential accommodations and assess the effectiveness each would have in
enabling the individual to perform the essential functions of the position; and
d. The Employer will consider the preference of the disabled individual and select
and implement the accommodation that is most appropriate for both the
employee and the Employer, provided the accommodation does not impose an
undue hardship on the operation of the Employer’s business.

4.

Definitions:
a.

Disability: The term disability means, with respect to an individual:
(1)

a physical or mental impairment that substantially limits one or more
major life activities of such individual;

(2)

a record of such an impairment; or

(3)

being regarded as having such an impairment.
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EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION
b.

Essential Functions: Fundamental or core duties of the position.

c.

Major Life Activities:

d.

(1)

Major life activities include, but are not limited to, functions such as
caring for oneself, performing manual tasks, walking, seeing,
hearing, speaking, breathing, sitting, standing, lifting, learning,
eating, sleeping, bending, reading, concentrating, thinking, and
communicating, and working.

(2)

A major life activity also includes the operation of a major bodily
function including, but not limited to, functions of the immune
system, normal cell growth, digestive, bowel, bladder, neurological,
brain, respiratory, circulatory, endocrine, and reproductive
functions.

Regarded as Having Such an Impairment:
(1)

An individual meets the requirement of “being regarded as having
such an impairment” if the individual establishes that he or she has
been subjected to an action prohibited under the Americans with
Disabilities Act Amendments Act because of an actual or perceived
physical or mental impairment whether or not the impairment limits
or is perceived to limit a major life activity.

(2)

Paragraph 4. a. (3) shall not apply to impairments that are transitory
and minor. A transitory impairment is an impairment with an actual
or expected duration of six (6) months or less.

DISCRIMINATORY HARASSMENT
A.

SECTION 2.03

POLICY

It is the policy of the City of Norwood to maintain an environment free from all forms of unlawful
discriminatory harassment for all employees, including gender-based discrimination due to sexual
harassment. Sexual harassment is an issue that can affect employees at all levels. Sexual
harassment is inappropriate and interferes with the well-being and productivity of the employee
and the efficiency of our organization, negatively affecting morale, motivation, and job
performance. The City of Norwood, in the commitment to eliminate this inappropriate behavior,
has established the following policy. For purposes of this policy conduct of a sexual nature will
not be tolerated. To maintain this environment, discriminatory harassment, whether committed by
supervisors, co-workers, or members of the public, of opposite or same gender is strictly
prohibited.
This policy applies equally to men and women; to same and opposite sex relationships; to
supervisor-subordinate relationships; and to peer relationships. It may also apply to
customer/client and other relationships with non-staff members with whom we do business.

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1.

2.

EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION
Definition: Discriminatory harassment is any type of harassing conduct that is
based upon an employee’s race, color, gender, military status, national origin,
ancestry, age, religion, sexual orientation, or disability. Sexual harassment
includes, but is not limited to the following:
a.

Repeated unwanted and/or offensive sexual flirtations, advances, or
propositions;

b.

Repeated verbal abuse of a sexual nature;

c.

Graphic or degrading verbal or written comments about an individual, the
individual’s appearance, or the individual’s sexual orientation;

d.

The display of sexually suggestive objects, pictures, or the display of same
through other media in a location where others can see it;

e.

The implication or threat that an employee’s or applicant’s employment,
assignment, compensation, advancement, career development, or other
condition of employment will depend on the employee’s or applicant’s
submission to sexual harassment in any form; and,

f.

Any offensive, abusive, or unwanted physical contact.

Responsibility:
a.

b.

It is the responsibility of all employees to aid the Employer in maintaining
a work environment free from discrimination, including sexual harassment.
Therefore, it is the responsibility of each employee, including supervision
and management, to immediately report any instances of discriminatory
harassment to the proper authority (see Complaint Procedure, Section 2.04).
Any employee who observes any conduct that may constitute
discriminatory harassment of any City employee, but fails to report same,
may be subject to disciplinary action. Those employee responsibilities
include:
(1)

Adhering to this policy

(2)

Discouraging sexual harassment

(3)

Reporting any incident to appropriate persons

(4)

Cooperating in any investigation which might result

(5)

Directing any questions to their supervisor or department head

It is further the responsibility of each supervisor to ensure that all employees
who report to the supervisor are aware of the policy against discriminatory
harassment, that they are aware of the complaint and reporting procedures,
and that they are aware of the consequences of engaging in discriminatory
harassment.
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3.

EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION
c.

It is the responsibility of management to maintain an environment free from
discriminatory harassment. Management shall ensure that its supervisors
are sufficiently trained in recognizing discriminatory harassment, the
complaint and reporting procedures, the proper methods of investigating
complaints of discriminatory harassment, and the disciplinary procedure
regarding discriminatory harassment.

d.

Management shall also ensure that all employees are aware of this maintain
an environment free from discriminatory harassment. Additionally, each
newly-hired employee will receive training in this policy as a part of their
employee orientation. An employee who has questions or concerns
regarding this should contact their Supervisor or Appointing Authority.

Procedure:
a.

Once a complaint of discriminatory harassment has been received, or an
instance of such harassment has been reported (see Complaint Procedure,
2.04), the proper member of management will immediately investigate the
matter in accordance with the investigation procedure. The complaining
employee and/or the reporting employee will be informed of the results of
the investigation.

b.

If, after a thorough and prompt investigation, it is determined discriminatory
harassment has occurred, the employee who has been found to have
committed such harassment will immediately be disciplined in accordance
with the disciplinary procedure for discriminatory harassment. The
complaining and/or reporting employee(s) will be informed of the results of
the disciplinary procedure.

c.

If, after the investigation, it is determined that no discriminatory harassment
occurred, or that there is insufficient evidence to determine whether or not
such harassment has occurred, the complaining employee and/or reporting
employee will be informed of same.

DISCRIMINATION COMPLAINT PROCEDURE
A.

SECTION 2.04

POLICY

Any employee who believes that he/she has been the subject of discrimination, discriminatory
harassment, or sexual harassment, and/or any employee who has witnessed an incident, or
incidents of such discrimination or harassment, or wish to raise questions or concerns, should
immediately report the matter(s) to the proper authority, as described in Section 2.04.B.1.
B.

PROCEDURE
1.

Any employee who believes that he/she has been the subject of or witness to
discrimination, including sexual harassment, should immediately report the alleged
act(s) to his/her immediate supervisor, department head, or the EEO/ADA
Coordinator.
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EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION
If the immediate supervisor, department head, or EEO/ADA Coordinator is the
subject of the complaint, the employee should report to the next higher-ranking
person in the facility’s table of organization.
The employee should report the complaint to the Appointing Authority if all lower
positions in the chain of command are implicated in the complaint. Should the
Appointing Authority be the subject of the complaint, the employee should report
the matter to the City Law Director.

2.

The employee alleging discrimination or discriminatory harassment shall complete
the EEO/Anti-Discrimination Complaint Form provided for that purpose. The
employee should provide:
a.

The employee’s name;

b.

The name of the subject of the complaint;

c.

The act(s) complained of;

d.

The date(s) of the act(s);

e.

Any witnesses to the alleged acts; and

f.

The remedy the employee is seeking.

This form should be completed by the employee as soon as possible following the
alleged act giving rise to the discrimination or harassment complaint.
3.

If the employee alleging the discrimination or discriminatory harassment is
unwilling to complete the complaint form, the matter should be addressed under the
“duty to report” section and the form completed by the person to whom the verbal
complaint was made. This form should be completed as soon as possible and no
later than two (2) days after the date the alleged act of discrimination or harassment
was reported.

4.

After the EEO/Anti-Discrimination Complaint Form has been completed, the
complaint will promptly be investigated by the Appointing Authority or designee.

5.

If the investigation reveals that the complaint is valid, prompt action will be taken
to end the discrimination or harassment immediately.

6.

The investigation will begin with private interviews of the employee allegedly
committing the harassment and any and all witnesses. Information will be kept as
confidential as practicable, although confidentiality cannot be guaranteed.
Determinations shall be made on a case-by-case basis.

7.

If the investigation reveals the complaint is valid, prompt attention and disciplinary
action designed to stop the harassment and prevent its recurrence will be taken.
Complainants will be protected from retaliation.
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8.

EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION
The City encourages employees to come forward to discuss situations which might
make them uncomfortable and discuss their options.

DISCRIMINATION DISCIPLINARY PROCEDURE
A.

B.

SECTION 2.05

POLICY
1.

All allegations of discrimination and/or discriminatory harassment shall be
promptly investigated.

2.

Although legitimate complaints made in good faith are strongly encouraged, false
complaints or complaints made in bad faith will not be tolerated. Any employee
that makes a false statement and/or false accusations during the investigation will
be subject to appropriate discipline in accordance with the Employer’s policy.
Failure to prove sexual harassment will not constitute a false complaint without
further evidence of bad faith. False complaints are considered a violation of this
policy and an employee who makes a false complaint may be subject to discipline.

3.

Disciplinary action will result and be reflective of the seriousness of the violation.
If the investigation establishes that the accused employee engaged in sexual
harassment, discipline will be administered which may include removal. Offenders
will be disciplined without regard to their position or job performance. Any
individual exhibiting discriminatory or harassing behavior towards an employee
who had knowledge of sexually harassing conduct that allows the conduct to go
unaddressed will be subject to discipline.

PROCEDURE

When it is determined that there is cause for believing that an act of discrimination or
discriminatory harassment has occurred, the following steps will be followed:
1.

All complaints alleging illegal discrimination or discriminatory harassment shall be
filed on the EEO/Anti-Discrimination Complaint Form. This form shall be filed as
soon as possible after the date the alleged discrimination occurred.

2.

The department head, Appointing Authority, City Law Director, or other
designated individual shall investigate all complaints and respond to the
complainant as soon as possible following completion of the investigation. If the
complainant is not satisfied with the initial response, he/she may file the complaint
with the EEO/ADA Coordinator or the Appointing Authority.

3.

The charged party may immediately be suspended with pay or temporarily
transferred pending the final resolution of the complaint.

4.

If the charged party requests it, a meeting will be held during which the charge will
be explained to the charged party, and the charged party will be given the
opportunity to respond to the charge. The Employer may require that the response
be in writing and submitted to the person conducting the investigation.
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EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION

5.

Following the meeting and/or completion of the investigation, a final determination
will be made. If it is determined that a prima facie case of discrimination or
discriminatory harassment has been established, the charged employee will be
notified and disciplinary action will be implemented.

6.

Any employee that makes a false statement and/or false accusations during the
investigation will be subject to appropriate discipline in accordance with the
Employer’s policy.

7.

Nonemployees found to have committed an act of illegal discrimination against an
employee will be dealt with appropriately as allowed by law.

8.

When reviewing complaints alleging a violation of the ADA, the department head,
Appointing Authority, City Law Director, or other designated investigator will
determine whether the complainant is a “qualified person with a disability,”
whether the Employer may have discriminated against the complainant, and, if so,
whether the Employer can “reasonably accommodate” the complainant or
otherwise resolve his/her complaint.

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EMPLOYMENT

REQUIREMENTS FOR EMPLOYMENT
A.

SECTION 3.01

POLICY
1.

The appointing authorities for the City of Norwood have the ability to hire
employees based on their experience for the job in which they are applying and can
determine which step in that grade the prospective employee will be placed.

2.

The Employer appoints, employs, fixes compensation for, disciplines, and
establishes policies and procedures and other conditions of employment for its
employees. Employment with the City is employment in a public agency, subject
to federal, state and local laws and the requirement that employees recognize and
agree to abide by all applicable laws and all applicable policies and procedures as
a condition of employment.

3.

Licensing/Certification: Any employee required to have a license or certification in
order to perform the duties of his/her position, shall obtain said license or
certification prior to employment with the City or within a reasonable period
thereafter as determined by the Appointing Authority. The employee shall be
required to maintain any required license or certification as a condition for
continued employment by the City. Incumbents who lose the license required for
their classification will be deemed to be incompetent to perform the duties of their
classification and shall be terminated following the procedures set forth in this
manual or applicable collective bargaining agreement.

4.

Training Academy/Program for Fire or Police Certification: As a condition of
employment, firefighters shall complete and pass state required firefighting
schools, and be certified by the State of Ohio as firefighters and/or Emergency
Medical Technicians and police officers shall be certified by the Peace Officer
Training Council upon successful completion of required academy, coursework and
training, or equivalent.
Upon appointment, each new fire and police employee who does not have the
necessary certification will be enrolled in an applicable training academy/program.
The City will pay all expenses for the training academy/program.

5.

Operator’s/CDL Licenses: Certain classifications require that the occupants of that
classification have and maintain a motor vehicle operator’s or commercial driver’s
license, whichever is applicable to that position. Applicants without the required
license may be considered less qualified for a vacancy requiring such license than
an applicant who already possesses a license. However, the Employer may allow
an applicant to obtain the required license, per a pre-employment agreement that
indicates a period of time in which the required license must be obtained.
Employees who fail to obtain a required license or who have their license
suspended, revoked or fail to renew their CDL license, will be deemed incompetent
to perform the duties of their classification and will be terminated from
employment.
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EMPLOYMENT

6.

Bonding: State law or the Employer may require that certain employees be bonded.
The Employer will pay the cost for bonding. Should an employee fail to remain
bonded, the employee will be considered incompetent and may be terminated from
employment with the City.

7.

Insurability: An employee must be insurable under all applicable City insurance
plans designed to protect the City from liability and remain eligible for such
coverage during the term of his/her employment. The City may conduct a review
of the employee’s driving record to ensure the employee possesses a valid license,
remains insurable, and remains eligible to operate City vehicles and equipment.

CLASSIFIED AND UNCLASSIFIED EMPLOYMENT
A.

SECTION 3.02

POLICY
1.

Employment with the Employer is governed by the State of Ohio Civil Service
laws. All positions in the civil service fall into one of two general categories:
“Classified” or “Unclassified.”

2.

All employees of the City are presumed to be classified civil servants unless the
position an employee occupies has been exempted from the classified service by a
lawful request of the Employer, or by operation of law or by resolution/ordinance.
All positions in the service of the City shall be filled pursuant to open competitive
examinations, except for those exempted positions. Most classified employees may
only be disciplined for cause and by following the procedures set forth in O.R.C.
Chapter 124. Exceptions include probationary employees, who may be removed
or reduced for unsatisfactory service during the probationary period without a
showing of cause (see Probationary Periods Policy) and certain employees covered
by a collective bargaining agreement who have waived their rights under Chapter
124. Classified status does restrict an employee’s ability to participate in partisan
politics (see Political Activity Policy).

3.

Some City employees serve in the unclassified civil service, or occupy positions
which have been exempted from the classified service. The following positions are
exempt from open competitive examinations:
a.

Members of Council;

b.

Clerk of Council;

c.

President of Council;

d.

Mayor;

e.

Elected Officials (Treasurer, Auditor, Law Director);

f.

Safety Services Director

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EMPLOYMENT
g.

Assistants to the appointing authorities – such as assistant law director,
secretary to the law director, deputy treasurer, earnings tax commissioner,
deputy auditor, assistant deputy auditor, building commissioner, human
resources director, community development director, recreation director
mayor’s executive assistant, secretary to safety and service directors, clerk
of courts, superintendent of public works, secretary to clerk of council and
any other positions created by Ordinance.

h.

Members of Boards and Commissions;

i.

Seasonal employees; part-time recreation employees

j.

Such other positions in the City that are determined by the Civil Service
Commission to be exempt under the provisions of R.C. 124.11(A) including
those positions which have fiduciary and administrative duties as described
by that section;

k.

Pursuant to R.C. 124.11(A)(8), also deputy clerk of courts, one clerk in the
Auditor’s office, and one clerk in the Treasurer’s office;

Such employees serve at the pleasure of the Employer (or the electorate).
Unclassified employees are not prohibited by law from engaging in partisan
political activity on their own time and away from areas in public buildings where
official business is transacted or conducted (see Political Activity Policy).
4.

B.

Employees appointed to positions on a temporary or intermittent basis are
unclassified and serve at the pleasure of the Appointing Authority and, therefore,
have no right to appeal any suspension or removal to the Civil Service Commission.

PROCEDURE
1.

Appointment: Employees in the classified service may be appointed to their
positions (hired or promoted) by “certified” appointment or “non-competitive”
appointment.
a.

Certified Appointment: A certified appointment occurs when an
appointment is made from a list of certified eligible applicants who have
passed a civil service examination. Employees hired by certified
appointment are not subject to displacement, except in cases of layoff or job
abolishment.

b.

Non-competitive Appointment: A non-competitive appointment is made
when a qualified person has been hired in the absence of a list of certified
applicants, or when a list is provided by the Civil Service Commission that
contains less than ten (10) names and a selection is not made from that list.
Non-competitive appointees may obtain permanent status in one (1) of the
following ways:

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2.

EMPLOYMENT
(1)

demonstrate merit and fitness for the position by
successfully completing the probationary period (Section
3.12) for the position, or

(2)

remain in the position for a period of six (6) months of
continuous service, whichever period is longer.

Unclassified Service: “Unclassified” employees serve at the pleasure of the
Appointing Authority. They need not take a civil service examination for initial
appointment to, or retention of, their position. All of the terms and conditions of
employment contained herein apply to unclassified employees unless specifically
stated otherwise.
The Employer must notify newly appointed unclassified employees of the nature
of unclassified employment. The Employer must provide a position description to
newly hired, unclassified employees.

EMPLOYEE STATUS
A.

SECTION 3.03

POLICY
1.

In addition to being categorized as classified or unclassified, all employees shall be
categorized in one (1) of the following employee status types:
a.

b.

Hours Assigned:
(1)

Full-time: An employee who works at least 40 hours per week on a
regularly scheduled basis or the standard full-time workweek as
designated by the Employer.

(2)

Part-time: An employee who works less than 40 hours per week but
at least 20 hours per week on a regularly scheduled basis, or less
than the standard full-time workweek designated by the Employer,
but on a regularly scheduled basis.

(3)

Intermittent: An employee who works on an irregular schedule
which is determined by the fluctuating demands of the work and is
generally not predictable. An intermittent employee generally
works less than 1,000 hours in any 12 month period. Intermittent
employees serve in the unclassified service at the pleasure of the
Appointing Authority by operation of law.

Duration of Appointment:
(1)

Temporary: An employee appointed to a non-permanent position,
on a full-time, part-time or intermittent basis, for a specified period
of time, not to exceed six (6) months. Successive temporary
appointments to the same position may be made with the approval
of the Appointing Authority. Temporary employees serve in the
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EMPLOYMENT
unclassified service at the pleasure of the Appointing Authority by
operation of law.

B.

(2)

Seasonal: An employee who works on the academic program year
or who works on a recurring but temporary basis annually (e.g., life
guards, summer, mowing season, tax collection period, etc.). A
seasonal employee may be appointed on a full-time, part-time or
intermittent basis.

(3)

Student: An employee who is a student at an educational institution
and employed by the Employer in cooperation with such educational
institution to provide training to the student employee. (Student
appointments are in the unclassified service by operation of law).

2.

Contract service providers and/or vendors are not considered to be employees and
are not eligible for benefits provided by the City.

3.

The categories outlined above apply for civil service purposes, such as order of
retention in the event of layoff. However, these categories may not apply to certain
benefit programs, such as eligibility for health care coverage, especially where
eligibility and categories of employee status are established by those benefit
programs.

4.

If an employee works the number of hours per week on a regular basis for six (6)
consecutive months which might justify a change in employment status, the
employee may request to have their employment status changed.

PROCEDURE
1.

Employees shall be informed upon appointment of their employment status.
Temporary, seasonal, intermittent, and student appointments should be
communicated in writing to employees, and that a condition of their appointment
is one of a temporary or seasonal nature. Such notification shall also include the
approximate dates of employment and cessation of employment.

2.

Employees may submit a request to their department head for a change in
employment status if they believe they are working more time on a regular basis
than their employment status indicates.

CLASSIFICATION PLAN
A.

SECTION 3.04

POLICY
1.

The City of Norwood Civil Service Commission shall maintain and administer a
plan of classification specifications (or class specs), known as a “Classification
Plan” (or “Class Plan”). A classification includes one (1) or more positions that are
so similar they can be described by a common job classification title. Each position
within a job classification may have its own “working” title and its own description.
Classifications are used to determine order of layoff and certified status. The
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EMPLOYMENT
Commission will create or amend the class plan and class specs based upon an
analysis of the duties, responsibilities, essential functions and qualifications of the
positions affected.

B.

PROCEDURE
1.

As positions are changed or added, the class plan must be revised. Factors which
may necessitate a revision to the plan are:
a.

The addition of a new duty or responsibility to a position.

b.

The abolishment of a current duty or responsibility from a position.

c.

The reassignment of current duties or responsibilities between or among
positions.

d.

A new or revised licensure or certification requirement as dictated by law
for a position.

2.

When any of these factors occurs, the HR Department shall submit the change or
addition to the Commission, who shall review the change or addition and make any
appropriate changes or additions to the class spec or class plan.

3.

The Employer shall also make all changes to applicable payroll, personnel, and
operational records necessitated by changes or additions to the class plan.

ORIGINAL APPOINTMENT/PROMOTION–– CLASSIFIED SERVICE SECTION 3.05
A.

POLICY AND PROCEDURE

Original appointments and promotions to a position in the classified service shall be made
following the Rules and Regulations of the Norwood Civil Service Commission.
PROMOTION PAY INCREASE
A.

SECTION 3.06

PROMOTION PAY RATE POLICY
1.

When an employee is promoted to a higher classification within the City, the
employee’s new rate of pay will be determined based on a combination of objective
criteria and administrative discretion. The employee will be placed at either:
the lowest hourly rate within the new classification’s approved pay range
or
b) a higher rate within that range based on qualifying factors, subject to
approval by the Appointing Authority.
a)

The following factors will be considered in determining the appropriate rate of pay upon
promotion:
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EMPLOYMENT
•
•

•
•
•

Years of Service
o Length of continuous employment with the City, especially in a related
field or department.
Education and Credentials
o Relevant degrees, diplomas, or academic achievements.
o Professional certifications or licenses that exceed the minimum
requirements for the new role.
Prior and Current Compensation
o Current base hourly rate and also total earnings over the previous 12
months,
Internal Pay Equity
o Comparison with similarly situated employees within the same
classification to ensure fairness and avoid compression.
Available Budget and Funding Source
o Budgetary capacity of the hiring department and compliance with any
applicable restrictions (e.g., grants, bargaining agreements).

The final rate of pay within the new classification’s range will be determined at the discretion of
the Appointing Authority, in consultation with the Human Resources Department, and must be
supported by documentation of the factors considered.
VACANCIES IN THE CLASSIFIED SERVICE
A.

SECTION 3.07

POLICY
1.

When a list of certified applicants is not available from the Civil Service
Commission or the list supplied contains less than ten (10) names, appointment
from a certified list is not mandatory and vacancies in classified positions shall be
filled at the discretion of the Appointing Authority as provided herein.

2.

The Employer shall announce all vacancies in the classified service by appropriate
means and maintain a list of announced vacancies for public inspection.

3.

Each announcement, insofar as practical, shall specify the job title, compensation
range, nature of the job, the required qualifications and the deadline, method and
place of application. The announcement shall also include the essential functions
of the job or contain a reference to a contact person or posting location that will
advise applicants of the essential functions of the position.

4.

The Employer shall post on employee bulletin boards internal vacancies in the
classified service which occur or are imminent. The Employer will attempt to fill
vacancies from among interested, current employees of the Employer who meet the
necessary qualifications and are able to perform the essential functions of the
position provided such internal promotion is in the best interest of the City.

5.

An Employment Application must be properly completed and submitted before an
applicant will be considered for employment. Current employees wishing to be
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EMPLOYMENT
considered for the position must apply based on rules of collective bargaining
agreement or through internal application as directed by HR department

6.

The Employer will make reasonable accommodations to assist qualified persons
with disabilities to apply for vacancies.

7.

Nothing in this section shall be construed to prevent the Employer from advertising
for external applicants concurrently with the internal advertising of vacancies.

8.

Normally, employment applications will be accepted only when a vacancy exists
or is imminent and has been announced

EVALUATION OF APPLICANTS FOR CLASSIFIED POSITIONS
A.

B.

SECTION 3.08

POLICY
1.

When a valid list (containing at least ten (10) names) of certified applicants is not
available from the Civil Service Commission, applicants will be evaluated and
selected in accordance with the policy and procedures herein.

2.

Appointments by the Appointing Authority to vacant positions in the classified
service either by internal promotion or external selection will be based solely on
the applicant meeting the job-related qualifications and possessing the knowledge,
skills, and ability to perform the essential functions of the position as ascertained
through job-related selection methods.

PROCEDURE
1.

The Appointing Authority or designee will first review all applications to determine
those applicants who possess the minimum, job-related qualifications as stated on
the position description

2.

Once the applicants who meet the minimum job-related qualifications have been
determined, consideration of the following for each applicant will be reviewed:

3.

a.

knowledge, skill, and ability to perform the essential functions of the
position;

b.

work experience in positions comparable to the vacant position;

c.

work history (i.e., length of past employment, reasons for leaving, etc.);

d.

work record if applicable (i.e., attendance, performance, disciplinary
actions, etc.).

Applicants may be required to submit to any or all of the following: reference
checks, background checks, drug tests, job-related performance tests, interviews,
criminal history checks, and other job-related selection procedures.
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SECTION 3
4.

EMPLOYMENT
Otherwise, qualified applicants may be eliminated from consideration for a position
if the applicant:
a.

makes a false statement of material fact in the application/other hiring
documents or examination;

b.

has committed or attempted to commit a fraudulent act at any stage of the
selection process;

c.

is an alien not legally permitted to work;

d.

has previously been terminated for just cause, except in unusual
circumstances to be determined by the Employer;

e.

has been convicted of a felony or a crime involving moral turpitude;

f.

is addicted to drugs or alcohol;

g.

has a pattern of poor work habits and performance with the current or
previous Employer.

If an applicant is hired and it is subsequently discovered that one of the above
disqualifying criteria apply, the employee may be removed from employment. The
above list is not exclusive.
5.

If the department head performs the initial interviews, the department head shall
determine the most qualified applicant for the position and submit a
recommendation to the Appointing Authority, who shall approve or disapprove the
department head’s recommendation. The Appointing Authority or a designee may
decide to be involved in the initial interviews or may elect to interview only a
selected number of candidates following the department head’s preliminary
screening of qualified candidates.

6.

Once the preferred candidate is selected, the Appointing Authority or department
head may inquire whether the candidate requires an accommodation to perform the
job. The Employer will not classify a candidate who requires a reasonable
accommodation as unqualified solely because that candidate requires such
accommodation. However, if the accommodation is unreasonable, or would cause
undue hardship to the Employer, the candidate may be considered unqualified.

7.

The applicant shall not be required to submit to a medical examination, until the
Employer has made a conditional offer of employment to the applicant (see Medical
Examination policy).

8.

The Employer is responsible for maintaining a record keeping system reflecting the
disposition of all job applicants. Such records shall be kept on file for at least two
(3) years and shall include a completed job application, medical examination data,
test results, and/or other job-related information.
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EMPLOYMENT

PERFORMANCE EVALUATIONS
A.

SECTION 3.09

POLICY

The City performs evaluations as applicable each year near the anniversary date of the employee’s
date of hire and annually thereafter. No employee, part-time and full-time, receiving a less than
satisfactory performance rating shall be eligible to receive a wage increase until receiving one (1)
satisfactory performance rating in either an annual or special evaluation. Maximums for Merit may
be set by City Administration based on budget, merit policy or other factors.
MEDICAL EXAMINATION
A.

SECTION 3.10

POLICY
1.

A medical examination by a licensed practitioner may be required by the Employer
prior to appointment to evaluate selected job applicants’ physiological and/or
psychological condition as it relates to the applicants’ ability to perform the
essential duties of the positions for which they are applying. Examinations may
include any job-related examination determined to be a pre-employment
requirement.

2.

For purposes of this policy, a “licensed practitioner” is a physician, psychiatrist,
psychologist, or other appropriately licensed mental health professional such as a
licensed professional clinical counselor or licensed independent social worker who
is licensed to perform the appropriate examination.

3.

All employees are required to maintain their physical fitness at a level which will
permit them to efficiently perform the essential duties of their position and avoid
endangering themselves or those they serve.

4.

All applicants for original appointment in the police and fire departments, within
120 days prior to appointment, must pass a physical examination, given by a
licensed physician, certifying that the applicant is free of cardiovascular and
pulmonary diseases, and show that he or she meets the physical requirements
necessary to perform the duties of a police officer or fireman, as established by the
Civil Service Commission.
The Appointing Authority or designee shall, prior to making any such appointment,
file with the Ohio Police and Fire Pension Fund, a copy of the report or findings of
the licensed physician (see O.R.C. 124.41 and 124.42).

B.

PROCEDURE
1.

When a medical examination is required, such requirement shall be included in the
vacancy announcement.

2.

No medical examination will be conducted until after the Employer has made the
applicant a conditional offer of employment.
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SECTION 3
3.

EMPLOYMENT
The Appointing Authority shall select the licensed practitioner to administer the
examination and shall pay the cost. Applicants may obtain, with approval of the
Appointing Authority, a waiver of the medical examination requirement for the
following reasons:
a.

verified religious opinion or affiliation, or

b.

reinstatement within one (1) year of separation.

Any applicant requesting to waive the examination requirement for one of the
above reasons shall submit a written affidavit describing the applicant’s state of
health at the time of employment.
4.

After hire, employees may be legally required to submit to medical examinations
for certain purposes during their period of employment with the City. Such an
examination is intended to ensure that the incumbents continue to be physically and
mentally able to perform the duties of their position. Examples include examination
to certify eligibility for Family and Medical Leave or other leaves of absence,
examination to assess eligibility for Workers’ Compensation, Fitness for Duty
examination, examination required by Occupational Safety and Health programs,
etc. A medical examination may also be required to determine an employee’s
ability to return to work following a medically related leave of absence.

IMMIGRATION REFORM AND CONTROL ACT

SECTION 3.11

A.
In accordance with the Immigration Reform and Control Act of 1986 and as a condition
of employment, the Employer shall verify both the identity and the employment eligibility of all
employees.
1.

All employees shall be required to complete the Employee Information and
Attestation information requested on Form I-9 no later than the first day of
employment but not before accepting a job offer.

2.

Within three (3) business days of the date employment begins, each newly hired
employee shall furnish an original of one (1) of the documents listed on List A of
Form I-9 to substantiate both the employee’s identity and employment
authorization or an original of one (1) of the documents on List B of Form I-9 to
establish identity and an original of one (1) of the documents on List C of Form I9 to establish employment authorization.

3.

If the newly hired employee cannot produce the documents, the employee must
produce a receipt for an application for replacement documents within three (3)
days of the first day of employment. The employee must then present the
replacement document within 90 days of the first day of employment.

4.

Within three (3) business days after the date employment begins, the Employer
must physically examine the documentation presented by the new employee and
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SECTION 3

EMPLOYMENT
complete the remaining portions of Form I-9. The Human Resources or designee
shall ensure that each newly hired employee has properly completed the I-9 form
and provided proof of identification and employment eligibility as required by this
policy.

5.

The Employer shall retain Form I-9 and photocopies of the supporting
documentation for three (3) years after the effective date of hire or for one (1) year
from the date of the employee’s separation from service, whichever is later.

6.

Form I-9 and copies of supporting documentation shall not be used for any purpose
or provided to any department or person other than for the purpose of complying
with the requirements of the Immigration Reform and Control Act.

7.

If an employee’s authorization to work expires, the Employer must immediately reverify that the employee is still authorized to work, based on the employee’s
documentation of continuing eligibility or new authority to work. The Employer
must review the document, and verify on the I-9 Form, noting the document’s ID
number and expiration date.

8.

If an employee is rehired within three (3) years from the date their Form I-9 was
previously completed, the Employer may either rely on the employee’s previously
executed Form I-9 or complete a new one. If the Employer chooses to rely on a
previously completed Form I-9, follow these guidelines:
a.

If the employee remains employment authorized as indicated on the
previous Form I-9, the employee does not need to provide any additional
documentation. In the Reverification and Rehires Section of Form I-9,
provide the employee’s rehire date, any name changes, and sign and date
the form.

b.

If the previous Form I-9 indicates that the employee’s employment
authorization has expired, employment authorization must be re-verified in
Reverification and Rehires Section of Form I-9 in addition to providing the
rehire date. If the previously executed Form I-9 is not the current version
of the form, the Reverification and Rehires Section of Form I-9 must be
completed on the current version of the form.

c.

If the Reverification and Rehires Section of the employee’s previously
completed Form I-9 was already used, but the employee is being rehired
within three (3) years of the original execution of Form I-9, complete the
Reverification and Rehires Section on a new Form I-9 and attach it to the
previously completed form.

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EMPLOYMENT

B.

The Employer will terminate the employment of an employee who is unable or refuses to
complete a Form I-9 and provide the mandated documentation establishing employment
eligibility within the established timeframes.

C.

The Employer will terminate the employment of an employee who becomes an
unauthorized alien ineligible to work in the United States.

D.

Anti-discrimination Policy: It is the intention of the Employer not to discriminate in hiring
on the basis of national origin and citizenship status except as specifically provided by law.
The Employer will not discriminate against any citizen or person intending to become a
citizen in so far as that person has completed a declaration stating that such person intends
to declare U.S. citizenship within six (6) months of eligibility for naturalization.

PROBATIONARY PERIODS
A.

SECTION 3.12

POLICY
1.

Each employee newly hired or promoted into a classified position shall serve a
probationary period. The purpose of the probationary period is to determine the
employee’s suitability for the appointed position. If a probationary employee’s
performance does not merit continued employment, the employee may be removed
at any time during the probationary period.

2.

The department head and/or Appointing Authority shall use the probationary period
to closely observe and evaluate the employee’s performance and aptitude for the
job. Likewise, the employee is encouraged to bring questions or concerns to the
department head or supervisor, to enhance the employee’s performance. The
department head has a responsibility to recommend to the Appointing Authority the
retention of those employees who meet acceptable work standards during the
probationary period and to recommend removal of those employees who fail to
meet such work requirements.

3.

Promoted Classified Employees: Promoted classified employees shall also serve a
probationary period. If a promoted employee’s performance does not merit
continued employment, they may be returned to their former position, or a similar
position, any time during their probationary period. If the same or similar position
is not vacant, the employee shall be treated as if the position to which the employee
is being demoted had been abolished. In such case, the employee will be offered
the appropriate displacement rights. No new probationary period is required
following such a demotion. Such reduction is not disciplinary action and shall not
preclude advancement to other vacant positions.

4.

Probationary Period: The probationary period for non-safety forces employees is
one hundred eighty (180) days. Only time during which an employee is in active
pay status and performing the duties of the classification into which the employee
was originally appointed shall be counted as part of the probationary period. The
probationary period for police officers and firefighters is one (1) year.
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SECTION 3
5.

B.

EMPLOYMENT
Employees appointed to unclassified positions do not serve a formal probationary
period, since they continuously serve at the pleasure of the Employer for the
duration of their employment.

PROCEDURE
1.

Dismissal or reduction of a classified employee may be made anytime during the
probationary period, at the discretion of the Employer.

2.

If a newly hired classified employee’s performance during probation is found to be
unsatisfactory, the employee shall be removed.

3.

Removal of a newly hired or return of a promoted classified employee during the
employee’s probationary period is accomplished as follows:
The department head or supervisor shall notify the employee in writing of the
respects in which their performance was unsatisfactory. A predisciplinary
conference as described in this manual is not required, although a meeting should
be held to give the employee an opportunity to respond. A copy of the written
notice of removal or reduction shall be filed with the Civil Service Commission.

4.

Any classified employee failing a promotional probationary period may appeal
through the grievance procedure outlined in this manual within five (5) days
following notice of failure of probation.

5.

Time on unpaid leaves of absence shall not be counted toward the completion of
the probationary period.

6.

The Appointing Authority does not intend to waive any right to remove an
unclassified employee, at the Appointing Authority’s pleasure, by adopting this
policy.

DEMOTION
A.

SECTION 3.13

POLICY

A demotion is the transfer of an employee to a position which has a lower level of responsibility,
classification, and compensation. Demotions generally result from an employee’s failure to
perform the duties of their position at an acceptable level or as a result of discipline. Demotions
may also be voluntarily requested by an employee or result from an accommodation of a qualified
employee with a disability who is no longer able to perform the essential functions of the
employee’s position with or without a reasonable accommodation, but can perform the essential
functions of a lower classification with or without a reasonable accommodation. Demoted
employees shall always be assigned to the appropriate pay range assigned to their new
classification. The exact pay rate shall be determined by the Appointing Authority or designee,
but such rate shall never exceed the amount the employee was receiving in the classification from
which they were demoted.

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SECTION 3
B.

EMPLOYMENT

PROCEDURE

Employees who desire to be considered for a posted vacancy in a lower classification shall follow
the established application process submit it to the Appointing Authority or designee within the
posting period.
LAYOFF
A.

SECTION 3.14

POLICY
1.

2.

General Policy: Layoffs or job abolishment of classified employees shall comply
with O.R.C. Sections 124.321 - 124.328 and 124.37. If it becomes necessary to
reduce staffing levels of classified employees, the Appointing Authority shall lay
off employees in compliance with O.R.C. Section 124.321 – 123.328 and 124.37.
The O.R.C. explains the rules for layoffs; however, the City’s Civil Service
Commission Rules and Regulations may provide additional detailed information
regarding the process. Layoffs shall only occur when one of the following reasons
can be demonstrated:
a.

lack of work;

b.

lack of funds;

c.

reasons of economy.

Definitions: The following definitions shall be applied to the procedures set forth
in this policy:
a.

Lack of Funds: means that there is a current or projected deficiency in
funding to maintain current, or to sustain projected, levels of staffing and
operations.

b.

Lack of Work: means that there is a current or projected temporary decrease
in the workload, expected to last less than one (1) year which requires a
reduction of current or projected staffing levels.

c.

Job Abolishment: means the deletion of a position or positions from the
organization or structure of an Appointing Authority for reasons of
reorganization for efficiency, reasons of economy, and/or lack of work.

d.

Layoff: means a suspension of employment, expected to last less then
twelve months, due to either a lack of work or a lack of funds or reasons of
economy.

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EMPLOYMENT

RESIGNATION / REFERENCES
A.

POLICY
1.

Employees may voluntarily resign by submitting a written letter of resignation to
their immediate supervisor. The resignation notice should be forwarded to the HR
Director for processing exit. Department heads shall give such notice at least four
(4) weeks in advance and all other employees at least two (2) weeks in advance of
the effective date of separation. Failure to give proper, timely notification shall
render the employee ineligible for future re-employment with the City of Norwood.

2.

Only the Appointing Authority or designee may respond to requests for
employment references regarding former or current employees. In addition, it is
the City’s policy to provide only the following information:

3.
B.

SECTION 3.15

a.

employment dates;

b.

employee’s classification;

c.

beginning and ending pay rates;

Upon termination of City employment, the employee is responsible to return all
City property to their supervisor.

PROCEDURE
1.

Letters of resignation shall be submitted to the immediate supervisor and contain
the following information:
a.

a statement indicating the employee’s intention to resign;

b.

the date of the letter;

c.

the effective date of resignation;

d.

the reason for resignation (optional);

e.

the employee’s signature.

2.

The supervisor shall forward the letter of resignation to the department head
immediately upon receipt, who shall, in turn, notify the Appointing Authority and
HR office.

3.

The Human Resources Director shall offer the resigning employee exit interview
with the options of written or verbal exit interview. The exit interview is for the
purpose of:
a.

Discovering any unknown grievances or problems relating to the resigning
employee’s employment;
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4.

EMPLOYMENT
b.

Determine all compensation and benefits owed;

c.

Determine the resigning employee’s availability for future employment (if
applicable); and

d.

Review benefits, questions and other related information.

Upon termination of employment, employees receive compensation at the current
rate of pay for all accrued vacation leave and unused compensatory time or based
on union contracts.

NEW HIRE REPORTING
A.

B.

SECTION 3.16

POLICY
1.

Generally: In accordance with O.R.C. 3121.89-3121.8911, the Employer shall
report certain information about employees who are newly hired, rehired, or who
return to work after a separation of employment. This information will be used by
the Ohio Department of Jobs and Family Services (ODJFS) to help locate parents
who owe child support, to make adjustments in public assistance benefits, and to
identify persons who are fraudulently receiving benefits. In addition, new hire
reporting information is available to other state agencies to help detect and prevent
erroneous unemployment or workers’ compensation payments.

2.

Employee Definition: The statute defines employee as any individual who is
employed to provide services to an Employer for compensation and includes an
individual who provides services to an Employer under a contract as an independent
contractor and who is an individual, the sole shareholder of a corporation, or the
sole member of a limited liability company.

3.

Deadline: Information regarding newly hired, rehired, or returning employees shall
be submitted within 20 days of the hire or rehire date.

PROCEDURE
1.

There are a variety of ways to report new hires, including online reporting,
electronic reporting, and by mail or fax. These options for reporting are discussed
in detail on the Ohio New Hire Reporting Center’s website.

2.

If the Employer prefers to submit the Ohio New Hire Reporting Form by mail or
fax the Employer shall complete and forward the form to the address or fax number
contained in the top left-hand corner of the form. A copy of this form is included in
this manual or can be obtained from the above listed website.

3.

For questions or technical assistance regarding the new hire reporting process
Employers can contact the Ohio New Hire Reporting Center.

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SECTION 3

EMPLOYMENT

NEPOTISM

SECTION 3.17

In order to prevent the appearance of impropriety and any conflicts of interest from developing,
the City of Norwood will employ, or consider for employment, related individuals subject to the
following limitations:
1.

Related individuals are not permitted to have supervisory and/or disciplinary
authority over one another.

2.

Related individuals shall not audit or review the work of one another as part of their
job duties.

An employee is not permitted to work in a position where his supervisor, or any person above him
in the established chain of command, is a relative. Should a promotion, transfer, or marriage create
such a relationship, one of the affected employees will be transferred, if possible, be asked to
resign, or separated from employment. Every effort will be made to seek an accommodation
through transfer prior to requesting an employee’s resignation or separating an employee from
employment.
No person in the employ of the City, prior to the adoption of this policy, will be retroactively
affected. If, however, two (2) employees of the City marry subsequent to the adoption of this
policy, all of its requirements shall be applicable to them.
For the purposes of this policy, the terms “related individuals” and “relatives” include: spouse,
child/step-child, son-in-law, daughter-in-law, parent, sibling/step-sibling, uncle, aunt, nephew,
niece, grandparent, grandchild, or any other person related by blood or marriage and residing in
the employee’s household.
Further, this policy’s application is intended for the administrative operations of the City. Persons
are not barred or precluded from employment with the City based on a relationship with a member
of the City’s legislative body.

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SECTION 4

COMPENSATION AND HOURS OF WORK

COMPENSATION
A.

B.

SECTION 4.01

POLICY
1.

Generally: The compensation practices of the Employer shall comply with sound
personnel management principles and practices and be in accordance with
applicable laws and regulations.

2.

Bargaining Unit Employees: Bargaining unit employees shall be compensated
according to the provisions in the applicable collective bargaining agreement.

3.

Non-bargaining Unit Employees: Non-bargaining unit employees shall be
compensated according to the set salary ranges established by City Council
ordinance and provided for within the approved annual budget. The Appointing
Authority has the right and ability to give raises, up to a maximum of a 10%
increase in a 12-month time period, within the Council-approved salary ranges if
the new salary is accounted for within the current annual budget.

PROCEDURE
.All changes in pay will be submitted according to appropriate procedures established by
HR and Auditors office.

PAY PERIODS / PAYCHECKS
A.

SECTION 4.02

POLICY
1.

The City payroll is based on a two (2) week work period which begins on a Sunday
and ends on a Saturday. There are normally twenty-six (26) pay periods per year,
each consisting of two (2) weeks. The biweekly pay period begins at 12:01 a.m.
Sunday and ends at 12:00 p.m. the second succeeding Saturday.

2.

Payday shall be the first (1st) Friday following the end of each two (2) week pay
period. If a payday occurs on a holiday, pay will be issued on the preceding day,
except under extenuating circumstances, in which case pay will be issued on the
next following workday.

3.

Employees are expected to participate in direct deposit to a financial institution.

4.

For those employees who still receive a paycheck or paystub, paychecks are
distributed by the Auditor’s office though HRIS system every payday. Only an
employee may obtain the employee’s paycheck or information related to the
paycheck.

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SECTION 4

COMPENSATION AND HOURS OF WORK

WORK SCHEDULING
A.

SECTION 4.03

POLICY
1.

The Appointing Authority shall establish the standard workday, workweek, and
starting and quitting times for each department under the Appointing Authority’s
authority in consideration of current and anticipated workload, public service needs
and other factors. No established schedule shall be construed as a guarantee of
work hours or as a restriction on the Appointing Authority’s right to restructure the
workday or workweek.

2.

The regular work week for all full-time employees shall be forty (40) hours. Parttime employees shall work as determined by the department head.

3.

The Employer may utilize “time off” or flexible hours in order to avoid employees
working in excess of the standard workday or workweek or when dictated by the
department’s work load.

4.

Employees may request variations to their regular schedule through their
department head, who will evaluate the feasibility of the request based on
departmental needs. Any permanent schedule change must receive final approval
from the Appointing authority.5.
This section is subject to the terms of any
applicable collective bargaining agreement. Subject to the discretion of the
department head and the provisions of applicable collective bargaining agreements,
employees may be authorized to take break periods each full working day. Such
breaks shall never interfere with the proper performance of the employee’s work
responsibilities.

TIME RECORDS
A.

SECTION 4.04

POLICY

All employees are required to record all hours worked for the Employer, including all times the
employee starts work and stops work each workday. Each employee is responsible to complete
his/her own time sheet and approve where indicated. The employee's supervisor must also approve
and sign where indicated. Once submitted, the employee's immediate supervisor must review and
approve the time entry in the HRIS system.
Time cards must be submitted to by Monday at 10:00 a.m. following the end of the work period.
Each department head may establish his/her due date for completed time cards so that each
department head can review and submit timely .
If an employee has used sick leave, used vacation, used a personal day, used compensatory time,
earned overtime, earned compensatory time, or any other special uses or earnings or time, the
proper documentation needs to also be submitted. Failure to adhere to the reporting procedures
adopted by the department head may result in delay of payment for the hours of work in question
and disciplinary action.
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SECTION 4
B.

C.

COMPENSATION AND HOURS OF WORK

PROCEDURE
1.

Nonexempt employees are responsible to sign/ clock in each time they start work
and sign out each time they stop work. Employees shall also sign out and in for
their lunch break unless approved otherwise.

2.

Employees shall only sign/ approve their own time card. An employee who
completes another employee’s time sheet shall be subject to discipline.

3.

Misrepresentation of time worked, the altering of any time record or allowing a
time record to be altered by others shall result in discipline.

4.

Non- exempt employees must document all time spent working.

EXEMPT EMPLOYEES
1.

Salaried employees determined to be exempt from the overtime requirements of the
FLSA shall not be eligible for overtime pay as defined in the FLSA. Such
employees shall not receive a reduction in pay for absences of less than one (1) day.
Such employees are, however, required to follow the procedures for requesting paid
leave hereunder, and all pre-scheduled vacation and sick leave of one (1) day or
more shall be deducted from the employee’s accumulated sick leave or vacation
leave balances.

2.

Public Accountability: For purposes of public accountability, exempt employees
may be required to maintain a record of the hours they work and any paid leave
utilized.

STARTING / LUNCH / QUITTING TIMES
A.

SECTION 4.05

POLICY
1.

Nonexempt employees are not permitted to begin work or clock in before their
scheduled start time, or to continue working or clock out after their scheduled end
time, without prior approval from their supervisor—except in emergency situations
where advance approval is not possible. Time entries will be rounded in accordance
with the City’s time clock policy: clock-ins up to 10 minutes before the scheduled
start time and clock-outs up to 8 minutes after the scheduled end time will be
rounded to the scheduled start and end times, respectively, in compliance with
applicable wage and hour laws.

2.

Nonexempt employees shall be provided a lunch period each workday as
determined by the department head. The lunch period is to be a non-work period
of time during which employees are free to pursue their own personal activities.
Employees who choose or are required to remain at their work location are not to
perform work assignments during this period, and will not be compensated for such
period, unless approved in advance by the department head.

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COMPENSATION AND HOURS OF WORK
The Appointing Authority has the discretion to authorize paid lunch to nonexempt
employees.

OVERTIME
A.

SECTION 4.06

POLICY
1.

Any employee may be required to work in excess of the normal workday or
workweek schedule to fulfill the operational demands of the department. When
FLSA non-exempt employees are required to work more than forty (40) hours in
any workweek, they shall receive compensation of one and one half (1½) times
their regular hourly rate for each hour worked in excess of forty (40) hours per
week. Overtime work shall be avoided so far as possible, but may be required by
the department head in the interest of the efficient operation of such department. If
overtime work is required, a nonexempt employee, as defined by the Federal Fair
Labor Standards Act (FLSA), shall be paid at the rate of one and one-half (1½)
times the employee's regular hourly rate or shall receive compensatory time off at
a rate of one and one-half (1½) hours for each hour of overtime worked.

2.

The standard workweek for employees will be seven (7) consecutive days,
beginning Sunday 12:00 a.m. (midnight) and continuing through Saturday 11:59:59
p.m. Eligibility for overtime shall be based upon all hours worked in the normal
workweek. For purposes of overtime, hours worked shall not include prescheduled
vacation, prescheduled personal days, compensatory time, bereavement leave, and
sick leave.

3.

When a FLSA non-exempt employee incurs an overnight stay on City business,
time spent traveling and time spent overnight on official City business shall not be
considered time worked for purposes of calculating overtime, except to the extent
such time coincides with the employee’s normal working hours or to the extent the
employee is doing actual work (i.e., driving a vehicle, attending meetings).

4.

Hours spent by FLSA non-exempt employees at lectures, meetings, training
programs and similar activities designed to assist the employee in performing the
employee’s current job more effectively, are counted as working time for purposes
of determining eligibility for overtime if such training is required or authorized by
the Employer.
However, attendance outside of regular working hours at specialized or follow-up
training which is required by law for required certification does not constitute
compensable hours of work even if all or part of the cost of the training is paid by
the Employer. Likewise, any training courses designed to prepare an employee for
advancement to another position shall not be considered compensable hours of
work provided the following criteria are met:
a.

Attendance is outside the employee’s regular working hours;

b.

Attendance is voluntary;
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SECTION 4

COMPENSATION AND HOURS OF WORK
c.

The employee does not perform any productive work while attending the
training program.

5.

Normally, overtime must be authorized by the department head or designee in
advance of the overtime being worked. However, unusual or emergency
circumstances (i.e., emergency call-outs) may require employees to work overtime
without having prior authorization of the department head. Whenever such
circumstances occur the department head shall be notified by the next scheduled
workday. Compensation for overtime worked in unusual or emergency instances
shall be determined by the department head.

6.

Scheduled overtime which is subsequently cancelled for any reason shall not entitle
the employee to overtime compensation.

7.

Overtime pay shall normally be paid to the employee on the same date the employee
is paid for the regular hours worked in the same pay period. If the calculation of
the overtime hours cannot reasonably be calculated within this time frame, such
overtime shall be paid with the next regular pay.

COMPENSATORY TIME
A.

SECTION 4.07

POLICY
1.

The decision of whether the employee is given compensatory time off or actual
compensation shall be by agreement between the Employer and employee prior to
the overtime hours. Nonexempt, employees may request to accrue compensatory
time in lieu of receiving cash payment for overtime worked, at the rate of one and
one-half (1½) hours off for each hour of overtime worked. The maximum
compensatory time which may be accrued by any affected employee shall be 40
hours banked.

2.

An employee who has accrued the maximum number of compensatory hours shall
be paid overtime compensation for any additional overtime hours of work. An
employee shall utilize the compensatory time allowed by the end of each calendar
year. If it is impossible for the compensatory time to be used during that period of
time, the individual shall be paid at their regular scheduled rate for the
compensatory time that is not utilized.

3.

The department head may schedule an employee to compensatory time off at the
department head’s discretion.

4.

Compensatory time off shall be taken in minimum increments of one (1) hours
unless otherwise approved for employees by Department Heads.

5.

An employee shall be permitted to use accrued compensatory time within a
reasonable period, provided that the time off would be mutually agreeable between
the Appointing Authority or designee and the employee

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6.
B.

COMPENSATION AND HOURS OF WORK
Payment for accrued compensatory time, upon termination of employment, shall
be calculated at the final hourly rate received by the employee.

PROCEDURE
1.

Employees may request to accrue compensatory time in lieu of receiving cash
payment by proper notation on the employee’s time sheet or time card, and will be
considered as submitted for approval by the department head.

2.

Employees shall request compensatory time in the HRIS system.

INCLEMENT WEATHER

SECTION 4.08

On certain days it may be difficult or impossible for a scheduled employee to come into work due
to excessive snow, ice, or other inclement weather. If Employer offices remain open, employees
are to make every effort to report to work. If the Appointing Authority determines that inclement
weather conditions exist, the following policy will be applied.
A.

Scheduled employees, able to come to work, shall be paid their regular wage for actual
time worked. Employees, unable to come to work, may use accrued vacation leave or
personal days, if available, or, if unavailable, may receive an excused day off without pay,
if the employee follows the notification of absence policy applicable to the employee’s
department.

B.

Certain employees are to come to work regardless of weather conditions (i.e., safety,
maintenance, snow removal personnel, etc.). When weather conditions are extremely
severe, such employees should contact their supervisor and, where possible, arrangements
may be made to pick them up at their homes.

LONGEVITY

SECTION 4.09

All full-time personnel completing five years of service shall be eligible for additional pay in form
of longevity. Employees completing the following years of service will receive:
•
•
•
•

5 years: $450.00
6-13 years: $450.00 plus additional $30.00 per year of service over 5
14-24 years: $450.00 plus additional $40.00 per year of service over 13
25 +: $450.00 plus additional $50.00 per year of service over 24

All Longevity payment will be made on or around December 1st each year.
This policy will take effect on January 1, 2027 and first payments under this policy will be made
in December of 2027.

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SICK LEAVE
A.

SECTION 5.01

POLICY
1.

Accrual: 1. Accrual of Sick Leave
Full-time employees are eligible and accrue sick leave at a rate of 4.6 hours for
every 80 hours in active pay status. Salaried employees accrue sick leave based on
a standard 40-hour workweek. Employees working fewer than 80 hours in a pay
period will earn a proportional amount. Sick leave may be accumulated without
limit. Part-time and seasonal employees are not eligible for accruals of PTO

2.

Crediting Prior Public Service
Employees joining the City from another public agency or transferring between
City departments may have previously accrued sick leave reinstated, provided:
- The break in service does not exceed 10 years.
- The sick leave was not paid out at separation per ORC 124.39.
"Public agency" refers only to entities required by ordinance 57-2022 to offer sick
leave. Sick leave from private or exempt organizations is not eligible for transfer.
Any previously granted sick leave credit remains valid. Transferred leave will be
used on a “first in, first out” basis and is not eligible for cash-out.
If a former employee removed due to a felony conviction is rehired, they will
begin sick leave accrual as if they are a new hire, with no credit for prior service.

3.

Usage: Eligible Uses
Sick leave may be used with approval by Department head or designee for the
following:
- Personal illness, injury, pregnancy-related conditions, or exposure to contagious
disease;
- Care for an immediate family member with illness, injury, or pregnancy-related
condition when the employee’s presence is reasonably required;
- Medical, dental, vision, or mental health appointments for the employee or their
immediate family, when the appointment cannot reasonably be scheduled outside
work hours.

4.

Immediate Family: Immediate family includes: spouse, child, parent, sibling,
grandparent, grandchild, in-laws (parent, sibling, grandparent), step-relatives
(parent, sibling, grandparent, child, grand child), legal guardians, or any person
standing in the place of a parent.

5.

Sick Leave Charging and Pay:
Sick leave is paid at the employee’s regular rate and may not exceed their normal
scheduled hours. Leave must be used in one-hour minimum increments.
Overpayment for denied sick leave will be deducted from the employee’s next
paycheck.

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6.

EMPLOYEE BENEFITS
Documentation and Approval
Verification Requirements:
Employees may be required to provide documentation to Human Resources for
any sick leave exceeding three consecutive workdays. A healthcare provider’s
certification if medical care was involved may be required. All required
documentation must be submitted in a timely manner but no later than the
Monday following close of the pay period week.
Sick leave requests may be denied if:
The employee fails to follow appropriate request procedures;
Required documentation is not submitted on time;
There is evidence of misuse (e.g., inconsistent behavior, falsification,
repeated use before/after weekends or holidays);
- The employee engages in outside employment or activities inconsistent with
their stated illness/injury.
These issues may also result in disciplinary action, up to and including
termination.

7.

Sick Leave Misuse
Using sick leave under false pretenses or through dishonest means and patterns of
sick leave usage immediately prior or subsequent to holidays, vacation, days off,
and/or weekends or the excessive use of sick leave will result in denial of the
leave and potential disciplinary action. Employees are generally expected to
remain at home or in a medical facility while on sick leave, unless attending
medical appointments or approved related activities.
8. Sick Time Conversion- Eligible Employees may convert accrued sick leave to
vacation time subject to the terms and provisions set forth below:
a) The time conversion factor is three (3) to one (1). A maximum of one hundred
and forty-four (144) hours of sick time may be converted to forty- eight (48)
hours of vacation time in any given calendar year for full time employees.
b) The minimum number of hours that may be converted is twenty-four (24)
hours of sick time to eight (8) hours of vacation time in any given calendar
year for full time employees.
c) The converted sick time is not eligible for vacation payout and is forfeited if
not used at end of each calendar year if the converted time is in excess of the
of carry over allowance.
d) Employees must have a minimum number of sick hours available after
conversion. Full-time employees are required to maintain two hundred and
forty (240) hours.
e) Employee must have less than two hundred (200) hours of vacation time
available to be eligible for sick leave conversion.
f) Conversion request can occur from January 1st to October 31st.
g) All conversion requests should be approved by Department Head and HR with
use of the established processes.
Requests are to be made a minimum of two weeks before use of the converted
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time. Exceptions resulting from extenuating circumstances may be approved by
the Appointing Authority, upon recommendation of the Department Head

B.

PROCEDURE

1.

Sick Leave Procedure
1. Notification Requirements
Employees must notify their immediate supervisor as soon as possible when requesting
sick leave for a scheduled medical appointment. For unscheduled absences, the employee
must notify the department head or designee of the absence and the reason no later than
one hour before the scheduled start time.
Certain departments may require earlier notice to ensure adequate coverage. This
notification must be repeated each day the employee is absent, unless otherwise directed
by the department head.
2. Submitting a Sick Leave Request
After notifying the supervisor, the employee must submit a sick leave request through the
City’s HRIS system for manager review and approval unless directed otherwise.
3. Medical Documentation Requirements
A Medical Practitioner’s Statement is required:
o When the absence exceeds three (3) consecutive workdays if requested by
department head, or
o When there is a pattern of frequent, excessive or questionable sick leave use.
The statement must include the nature and date of the illness or injury, and the
expected return-to-work date. All FMLA-related absences will be managed in
compliance with FMLA regulations.
o Requested medical statements should be turned into the HR Department to ensure
confidentiality of medical information.
4. Extended Medical Leave
If the employee cannot return to work by the date specified in the original medical
statement, an updated Medical Practitioner’s Statement must be submitted indicating the
new anticipated return date and continued inability to perform job duties to the HR
department and next appropriate related steps will be initiated as needed.
5. Department Review and Approval
The department head will review typical sick leave request (via HRIS or using other
request requirements). They will recommend approval or denial, document the decision.
6. Denial and Disciplinary Action
If a sick leave request is denied, the department head must notify the employee of the
reason. If the absence is not excused, the employee may be subject to disciplinary action
for being absent without approved leave.

RETIREMENT SICK LEAVE CONVERSION
A.

SECTION 5.02

POLICY
1.

Each employee of the City with ten (10) or more years of service shall, at the time
of his or her retirement, receive a payment for twenty-five percent (25) of unused
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EMPLOYEE BENEFITS
sick leave based on the employee's accrued but unused sick leave at retirement, up
to a maximum of 120 days, which is equal to 960 hours. Payments authorized by
this subsection shall be made from the appropriate fund. Prior to the employee’s
date of retirement, the employee shall not use accrued sick leave for purposes other
than stated in Section 5.01 nor be permitted to run down his/her sick leave balance
if not for a purpose as stated in Section 5.01.

B.

2.

As used in this policy, “retirement” shall mean disability or service retirement under
any state retirement system applicable to the employee. Payment shall be based on
the employee’s base rate of pay at the time of retirement.

3.

Payment under this policy shall be considered to eliminate all sick leave credit
accrued by the employee at the time of payment.

4.

Payment of accrued but unused sick leave will be made to the beneficiaries of a
deceased employee who would have qualified for the sick leave conversion benefits
as described herein, in compliance with O.R.C. Section 2113.04.

5.

Payment in Lieu of Leave: No cash payments to employees shall be made in lieu
of unused sick leave, except when an employee is permanently separated from
employment and in special circumstances when the Employer and/or the Council
determines that it would be in the best interest of the City. No such payment shall
be made to an employee dismissed for cause.

PROCEDURE
1.

Employees eligible to receive the retirement conversion payment hereunder shall,
upon retirement from active service under OPERS or OPFPF, see their department
head to complete the required request form.

2.

Payment to eligible employees shall be made based on the employee’s hourly rate
of pay at the time of retirement and the documented hours of unused sick leave
reflected in the records maintained by the City. Salaried employees shall be
compensated based upon an eight (8) hour workday and a work year of 2,080 hours.

VACATION
A.

SECTION 5.03

POLICY
1.

Full-time employees, after completion of one (1) full year six months of service as
a full-time employee, shall have earned eighty (80) forty (40) hours of vacation
with full pay, which will be credited to the employee on that date. Thereafter, fulltime employees shall earn and accrue vacation leave pro rata over twenty-six (26)
biweekly pays at the following annual rates:

Completed Years of Service
at 6 months

Credit Earned
per 80 Hours
Worked
3.1

Vacation Credit
Earned for Yearly
Hours
40

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1 Year thru less than 5Years
5 Years thru less than 10 Years
10 years to 15years
15 Years thru less than 20 Years
20+ Years

3.1
4.6
5.5
6.2
7.7

80
120
144
160
200

A full-time employee has earned and is entitled to be credited with forty (40) hours
of vacation leave upon the completion of eight (8), fifteen (15), or twenty-five (25)
years of service, in addition to the amount of vacation leave already accrued on a
biweekly basis during each of those years.
An employee that is not in active pay status for a portion of a biweekly pay period
shall earn a prorated amount of vacation leave for that period. Vacation credits are
not earned while an employee is in a non-paid status (i.e., disability leave, absence
without leave, disciplinary suspension, etc.) unless required by law.
Part-time employees and other non-fulltime employee statuses are not eligible for
vacation.
Employees may use time as accrued with appropriate request and approval
The City may grant additional paid time off (PTO) or enhanced accrual rates
beyond the standard schedule to attract and retain qualified personnel. The
following factors may be considered when determining eligibility for additional
adjusted accrual rates:
a.
b.
c.
d.
e.
f.

Relevant prior public sector or private sector experience
Length of service in a similar role or classification
Specialized certifications, licenses, or training
Recruitment challenges or market competitiveness
Internal equity among similarly situated employees
Other job-related factors deemed appropriate by the appointing authority

Approval by the appointing authority is required.
2.

Eligibility:
a.

Full-time employees shall be entitled to utilize vacation leave as it is
accrued consistent with the policies and procedures outlined herein

b.

In accordance with Ohio R.C. 9.44, full-time employees hired before July
5, 1987, shall have years of service including prior public service with other
political entities. Full-time employees hired after July 5, 1987, shall have
years of service including only the employee’s prior service with the City.
Notwithstanding the above, any person removed for conviction of a felony
“within the meaning of R.C. 124.34” who is subsequently re-employed by
the City is only qualified to accrue vacation as if the individual was a new
employee receiving no prior service credit.
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SECTION 5
3.

4.

EMPLOYEE BENEFITS
Scheduling and Approval:
a.

Vacation scheduling is subject to the approval of the department head and
the operational needs of the City. The department head shall determine the
number of employees that may be on vacation leave at the same time.

b.

Vacation leave will be taken in a minimum of one- hour increments unless
the department head/Appointing Authority approves a lesser number of
time in advance. Employees earning two (2) weeks or more of vacation
annually are recommended, but not required, to take vacation in a forty (40)
hour increment at least once each calendar year.

c.

Employees who resign or retire are entitled to compensation, at their current
rate of pay, for any earned but unused vacation leave at time of separation.
To be eligible, the employee must have given two (2) weeks’ notice.

d.

Request for vacation should be made in advance in normal circumstances a
minimum of 14 days prior. Department policy and procedures related to
request and approvals apply as each department has varying needs and
shifts. Department heads will notify employees of applicable policies and
procedures. Vacations will be granted typically on a first come first serve
basis and will take into consideration such items as employee's seniority,
operation and department needs.

Carryover and Payment for Unused Vacation Leave:
a.

Upon separation from the City an employee shall be entitled to
compensation at his current rate of pay for all lawfully accrued and unused
vacation leave to his credit at the time of separation up to the accrual for
three years. In the event of the death of an employee, the unused vacation
balance shall be paid to the employee’s estate.

b.

Employees are expected to use accrued vacation leave each year prior to the
employee’s next anniversary date. In special and meritorious cases, the
Employer may permit an employee to carry over earned vacation leave for
a period not to exceed three (3) years from the employee’s anniversary date.
An employee’s vacation time will stop accruing once they have
accumulated three (3) years' worth of credit.

c.

Employees shall forfeit their right to take or to be paid for any vacation
leave to their credit which is in excess of the accrual for three (3) years.
Such excess leave shall be eliminated from the employee's leave balance.

d.

New employees with less than One year of service with the City will not be
entitled to payment for any earned but unused vacation credit at the time of
separation from City service. New hires may accrue and be approved to use
time at higher accrual rates based on years of previous experience elsewhere
but payout not permitted unless Service with Norwood is a year of service
or more.
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SECTION 5
B.

EMPLOYEE BENEFITS

PROCEDURE
1.

Employees shall request vacation leave following the guidelines outlined in
subsection 4 above.

2.

The request for vacation shall be submitted to the department head in the HRIS
system who shall approve or disapprove the request based on its timeliness and the
operational requirements of the department

HOLIDAYS
A.

SECTION 5.04

POLICY
1.

Full-time employees shall be paid for the holiday hereinafter set forth, but shall not
be required to work on such holidays, unless, in the opinion of the employee’s
responsible administrative superior, failure to work on such holidays would impair
the public service. All employees who are required to work by their Supervisors
shall receive regular pay in addition to the holiday pay for the services rendered.

2.

Holidays: All eligible employees are entitled to the following holidays:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.

New Year’s Day (January 1)
Martin Luther King Day
President’s Day
Memorial Day (on day observed)
Independence Day (July 4)
Labor Day (first Monday in September)
Veterans’ Day (November 11)
Thanksgiving Day (fourth Thursday in November)
Day after Thanksgiving
Christmas Eve (December 24)
Christmas Day (December 25)
New Year’s Eve (December 31)

The Mayor may declare, on occasion, additional holidays. If any of such holidays fall on
a Saturday, the Friday immediately preceding shall be observed as the holiday. If any of
such holidays fall on a Sunday, the Monday immediately succeeding shall be observed as
the holiday
3.

Holiday Pay: Holiday pay shall be an employee’s regular hourly rate of pay times
the employee’s normal daily work hours up to eight (8) hours.

4.

Work on Holiday: Any eligible employee required to work on a day of holiday
observance shall be paid for all hours actually worked at one and one-half (1½)
times the employee’s applicable rate, plus holiday pay.

5.

Employees on Paid Leave: If a holiday occurs while an employee is on sick leave
or vacation leave, the holiday will not be charged against the employee’s sick,
injury or vacation leave balance.
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6.

EMPLOYEE BENEFITS
Part-time Employees: Whether or not a part-time, temporary, or seasonal employee
receives Holiday pay shall be determined on a position-by-position basis. Part-time
employees not receiving Holiday pay may flex their schedule around Holidays.

PERSONAL LEAVE
A.

SECTION 5.05

POLICY

Full-time non-bargaining employees of the City of Norwood are entitled to receive two (2) days
of personal leave each year. Personal leave days are to be taken in the year that they are earned
and are lost if not used.
An employee who joins the City of Norwood during any given year will be credited with a prorated
amount of personal leave during the initial year of employment in the following manner:
Month of Beginning Employment

Amount of Personal Leave

January 1 – April 30
May 1 – August 31
September 1 – December 31

Two (2) Days
One (1) Day
None

BEREAVEMENT LEAVE
A.

SECTION 5.06

POLICY
1.

The City of Norwood employees may have up to three (3) days paid leave to attend
the funeral of the employee's immediate family or accomplish matters related to
funeral and/ or bereavement. Additional days may be granted by the Appointing
Authority if deemed necessary. Days used for bereavement leave shall not be
charged against accrued sick leave.

2.

Immediate family, for purposes of bereavement leave, is defined as grandparents,
brother, sister, brother-in-law, sister-in-law, son, daughter, son-in-law, daughterin-law, father, mother, father-in-law, mother-in-law, spouse, grandchild, and legal
guardian.
In special circumstances, additions may be approved within the relative definition
by the Appointing Authority. This does not guarantee approval but consideration.
Additional documentation may be required.

B.

PROCEDURE
1.

Usage: Bereavement leave may be used to attend the funeral, make arrangements,
or attend to other matters directly related to the bereavement. Bereavement leave
shall not be charged against accrued sick leave. Bereavement leave shall not be
granted for any days following the funeral unless approved by the Appointing
Authority.
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2.

EMPLOYEE BENEFITS
An employee requesting bereavement/ funeral leave must submit in writing or
HRIS (if available) to their department head. which will then be approved or denied
by the Department Head as appropriate.

CIVIL LEAVE
A.

B.

SECTION 5.07

POLICY
1.

Eligibility: All City employees shall be entitled to paid leave when subpoenaed for
a court appearance or jury duty by the United States, the State of Ohio or any
political subdivision during regular working hours, unless such court appearance is
in connection with the employee’s personal business (e.g., traffic court, divorce
proceedings, etc.). This section shall not apply to employees who appear in court
as part of their employment, with such appearances compensated as hours worked.

2.

Return to Work: An employee released from court or jury duty prior to the end of
one-half (½) of the employee’s scheduled workday shall report for the remaining
hours of work.

PROCEDURE

Employees shall request the leave time as needed, and attach thereto a copy of the subpoena or
other evidence of appearance and submit to their supervisor as soon as possible after receipt of the
subpoena. Failure to comply with this notice requirement may result in non-payment of civil leave
pay.
MILITARY LEAVE
A.

SECTION 5.08

POLICY
1.

Military leave is a complex issue governed by both federal (The Uniformed
Services Employment and Reemployment Rights Act, or USERRA) and state law.
Employees should contact the Appointing Authority or designee regarding military
leave and reinstatement.
Permanent public employees receive paid leave in accordance with R.C. 5923.05,
as amended.

2.

B.

Request for Leave: Employees are required to submit to the Employer a copy of the
published orders authorizing the military duty or a written statement from the
appropriate military commander authorizing such duty.

PROCEDURE

Employees are required to submit to their department head a copy of their military orders and a
completed Request for Leave of Absence in writing the anticipated duration of the military leave.
These should be placed in the employee’s personnel file in the HR department.
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FAMILY AND MEDICAL LEAVE
A.

SECTION 5.09

POLICY
1.

It is the policy of the City of Norwood that employees may request time off for
family and/or medical leave of absence with job protection and no loss of
accumulated service provided the employee meets the conditions outlined in this
policy and returns to work in accordance with the Family and Medical Leave Act
of 1993 (FMLA). All processes and procedures related to FML will be managed by
the Human Resource Department.

2.

Definition: Family and Medical Leave (FML) is a leave of absence, taken for
specified medical reasons, during which the Employer shall maintain the
employee’s health insurance in the same manner as if the employee remained in
active pay status. During the leave, however, employees must continue to pay their
share of the premium.

3.

Eligible Employees: Employees who have been employed for a total of at least 12
months and who have completed at least 1,250 hours of actual service with the City
during the previous 12-month period will be eligible for FML.

4.

Employees Not Covered: The following employees are not entitled to FML: elected
officials; personal staff of elected officials; unclassified, policy-making appointees;
immediate legal advisors to elected officials; unclassified employees of City
Council; independent contractors; etc.

5.

Entitlement to Leave: Eligible employees will be entitled to a total of 12 workweeks
of FML during a rolling 12-month period measured backward from the date on
which an employee uses Family and Medical Leave. Employees may take the leave
for any of the following reasons:

6.

a.

Birth of a child of the employee and to care for a newborn child;

b.

Placement of a child with the employee by way of adoption or foster care;

c.

To care for the spouse, child, parent or one who stood in place of a parent
of the employee, if that person has a serious health condition; or

d.

Because of serious health conditions that make the employee unable to
perform any of the essential functions of the employee’s job, including a
workers’ compensation qualifying injury; or

e.

Because of any qualifying exigency arising out of the fact that the
employee’s spouse, son, daughter, or parent is a covered military member
on active duty (or has been notified of an impending call or order to active
duty) in support of a contingency operation.

An eligible employee may be permitted a total of 26 workweeks of unpaid leave
during the 12-month period measured forward from the first date the employee
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EMPLOYEE BENEFITS
uses Family and Medical Leave in order to care for a covered servicemember with
a serious injury or illness if the employee is the spouse, son, daughter, parent, or
next of kin of the servicemember. However, when Family and Medical Leave is
used for this reason and one (1) or more of the reasons listed in “3” above, the
eligible employee will be entitled to a maximum combined total of 26 workweeks
of leave.

7.

Use of Paid Leave: Employees are required to use all paid leave (i.e., accrued
vacation, holidays, compensatory time, personal leave, sick leave, etc.), prior to
entering non-paid status while on FML. PTO runs concurrently with FML. The
combined period of leave, including paid and unpaid leave, shall not exceed the
total of 12 or 26 workweeks during the leave year defined herein.

8.

Further Unpaid Leave of Absence: In the event of the continuation, reoccurrence
or onset of a serious health condition after the employee has exhausted the 12
workweeks of leave, the employee may request an unpaid leave of absence in
accordance with this manual.

9.

The Employer will require the employee to provide appropriate certification in
order to support a leave request because of a qualifying exigency or to care for a
covered servicemember with a serious injury or illness.

10.

Husband and Wife: In a case in which a husband and wife, both employed by the
City, request leave due to the birth or placement of a child (see A.4.), the total
number of workweeks of FML to which both employees are entitled shall be limited
to a combined total of 12 workweeks during any 12- month period.

11.

Intermittent/Reduced Leave Schedule: Leave due to the serious health condition of
the employee or the employee’s spouse, child, or parent, or to care for a covered
servicemember with a serious illness or injury, can be taken intermittently or on a
reduced leave schedule when medically necessary. In all other cases, it may only
be taken with permission of the Appointing Authority. The Appointing Authority
may require an employee taking leave in this manner for planned medical
treatments to transfer temporarily to an alternative position which has equivalent
pay and benefits and better accommodates the recurring periods of leave. Leave
due to a qualifying exigency may also be taken on an intermittent or reduced leave
schedule basis.
FML due to the birth or placement with the employee of a child shall not be taken
on an intermittent or reduced leave schedule which would reduce the usual number
of hours per workweek or per workday.

12.

Seniority: An employee granted FML will continue to accrue seniority during FML.

13.

Reinstatement: When an employee returns from FML, he/she will be restored to the
position held by the employee when the leave began or a similar position of
equivalent pay and benefits. Where the employee is returning from unpaid leave,
the Employer may require that the employee’s physician certify that the employee
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EMPLOYEE BENEFITS
is able to resume work as a condition of return to employment, when the leave is
due to the employee’s own serious health condition.

14.

Failure to Return:
a.

If the employee fails to return from the leave, the employee shall reimburse
the City for the total insurance premium paid by the City during any time
the employee was on an unpaid leave of absence, unless the failure to return
is due to:
(1)

Continuation, recurrence or onset of a serious health condition; or

(2)

Other circumstances beyond the employee’s control.

In such a case, the Employer may require medical certification. If an employee
fails to provide certification or an adequate excuse, the employee shall be liable for
the total insurance premium paid by the City.
b.

If an employee does not report to work or request and receive further
approved leave after the applicable FML expires, the employee will be
absent without leave and may be subject to disciplinary action.

15.
Records: The Employer or FML vendor shall maintain the following records for
three (3) years:
•
•
•
•
•
•
•
•

Employee wage records;
Dates of FML taken (including paid leave taken);
Hours of FML if intermittent or reduced leave is taken;
Copies of all notices given to employees;
Copies of all documents describing benefits, policies and practices affecting
FML;
Copies of employee requests for FML;
Records of the Employer’s and employee’s health insurance
payments;
Records of any disputes between the Employer and employee over
designation of FML.

Records of medical certification of employees or their family members shall be kept
confidential as they are “confidential medical records” under the law.
16.

Family and Medical Leave Definitions:
a.

Spouse: Refers to an individual to whom the employee is legally married
under the laws of any state, U.S. territory, or foreign jurisdiction that
recognizes the marriage. The term does not include individuals in domestic
partnerships, civil unions, or other relationships not recognized as legal
marriages under applicable law, unless otherwise specified by City policy
or applicable law. b. Parent: The biological parent or person standing in
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place of a parent to the employee when the employee was a child. “In-laws”
are not included.
c.

Child: A biological, adopted, foster, or step child; a legal ward; or a child
of an employee who is standing in loco parentis, who is under 18 years of
age or 18 years of age or older and incapable of self-care because of a mental
or physical disability.

d.

Serious Health Condition: An illness, injury, impairment, or physical or
mental condition which involves a period of incapacity or treatment that
requires absence from employment for more than three (3) calendar days
and involves care by a health care provider. “Serious health condition” also
includes continuing treatment of chronic or long-term incurable conditions
and prenatal care.

e.

Continuing Treatment: Continuing treatment by a health care provider
which includes at least one of the following:
(1)

a period of incapacity for more than three (3) consecutive days
which requires subsequent treatment relating to that condition on
two (2) or more occasions or on one (1) occasion which results in a
regimen of continuing treatment;

(2)

incapacity due to pregnancy;

(3)

a period of incapacity or treatment due to a chronic serious health
condition, which may be episodic but includes periodic visits to
health care provider and continues over an extended period of time;

(4)

any period of incapacity which is permanent or long term, due to a
condition for which treatment may not be effective;

(5)

any period of absence due to receiving multiple treatments, e.g.,
after surgery, accident or for a condition which, if left untreated,
would result in absence of three (3) consecutive days.

f.

Health Care Provider: Either: 1) a doctor of medicine or osteopathy who is
authorized to practice medicine or surgery by the state in which the doctor
practices; or 2) any other person determined by the Secretary of State to be
capable of providing health care services.

g.

Intermittent Leave: Leave taken in separate blocks of time due to a single
qualifying reason.

h.

Reduced Leave Schedule: Leave that reduces an employee’s usual number
of working hours per workweek or workday.

i.

Qualifying Exigency: A non-medical activity that is directly related to the
covered military member’s active duty or call to active-duty status. For an
activity to qualify as an exigency, it must fall within one (1) of seven (7)
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categories of activities or be mutually agreed to by the Employer and
employee. The seven (7) categories of qualifying exigencies are shortnotice deployment (leave permitted up to seven (7) days if the military
member receives seven (7) or less days’ notice of a call to active duty),
military events and related activities, certain temporary childcare
arrangements and school activities (but not ongoing childcare), financial
and legal arrangements, counseling by a non-medical counselor (such as a
member of the clergy), rest and recuperation (leave permitted up to five (5)
days when the military member is on temporary rest and recuperation
leave), and post-deployment military activities.

B.

j.

Next of Kin: Nearest blood relative.

k.

Covered Servicemember: A current member of the Regular Armed Forces,
National Guard, or Reserve, including those on the temporary disability
retired list (TDRL), but not including former members or members on the
permanent disability retired list. The servicemember must be receiving
medical treatment or oversight by a Department of Defense or Veterans
Affairs health care provider or by a Department of Defense TRICARE
network or non-network authorized private health care provider.

l.

Serious Injury or Illness: A condition that may render the servicemember
medically unfit to perform the duties of the member’s office, grade, rank,
or rating.

PROCEDURE
1.

General Notice: The Employer shall post written notice of employees’ rights and
ability to file for FML. The Employer shall also distribute the general notice to
employees through the Employee Handbook 2.
Eligibility
Notice:
The
Employer or vendor designee will provide an eligibility notice to any employee
who applies for FMLA leave informing the employee of whether the employee is
eligible for FMLA leave. If the employee is not eligible, the notice must state at
least one (1) reason why the employee is not eligible. The eligibility notice must
be provided within five (5) business days after the first time in each of the
Employer’s FMLA leave year that an employee requests FMLA leave for a
particular qualifying reason. During that same FMLA leave year, a new notice is
required only if the employee’s eligibility status changes.

3.

Rights and Responsibilities Notice: The Employer will provide a rights and
responsibilities notice each time an eligibility notice is required. This notice
includes numerous pieces of information, including the Employer’s designated 12month FMLA leave year, whether a certification and other documentation will be
required, whether the Employer will require the use of paid time off benefits while
the employee is on leave, and a number of other rights and responsibilities of the
employee.

4.

Designation Notice: Once the Employer has determined that a leave is FMLAqualifying, the Employer will provide written notice to an employee who has
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requested FMLA leave either designating the leave as FMLA-qualifying or
notifying the employee that the leave does not qualify as FMLA leave. The notice
must be provided within five (5) business days after the Employer determines
whether the leave is FMLA-qualifying. If the leave qualifies, the notice must
specify the amount of leave that will be counted as FMLA leave if known, and if
not known at that time, a designation notice must be provided upon the employee’s
request but no more often than every 30 days (if leave was taken during the prior
30 days). The notice must also state whether a fitness-for-duty certification will be
required.

5.

Employee’s Notice Responsibility: Eligible employees requiring FML shall notify
the Employer not less than 30 days prior to the date such leave is to begin by
completing the written application for FML.
However, where the need for leave is not foreseeable 30 days in advance, the
employee shall complete the Request for Family and Medical Leave Form and
provide as much advance notice as practicable. Leave forms shall be submitted to
the employee’s immediate supervisor who shall forward them to the Appointing
Authority.
Absent unusual circumstances, employees must comply with the Employer’s usual
and customary notice and procedural requirements for requesting leave. If an
employee fails to comply with the Employer’s usual notice and procedures, absent
unusual circumstances, the Employer may delay or deny FMLA-protected leave.
The 30 day advanced notice requirement for foreseeable leave does not apply to
qualifying exigency leave when a covered family member is called to active duty
in the Armed Forces.

6.

Initial Certification:
a.

Employees who request Family and Medical Leave must provide the
Employer with certification of the condition from the health care provider
in cases involving serious health conditions and attach the certification to
the application for leave.

b.

Upon receipt of the certification, the Employer may, at its expense, require
the employee to obtain a second opinion from a health care provider
selected by the City.

c.

If the second opinion differs from the first, the Employer may, at its
expense, require the employee to submit to a third examination by a health
care provider jointly selected by the City and the employee. This third
opinion shall be final and binding.

d.

If an employee submits a complete and sufficient certification signed by the
health care provider, the Employer may not request additional information
from the health care provider. However, the Employer may contact the
health care provider for purposes of clarification and authentication of the
medical certification after the Employer has given the employee an
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opportunity to cure any deficiencies. To make such contact, the Employer
must use a health care provider, a human resources professional, a leave
administrator, or a management official. Under no circumstances, however,
may the employee’s direct supervisor contact the employee’s health care
provider. The Employer may not ask health care providers for additional
information beyond that required by the certification form.
e.

7.

Failure or refusal of the employee to submit to or cooperate in obtaining
either the second or third opinions, if requested, shall result in the denial of
the FMLA leave request.

Subsequent Certification:
a.

The Employer may request recertification no more often than every 30 days
and only in connection with an absence by the employee, unless paragraph
b or c below apply.

b.

If the minimum duration of the incapacity specified on a certification is
more than 30 days, the Employer may not request recertification before the
minimum duration of the specified leave expires unless one of the
conditions of paragraph c is met. In all cases, the Employer may request a
recertification of a medical condition every six (6) months in connection
with an absence by the employee.

c.

The Employer may request recertification in less than 30 days if:

d.

(1)

the employee requests an extension of leave;

(2)

circumstances described by the previous certification have changed
significantly (i.e., duration or nature of the illness, complications,
etc.); or

(3)

the Employer receives information that casts doubt upon the
employee’s stated reason for the absence or the continuing validity
of the certification.

If one (1) of the conditions of paragraph c occurs, the Employer may
immediately request recertification.

8.

Certification Deadline: The employee shall provide the requested recertification at
the employee’s expense within 15 calendar days unless this time limit is not
practicable. Certifications not provided within this time limit without adequate
excuse may invalidate the FMLA leave.

9.

Employee’s Failure to Pay Insurance Premium: Upon commencement of FML, the
Employer shall continue the employee’s health insurance as if the employee was
not on leave. However, the Employer’s obligation shall cease if the employee is
more than 30 days late in tendering his/her share of the premium, unless COBRA
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has been elected. In such a case, the Employer shall provide the employee written
notice 15 days prior to ceasing the premium payment by mail.

10.

The employer may use a third-party administrator to assist in the FML process and
paperwork.

LEAVE OF ABSENCE WITHOUT PAY
A.

SECTION 5.10

POLICY
1.

Eligibility: All employees who have completed their probationary period may
request a leave of absence from employment without pay. Approval of such request
is solely at the discretion of the Appointing Authority and each request will be
determined on its own merits. A leave of absence without pay shall not exceed one
(1) year [three hundred sixty-five (365) consecutive days].
Absence without proper authorization or approval shall be considered sufficient
cause for suspension or dismissal.

B.

2.

Return from Leave: Upon returning from an approved leave of absence, the
employee shall be placed in the employee’s original position, or another position in
the same classification should the employee’s original position be unavailable.
Should no similar position be available, the employee will be laid off.

3.

Failure to Return or Properly Use Leave: Failure to return to work within three (3)
working days after the scheduled end of an authorized leave of absence without
acceptable justification will be deemed a voluntary resignation effective as of the
scheduled expiration of the authorized leave. Failure to use a leave of absence for
the reasons stated in the request for leave may result in cancellation of the leave.

4.

Effect on Employment: Sick leave, vacation leave, holiday pay and seniority credit
are not earned by employees while on an authorized leave of absence without pay,
except that a leave of absence without pay related to military service shall not be
considered a break in service for seniority purposes.

PROCEDURE
1.

All requests for leaves of absence without pay shall be submitted to the Appointing
Authority in HRIS, indicating the specific reason for the requested leave and with
all requested or supporting documentation attached.

2.

All leaves of absence of classified employees must be reported to the Civil Service
Commission.

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ADMINISTRATIVE LEAVE
A.

SECTION 5.11

POLICY

The Appointing Authority may place an employee on administrative leave with pay in
circumstances where the health or safety of an employee or of any person or property entrusted to
the employee’s care could be adversely affected. The Appointing Authority may place an
employee on unpaid administrative leave pursuant to ORC 124.388.
B.

PROCEDURE

The Employer will provide the employee with notification when they are being placed on
administrative leave. Compensation for administrative leave with pay shall be equal to the
employee’s base rate of pay.

DISABILITY LEAVE / SEPARATION
A.

SECTION 5.12

This section outlines the conditions under which a disability leave or disability separation
may be granted to classified employees, and procedures for administering their use. It is
intended to outline the procedures to be followed after determining that no reasonable
accommodation can be made which would allow the employee to perform the essential
functions of the employee’s position or other available vacant position for which the
employee is qualified.
1.

Voluntary Reduction: When an employee becomes physically unable to perform
the essential functions of the employee’s position even with a reasonable
accommodation, but is still able to perform the duties of a vacant lower level
position, the employee may voluntarily request reduction to the lower level
position. Such request shall be in writing, addressed to the department head, EEO
Coordinator, or Appointing Authority, shall state the reason for the request and, if
approved by the Appointing Authority, will be attached to the implementing
personnel action.

2.

Disability Leave: A physically incapacitated employee, who has exhausted Family
and Medical Leave, and for whom voluntary reduction or reasonable
accommodation is not practicable, may request up to one (1) year of disability leave
without pay in increments of 30 days, only if the employee can present evidence as
to the probable date on which the employee will be able to return to the same or
similar position within the one (1) year period. Such request shall be submitted in
writing to the department head with a copy of a physician’s statement attached. The
Appointing Authority shall approve or disapprove the request in his or her
discretion. An employee requesting or receiving approval for a disability leave of
absence due to a disabling illness, injury or condition is subject to the provisions of
the Leave of Absence without Pay Section of this manual.
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3.

4.

EMPLOYEE BENEFITS
Involuntary Disability Separation or Termination for Failure to Report for Work:
Involuntary disability separation is effective in the following cases:
a.

If an employee becomes unable to perform the essential job duties of the
employee’s position, subject to the Americans with Disabilities Act, and if
the employee has exhausted Family and Medical Leave the Appointing
Authority may involuntarily disability separate the employee.

b.

If an employee on disability leave is unable to return to work when the
employee’s disability leave is exhausted, then the Appointing Authority
shall involuntarily disability separate the employee if the employee
cooperates under this procedure, or remove the employee for being absentwithout-leave if the employee does not cooperate. (Please note that
disability leave is only granted after Family Medical Leave is exhausted.
See 2 above.) The Appointing Authority shall do so by completing an order
of removal indicating the reasons as “incompetency, neglect of duty and
nonfeasance” with an adequate explanation to make clear the underlying
reasons are the employee’s failure to report for work able to perform the
essential functions of the employee’s position. However, if the employee
refuses to submit to an examination or to provide proof of disability,
grounds for terminating employment shall be neglect of duty, nonfeasance,
and failure of good behavior for failure to report for work without approved
leave.

Medical Examination: Medical examinations are either required or permitted in
relation to involuntary disability separation as follows:
When required:
a.

When requested by an Appointing Authority, a medical or psychological
examination conducted by a licensed practitioner selected by the
Appointing Authority, substantiating the disabling illness, injury, or
condition, shall be required prior to involuntarily separating the employee
unless the employee is hospitalized at the time the employee is involuntarily
separated. The Appointing Authority shall bear the cost of the examination.
Both the Appointing Authority and the employee shall receive the results of
that examination and related documents, subject to division (C)(1) of R.C.
1347.08.

When permitted:
b.

An Appointing Authority may require an employee to submit to a medical
or psychological examination in order to determine the employee’s
capability to perform the essential job duties of the employee’s position with
or without a reasonable accommodation. Such examination shall be
conducted by a licensed practitioner as determined by the Appointing
Authority. Prior to examination, the Appointing Authority must supply the
examining practitioner with facts relating to the perceived disabling illness,
injury, or condition and must supply additional information including
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physical and mental requirements of the employee’s position, duty
statements and position description. The cost of the examination shall be
paid by the City. Both the Appointing Authority and the employee shall
receive the results of the examination and related documents subject to
division (C)(1) of R.C. 1347.08.
Failure to Appear for Examination or Refusal to Submit:
c.

5.

The refusal to submit to the examination, the unexcused failure to appear
for an examination or the refusal to release the results of an examination
will subject the employee to removal, as explained in subsection (3)(b)
above.

Right to Pre-separation Conference Rights of Appeal:
a.

The Appointing Authority shall institute pre-separation proceedings when
the results of a medical or psychological examination conducted as provided
by subsection 4 have been received and the Appointing Authority initially
determines an employee is incapable of performing the essential job duties
of the employee’s assigned position with or without a reasonable
accommodation, and initially determines the employee is not eligible to
receive benefits under a program provided by the Appointing Authority.
Under such proceedings, a conference shall be scheduled and advanced
written notice shall be provided to the employee. If the employee does not
waive the right to the conference, then at the conference the employee has
a right to examine the Appointing Authority’s evidence of disability, to
rebut such evidence and to present testimony and evidence on the
employee’s own behalf.

b.

If the Appointing Authority determines, after weighing the testimony
presented and evidence admitted at the pre-separation conference, that the
employee is capable of performing the essential job duties, then the preseparation conference shall cease and the employee shall be considered to
be fit to perform the essential job duties of the employee’s position. If the
Appointing Authority determines, after weighing the testimony presented
and the evidence admitted at the pre-separation conference, that the
employee is unable to perform the essential job duties, then the Appointing
Authority shall issue to the employee an order of involuntary disability
separation, as described in subsection (3)(b) above.

c.

A classified employee so separated shall have the right to appeal in writing
to the Civil Service Commission within ten (10) days following the
Appointing Authority’s service upon the employee of the order of
involuntarily disability separation.

d.

The Appointing Authority shall notify the employee, at the time of the
involuntary disability separation, of the required procedures to apply for
reinstatement.
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6.

EMPLOYEE BENEFITS
Right to Reinstatement Rights of Appeal:
a.

An employee may make a written request to the Appointing Authority for
reinstatement from an involuntary disability separation. The request shall
be accompanied by substantial, credible medical evidence that the employee
is once again capable of performing the essential functions of the
employee’s job. Such requests shall be made not more than once every
three (3) months and not later than two (2) years following the beginning of
the disability separation, or a leave of absence followed by a disability
separation.

b.

When an involuntarily separated employee presents to the Appointing
Authority substantial, credible medical evidence as provided by (6)(a)
above, showing the employee is once again capable of performing the
essential job duties of the employee’s assigned position with or without a
reasonable accommodation, the Appointing Authority shall either reinstate
the employee or require the employee to submit to a medical or
psychological examination conducted as provided by subsection (4) (b)
above.

c.

The Appointing Authority shall reinstate the employee after receiving the
results of the examination if the Appointing Authority determines the
employee is once again capable of performing the essential duties of the
employee’s assigned position with or without a reasonable accommodation.

d.

The Appointing Authority shall institute pre-reinstatement proceedings if
the Appointing Authority has received the results of the examination and
initially determines the employee remains incapable of performing the
essential job duties of the employee’s assigned position with or without a
reasonable accommodation. Under these proceedings, a hearing shall be
scheduled and adequate advanced written notice shall be provided to the
employee. If the employee does not waive the right to the hearing, then at
the hearing the employee has a right to examine the Appointing Authority’s
evidence of continuing disability, to rebut such evidence and to present
testimony and evidence on the employee’s own behalf.

e.

If the Appointing Authority determines, after weighing the testimony
presented and evidence admitted at the pre-reinstatement hearing, that the
employee is once again able to perform the essential job duties of the
employee’s assigned position with or without a reasonable accommodation,
then the Appointing Authority shall reinstate the employee. If the
Appointing Authority determines, after weighing the testimony presented
and evidence admitted at the pre-reinstatement hearing, that the employee
is not able to perform the essential duties of the employee’s assigned
position with or without a reasonable accommodation, then the Appointing
Authority shall not reinstate the employee.

f.

If the Appointing Authority determines an employee, who has been
involuntarily separated, has committed an act which is inconsistent with the
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employee’s disability, illness or injury, then that act may be considered by
the Appointing Authority when determining an employee’s eligibility for
reinstatement.
g.

Once an Appointing Authority properly determines an employee is to be
reinstated, the employee has a right to be assigned to a position in the
classification the employee held at the time of involuntary disability
separation. If the classification the employee held at the time of involuntary
disability separation no longer exists or no longer is utilized by the
Appointing Authority, then the employee shall be placed in a similar
classification. If no similar classification exists, the employee may be laid
off in accordance with the layoff procedures outlined elsewhere within this
manual and may exercise any displacement rights which may exist under
such procedures.

h.

If the employee has been granted disability benefits by a state retirement
system, the requirements for reinstatement shall apply for up to five (5)
years, except a licensed practitioner shall be appointed by the Public
Employees Retirement Board and application for reinstatement shall not be
filed after the date of service eligibility retirement.

i.

An employee refused reinstatement as provided in subsection (6)(e) shall
be notified in writing of the refusal to reinstate and of the right to appeal in
writing to the Civil Service Commission within ten (10) days of receiving
notice of the refusal to reinstate.

j.

An employee who fails to apply for reinstatement within two (2) years
following an involuntary disability separation, or a leave of absence
followed by an involuntary disability separation, shall be deemed
permanently separated from service except as otherwise provided in
subsection (6)(h) above.

GROUP HEALTH INSURANCE
A.

SECTION 5.13

POLICY
1.

Eligibility: All full-time employees in active pay status may be eligible to
participate in the Employer’s health insurance program. Said medical and
hospitalization insurance premium shall be paid for by both the City and the
employee at rates to be determined by the City.

2.

Election: Employees may elect coverage under the insurance plan at initial
appointment, or apply for coverage at a later date by showing evidence of a
qualifying event as defined by the insurance plan.

3.

Coverage: Eligible employees approved for coverage by the insurance carrier at
initial appointment shall become covered on the first day of employment
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EMPLOYEE BENEFITS

4.

Paid Leave: The Employer will continue to pay its share of the health insurance
premium for employees on all paid leaves of absence for so long as the employee
is in active pay status as defined in the Definitions Section of this manual.

5.

Unpaid Leave of Absence: For employees who apply for and are granted an unpaid
leave of absence, the Employer will continue to pay the Employer’s health
insurance premium for the term of the unpaid leave of absence, up to ninety (90)
days. After ninety (90) days, the employee becomes and remains responsible for
all premiums while on approved unpaid leave of absence. After the approved leave
of absence concludes and if the employee does not return to active pay status, the
employee shall no longer be eligible for coverage hereunder, but shall become
eligible for continued group health insurance coverage at the employee’s sole
expense as provided in this manual (Section 5.14). FML may alter this ability for
coverage when in unpaid FML status.

PROCEDURE
1.

Employees desiring insurance coverage shall complete an application at
commencement of employment within thirty days of his/her appointment. The
effective date of coverage is the first day of employment. Employees declining
coverage shall sign a waiver of coverage at commencement of employment.

2.

The department head or designee shall immediately inform the HR Department as
required by appropriate / requested processes when an employee is:
a.

separated from service;

b.

off work on workers’ compensation; or

c.

on any other unpaid leave of absence.

CONTINUED GROUP HEALTH INSURANCE COVERAGE
A.

SECTION 5.14

POLICY
1.

Employees who separate from service and/or their spouses and children may be
eligible for continuation of health insurance coverage (COBRA) for 18 or 36
months upon the happening of certain events, at their own expense, as described
herein. The same health insurance coverage shall continue for eligible
employees/individuals under this policy as is provided to other employees who
maintain employment with the Employer.

2.

Employees, spouses, and dependent children who are covered under the
Employer’s health insurance plan shall be offered the opportunity to continue health
insurance coverage according to the following schedule:
a.

An employee who is terminated or discharged for misconduct (other than
by discharge for gross misconduct) shall be eligible to purchase health
insurance coverage for up to 18 months following the termination.
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b.

An employee whose total hours worked are reduced, which reduction
causes the employee to be ineligible for continued health insurance
coverage, shall be eligible to purchase health insurance coverage for up to
18 months following such reduction.

c.

If a second qualifying event, as defined by the insurance plan, occurs during
this 18-month period, coverage may be extended for an additional 18
months.

d.

If any beneficiary becomes disabled under the Social Security Act and
provides timely notice of that status to the Employer, coverage may be
extended for up to 29 months.

e.

The spouse and dependent children of an employee shall be eligible to
purchase health insurance coverage for up to 36 months when the employee:

f.

B.

(1)

Dies;

(2)

Would otherwise lose coverage due to termination and/or reduction
as described in the above paragraphs; or

(3)

Becomes entitled to Medicare coverage.

The spouse and/or dependent children shall be eligible to purchase health
insurance coverage for up to 36 months when:
(1)

The spouse and dependent children would lose eligibility for
continued coverage due to a divorce or legal separation; or

(2)

The dependent child would otherwise lose coverage by ceasing to
satisfy the plan’s coverage requirements applicable to dependent
children.

PROCEDURE
1.

Full-time employees, spouses, and dependent children shall be notified of the
provisions of any health insurance policy as follows:
a.

Employees shall be notified of this policy at the time they begin coverage
under the Employer’s health insurance plan or in the event they are either
terminated or reduced.

b.

Spouses shall be notified of this policy at the time family or spouse coverage
begins under the Employer’s health insurance plan or in the event the
employee is either terminated or reduced.

c.

Service of Notification on the employee’s spouse shall be deemed notice to
dependent children.

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2.

Each employee shall be responsible for notifying the Employer of any action which
might trigger a spouse’s or dependent child’s eligibility for continuation of
insurance coverage under this policy. Such notice shall be given by the employee
to the Employer immediately upon gaining knowledge of the event and shall
include divorce, legal separation, or loss of dependent eligibility under the
Employer’s health plan.

3.

The Employer or designee shall notify the individual(s) who are eligible for
continued health insurance plan coverage of their rights and obligations under this
policy, within 14 days after the occurrence of a triggering event. The notice shall
contain a final date by which the employee, spouse or dependent child must respond
to the notice.

4.

The eligible employee/individual shall notify the Employer of their decision to
continue or not continue coverage within 60 days of the triggering event.

5.

As used in this policy, termination shall include any separation from employment,
except those instances where an employee has been separated for acts of gross
misconduct, but including layoff, resignation, voluntary/involuntary leave without
pay, discharge, and any other termination which results in the employee’s
ineligibility for continued health insurance benefits. Employees who are separated
in accordance with civil service law for gross misconduct are not eligible for
continuation of health insurance plan coverage.

6.

An employee, spouse or dependent child who elects continued health insurance
coverage shall only be eligible until the earliest date that any of the following occur:
a.

Coverage expires either 18 or 36 months after the triggering event;

b.

The group health care plan is terminated by the Employer;

c.

The individual fails to timely pay the required premium;

d.

The employee becomes covered under another group health care plan; or

e.

The individual becomes eligible for Medicare benefits.

OTHER INSURANCES
A.

SECTION 5.15

POLICY

The Employer may provide vision care, dental care, life insurance, and liability insurance at the
Employer’s and/or employee’s expense and may offer other insurance benefit programs at the
Employer’s and/or employee’s expense. Employees should see Human Resources Department for
an explanation of currently available insurance benefits and programs.
The City may offer payroll deductions for several optional insurance coverages. Employees should
see Human Resources Department their department head for an explanation of currently available
insurance benefits and programs.
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SECTION 5
B.

EMPLOYEE BENEFITS

PROCEDURE
1.

A full-time employee must enroll with group health insurance within thirty (30)
days of his/her appointment. The effective date of coverage is day one of their
starting date, once enrollment is processed.

2.

If an employee is interested in any optional insurance policy, he/she may contact
Human Resources for additional enrollment information or the appropriate
insurance company/agent as applicable and not managed through HR.

INJURY ON DUTY
A.

B.

SECTION 5.16

POLICY
1.

State law provides that all employees are covered by Workers’ Compensation for
injuries that arise out of or in the course of employment. The Employer contributes
to the Workers’ Compensation Insurance Fund an amount determined by the Fund,
based on the Employer’s experience rate.

2.

All injuries which arise out of or in the course of employment shall be reported and
compensated for under this Workers’ Compensation section and not under the
Employer’s health insurance plan.

PROCEDURE
1.

Injury Reports: When an employee is injured during the course of employment, the
employee’s supervisor shall provide the employee with an Injury/Accident Report
Form. The form shall be completed regardless of the apparent seriousness of the
injury and whether or not medical attention is required. The form shall be
completed by the employee and forwarded to the employee’s supervisor within 24
hours of the injury. For fire department personnel, the form shall be completed by
employee and forwarded to the employee’s supervisor within 72 hours of the injury.
The supervisor or department head shall investigate the accident, review and
complete the form and forward same to Human Resources

2.

Application for Payment of Medical Benefits Only: When an employee’s injury
requires any type of medical attention, the supervisor shall, in addition to the
Injury/Accident Report described above, provide the injured employee with a First
Report of an Injury, Occupational Disease, or Death (from BWC) and other
paperwork needed for completion from the BWC folder. These forms shall be
prepared and signed by the employee and given to the employee’s supervisor, who
shall forward same to Human Resources.

3.

Application for Payment of Compensation and Medical Benefits: When, in addition
to medical attention, an employee’s injury results in an employee’s absence from
work for seven (7) days or more, the employee may complete a First Report of an
Injury, Occupational Disease, or Death, if such employee desires compensation for
lost wages. This form shall be given to the employee’s supervisor, who shall
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forward same to the department’s payroll officer for completion. This form shall
then be forwarded to the Auditor for completion.

4.

Serious Injury: In the event of a serious injury, the injured employee’s supervisor
shall notify the department head immediately so that an investigation can be
initiated.

5.

Return to Work: The Employer must be advised and continually updated if an
employee continues to be absent due to a work-related injury. Employees are
responsible for providing to their Employer their expected date of return (if known).
The department head is responsible for immediately notifying, in writing, to Human
Resources when an employee is able to return to work. Dependent on position and
injury, a return to work physical may be required. In these cases, the HR department
will work with employee and supervisor to arrange.

6.

Documentation: Any documents received from the injured employee, the
employee’s physician, the hospital or the State regarding Workers’ Compensation
claims must be immediately forwarded to Human Resources.

7.

Wages on Injury Date: Employees who are injured during the course of
employment and who must leave work before completing their work period shall
be paid at their regular rate for the balance of time left in their scheduled workday.

8.

Simultaneous Payments: Employees are prohibited from receiving payment for sick
leave while simultaneously receiving payment from Workers’ Compensation.

9.

Accommodation of Disabled Employee: When confronted with an employee
claiming a disability under the Workers’ Compensation system, who is disabled as
defined in the ADA, the Employer will consider making a reasonable
accommodation that would allow the employee to continue performing the essential
functions of the employee’s position. When submitting information to the Bureau
of Workers’ Compensation or the Industrial Commission, the Employer will
include:
a.

copies of the employee’s classification specification and essential functions
list;

b.

related medical records; and

c.

any offer of reasonable accommodation.

The Employer will provide the same information to any examining physician or
other appropriate, licensed practitioner.
10.

Post-accident Testing: The results of a post-accident drug/alcohol test, or the
employee’s refusal to submit to such test, could affect an employee’s eligibility to
receive Workers’ Compensation benefits. An employee who refuses to submit to a
drug/alcohol test is “rebuttably presumed” to have been intoxicated or under the
influence of a controlled substance not prescribed by the employee’s physician.
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Once such a presumption is established, the employee must then prove that the
presence of such drugs or alcohol was not the proximate cause of the workplace
injury.
In order for the results of a post-accident drug/alcohol test to be considered by the
Bureau of Workers’ Compensation, the test that is employed must be a “qualifying
test.” A test is “qualifying” if it is administered under one of three (3)
circumstances:
a.

Where the Employer had “reasonable cause” to suspect that the employee
may be intoxicated or under the influence of a controlled substance not
prescribed by the employee’s physician; or

b.

Where the examination is conducted at the request of a police officer
following an arrest, traffic stop, or auto accident; or

c.

Where the examination is ordered by a licensed physician, healthcare
provider or clinician who is not employed by the Employer and is not at the
Employer’s request.

The determination of reasonable cause, as addressed in paragraph a. above, and the
procedure for having an employee tested upon reasonable suspicion are addressed
in Section 7.06 of this Manual, Alcohol and Drug Abuse.
WAGE CONTINUATION POLICY

SECTION 5.17

A.

Any employee who suffers a compensable industrial injury or illness can, subject to this
section, receive regular wages instead of Workers' Compensation lost-time benefits.
Payment for related medical benefits is the responsibility of the Employer's Managed Care
Organization (MCO).

B.

Qualifications.
1.

The injury or illness must be determined to be compensable by the Employer, or in
the case of dispute, the Ohio Industrial Commission. In no event will compensation
commence before all initial paperwork is completed and filed with the appropriate
agency(ies).

2.

Competent medical proof of disability must be provided via Form C-84 or
Physician's Update and Physical Capabilities form. The attending physician must
complete the form in its entirety and affix his or her original signature to the form.
Copies are unacceptable.

3.

The employee must complete a FROI-1 First Report Injury application and sign a
wage agreement, medical release, and an election form.

4.

The Employer reserves the right to have the employee examined by a physician of
its choice at the Employer's cost to confirm the medical diagnosis and/or the period
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of disability. Failure to submit to examination will result in termination of wage
continuation benefits.

5.

C.

Wage continuation benefits will be paid only for those periods of lost time that
otherwise would qualify the employee for receipt of workers' compensation lost
time benefits, subject to the following limitations.

Termination Conditions. Wage continuation payments will cease upon any of the following
conditions:
1.

Attending physician releases employee to return to work.

2.

Employee returns to work for another Employer.

3.

Employee fails to return to a transitional “limited duty” assignment consistent with
his or her medical restrictions as approved by the injured workers' treating
physician.

4.

Employee fails to appear for Employer-sponsored medical examination.

5.

Employee has reached maximum medical recovery and/or the condition has
become permanent.

6.

The claim is found to be fraudulent after payment has been commenced.

7.

The injured worker attempts to collect both wage continuation and temporary total
compensation.

8.

Employment termination.

9.

Violation of any Employer policy or guideline.

10.

Regardless of the above conditions of termination, the Employer may, at its sole
discretion, terminate wage continuation benefits at any time if disability exceeds
ninety days.

11.

The wage continuation plan and all benefits can be terminated at the Employer's
discretion at any time.

TRANSITIONAL WORK/MODIFIED DUTY
A.

SECTION 5.18

POLICY
1.

This policy is limited in its application to injuries and/or illnesses suffered during
the course of employment. The purpose of transitional work is to provide such
injured employees, who cannot effectively perform the essential functions of
his/her position due to a work related illness/injury, the opportunity to continue
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working for a limited duration, with transitional work, (i.e., modified duty) during
such period of temporary partial disability.

B.

2.

The temporary assignment to transitional work is made at the discretion of the
Employer. The Employer may require the employee to provide medical
certification from a licensed practitioner, as to the nature and extent of the
employee’s injury/illness and the probable length of time the employee needs to be
assigned to transitional work.

3.

During the transitional work period the employee shall continue to be paid his/her
regular rate of compensation and accrue all benefits, in the same manner as before.
Placement into transitional work does not constitute a break in continuous service,
nor does it affect the employee’s status, as defined in Section 3.03 of this manual.
The employee’s job duties are temporarily modified as a result of the employee
returning to work with medical restrictions.

4.

The period of transitional work shall not exceed 30 days without advance approval
by the Appointing Authority. An employee may be granted one (1) additional
period of transitional work, upon special and meritorious circumstances.

PROCEDURE
1.

When an employee has been injured during the course of employment, rendering
the employee unable to perform the essential functions of the position, that
employee will be evaluated for a transitional work assignment. This should, if
possible, be done within 24 hours of the worker’s injury or physician’s visit. Only
after authorization from the employee’s department head has been received, may
the employee begin to perform transitional work (i.e., modified duty). A
transitional work period is a temporary assignment of limited duration, not to
exceed 30 days. The employee shall be offered an appropriate transitional work
assignment within his/her department first. If no such modified job within the
department exists, then within the City if such modified assignment exists.

2.

The cognizant physician or medical provider makes the ultimate decision to
determine an employee’s capability to return to work after any work-related
accident, injury, or illness. The physician makes the decision as to whether the
employee’s capability to return to work fits within the scope of transitional work as
defined in this policy.
The physician or medical provider will evaluate the modified job duties to ensure
that the employee will not be required to perform duties that would further
aggravate their condition.

3.

The result must be the performance of meaningful work that includes productive
output during the time of strengthening and healing.

4.

If after 30 days of performing transitional work, the employee is still unable to
perform the essential functions of his/her assigned position, and special and
meritorious circumstances are shown to exist, the employee may request only one
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(1) additional 30-day period of transitional work. This should be done in
accordance with the same procedure as discussed in paragraph B1 above.

5.

A Transitional Work Evaluation Form is for use by physicians and medical
providers and establishes the employee’s eligibility for a transitional work
assignment. The HR office will supply this form as needed.

RETIREMENT
A.

SECTION 5.19

POLICY
1.

Non-uniformed Personnel: All employees (except uniformed personnel, elected
officials and certain seasonal employees) are required by law to participate in the
Ohio Public Employees Retirement System (OPERS). Both the employee and the
Employer are required to contribute to OPERS, in amounts set by state law. The
employee’s contribution is paid by payroll deduction. The Employer elects to
“pick-up” the employee’s share per City Ordinance 26-1986.

2.

Uniformed Personnel: All full-time police officers and firefighters are required by
law to participate in the Ohio Police and Fire Pension Fund. The employee’s
contribution is paid by payroll deduction per City Ordinance 29-1986.

3.

Notice: All employees are required to notify their department head and copy the
HR Department of their anticipated retirement in writing at least 30 days prior to
the effective date of their retirement, or earlier according to their respective
retirement plans as amended.

4.

Questions regarding these plans should be directed to:
Ohio Public Employees Retirement System
277 E. Town Street
Columbus, Ohio 43215
1-800-222-PERS (7377)
www.opers.org
Ohio Police and Fire Pension Fund
140 E. Town Street
Columbus, Ohio 43215
(614) 228-2973
www.op-f.org

5.

B.

Deferred Compensation: The City Auditor is hereby empowered to take all
necessary steps to establish and adopt a deferred compensation program for all
eligible City employees.

PROCEDURE
Employees shall submit a signed, dated letter to their department head stating their
intention to retire and the effective date of their retirement at least 30 days in advance. The
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department head shall forward a copy of this letter immediately to the Safety Service
Director and Auditor to allow benefits and separation payments to be determined.
LEAVE DONATION PROGRAM

SECTION 5.20

The City of Norwood has established an employee leave donation program. The intent of the
employee leave donation program is to allow employees to voluntarily provide assistance to their
co-workers who are in critical need of leave due to the serious illness of the employee.
Critical need will be determined by the SSD, the employee’s supervisor/Department Head, and a
representative from human resources on a case-by-case basis. The employee leave donation
program shall not be used for the care of a new born or adopted children. This policy does not
discriminate against women whose disability is based upon pregnancy or childbirth.
A. An employee may receive donated leave, either vacation or sick leave, up to the number of
hours the employee is scheduled to work each pay period, for example full-time employees may
receive up to forty hours per week. An employee may receive donated leave if the employee:
1. Has a serious illness or injury;
2. Has no accrued leave;
3. Has applied for any paid leave, workers compensation, or benefits programs for which the
employee is eligible. An employee who has applied for programs may use donated leave to
satisfy the waiting period for such benefits, when applicable;
4. Has provided documentation from an attending physician. In the event the employee is
incapacitated, another employee and/or member of immediate family may initiate action for
the employee to receive donated leave;
5. Has approval of critical need from review committee every ninety days. The committee
will review the critical need for continued donation approval and estimate the total number
of donated hours needed.
B. Employees may donate leave if the donating employee:
1. Voluntarily elects to donate leave and does so with the understanding that donated leave
will not be returned;
2. Donates a minimum of eight hours;
3. Retains vacation leave balance of 40 hours and and/ sick leave of at least eighty hours.
All donated leave will convert to sick leave.
C. The leave donation program shall be administered on a pay period by pay period basis.
Employees using donated leave shall be considered in active pay status and shall accrue leave,
and be entitled to any benefits to which they would otherwise be entitled. Leave accrued by an
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employee while using donated leave shall be used, if necessary, in the following pay period
before additional donated leave may be received. Donated leave shall not count toward the
probationary period of an employee who receives donated leave during his or her probationary
period. Donated leave shall be considered sick leave, but shall never be converted into a cash
benefit.
The Employee needing leave donation will request through the HR department in writing. The
HR department will send out the request to the City departments and convene appropriate people
for review and approval as needed.
D. Employees who wish to donate leave shall certify:
1. The name of the employee for whom the donated leave is intended;
2. The type of leave and number of hours to be donated;
3. They will have a minimum eighty-hour balance of both sick and vacation leave after
donating;
4. The leave is donated voluntarily and will not be returned;
5. The maximum amount donated does not exceed fifteen days within a fiscal year.
Employees wanting to donate will submit required information the HR department.
E. The privacy of any employee in need of donated leave shall be respected; however, with
permission of the employee or a member of the employee’s immediate family, the City may be
informed of the need for donated leave to include the name of the individual in need of leave and
the nature of the precipitating situation.
F. Appointing authorities shall ensure that no employees are forced to donate leave. Appointing
authorities shall respect an employee’s right to privacy; however, appointing authorities may,
with permission, inform employees of their co-worker’s critical need for leave. Appointing
authorities shall not directly solicit leave donations from employees. The donation of leave shall
occur on a strictly voluntary basis.
TUITION REIMBURSEMENT
A.

SECTION 5.21

PURPOSE

The City supports and encourages employees to increase skills by continuing education through
tuition reimbursement.
B.

POLICY

A full-time employee is eligible for 100% tuition reimbursement not to exceed $600for achieving
a grade of “A” in an approved course, 80% tuition reimbursement for achieving a grade “B” in an
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approved course, 60% for achieving a grade “C” in an approved course. In courses that are graded
on a pass/fail basis, 80% tuition reimbursement will be granted for a passing grade, 0%
reimbursement for a failing grade. Reimbursement for up to three (3) credit hours is available per
quarter or semester dependent on school structure. under the following conditions:
1.

The employee has completed one year of service, before the course begins.

2.

The education is obtained from an accredited school during non-working hours.
The Appointing Authority may allow courses to be taken during work time,
provided vacation and/or compensatory time is used.

3.

The course is job-related to the employee’s current position or to his/her future
City development and promotion.

4.

Request for reimbursement is filed before the course registration using the
designated form. The form should be submitted and approved by the Appointing
Authority and submitted to HR who will process and submit to Auditor. The
reimbursement is only for tuition expenses. Lab fees, etc. are not reimbursable.

5.

A receipt of tuition payment and a passing grade report must be submitted within
thirty (30) days after the academic session ends. A grade of at least “C” or
equivalent must be achieved in each course.

6.

The Appointing Authority will monitor for consistency and fairness and will meet
with the employee when requested. Final determination regarding course
relatedness and/or creditability shall be made by Human Resources.

7.

The rate of reimbursement shall not exceed the cost of credit hour cost of local
state university. The HR department will determine this rate locally the beginning
of each year.
Employees will be required to remain employees with the City for a minimum of
one (1) year after receipt of the last reimbursement payment. If an employee
leaves City employment prior to the expiration of that one (1) year period, he/she
will be required to refund the City a pro rata amount. The Appointing Authority,
upon a case-by-case basis, will review exceptional cases.

8.

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BUSINESS EXPENSE PAYMENT / REIMBURSEMENT
A.

SECTION 6.01

PURPOSE

To outline the City of Norwood’s policy and procedures for the authorization, payment and
reimbursement of expenses incurred in the performance of official City business.
B.

POLICY
1.

Application of Policy: The following policy applies to all departments of the City,
all divisions of each department, and all employees of the department and division.
This policy also applies to elected officials and their employees.

2.

Authority and Definitions:
a.

Incurring business related expenses on behalf of the City of Norwood
requires the prior, written approval of the employee’s department head and
appointing authority. An approved purchase order by the Auditor is required
as well.

b.

The City will reimburse employees for the necessary and reasonable
expenses (as defined herein) incurred to attend authorized meetings,
conferences, and conventions.

c.

Travel which involves the use of a City vehicle and does not involve any
expense requires the prior, written approval of the employee’s department
head and Appointing Authority.

d.

Travel which involves business related expenses to be paid by the City
requires the prior, written approval of the department head and Appointing
Authority.

e.

If an employee travels and incurs expenses without the required approvals,
the determination of whether or not to reimburse the employee is at the
discretion of the Appointing Authority, and may be denied.

f.

The Appointing Authority retains the right to approve additional travel-related
reimbursements that fall outside of this standard policy. These may include
but are not limited to:
o
o
o
o
o

Higher-than-standard lodging rates due to conference location or
availability.
Extended stay for business purposes.
Additional transportation needs.
Meal or per diem exceptions.
Schedule related or safety concerns.

Such reimbursements require:
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o A formal written request submitted by the Department Head on behalf of
the employee.
o Justification for the exception, including supporting documentation (e.g.,
conference rate sheets, location-specific costs.)
o Pre-approval by the Appointing Authority prior to the expense being
incurred.
Requests will be evaluated on a case-by-case basis, and approvals will be
documented and retained with the reimbursement records.

3.

Business Expenses — Transportation.
a.

Generally: The City of Norwood will pay the cost of City business
travel, and certain expenses related to such travel. These costs may
be paid by travel expense advance to the employee (partial payment
as addressed in paragraph 7 B below), paid directly to a vendor by
the Auditor or paid as a reimbursement to the employee, as provided
herein.
Costs resulting from parking and traffic violations or accidents
while operating a city, personal or rental vehicle on City business
are not reimbursable, if the employee is at fault.

b.

Transportation — Common Carrier: Transportation by air, rail, or bus must
be approved in advance by the department head, and Appointing Authority
and be at the lowest available rate.

c.

Transportation — City Vehicle;
1. City employees must possess a valid operator’s license to drive a
City vehicle or personal vehicle on City business.
2. Employees approved to use City vehicles for City business related
travel shall operate such vehicle in full compliance with Section
6.02, Use of Vehicles on City Business.
3. Employees conducting official City business by automobile are
required to utilize a City-owned vehicle when one is available and
its use is deemed appropriate. The availability and mandatory use of
City vehicles shall be determined by the respective department head,
based on the employee’s position and departmental guidelines.
Employees will be notified regarding their eligibility and any
obligations related to the use of City vehicles.

d.

Transportation — Personal Vehicle:
(1)

If transportation in a personal vehicle for City business is authorized
per Section 3 (c) above, the employee must carry liability insurance
in the minimum amounts and provide proof of same.
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(2)

Expenses for the use of a personal vehicle shall be reimbursed at the
current IRS reimbursement rate for all business-related miles
traveled. Directional map with mileage indicated will be required
for reimbursement.

(3) Reimbursement will be paid only once and only to the approved
operator when two (2) or more employees are traveling together in
the same vehicle.
e.

f.

Transportation — Rental Vehicles:
(1)

Use of a rental vehicle while on City business must be approved in
advance by the department head and Appointing Authority, and
must be at the lowest available rate for the most economical vehicle
available based on the number of occupants and the intended use of
the vehicle.

(2)

Rental of a vehicle may only be approved if no other transportation
is available at a lesser cost.

(3)

Rental vehicle insurance coverage — prior to travel, employee must
get proof of insurance and coverage requirements from the City’s
current insurance carrier.

Transportation - Air Fare
1) Authorization
a) All air travel must be pre-approved by the Appointing Authority (or
designee).
b) A Travel Authorization Form must be submitted and approved prior
to booking airfare.
2) Booking Requirements
a) Employees are expected to book airfare at the lowest available fare
that reasonably accommodates the business schedule.
b) Coach or economy class must be used unless pre-approved due to
medical necessity or business justification. Employee can choose to
pay for the upgrade personally but no reimbursement beyond
economy will be made.
c) Airfare should be purchased in advance, when possible, to secure
the best rates.
3) Baggage
a) Standard baggage fees (one checked bag) are reimbursable.
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b) Additional baggage or overweight fees are reimbursable only with
justification and approval.
4) Non- Reimbursable
a) In-flight entertainment, meals, or upgrades.
b) Tickets purchased with airline miles or reward points.
5) Documentation Required
a) Original itemized receipt or invoice from the airline or booking
service
b) At the time of booking, employees must compare at least two airfare
options for the intended route and dates.
For non-reimbursable add-ons, include a comparison of the cost
with/without the personal add-on.
c) Acceptable methods for comparison include:
o Screenshots from travel booking sites (e.g.,
Expedia, Google Flights, airline websites)
o Fare quotes from a travel agent
6) Exceptions
Exceptions to the lowest fare requirement must be explained and approved
in writing. Acceptable reasons include:
•
•
•
•

Scheduling conflicts requiring specific departure or arrival times
Medical or accessibility needs
Excessive layovers or unreasonable travel duration
Airline bundling with conference rates or lodging

7) Frequent Flier Miles/ Credit Card Points
a) In accordance with the State of Ohio Ethics Commission rulings, employees
may not accrue frequent flyer miles from City travel.
4.

Business Expenses — Lodging
a.

Generally: The City of Norwood will pay the costs of lodging while an
employee is away from home on City business. These costs may be paid
directly to a vendor, or paid as a reimbursement to the employee, as
provided herein.

b.

Lodging Expenses:
Lodging expenses may be reimbursed when an employee is required to
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travel for authorized City business and an overnight stay is determined to
be reasonable and necessary. Approval must be obtained in advance from
both the Department Head and the Appointing Authority.
Reimbursement will be considered based on factors such as:
•
•
•
•

The distance from Norwood to the event location
The event’s start and end times
The overall duration and schedule of the event
The safety and practicality of same-day travel

Lodging for the night before or after an event may be approved if justified
by the factors above, travel demands or the event schedule. All lodging
arrangements must be made with cost efficiency in mind, and employees
are expected to request a government or discounted rate when available.
(2)

A single room rate is the standard for payment. If not staying at the event
hotel, employees should choose a moderately priced facility convenient to
the location of the City business. Airbnb/ VRBO or like lodging is permitted
only if comparable to hotel costs. Refundable options in this category
should be used as well as insurance in case of need for cancellation.

(3)

The City of Norwood is exempt from paying sales tax in Ohio for lodging,
if payment is made directly to the vendor. If time permits, arrangements for
direct payment should be considered.

(4)

If two (2) or more City employees are approved to share a room, double or
triple bed room rates may be approved. In such case, reimbursement will
be made to only one (1) employee. The names of the other employees
sharing the room must be provided.

(5)

Only reasonable, business-related expenses associated with lodging will
be paid by the City. Itemized receipts for these items are required.
Reimbursable expenses include:
o
o
o
o
o

Business-related telephone calls
Internet access required for work
Copies and other meeting related items
Parking
Personal call only covered for safe arrival check in if needed
o Other expenses related to business that are approved

No reimbursable are items such a but not limited to:
o Personal (excluding above)
o Movies and other hotel entertainment
o Laundry/ dry cleaning
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5.

Business Expenses — Meals

a. Generally:
The City of Norwood will pay the costs of meals eaten by employees while away
from home on City business as provided herein. These costs are paid by travel
expense advance, directly to the vendor, or as a reimbursement to the employee, as
provided herein.
b. Meal Reimbursement Standards:
The City will reimburse meals lesser of actual or per diem U.S. General Services
Administration (GSA) per diem meal rates applicable to the travel location. The
reimbursement amount will reflect the standard GSA breakdown for breakfast,
lunch, and dinner. Reimbursement is based on travel times, official duties, and
whether meals are provided as part of the event or lodging package. The Auditor’s
office will determine correct GSA usage for meals.
c. Receipts and Restrictions:
Detail receipts are required to receive payment or reimbursement. Itemized
grocery store receipts are acceptable.
Gratuities of up to 20 percent of the meal cost may be included. Alcoholic
beverages are not reimbursable.
d. Meal Inclusion in Event Cost:
When a seminar, meeting, or event paid for by the City includes meals, employees
will not receive reimbursement or alternate meal payment for that meal. The only
exception is for medical or religious related issue due to food served. This will be
considered an accommodation and the HR Director should be contacted for
approval of these reimbursements. This exception does not consider personal
preference on food or self-imposed diet restrictions.
e. Local Meals:
City employees and elected officials may be eligible for meal reimbursement when
attending authorized local meetings, trainings, or events within a 50-mile radius of
their primary work location, provided meal expenses are incurred as part of their
official duties. Reimbursement will only be considered when all of the following
conditions are met:
1. The meal is not provided by the meeting host or included in a registration fee.
2. The meeting is directly related to official City business and the position the
employee holds, such as strategy meetings, inter-agency collaboration, employee
relations, professional networking, committee participation.
3. Reimbursement is not permitted for meals consumed alone, for reasons of
personal convenience or preference, or general employees choose to lunch
together with no official purpose.
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4. An itemized receipt is required, showing the date, location, and total cost of the
meal.
5. A brief meeting summary or agenda is provided, including the purpose, attendees,
and relevance to City business.
6. Pre-approval from the department head is required for employees (not elected
officials); Yearly approvals may be granted for recurring or similar meetings.
7. All required forms (e.g., requisition and approval and reimbursement request)
must be properly completed and submitted.
f. Additional Reimbursement:
Upon the written request of a department head, the Appointing Authority may
approve additional reimbursement above the GSA standard when justified by
unusual circumstances or increased costs in the travel area. Documentation
supporting such a request must be submitted with the Travel Expense Report.
6.

Business Expenses — Miscellaneous/Incidentals:

a.

City business related expenses, in addition to transportation, lodging, meal,
and training expenses, may be reimbursed such as:
o Parking, road tolls or bus fares, reasonable tips/ gratuities,
telephone charges for business-related calls, rental charges for
equipment and facilities.
o Receipt is required for reimbursement. In case of cash gratuities,
memo stating what tip was for and amount and will be approved by
appointing authority if allowable.

7.

b.

Examples of expenditures not reimbursable are any expense not deemed by
the Appointing Authority to be City business related, and any expense
which requires a receipt, and for which no receipt is provided.

c.

Entertainment: Expenditures for entertainment at night clubs, golf courses,
ball games, etc. are payable only if the expenses are directly associated with
the active conduct of City business. Such expenses may be incurred only
with the advance approval of the Appointing Authority, and after review by
the Auditor.

d.

Spouses may be permitted to accompany employees traveling on City
business, with the approval of the Appointing Authority. In such case, all
expenses incurred as a result of the spouses’ presence are the employee’s
responsibility.

Business Expenses — Payment Methods:
a.

Direct Payment by Auditor: Substantial invoices for the costs of air travel,
hotel, conference rooms, etc., may be paid directly to the vendor by the City
on approval by the Appointing Authority. All requests (vouchers) for direct
payments must be submitted to the Auditor at least five (5) working days
before the date the payment is desired.
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b.

8.

C.

Reimbursement: The second method of paying City business related
expenses is reimbursement to employees who have used their own funds to
pay such expenses and who request reimbursement pursuant to the
procedures contained herein.

Disabled Employees: When considering any employee’s request for job-related
travel, the Employer will consider the special needs of an employee with a
permanent disability that substantially affects the employee’s ability to drive, see,
hear, etc. The Employer will not deny job-related travel opportunities to employees
with a disability due to such disability.

PROCEDURE
1.

Any employee desiring to attend a meeting, conference, convention, or otherwise
incurring expenses on official City business shall:
o Make advance written application by use of Travel Reimbursement
Approval/Request form with any required documentation as noted in policy
to their department head and the Appointing Authority for approval.
o This should be submitted at least 14 days in advance when possible.
o A copy of the approval will be sent to the Auditor’s Office with requisition
for purchase order creation prior to travel/ purchase.

2.

After returning from any meeting, conference, convention, or other official City
function wherein reimbursable expenses have been incurred, an employee shall:
o Submit a Travel Reimbursement Approval/Request along with a copy of the
previously approved purchase order and all original receipts and other
documentation to the department head or Appointing Authority for forwarding to
the Auditor’s Office for processing.
o The report shall be reviewed by the Auditor’s Office and either approved for
reimbursement or returned to the employee for adjustment or further
documentation.
o Once the report has been approved by the Auditor’s Office, the Auditor will
process the report for payment.
o If requested reimbursement is more than 10% of estimated, additional review and
approvals are required and will managed by the Auditor’s Office.

USE OF EMPLOYER-OWNED VEHICLES OR PERSONAL
VEHICLE ON EMPLOYER BUSINESS
A.

SECTION 6.02

POLICY
The City of Norwood maintains a fleet of vehicles to meet City work requirements for the
benefit of operations. The City issues some vehicles in a take home status for persons
requiring this convenience. This policy details the usage, care, and accident notification
process for all City of Norwood vehicles and sets general guidelines for all drivers.
1.

Employers — Generally:
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a.

Vehicles purchased or leased by the Employer shall be subject to regulation
by the Employer.

b.

All vehicles owned or leased by the Employer shall be plainly marked as
the property of the City, except law enforcement undercover vehicles.

c.

Vehicles may be provided for those officials, department heads and
employees who require transportation in the course of their duties.
Employer-owned vehicles are not to be used for employee travel to and
from work unless authorized by the Employer in writing.
•

•

d.
2.

Public Safety Exception - Due to the unique operational demands of the
Police , Fire and Public Works Departments, an exception is recognized for
designated public safety response vehicles to drive to and from home as
assigned. This provision ensures that emergency response times are
minimized and public safety leadership remains available in critical
situations.
The department head may also assign a City vehicle to employees attending
training, seminars, conferences, or similar programs approved in advance
by the Employer.
Employer-owned vehicles shall be used by employees whenever possible
on approved City business.

Assignment of City Vehicles:
a.

Permanent vehicle assignments or assignment of a vehicle to attend a
conference, meeting, etc. will be made based on written request which
provides documented justification.
Approval will be based on
transportation needs, emergency requirements, call-out availability, after
hours meetings, cost effectiveness, or as otherwise determined by the
Employer.

b.

Permanent vehicle assignments shall be reviewed annually by the Employer
during the budget appropriations process.
All permanent vehicle
assignments shall be reported to the Auditor for income tax purposes.
Employees assigned vehicles shall comply with the Auditor’s Office in
meeting the IRS rules. All employees who have permanently assigned
vehicles shall keep a daily record of any personal use of the vehicle. This
shall include, but not be limited to, commuting to and from work. All costs
associated with personal use must be added as income to the employee’s
W-2 statement. The records shall also include maintenance, insurance, fuel,
etc. Failure to maintain and provide such information may result in loss of
use of the vehicle.

c.

Daily vehicle assignment will be at the discretion of the department head
based on the operational needs of the respective department.

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PERSONNEL PROCEDURES
Qualifications for Using Employer Vehicles or Personal Vehicles on Employer
Business:
a.

All operators of Employer owned or leased vehicles or employees using
their own vehicles for Employer business shall be at least 18 years of age.

b.

All drivers must have a current, valid driver’s license that covers the type
of vehicle to be operated. A copy of the license must be placed in the
driver’s file.
In those classifications which require a certain motor vehicle license, newly
hired employees must generally possess such license as a condition of
employment, and all current employees must maintain said license for the
duration of their employment in said classification. Loss of license and
driving privileges by such employees may result in termination of
employment for incompetency.

c.

Employees operating a vehicle on behalf of the Employer are expected to
operate the vehicle in a responsible manner. An individual’s driving record
as maintained by the State of Ohio Bureau of Motor Vehicles (BMV), or
record from any other state or country in which the driver or applicant has
resided or operated a motor vehicle during the previous 36 months, or any
other legal source, will be used as an indication of the individual’s ability
to responsibly operate a vehicle. The Employer will review the applicable
driving record of each City employee who operates a vehicle on behalf of
the Employer annually.
The following is a listing of motor vehicle
related occurrences (violations, convictions and accidents), the appearance
of which on the driving record of a City employee during the previous 36
month period will normally result in the suspension of the employee’s
driving privileges for the City.
A conviction for:
•
•
•
•
•
•

Driving while under the influence of alcohol or drugs;
Vehicular homicide or manslaughter;
Leaving the scene of an accident;
Attempting to elude or flee a police officer after a traffic violation;
Drag racing; or
Other intentional and dangerous or reckless use of a motor vehicle.

The City may suspend an employee’s authorization to operate City
vehicles based on the presence of motor vehicle-related incidents—such as
moving violations, convictions, or at-fault accidents—on the employee’s
driving record within a 36-month period. The decision will be based on a
review of the nature, frequency, and severity of such incidents.
Combinations of violations and accidents may also be considered grounds
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for suspension, particularly where they suggest a pattern of unsafe driving
or increased liability risk.

d.

4.

In a case where the Employer or the issuing Driver’s Licensing Authority
has suspended the employee’s driving privileges, or the employee becomes
uninsurable under the Employer’s policy, and driving is an essential
function of the employee’s position, the Employer may take appropriate
disciplinary action up to and including termination of employment by the
City.
The Employer may also require employees to participate in remedial or
defensive driving courses when employees evidence poor driving records.
e.

An applicant may be denied employment on the basis of an unsatisfactory
driving record. At the discretion of the Employer, denial may be made
without regard to the number of points or violations or whether they
occurred within the State of Ohio. The Employer will review the BMV
driving record of any applicant who, if employed, will be operating a
vehicle on behalf of the Employer, prior to making an offer of employment.

f.

Drivers shall report to their department head any moving violations or
accidents which occur while they are on or off duty. On-duty accidents or
moving violations shall be immediately reported to the department head.
Off-duty accidents or moving violations shall be reported as soon as
possible, not to exceed within five (5) calendar days of the occurrence.

g.

Employees who use their personal vehicle for official Employer business
will be reimbursed on a mileage basis at the authorized rate. Insurance
coverage for personal vehicles used on Employer business shall be the
responsibility of the owner of the vehicle.

Use of Vehicles:
a.

Employer-owned or leased vehicles shall not be used for any purpose other
than official City business.

b.

Employees must continuously recognize that use of an Employer-owned
vehicle is a privilege and that they are constantly visible as an official
representative of the City. Employees should show every courtesy while
operating a City vehicle or their personal vehicle on City business in order
to enhance the good reputation of the City.

c.

Employees shall exercise caution and responsibility and adhere to all safety
regulations when operating Employer-owned vehicles. Operators and
passengers shall wear safety belts at all times while driving or riding in an
Employer-owned vehicle or their personal vehicle on Employer business.
Negligent, reckless, or improper operation of vehicles while on Employer
business is grounds for disciplinary action.
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d.

Except as otherwise provided herein, passengers not on official Employer
business and hitchhikers are not permitted in Employer-owned vehicles. A
family member or friend may be permitted as a passenger, but never as a
driver, in Employer-owned automobiles on authorized trips to meetings,
conferences, and conventions only if approved in advance by the Employer.

e.

Employees who must operate a City vehicle as part of their job or their
personal vehicle on City business, either on a regular or occasional basis,
are required to report any suspension or revocation of their driver’s license
to the department head immediately.

f.

Use of alcoholic beverages or controlled substances immediately prior to or
during operation of a City vehicle is prohibited. Alcoholic beverages or
controlled substances shall not be transported in a City vehicle except as
required in the performance of the employee’s duties (e.g., law
enforcement). Any employee convicted of operating a City vehicle while
under the influence of alcohol or drugs will be subject to immediate
dismissal.

g.

Turn signals and warning signals shall be utilized by all vehicle operators.
Vehicle headlights shall be used during periods of limited visibility or any
time the vehicle windshield wipers are in use.

h.

Employees are responsible for ensuring any City vehicle which they are
permitted to take home is properly maintained, kept locked, and parked in
a safe and secure location.

i.

Employees shall ensure any City vehicle which they use is cleaned, fully
fueled, and readied for service upon completion of its use.

j.

The operator of a vehicle shall be responsible for seeing that any service,
safety, or maintenance items are corrected on the vehicle or reported to the
proper authority.

k.

Use of Tobacco and E-Cigarettes in City vehicles is prohibited. Violation
may be grounds for disciplinary action.

Accidents/Traffic Citations Involving City Vehicles or Personal Vehicles While on
Employer Business:
a.

Accident reports shall be completed and submitted to the Employer within
24 hours of an accident (Driver’s Report Form, BWC form, and/or
Injury/Accident Report).

b.

Parking, moving violations, and other fines received while operating a City
vehicle or a personally owned vehicle while on City business are the
responsibility of the operator.

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c.

B.

Operators involved in accidents while operating a City vehicle in a nonapproved manner, will be subject to appropriate disciplinary action and may
be liable for the cost to repair the vehicle.

PROCEDURE
1.

Mileage Reimbursement Requests: Employees should use an Employer-owned
vehicle whenever possible to conduct Employer business. However, any employee
who uses a privately owned automobile on approved City business shall be
reimbursed at the current IRS reimbursement rate. The employee must obtain
approval from the department head and obtain an approved purchase order prior to
incurring the expense. To receive reimbursement, the employee must submit the
odometer readings of the vehicle showing starting and ending mileage. When air
flight is less expensive than paying mileage, the cost of air flight may be approved
at the discretion of the Employer.

2.

Reporting Accidents: Employees shall immediately report all accidents involving
Employer-owned vehicles or personally owned vehicles being used for Employer
business. A Driver’s Report/Accident Report Form shall be completed, signed and
submitted by the employee to the department head. The department head shall
review and submit the Driver’s Report Form to the Appointing Authority or
designee. The driver will also report the accident to the appropriate law
enforcement agency, obtain a copy of that agency’s accident report and forward
such report to the Appointing Authority or designee. If the driver is in a safetysensitive position, is a CDL holder, or if there is reasonable suspicion that the driver
is under the influence of alcohol or drugs, the driver may be required to take a drug
or alcohol test in accordance with the Employer’s policy for CDL holders.

3.

The vehicle inspection form should be done monthly by employees and turned in
to assigned fleet manager. The form will be placed in each vehicle and also
available on the shared drive as needed.

SECONDARY EMPLOYMENT
A.

SECTION 6.03

POLICY
1.

Time Conflicts: Full-time employment by the City of Norwood shall be considered
an employee’s primary occupation and take precedence over all other occupations.
Full-time employees shall not have other employment which presents a “time
conflict.” A time conflict for purposes of this section exists when the working hours
of a secondary job directly conflict with an employee’s scheduled working hours
or mandatory overtime obligations, if any, or when the demands of a secondary job
prohibit adequate rest or otherwise affect the employee’s job performance.

2.

Interest Conflicts: No employee, regardless of employment status, shall have other
employment which presents an “interest conflict” with their position. An interest
conflict exists when an employee engages in any secondary employment which
tends or may appear to compromise the employee’s judgment, actions, or job
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performance or conflict with the policies, objectives, and operations of the
Employer.

B.

3.

Police Department: An interest conflict also exists for police department personnel
if they engage in any employment or business involving the sale or distribution of
alcoholic beverages or marijuana, work for bail bond agencies, perform
investigative work for insurance agencies or private security services, or perform
collection services for attorneys.

4.

Uniforms and Equipment: No employee shall use Employer-owned uniforms or
equipment in performing secondary job duties unless approved by the department
head for special duty assignments.

PROCEDURE
1.

Employees shall notify their department head in writing of any secondary
employment (preferably prior to accepting such employment). The department
head will thereafter notify the Appointing Authority of such secondary
employment. This will be forwarded to Human Resources to place in file.

2.

If the Appointing Authority feels an employee’s secondary employment presents a
conflict, the Appointing Authority may demand that the employee terminate the
secondary employment relationship. Failure to follow such demand shall be cause
for discipline.

3.

Police officers shall notify the Police Chief in writing and receive permission from
the Chief prior to accepting secondary employment.

TOOLS, SUPPLIES, EQUIPMENT, AND UNIFORMS
A.

SECTION 6.04

TOOLS, SUPPLIES, and EQUIPMENT
1.

Tools, supplies, and equipment which are needed to perform job duties shall be
properly used and maintained. An employee shall be held strictly responsible and
accountable for equipment personally issued to the employee, in addition to any
generally issued departmental equipment, tools, or supplies which are used by the
employee.

2.

Misuse, neglect, theft, and/or abuse of tools, supplies, or equipment is prohibited
and shall subject an employee to appropriate disciplinary action. Accidents
involving misuse or abuse of tools may also be cause for disciplinary action.

3.

Employees may be required to pay for tools, equipment, and supplies lost or
damaged, at the discretion of the appointing authority.

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PERSONNEL PROCEDURES

UNIFORMS
1.

Some employees may be required to wear a uniform. Such uniforms may be
supplied by the Employer or the employee may be given an annual allowance as
determined by Council.

2.

Employer provided uniforms will be replaced as needed, and remain property of
the City of Norwood. When an employee terminates employment, he/she will be
required to return all Employer provided uniforms.

3.

Employees will be responsible for laundering their uniforms.

4.

The clothing items purchased with the uniform allowance funds become personal
property of the employee. Equipment and other items purchased with the uniform
allowance funds remain the property of the City.

5.

All items that are deemed to be safety related, and are mandatorily required to be
provided by the City shall not be included in the uniform allowance. These items
shall be provided to each and every employee, separate and apart from the uniform
allowance system.

6.

All employees shall understand all clothing purchased through the uniform
allowance shall be used for work purposes and not for personal use. In the event
the clothes purchased become used for personal use, they may be subject to added
income according to the IRS regulations.

BULLETIN BOARDS
A.

SECTION 6.05

POLICY
1.

2.

Bulletin boards are a means for the Employer and the bargaining unit(s) to provide
information to employees. The following information may be posted by employees
on Employer bulletin boards:
a.

employee recreational and social affairs;

b.

notices of employee meetings;

c.

non-political publications.

No information may be posted on Employer-owned bulletin boards which contains:
a.

personal, scandalous, or derogatory attacks upon any employee, public
official, governmental agency, organization, or group;

b.

unfavorable attacks or comments regarding a candidate for public office; or

c.

any material promoting or advocating any particular religion in the
workplace.
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PERSONAL INFORMATION RECORDS
A.

POLICY
1.

2.

B.

SECTION 6.06

The Employer maintains and is responsible for personal information maintained
concerning employees. “Personal information” includes all information about an
employee as defined in O.R.C. 1347.01(E), and may include such information as:
a.

personal data;

b.

employment application documents;

c.

references;

d.

medical reports;

e.

documentation pertaining to an employee’s change of status;

f.

performance evaluations;

g.

communications or disciplinary actions;

h.

paid and unpaid leave records.

The Employer shall only use the personal information in the personal information
system in a manner consistent with the system and in accordance with O.R.C.
Section 1347.01 et seq., O.R.C. Section 149.43 et seq., or as otherwise required by
Ohio law.

PROCEDURE
1.

Each employee shall be allowed to review the contents of the file(s) pertaining to
them; maintained by the City at any reasonable time. Employees may also request
that the Appointing Authority conduct an investigation to determine if the
information in their file is accurate, relevant, timely, and complete. This
investigation must occur within 90 days of written request by the employee. All
information determined by the Employer to be inaccurate as a result of such
investigation shall be noted as such and removed from the employee’s file and
placed in a separate inactive file. If the Employer determines the record to be
correct, the employee may append a brief statement to the file. Personnel files are
public records and subject to provisions in the Ohio Public Records Law.

2.

Individuals requesting to obtain or review information about themselves must
provide proof of identification.

3.

The Employer will not initiate or contribute to any disciplinary action against an
employee who brings to the attention of appropriate authorities, the media or any
member of the public, evidence of unauthorized use of information contained in the
personal information system.
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4.

The Employer shall monitor the accuracy, relevance, timeliness and completeness
of its personal information systems, take reasonable precautions to protect personal
information in the system from unauthorized and unlawful modification,
destruction, use or disclosure, and shall collect, maintain and use only that personal
information necessary and relevant to the Employer’s functions.

5.

Self Help to Records Prohibited:
a.
Employees may not copy or remove any record or writing, even those
regarded as “public records,” without first obtaining advanced written permission
from the Mayor or designee, or without going through the process for obtaining
public records outlined in the City’s public records policy.
b.
No employee may copy, or use any agency writing, document, or record in
any grievance, appeal, or legal action without having first obtained the written
permission of the Mayor or designee. This particular policy does not apply to
matters obtained through formal “discovery” under the Rules of Civil Procedure.
c.
No employee shall use a mechanical or electronic device to record any
conversations, including, but not limited to, any meeting, hearing, or appeal
involving the Employer or a representative of the Employer without the advance
written permission of the Mayor or designee. Unauthorized recording shall result
in disciplinary action.
d.
Except for official agency business, employees may not have any agency
writing or document in their possession, unless obtained in accordance with this
policy.

6.

Violations: Misuse, removal, or destruction of Employer records without prior
authorization shall result in termination of employment. Any former employee who
is discovered to have obtained an unauthorized document or produced any
unauthorized tape recording will be barred from reemployment by the City and may
be subject to civil or criminal penalties.

REPORTING CHANGES IN PERSONAL INFORMATION
A.

SECTION 6.07

POLICY
1.

Failure to report changes in personal information may prevent employees from
obtaining or maintaining valuable employee benefits or services. It is each
employee’s responsibility to report any change of personal information within three
(3) calendar days of the occurrence of the change. Notification shall be made to
Human Resources, and changed in the HRIS system being utilized. Employees are
able to make changes in the HRIS system being utilized by logging in.

2.

For the purposes of this section, a change in personal information shall include the
following:
a.

Name change;
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b.

Address change;

c.

Phone number change;

d.

Marital status change;

e.

Changes which may affect employee benefits (i.e., insurance and pension(s)
such as changes in dependents or beneficiaries);

f.

Number of exemptions for tax purposes;

g.

Citizenship;

h.

Email change ;

i.

HSA deduction change;

j.

Other changes may apply.

PROCEDURE
1. Human Resources will make certain that notification of any change is forwarded
to the department head, Appointing Authority’s office, and Auditors office if
applicable and needed information.

COMPUTER / INTERNET / ELECTRONIC MAIL POLICY

SECTION 6.08

Employees may make limited personal use of the City’s electronic systems (including email,
internet, and other network resources), provided it does not interfere with work responsibilities
or violate any City policies. Employees are expected to exercise good judgment and
professionalism at all times.
All activity on City networks may be monitored and recorded. Misuse of electronic resources
may result in disciplinary action, up to and including termination.
A.

General Standards of Conduct for Internet Use:
1.

Any use of City computers or on-line computer services to facilitate illegal activity
is prohibited.

2.

Use of the City’s electronic services to access obscene or pornographic materials is
prohibited, unless such use is authorized as part of a police investigation.

3.

Use of the City’s electronic services for political, commercial or for-profit purposes
is prohibited. This includes buying, selling and bartering, including, but not limited
to, the use of credit cards.

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4.

Disruption of electronic services, supporting equipment, or information available
on it is prohibited, including, but not limited to, tampering with hardware or
software, vandalizing or destroying data, introducing or using computer viruses,
attempting to gain access to restricted information or networks, violating copyright
laws, or installing non-City-owned software of any kind.

5.

The use of electronic services to harass other users or to transmit materials likely
to be offensive or objectionable is prohibited.

6.

Users of electronic services are to protect themselves and others by not issuing or
releasing confidential information, addresses, passwords or telephone numbers,
remembering that on-line computer services are not private.

7.

Employees shall not use a code or password, access a file or retrieve any stored
information unless authorized to do so. Employees should not attempt to gain
access to another employee’s messages without the latter’s permission.
Any
employee who violates this policy or uses electronic services for improper purposes
shall be subject to discipline, up to and including discharge.

E-mail:
1.

Any message sent or received via a City of Norwood e-mail system may be
monitored by the Appointing Authority at any time, with or without prior
notification. If the Appointing Authority discovers any misconduct or criminal
activity, the information contained in such e-mail messages may be used to
document such conduct and may be revealed to the appropriate authorities. All email usage shall comply with the Appointing Authority’s policy and all state and
federal laws including those barring discrimination because of age, race, sex,
religion, disability, sexual orientation, etc. Employees will not have access to email after termination.

2.

E-mail relevant to a specific topic should be printed and filed, if appropriate.

3.

E-mail accounts are to be used only by the authorized owner of the account or
another person with the owner’s specific authorization.

4.

Subscriptions to unrelated services or news groups is not allowed as they create
unnecessary traffic on the e-mail system.

5.

It is permissible to transmit documents via e-mail as attachments. However,
transmitting copyrighted material including software, research data and
manuscripts without the consent of the copyright holder is strictly prohibited.

6.

Caution should be exercised before opening any attachment to any incoming email. If the e-mail is of unknown origin, or is not business-related, the attachment
should not be opened.

7.

The use of personal e-mail is not forbidden, but should be used with common sense
and restraint as is the telephone for personal business.
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8.

C.

D.

PERSONNEL PROCEDURES
The downloading of files/programs for personal use from the Internet without
advance permission is prohibited. Permission is obtained from the department
head, Appointing Authority, or designee.

Standards of Conduct for E-mail on a City of Norwood Electronic System:
1.

Do not overuse e-mail by sending courtesy copies of messages to people who do
not need them. Similarly, it is not generally necessary to reply to an e-mail just to
inform the sender that you have received it.

2.

Be careful when forwarding e-mail messages. Use common sense: if you would
not forward a copy of a paper memo with the same information, do not forward the
e-mail.

3.

Global transmission of e-mail is prohibited without the advance written permission
of the Appointing Authority.

4.

Be careful what you write. E-mail is not the same as conversation. It is a written
record, can be duplicated at will, and may constitute a “public record.”

5.

Use normal capitalization and punctuation. Typing a message in all caps is bad
“netiquette.”

6.

When replying to e-mail, it is often useful to include a portion of the original
sender’s message to put your reply into context. It is appropriate to delete
unimportant portions of the original message in order to prevent the message from
getting too long.

7.

If a user discovers defamatory, disparaging, or otherwise damaging statements
about the City of Norwood on the Internet, the user should inform the appropriate
department head to follow-up on that discovery.

Use of the World Wide Web: The Internet is a powerful and useful tool for research and
other functions. Employees are encouraged to develop computer and Internet skills to
improve their job knowledge and to promote the interests of the City of Norwood.
Employees should treat the Internet as a formal communications tool similar to the
telephone, radio, video and written communications. All employees are responsible for
their actions and communications using computers and the Internet.

USE OF TELEPHONES / CELL PHONE POLICY
(INCLUDES PAGERS AND LAPTOPS)

SECTION 6.09

A.

Scope: This policy applies to all employees under the Appointing Authority of the City
who possess and use a cellular telephone, pager, or laptop computer purchased and/or
provided by the City.

B.

Purpose: This policy defines the conditions for which the City will provide a cellular
telephone, pager, or laptop computer to an employee as well as the expectations for proper
use of such City-issued equipment, and identify how personal use of such City equipment
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will be reimbursed by the employee using the fair market value on a per minute basis. This
policy shall apply to all cellular telephones, combination radio/cellular telephones, related
necessary accessories when provided by the City, and all applicable service agreements.
C.

Policy: The City recognizes that cellular telephones, pagers, and/or laptop computers have
become valuable tools for City officials and employees to enhance their productivity while
working on behalf of City. This communications tool can provide an effective and efficient
means to coordinate work activities, provide and/or receive needed information, deliver
public services with minimal delay and assure personal and public safety; therefore, the
cellular telephones, pagers, and/or laptop computers may be provided for use regarding
official City business to those officials and/or employees whose jobs require the ability to
have constant contact, in accordance with this policy. The City expects all officials and/or
employees to have appropriate and reasonable use of all City-owned telephones, pagers,
and/or laptop computers.

D.

Procedure: It is the responsibility of each Appointing Authority to determine who, in their
respective offices, shall be assigned a City-owned cellular telephone, pager, and/or laptop
computer for official use. No official and/or employee shall be automatically eligible to
receive a City-owned cellular telephone, pager, and/or laptop computer based solely upon
position, title, or classification. In order to be eligible for a City-owned cellular telephone,
pager, and/or laptop computer, the official and/or employee must meet at least one (1) of
the following:

E.

1.

Public Safety: The City official and/or employee requires immediate and direct
communication with local emergency responders in order to provide for the safety
of the public.

2.

Accessibility: The City official and/or employee, while working outside of the
office, must initiate immediate and direct communication with their office and/or
other public or private entities or persons to access information in order to conduct
official City business in a timely fashion where there is a likelihood that
conventional telephones will not be readily accessible.

3.

Responsiveness: It is routinely necessary for other City officials and/or employees
or members of the general public to reach this individual immediately and directly
to discuss official City business when they are out of the office.

Acquisition and Return of City Cellular Telephones: Once a cellular telephone has been
provided, the issuance will be tracked by the assigned City department and documentation
will be made part of personnel file. (HRIS may be used to track) If a City cellular telephone,
pager and/or laptop is damaged, lost, or stolen, it must be reported by the employee to their
immediate supervisor as soon as possible; the immediate supervisor shall notify the
Appointing Authority, who will make the necessary arrangements for termination of
service and/or arrange a replacement.
When an employee no longer needs a cellular telephone, pager, and/or laptop, or terminates
employment or otherwise loses the authorization to possess or use a City cellular telephone,
pager and/or laptop, the employee shall return all City-provided cellular telephone, pager,
and laptop equipment and/or accessories immediately.
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F.

City employees, with a cell phone that has been provided by the City to conduct business,
may also use the cell phone for personal calls.

G.

Even though personal calls are permitted, the employee is required to stay under the plan’s
free minutes. If an employee exceeds those minutes, the cost above the base bill must be
reimbursed to the City. Personal calls shall not affect the employee’s work performance
and shall be kept to a minimum. Excessive personal use of cell phones during an
employee’s assigned work hours is prohibited and will be cause for disciplinary action as
determined by the Appointing Authority or designee.

H.

Officials and/or employees are advised that all communications including, but not limited
to, voice mails, text messages, pages, and/or email communications, are not confidential
and are subject to review for the purpose of enforcing the policies stated herein.

I.

Employees will not be permitted to add a second line to a City-owned cell phone account
for the employee’s personal use.

J.

Employees are expected to use discretion when bringing personal cell phones to work.
Personal use should not interfere with work duties, disrupt others even when on authorized
breaks. Use of cell phone while driving a City vehicle should comply with the rules of the
state of Ohio.

SOCIAL MEDIA POLICY

SECTION 6.10

A.

Purpose: The purpose behind this policy is to make an employee aware of his or her privacy
rights and prohibited conduct with respect to an employee’s actions and its impact on the
City. The policy also establishes guidelines to disseminate information about the City to
its residents, corporate citizens, guests and fans. Moreover, this policy is intended to ensure
efficient use of employee time and to minimize any distraction from an employee’s
assigned tasks and duties. It will also allow the City to ensure that the City’s rules are
followed and all employees are treated fairly.

B.

Scope: All employees will be subject to and held accountable for any conduct outlined in
this Social Media Policy. This policy works in conjunction with other related personnel
policies and procedures.

C.

Consent: An employee’s use of such technology constitutes consent to being monitored by
the City.

D.

Social media refers to the use of websites such as but not limited to Facebook, YouTube,
TikTok, X (formerly Twitter), LinkedIn, Pinterest, Whatsapp, Snapchat, WeChat, and
Instagram. For purposes of this policy, Blogs and other internet forums of communication
will be covered. Nothing in this policy is meant to prohibit access of a work-related
website.
1.

On Duty Conduct (Personal Social Media): Employees may access personal social
networking sites, blogs, or other online platforms using personal devices only
during approved breaks or other non-work time, so long as such use does not
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interfere with job duties or disrupt the workplace. Discretion should be used at all
times.
Access for work-related purposes or during other approved periods of downtime
is permitted with supervisory approval. Inappropriate use or any activity that
interferes with job performance may result in disciplinary action, up to and
including termination.

2.

3.

Off Duty Conduct (Personal Social Media): An employee enjoys no expectation of
privacy to information posted into cyberspace even while off duty. This includes
anything posted to a social networking website, blog, or other similar internet
forum of communication. Although information may be posted to a “private”
webpage, the employee should be aware this information can still be accessed by
the public and other sources in a number of ways. Because of this, an employee
needs to use “common-sense” when posting comments, photos, opinions, or any
other information related to his or her employment. By no means is this policy
meant to infringe upon an individual’s First Amendment rights. However, anything
that reflects negatively on the City or its mission may be used as grounds for
discipline up to and including termination. It should be recognized that the City
shall not interfere with an employee’s rights under R.C. 4117. The following are
forbidden:
a.

Posting one’s photograph while wearing the City’s uniform (or other
similar attire, which could be misidentified as the official uniform) and
being engaged in situations which reflect negatively on the City;

b.

Posting pictures, videos, or comments that are insubordinate with respect
to the employee’s employment;

c.

Posting pictures, videos, or comments that constitute or could be construed
as unlawful behavior;

d.

Knowingly or recklessly posting false information about the City,
supervisors, coworkers, public officials, or those who have a relationship
with the City. This also includes disparagement of a fictitious character or
computer-generated likeness that resembles the above.

e.

Posting, transmitting, or disseminating any pictures or videos of official
training, activities, or work-related assignments without the express
permission of a supervisor.

f.

Posting pictures, videos, or comments that are sexual, violent, offensive,
harassing, or pornographic in nature along with any reference to the City or
an individual’s employment.

City Administered Social Media: The establishment and use of Social Media for
City business is subject to approval by the Safety/Service Director or designee.
Employees administering Social Media sites on behalf of the City (ex. City website,
City or Department Facebook page, etc.) must have permission of the Safety
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Service Director or designee or Department Head and shall follow this Social
Media Policy and all applicable federal and state laws and regulations.
a. City Social Media sites shall be clearly identified as maintained by the City;
b. Wherever possible, links shall be provided referring users to the City of
Norwood website for forms, documents, online services and other information
to conduct business with the City;
c. The Safety/Service Director shall appoint a designee to monitor content on the
City’s Social Media to ensure adherence to this Policy and the interest and goals
of the City;
d. Violations of this policy and following comment guidelines should be reported
to the Safety/Service Director or designee as soon as possible;
e. The City of Norwood’s website shall be the primary and predominant internet
presence for official information;
f. City Administered Social Media sites and comments by on behalf of the City
are subject to the Ohio Public Records Act and may be a public record subject
to public disclosure and the City’s records retention schedule;
g. Employees representing the City must always conduct themselves as a
representative of the City in accordance with all City policies, and may not
comment on topics or issues not within the jurisdictional purview of the City;
h. The following comment guidelines shall be displayed on City Administered
Social Media sites for access to any user:
COMMENT POLICY
i. As a public entity, the City of Norwood must abide by certain standards
to serve all its constituents in a civil and unbiased manner.
ii. The intended purpose behind establishing City of Norwood social media
sites is to disseminate information from the City, about the City, to its
residents, corporate citizens, guests and fans.
iii. Comments containing any of the following inappropriate forms of
content shall not be permitted on the City of Norwood social media sites
and are subject to removal and/or restriction:
1. Comments not related to the original topic, including random or
unintelligible comments;
2. Profane, obscene, violent, or pornographic content and/or
language;
3. Defamatory or personal attacks;
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4. Threats to any person or organization;
5. Comments in support of, or in opposition to, any political
campaigns or ballot measures;
6. Solicitation of commerce, including but not limited to
advertising of any business or product for sale;
7. Conduct in violation of any federal, state or local law;
8. Encouragement of illegal activity;
9. Information that may tend to compromise the safety or security
of the public or public systems, or content that violates a legal
ownership interest, such as a copyright, of any party;
10. Repetitive or duplicative posts by single or multiple users.
iv. A comment posted by a member of the public on any City of Norwood
social media site is the opinion of the commentator or poster only, and
publication of a comment does not imply endorsement of, or agreement
by, the City of Norwood, nor do such comments necessarily reflect the
opinions or policies of the City of Norwood.
v. The City of Norwood reserves the right to deny access to City of
Norwood social media sites for any individual, who violates the City of
Norwood’s Social Media Policy, at any time and without prior notice.
vi. The City shall monitor their social media sites for comments requesting
responses and for comments in violation of this policy.
vii. When a City of Norwood employee responds to a comment, in their
capacity as a City of Norwood employee, the employee’s name and title
should be made available, and the employee shall not share personal
information about themselves, or other City employees.
viii. All comments posted to any City of Norwood Facebook sites are bound
by Facebook’s Statement of Rights and Responsibilities and the City of
Norwood reserves the right to report any violation of Facebook’s
Statement of Rights and Responsibilities to Facebook with the intent of
Facebook taking appropriate and reasonable responsive action.

F.

Employees on their personal social media shall not imply they are speaking on behalf of
the City and shall include a disclaimer when speaking on certain matters affecting the City
or the employee’s employment.

G.

Confidential Information: An employee shall not disclose any work-related confidential or
proprietary information on any social networking website, blog, or other internet forum of
communication. This can include information that may eventually be obtained through a
valid public record’s request.
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H.

Employees found to have violated any part of this policy may be subject to discipline up to
and including termination.

I.

Any deviation from the above policy shall be approved by the City.

J.

Any questions regarding the policy should be directed to the employee’s immediate
supervisor.

CREDIT AND PROCUREMENT CARD USE
A.

SECTION 6.11

PURPOSE
The purpose of this policy is to establish the procedure and protocol for the use of the City
procurement card, and other vendor supplied lines of credit (where applicable), to ensure
that a City-issued purchasing card is closely monitored to provide for maximum security,
and to guard against misuse and/or losses of public funds for which the City may be held
liable. This policy is meant to comply with the mandates of 2018 H.B. 312, Section 1,
enacted by the 132nd General Assembly and made applicable to the City as codified by
Ohio Revised Code Section 717.31. All lines of City credit are to be used solely for the
purpose of conducting City business and is not to be used at any time for personal expenses.

B.

ELIGIBILITY
The Appointing Authority or designee shall identify those employees whose day-to-day
responsibilities require access to credit in the above mentioned forms. In addition, the
Appointing Authority or designee shall determine the appropriate credit limit for those
individuals.
Personal use of City Credit and Procurement Card
1. Any use of the City procurement card or vendor supplied lines of credit for personal
purchases is strictly prohibited and unauthorized. Such misuse may result in
suspension or revocation of the employee’s authorization to use the City procurement
card and vendor supplied lines of credit, reimbursement to the City for unauthorized
expenses, disciplinary action and/or referral for criminal prosecution.
2. All acts of omission by an employee resulting in a failure to comply with any
provision of this Policy, including failing to immediately report a lost or stolen card,
shall qualify as misuse of a City credit or purchasing card account and will be subject
to appropriate action.

C.

POLICY
1. The policy and procedures related to the usage of City credit or procurement cards are
determined by the Auditor’s office. Application of the policy and procedures has been
set forth and will be applied to all employees when using City credit or procurement
cards.

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PWFA AND PUMP ACTS

SECTION 6.12

PREGNANT WORKERS FAIRNESS ACT
A. The Pregnant Workers Fairness Act (PWFA) is a federal law that, starting June 27, 2023
requires covered employers to provide “reasonable accommodations” to a qualified worker’s
known limitations related to pregnancy, childbirth, or related medical conditions, unless the
accommodation will cause the employer “undue hardship”. An undue hardship is defined as
causing significant difficulty or expense.
B. “Reasonable accommodations” are changes to the work environment or the way things are
usually done at work.
C. Possible accommodations include:
1.
2.
3.
4.
5.

Being able to sit or drink water
Receiving closer parking
Having flexible hours
Receiving appropriately sized uniforms and safety apparel
Receiving additional break time to use the bathroom, eat,
and rest
6. Taking leave or time off to recover from childbirth
7. Being excused from strenuous activities and/or exposure to
chemicals not safe for pregnancy
PUMP ACT
A. The 2022 Pump Act requires employers to provide a reasonable break time for an employee to
express breast milk for her nursing child in a space for one (1) year after the child’s birth each time
the employee has the need to express milk. Employers must provide a functional place, available
whenever needed, other than a bathroom, that is shielded from view and free from intrusion of
coworkers and the public to be used by an employee to express the breast milk. An appropriate
lactation space would include a chair, table, electric outlet, adequate ventilation, and ideally a sink
or sanitizing wipes. The City of Norwood intends to comply with this requirement so long as it
does not impose an undue hardship. Employees requiring such time shall contact their department
head.
B.

Employees shall be allowed access to a nearby clean and safe water source and a sink for
washing hands and rinsing out any breast-pump equipment.

C.

Employees shall have access to hygienic/refrigerated storage alternatives for the mother to
store her breast milk.

IDENTITY THEFT PROTECTION
A.

SECTION 6.13

Purpose: The risk to the City, its employees, and customers from data loss and identity
theft is of significant concern to the City and can be reduced only through the combined
efforts of every employee and contractor. The City adopts this sensitive information policy
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to help protect employees, customers, contractors, and the municipality from damages
related to the loss or misuse of sensitive information.
B.

Scope: This policy applies to employees, contractors, consultants, temporary workers, and
other workers at the municipality, including all personnel affiliated with third parties.

C.

Definition of Sensitive Information: Sensitive information includes the following items
whether stored in electronic or printed format:
1.

Credit card information, including any of the following:
•
•
•
•

2.

Tax identification numbers, including:
•
•
•

3.

Credit card number (in part or whole)
Credit card expiration date
Cardholder name
Cardholder address

Social security number
Business identification number
Employer identification numbers

Payroll information, including, among other information:
•
•

Paychecks
Pay stubs

4.

Cafeteria plan check requests and associated paperwork

5.

Medical information for any employee or customer, including but not limited to:
•
•
•
•

6.

Doctor names and claims
Insurance claims
Prescriptions
Any related personal medical information

Other personal information belonging to any customer, employee, or contractor,
examples of which include:
•
•
•
•
•
•

Date of birth
Address
Phone numbers
Maiden name
Names
Customer or account number

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7.

D.

E.

PERSONNEL PROCEDURES
Municipal personnel are encouraged to use common sense judgment in securing
confidential information to the proper extent. Furthermore, this section should be
read in conjunction with the Ohio Public Records Act and the municipality’s open
records policy. If an employee is uncertain of the sensitivity of a particular piece
of information, he/she should contact their supervisor.

Hard Copy Distribution: Each employee and contractor performing work for the
municipality will comply with the following policies:
1.

File cabinets, desk drawers, overhead cabinets, and any other storage space
containing documents with sensitive information will be locked when not in use or
in locked room with limited authorized access only.

2.

Storage rooms containing documents with sensitive information and record
retention areas will be locked at the end of each workday or when unsupervised.

3.

Desks, workstations, work areas, printers, and fax machines, and common shared
work areas will be cleared of all documents containing sensitive information when
not in use.

4.

Whiteboards, dry-erase boards, writing tablets, etc. in common shared work areas
will be erased, removed when not in use if containing sensitive information.

5.

When documents containing sensitive information are discarded, they will be
immediately shredded. City records, however, may only be destroyed in
accordance with the City’s records retention policy.

Electronic Distribution: Each employee and contractor performing work for the
municipality will comply with the following policies:
1.

Internally, sensitive information may be transmitted using approved municipal email. All sensitive information must be encrypted when stored in an electronic
format.

2.

Any sensitive information sent externally must be encrypted and password
protected and only to approved recipients. Additionally, a statement such as this
should be included in the e-mail:
“This message may contain confidential and/or proprietary information and is
intended for the person/entity to whom it was originally addressed. Any use by
others is strictly prohibited.”

F.

Duty to Report Suspicious Fraudulent Activity. All employees have a duty to identify and
report any suspected fraudulent activity by another employee, customer, contractor, or
vendor. Once potentially fraudulent activity is detected, an employee shall:
1.

Gather all related documentation and write a description of the situation. Present
this information to the department head or other designated authority.
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2.

The department head or other designated authority will determine whether the
attempted transaction was fraudulent or authentic.

3.

If a transaction is determined to be fraudulent one or more of the following actions
will be taken:
(a)

the transaction will be canceled;

(b)

the appropriate law enforcement agency will be notified;

(c)

the City’s law director will be contacted and the extent of the City’s liability
be assessed; and

(d)

the actual customer who’s identify may have been compromised will be
notified that a fraud has been attempted.

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY
ACT (HIPAA)

SECTION 6.14

PURPOSE
To identify the responsibilities of the City of Norwood under the privacy regulations issued by the
US Department of Health and Human Services through the Health Insurance Portability and
Accountability Act of 1996 (HIPAA).
A.

POLICY
1.

Protected Health Information: The City must ensure the privacy of “protected
health information.” This term is defined as information that:
a.

Is created or received by an Employer;

b.

Relates to an individual’s health, provision of care or payment for care;
and

c.

Identifies or could reasonably be used to identify the individual.

Protected health information (PHI) includes such information maintained or transmitted in
any form. Thus, electronic information, paper records and oral communications are all
subject to the privacy rules.
B.

PROCEDURE
1.

Disclosing Health Information: Subject to certain exceptions, the City may not use
or disclose protected health information (PHI) for purposes other than for treatment,
payment or health care operations without the employee’s consent. When it is
necessary to release PHI, the City will comply with the standards and procedures
set forth in the HIPAA regulations.
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When using or disclosing protected health information, the City will make every
reasonable effort to limit protected health information to the minimum necessary to
accomplish the intended purpose of the use, disclosure or request.

2.

A breach of patient confidentiality of protected health information (PHI) by an
employee may result in disciplinary action, up to and including termination of
employment.

NO EMPLOYEE EXPECTATION OF PRIVACY

SECTION 6.15

A.

Employees working for the City of Norwood should have no expectation of privacy from
the Employer or a representative of the Employer in regards to anything maintained or
stored in any desks, lockers, vehicles, equipment, or other items owned, rented, leased or
operated by the City. Such furniture, vehicles, equipment, etc. shall be subject to search
by the Employer or a designee at any time for any reason.

B.

Employees should also have no expectation of privacy from the Employer or a
representative of the Employer in regards to any information stored on or recoverable from
any computer, cell phone, I-pad, or other electronic device owned, rented, leased or
operated by the City or used by the employee in the conduct of his/her duties as a City
employee.

REMOTE WORK POLICY FOR CITY EMPLOYEES

SECTION 6.16

PURPOSE
The purpose of this Remote Work Policy is to establish guidelines and procedures for city
employees who may be eligible to work remotely when deemed appropriate and approved. Remote
work is not considered typical for the City but allowed when approved within reason. Remote
work offers flexibility for certain circumstances while maintaining the quality of service to the
community. This policy outlines the expectations, responsibilities, and procedures related to
remote work arrangements for city employees.
A.

POLICY

1. Eligibility
a. Remote work eligibility is determined by the employee's Appointing Authority
and approved through memo to employee and copied to HR for personnel file that
includes approved remote schedule.
b. Eligibility criteria may include job function, performance, accessibility, and
operational requirements.

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c. Not all positions may be suitable for remote work due to the nature of the work or
operational needs
d. Random one day remote requests do not qualify for remote work. Appointing
Authorities may approve occasional remote days based on need of department and
employee without official memo.
2. Remote Work Arraignment
a. Remote work may be either of a consecutive or multi-day nature, temporary or
permanent, depending on departmental and operational requirements.
b. Employees approved for remote work must adhere to their regular work schedule
unless otherwise agreed upon with their Appointing Authority.
c. Employees must ensure that they have access to necessary equipment, technology,
and resources to fulfill their job responsibilities remotely. This may be employer
provided.
d. At times the employee may be required on a remote day to come into the worksite
for such things as in person meetings and other projects. The expectation of on
site work is still in place and can be required at any time.
3. Work Environment and Safety
a. Employees are responsible for ensuring a safe and suitable work environment at
their remote location.
b. Employees must comply with all health and safety regulations applicable to their
remote work environment.
c. Any injuries sustained during remote work must be reported promptly in
accordance with city policies.
4. Communication and Collaboration
a. Employees are expected to maintain regular communication with their
supervisors and colleagues while working remotely.
b. Meetings, both internal and external, may be conducted virtually using
approved communication and collaboration tools.
c. Employees should respond promptly to emails, calls, and messages during
their designated work hours.
5. Data Security and Confidentiality
a. Employees must adhere to all city policies and procedures related to data
security and confidentiality.
b. Confidential information must be handled securely and not disclosed to
unauthorized individuals.

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c. Employees should use encrypted and secure channels when accessing city
data and systems remotely.

6. Performance and Accountability
a. Remote work arrangements are subject to ongoing performance evaluation
and may be adjusted or terminated at any time for any legal reason or for no
reason.
b. Employees must meet the same performance standards and expectations as
when working on-site.
7. Termination of Remote Arrangement
a. Remote work arrangements may be terminated by either the employee or the
city at any time, for any legal reason or for no reason.
8. Policy Acknowledgement
All employees approved for remote work must acknowledge receipt and
understanding of this Remote Work Policy. Failure to comply with the provisions
outlined in this policy may result in disciplinary action, up to and including
termination of employment.

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CHAPTER 7

EMPLOYEE CONDUCT

ETHICS IN PUBLIC EMPLOYMENT AND
PUBLIC ACCOUNTABILITY
A.

SECTION 7.01

POLICY
1.

All employees are expected to maintain the highest possible ethical and moral
standards and to perform within the laws of the State of Ohio and other rules and
regulations as may be set forth by the Employer. It is important to remember that
the compensation of all employees is paid through taxes and user fees. Therefore,
each employee assumes the responsibility to serve the public in an honest, effective
and friendly manner.

2.

In recognition of same, no employee shall:
a.

Use their position for personal gain or engage in any transaction which is in
conflict with the proper discharge of the employee’s official duties.

b.

Use or disclose confidential or proprietary information concerning the
property, government or affairs of the City without proper legal
authorization.

c.

Solicit or accept anything of value, whether in the form of service, loan,
item, or promise from any person, firm, or corporation which is interested
directly or indirectly in any manner whatsoever in business dealings with
the City.

d.

Accept from any person, firm, or corporation doing business with the City,
any material or service for the private use or benefit of the employee.

e.

Engage in or accept private employment or render services for private
interests when such employment or service is incompatible with the proper
performance of the employee’s official duties or would tend to impair
independent judgment or action in the performance of official duties.

f.

While an employee, or for one (1) year thereafter, represent another person
before a public agency on any matter in which the employee personally
participated as an employee.

g.

Receive or agree to receive outside compensation for services rendered in a
matter before any office or department of the City unless excepted as
provided in O.R.C. Section 102.04.

h.

Have a personal interest in a contract with the City or use their position or
authority to secure approval of a public contract in which the employee, a
member of the employee’s family or business associate has an interest.

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B.

EMPLOYEE CONDUCT

PROCEDURE
1.

Any employee in doubt as to the application of this Section or other ethics laws or
regulations may seek the advice of the Ohio Ethics Commission.

2.

Employees shall be provided with a copy of Ohio’s Ethics Laws, O.R.C. Section
102, at commencement of employment.

3.

For purposes of public accountability, all employees, including overtime exempt
employees, are expected to work a regularly scheduled work week. Public
employees are expected to expend funds solely for authorized expenditures,
whether in the scope of employment or otherwise.

TARDINESS
A.

SECTION 7.02

POLICY
1.

Habitual tardiness is inexcusable and shall not be tolerated. Tardiness is defined
as any situation where an employee reports to work after the employee’s
scheduled starting time, and such tardiness is not excused. Employees who are
tardy shall not be paid for the period of time the employee is tardy.

2.

The discipline policy and procedures will be applied as required and outlined in
Chapter 8 for habitual tardiness.

ABSENTEEISM AND NOTIFICATION OF ABSENCE
A.

SECTION 7.03

POLICY
1.

.Each employee is expected to report to work each workday and maintain a good
attendance record. Employees who are unable to report to work must notify their
supervisor by phone as soon as possible, providing the reason for the absence and
an estimated date of return.

2.

Absenteeism increases the workload of other employees and affects the quality of
public services. An employee is absent for purposes of this section if they fail to
report to work for an entire workday or leave work prior to the scheduled quitting
time, and such absence has not been excused (as defined below) or for which the
payment of sick leave as defined in this manual has been denied. In addition to not
being paid for the time absent (to the next quarter (¼) hour), employees shall be
subject to discipline as outlined in Chapter 8.
Any employee who fails to report to work as scheduled without having such
absence approved in advance by the Employer (i.e., vacation, court leave, military
leave, etc.) or without proper notice shall be considered absent without approved
leave. Any employee absent without approved leave shall be subject to disciplinary
action.
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3.

Employees may be excused for absences for legitimate reasons if the notification
procedures contained herein and otherwise in this manual are met. The Employer
reserves the right to deny approval of otherwise legitimate excuses for employees
who demonstrate a pattern of such absences.

4.

Voluntary Resignation: If an employee fails to report to work at their regularly
scheduled time and remains absent for three (3) or more consecutive workdays
without reporting such absence, the Employer may deem such absence a voluntary
resignation.

PROCEDURE
1.

Notification: Absent employees must report to the employee’s supervisor or
designee by one (1) hour before the employee’s scheduled starting time on each
day of absence, and explain the reason for the absence. Upon return to work, the
employee shall report to the employee’s department head to further explain the
reason for the absence and to provide all documentation required to substantiate the
absence. If medical in nature, collection of medical slips should be done by the HR
office to protect confidentiality and related policy and regulations

2.

Application of Discipline: This is applied as outlined in Chapter 8.

3.

Voluntary Resignation Procedure: If an employee fails to report to work at their
regularly scheduled time and remains absent for three (3) or more consecutive
workdays without reporting such absence, the Employer will attempt to contact the
employee at their last known address and notify them that failure to immediately
return to work will be deemed a voluntary resignation of their position. If the
Employer cannot locate the employee, or if the employee, after notification, fails to
return to work, the Employer will deem such action a voluntary resignation and will
remove the employee from the payroll. Any such employee may be reinstated with
acceptable explanation to the Appointing Authority and Civil Service Commission
within thirty (30) days.

SOLICITATION AND DISTRIBUTION

SECTION 7.04

Non-solicitation/Distribution: Solicitation is the act of requesting an individual to purchase goods,
materials or services, or a plea for financial contribution. Distribution is an act of distributing
goods, materials and/or written literature. There shall be no solicitation or distribution by nonemployees at any time on any Employer property or in any work area. This section shall not apply
to vendors.
PERSONAL APPEARANCE/DRESS CODE
A.

SECTION 7.05

The Employer reserves the right to prescribe appropriate dress and grooming and to set
standards which are deemed to be in the Employer’s best interest. Appropriate dress codes
will be established by the Appointing Authorities and Supervisors of each department.
Departmental dress codes will be disseminated by the Appointing Authority or designee to
staff so employees are aware of expectations.
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B.

The Employer requires that an employee’s clothing, grooming and overall appearance be
appropriate, in good taste, present a favorable public image and be in conformity with
regulations established by the Employer due to the specialized nature of service provided
or the employment position maintained. Each Appointing Authority may prescribe
appropriate dress and grooming standards which may differ from what has been prescribed
City-wide.

C.

Clothing shall be conducive to the safe and effective performance of required job duties.

DRUG AND ALCOHOL-FREE WORKPLACE
A.

SECTION 7.06

POLICY
1. The City of Norwood, Ohio is committed to upholding legal, ethical, and moral
responsibilities in its governance and ensuring a safe and healthy workplace for its
employees. This includes addressing the risks of substance abuse and its potential harm
to employees, the City, and its citizens. Compliance with this policy is required for all
City employees, and the City is dedicated to protecting the safety, health, and well-being
of its employees and the community.
2. Likewise, it is the City’s additional purpose(s) and intent to accomplish the following
with the establishment of this policy:
a. To comply with Federal Department of Transportation regulations regarding
employees holding a Commercial Drivers Licenses (CDL).
b. To comply with all applicable federal and state laws and regulations.
c. To reduce the number of accidents and injuries to employees, other persons and
property.
d. To reduce absenteeism and tardiness, and to increase the productivity of all
employees of the City
e. To help ensure the reputation of the City as a whole and of the City’s employees
throughout the community.
f. It is with these stated goals in mind that the City issues this policy, declaring itself a
Drug and Alcohol-Free Workplace and hereby issues these accompanying rules
regarding drug and alcohol use in the workplace for the City.
3. Additionally, the unlawful manufacture, distribution, dispensation, possession, or use of
alcohol or a controlled or illicit substance is prohibited in the workplace.

B. Definitions
1. Accident-- an unexpected and undesirable event resulting in damage or harm. For the
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purposes of this policy, the resulting damage or harm may constitute an injury which
requires off-site medical attention be given to a person or damage to one or more motor
vehicles incurring disabling damage as a result of the accident, requiring the motor
vehicle to be towed away from the scene; or other property damage beyond minimal
repairs.
2. Alcohol-- means any intoxicating agent in beverage alcohol, ethyl alcohol, or other low
molecular weight alcohols, including methyl or isopropyl alcohol. This includes overthe-counter and prescribed medications which contain more than one-half (1/2) of one
percent (1%) of alcohol by volume.
3. Alcohol Testing-- the testing for alcohol content by Breath-Testing Device or other
Department of Transportation (DOT) approved device. DOT approved devices and
procedures will also be used for non-DOT alcohol tests
4. Drug-- means a controlled substance as defined as a drug, compound, mixture,
preparation or substance including but not all inclusive in the following and also
defined by law:
•
•
•
•
•
•
•
•
•
•
•
•

Amphetamines
Cannabanoids (THC)
Cocaine
Opiates
Phencyclidine (PCP)
Benzodiazepines
Proproxyphene
Methaqualone
Methadone
Barbiturates
Synthetic Narcotics
Illicit and volatile Substances as defined in law and statue.

5. Drug or Alcohol Rehabilitation Program-- means a service provider that provides
confidential, timely, and expert identification, assessment, treatment and resolution of
employee drug or alcohol abuse.
6. Drug Test-- means a chemical, biological, or physical instrumental analysis
administered by a qualified laboratory, for the purpose of determining the presence or
absence of a drug or its metabolites or alcohol.
7. Employee Assistance Program (EAP)-- means an established program providing:
a. Professional assessment of employee personal concerns.
b. Confidential and timely services to identify employee alcohol or drug abuse.
c. Referrals of employees with alcohol or drug abuse issues for appropriate diagnosis,
treatment, and assistance.
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d. Follow-up services for employees who participate in a drug or alcohol rehabilitation
program and are recommended for monitoring after returning to work.
8. Illicit Substance-- means those prescription drugs used illegally or in excess of
therapeutic levels as well as illegal drugs.
9. Medical Review Officer (MRO)-- means a licensed physician with knowledge of
substance abuse disorders, laboratory testing, and chain of custody collection
procedures, and who has the ability to verify positive, confirmed test results. The MRO
shall possess the necessary medical training to interpret and evaluate a positive test result
in relation to the person’s medical history or any other relevant biomedical information.
10. Qualified Laboratory—Outside vendor must meet quality assurance and chain-ofcustody requirements, including completing Chain of Custody forms for specimen
collection and testing. Such vendor must comply with all confidentiality requirements.
11. Reasonable Suspicion-- as used in this policy, the term reasonable suspicion means, a
belief that an employee is using or has used drugs or alcohol in violation of this policy,
drawn from specific, objective and articulable facts and reasonable inferences drawn
from those facts in light of experience, training, or education.
12. Refusal to Submit-- means the failure to provide adequate breath for testing without a
valid medical explanation after the employee has received notice of the requirement for
breath testing; or, the failure to provide adequate urine for controlled substances testing
without a valid medical explanation after the employee receives notice of the
requirement of urine testing; and/or engaging in conduct that clearly obstructs the testing
process.
13. Safety Sensitive Position(s) -- Those jobs, position, work-related function, or job task
designated as such by the employer, which through the nature of the activity could be
dangerous to the physical well-being of or jeopardize the security of the employee, coworkers, customers or the general public.
14. Substance Abuse Professional-- A licensed or certified psychologist, social worker,
employee assistance professional or addiction counselor with knowledge of and clinical
experience in the diagnosis and treatment of alcohol and controlled substance-related
disorders.
15. Volatile Substance-- means any glue, cement, paint or other substance of similar nature.
C. Applicability
1. This policy applies during all working hours, while on call or paid standby and while
performing work on behalf of the City while on or off City property.

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D. Policy Requirements
1. The City shall conduct substance abuse awareness training for all employees. This substance
abuse awareness training shall consist of the following minimum requirements:
a. New Hire orientation will include review of the policy and if supervisor position
the roles and responsibilities of the position as related to the drug work place
policy. Training on awareness of substance abuse problems, reporting and
resources will be included in this orientation.
Public Employees Assistance Program (PEAP), alcohol and substance abuse
awareness training will be established and administered by the HR department
for all new hires and employees as needed or required by BWC guidelines.
b. Supervisory personnel shall receive training at least one hour of training related
to drug and alcohol awareness and abuse recognition and skill building to teach
a supervisor how to observe and document employee behavior and intervene
when reasonable suspicion exists of substance use as needed and following
BWC guidelines. Refresher training will be offered as needed. The City will
determine vendor or best options for this training.
Note: The City’s Drug & Alcohol-Free Workplace Program shall include controlled-access maintenance
in the Human Resources Department, of business records including the names and position titles of all
employees and supervisory personnel trained under the program as described above, and the names of all
persons who presented alcohol and substance abuse awareness training.
Note: Should any portion of this policy dealing with the actual administration of this policy be amended,
employees shall be provided with copies of any administrative change or modification and given an
opportunity to ask questions and obtain answers regarding any administrative change(s) in this policy.

E. Drug and Alcohol Testing
1. The City currently will determine a laboratory of choice for the collection of urine samples
in the case of testing for controlled substances, and for the administration of breathalyzer
tests for alcohol concentration. The same applies to the City’s third-party administrator of
choice for the random selection category of testing. The vendor will be known to
employees and notification made if need for a change. The vendor is responsible for
management of specimen and related items.
2. ODAC Onsite Drug and Alcohol Collection Service is considered preferred Qualified
Laboratory outside regular business hours vendor.
3. Alternate Qualified Laboratories are permissible in emergency situations where preferred
vendors are not reasonable available.
4. Preferred Drug Testing Vendor may be changed as needed but changes will be
communicated with all employees.
5. Any Employee being required to test or remain available for a test shall be considered onduty and compensated at the appropriate rate of pay.
6. The City shall administer alcohol and drug tests in circumstances which include:
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a) Pre-Employment Testing
Breath alcohol and urine drug testing shall be required of all applicants after their receipt of a
conditional offer of employment.
After receiving the conditional offer of employment, applicants will have 48-hours to submit to
testing at the current City testing facility. Each offer of employment by the City shall be
conditional upon the passing of controlled substance and alcohol tests.
Refusal by any applicant for employment with the City to take the controlled substance test will
result in the conditional offer of employment being withdrawn. All testing under this policy will
be in accordance with Testing Protocols described elsewhere in this policy.
1. An applicant with a confirmed positive test for controlled substances and/or alcohol in a
concentration of 0.04 or greater, (.02 if CDL is required as a condition of the position)
which is not legitimately explained to and accepted by a Medical Review Officer of the
City’s choosing, shall not be considered for employment.
2. Any applicant who fails a controlled substance test shall not be considered for future
employment with the City.
3. Any applicant who refuses to take a controlled substance test shall be disqualified from
future consideration for employment.
4. Any applicant who tampers with, or attempts to tamper with, a urine specimen in any
manner shall be disqualified from current and future consideration of employment with the
City.
5. An applicant whose positive test is confirmed and upheld by the Medical Review Officer
(MRO) may request that the same sample be retested at the employee’s expense at a City
approved laboratory.
6. Individuals undergoing pre-employment testing shall not begin official employment with
the City until after all test results are received and shown to be negative. Upon receipt of
the test result, positive or negative, the City designee shall inform the appropriate
Department Head of the results.
b) Reasonable Suspicion Testing
A reasonable suspicion test shall be based on a belief that an employee is using
or has used drugs or alcohol in violation of this policy, drawn from specific
objective facts and reasonable inferences drawn from those facts in light of
experience, training or education. The reasonable suspicion testing shall be
based upon:
1. Observable behavior, such as direct observation of drug or alcohol use,
possession or distribution, or the physical symptoms of being under the
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influence of drugs or alcohol, such as, but not limited to, slurred speech,
dilated pupils, odor, dynamic mood swings,
2. A pattern of abnormal conduct or erratic behavior which appears to be
related to substance use or misuse and does not appear to be attributable
to other factors;
3. The identification of an employee as the focus of a criminal
investigation into unauthorized drug possession, use or trafficking;
4. A report of alcohol or other drug use provided by a reliable and credible
source;
Determination and Process for Reasonable Suspicion Testing:
1. The observing Supervisor/ Managements shall obtain the assistance
of the Safety Service Director, the Department Head, HR Director or
another supervisor to determine and confirm reasonable suspicion and
the need for testing.
2. If it is determined that there is in fact, reasonable suspicion that the
employee is under the influence of drugs and/or alcohol, the observing
Supervisor or his/her designee will notify the employee and remove
them from duty immediately and accompany him/her to the testing
site. If not on duty and reasonable suspicion concern, the supervisor
with HR assistance will make determination of timing.
3. The Appointing Authority or his/her designee and the Human
Resource Director shall be notified immediately of any indication of
reasonable suspicion by the Department Head or his/her designee.
4. Both the observing Department Supervisor and the Appointing
Authority or his/her representative will review the policies and
procedures herein and if necessary, make arrangements with the
testing facility to conduct reasonable suspicion drug and/or alcohol
testing.
5.

The observing Supervisor and/or designee shall accompany him/her
to the testing site and remain at the testing site with the employee
being tested, until the collection process is completed. Any employee
who is tested for reasonable suspicion shall be placed on leave with
pay until the results of the test are known. After submitting to the
drug/alcohol test, the employee may not return to work until the
results of the test are known and only then if the results are negative.
Only the Appointing Authority, or his/her authorized designee may
order a reasonable suspicion test.

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3. Post- Accident Testing
a) Drug and alcohol testing will be conducted following an employee’s
involvement in an accident on or off the City’s premises while on
duty, or in the course of employment for the City, of which one or
more of the following:
•
•
•

The accident involves the loss of human life or bodily injury to any
person who, because of the injury, receives emergency medical
treatment requiring off-site medical attention; or
The employee receives a citation under state or local law for a moving
traffic violation arising from the accident or;
One or more motor vehicles incurring disabling damage as a result of
the accident, requiring the motor vehicle to be towed away from the
scene; or other property damage beyond minimal repairs.

b) Some accidents may not require post-accident drug testing as follows:
1. The Injury was not serious even though off-site medical attention was
required; (example: minor cut requiring a tetanus shot)
2. The nature of the injury is common to the employee’s job function;
3. There was no violation of work rules;
4. There was no reasonable suspicion indicated by the accident
investigation.
5. No-fault accidents such as animal strikes while driving, windshield
strikes/ breaks and, slip and trip on wet floor or uneven surfaces and a
similar would not require drug screening if determined by appointing
authority or designee as not needed.
c) An employee involved in an accident while on an out-of-town
assignment, shall notify his/her Supervisor or designee as soon as
possible but no later than two (2) hours after the accident occurred.
The Supervisor shall notify the Appointing Authority and HR or
his/her designee to discuss possible drug/alcohol testing requirements.
4. Return-To Duty Testing
a) The employee may resume regular duties only after the employee tests
negative in an alcohol and/or controlled substance test administered by
the approved testing site and/or can provide a release to return to work
from an appropriate substance abuse treatment facility or confirmation
of continued and on-going participation in a recognized substance abuse
assistance program if applicable. An employee must test negative within
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a reasonable period of time from receipt of the initial test results not to
exceed forty-five (45) days.

5. Testing ProtocolThe collection of samples and administration of drug and alcohol tests shall follow all current
federal Department of Health and Human Services or mutually agreed upon standards,
procedures and protocols set forth by this policy. Test results will be obtained by a qualified
laboratory as defined elsewhere in this policy and results shall undergo a medical review
as follows:
a) All test results shall be submitted for medical review by a Medical Review
Officer (MRO) of the Qualified Laboratory, who shall consider the medical
history of the employee or applicant, as well as relevant biomedical information
and workplace exposure.
b) If there is a positive test result, the employee or applicant shall be given an
opportunity to report to the MRO the use of any prescription or over-the-counter
medication and documented workplace exposure.
c) If the MRO determines that there is a legitimate medical explanation for a
positive test result, the MRO may certify that the test results do not indicate the
unauthorized use of alcohol or a controlled substance. The employer receives a
negative result.
d) If the MRO determines, after appropriate review, that there is not a medical
explanation for the positive test result other than the unauthorized use of alcohol
or a prohibited drug, the MRO shall refer the individual tested to the HR Director
or his/her authorized representative for further proceedings in accordance with
this Drug Free Workplace Policy.
6. The testing process is as follows:
a) Any employee who has been ordered to undergo testing for drugs and/or alcohol
shall receive a notice from Supervisor if reasonable suspicion. Accident/ Injury
should follow policies set forth in this document.

b) Employees shall report to the collection site within 60 minutes after being provided
the notification to test. In the case of reasonable suspicion testing, a supervisor or
designee shall escort the employee to the collection site. Drug testing shall be
conducted by urine sample while alcohol testing shall be performed using a breath
alcohol testing/screening device. Drug and alcohol analysis shall be performed by a
trained technician. All testing shall follow the prescribed standards, procedures and
protocols set forth by testing site.
c) To ensure that the test specimen is actually that of the donor, collection site staff
shall require positive identification of the test subject.

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d) Alcohol
The City shall require all tests for alcohol to be performed by a certified Breath
Alcohol Technician (BAT). A confirmatory evidential breath test (EBT) result
of no more than 0.04 breath alcohol concentration is considered a positive result.
e) Drugs
An eleven-panel urine test shall be conducted and shall include analysis for the following
substances with non- DOT cut off levels:
1. Amphetamines; 500 ng/ml

( nanograms per milliliter)

2. Cannabinoids/THC; 50 ng/ml
3. Cocaine; 300 ng/ml
4. Opiates; 2000 ng/ml
5. Phencyclidine (PCP); 25 ng/ml
6. Benzodiazepines; 300 ng/ml
7. Propoxyphene; 300 ng/ml
8. Methaqualone; 200 ng/ml
9. Methadone; 300 ng/ml
10. Barbiturates; 300 ng/ml
11. MDMA/ MDA (; 50ng/ml
* DOT cut off levels may vary then above and testing site will use those for CDL/ DOT
f) If an employee receives a positive result on a drug or alcohol screening, the
employee may request an immediate additional blood test, provided the
employee has not left the custody of the testing contractor.
1. All testing will be conducted in accordance with the City’s established
testing protocols, which shall govern the administration of the initial
screening and any subsequent or confirmatory testing. The City may take
appropriate action based on the initial test results in accordance with this
policy, and such action will remain in effect pending the outcome of any
additional or confirmatory testing.
2. Following completion of the screening process, including any additional or
confirmatory testing, the City may consider the results of any additional
testing when determining appropriate employment action; however, such
results do not supersede or invalidate the City’s testing protocols or the
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initial test results, and should not be interpreted as overriding the City’s
authority under this policy.
3. Any additional testing requested by the employee beyond the initial
screening will be at the employee’s expense.

1. Prohibited activities involving the use of alcohol or controlled substances are listed in the
following paragraphs.
1. Alcohol
Prohibited conduct involving the use of alcohol includes the following:
a) The performance of or being immediately available to perform work
duties while having an alcohol concentration greater than 0.04.
b) The consumption of alcohol or products containing alcohol during the
performance of or being immediately available to perform work
responsibilities.
c) The performance of those responsibilities designated as Safety
Sensitive, within four hours after using alcohol.
d) The transportation of alcoholic beverages within City owned vehicles
or equipment is strictly prohibited.
e) The use of alcohol for eight hours immediately following an accident
requiring a post-accident alcohol test or until a post-accident test is
administered, whichever occurs first.
f) Refusal (which is defined elsewhere in this policy), to submit or
cooperate with any of the required testing types.
g) The operation of a City-owned vehicle following consumption of
alcoholic beverages may be considered a violation of this policy and
may result in disciplinary action which may include termination of
employment.
h) Alcoholic beverages in open or closed containers are strictly prohibited
in City owned vehicles and equipment. Exceptions may apply if in
vehicle due to in course of responsibilities such as evidence for police.
Note: Alcohol includes any intoxicating agent in beverage alcohol, methyl, and isopropyl alcohol
whether used for medicinal purposes or not. Many over-the-counter and prescription
medications contain high percentages of alcohol their use and effects relating to a positive
test should be discussed with MRO in the event of a positive test.

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2. Drugs or Controlled Substances
Prohibited conduct involving the use of drugs or controlled substances includes, but
may not be limited to the following:
a) The illegal or unauthorized use of prescription drugs is strictly prohibited. It
is a violation of the City’s Drug Free Workplace Policy to intentionally
misuse and/or abuse prescription medications.
All doctors’ statements and related medical information shall be confidential and
maintained in a separate medical file in the Human Resources Department.
b) Testing positive for any of the prohibited substances at levels outlined in
Policy during the performance work responsibilities.
c) Refusal (as defined elsewhere in this policy) to cooperate with any of the
requested testing types.
d) Tampering with or attempting to alter, or actual altering of a test specimen
is strictly prohibited and is grounds for immediate termination from
employment with the City if found guilty after required disciplinary
procedures
3. Volatile Substances
a) The intentional misuse, manufacture, sale, distribution, dispensation, or possession
of a volatile substance as defined by law which includes any glue, cement, paint or
other substance containing a solvent or chemical having the property of releasing
toxic vapors or fumes which when intentionally inhaled may cause a condition of
intoxication, inebriation, stupefaction, dulling of the brain or nervous system, or
distortion or disturbance of auditory, visual, or mental processes while at work,
while on City property, or while conducting City business while off City property,
is strictly prohibited .
b) Such misuse shall also be reported to law enforcement officials.
G. Consequence of Engaging in Prohibited Conduct
Violating this policy may result in disciplinary action, up to and including termination. When an
employee engages in prohibited behavior involving drugs, controlled substances, or volatile
substances — and a reasonable suspicion, post-accident, or follow-up test is confirmed positive
by the Medical Review Officer (MRO) for a non-medical or non-biomedical cause the City will
review the circumstances and determine appropriate discipline. All provisions of this manual
shall be applied in conjunction with all relevant Civil Service rules and the terms of any
applicable Collective Bargaining Agreements.
In determining discipline for a first offense, the City will consider:
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•
•

•
•
•
•

EMPLOYEE CONDUCT

The seriousness of the violation
Whether the conduct created a safety risk including whether the employee’s impairment
or prohibited substance use placed themselves, coworkers, or members of the public at
risk of harm. Any conduct that compromises the safety of the public, interferes with
emergency response, or jeopardizes the safe operation of City equipment will be treated
as a serious factor in determining discipline.
The employee’s work history and prior performance
Whether the employee is willing to participate in evaluation, counseling, or treatment
recommended by a Substance Abuse Professional (SAP) as deemed appropriate.
Whether the employee self-reported concerns prior to the incident
Any known, documented exposure due to job duties

When appropriate and consistent with maintaining a safe workplace, the City may allow an
employee a last-chance opportunity that includes mandatory participation in treatment,
compliance with SAP recommendations, and follow-up testing. This option is not guaranteed and
will depend on the totality of the circumstances.
Employees with known exposure due to job duties will receive special consideration; however,
this does not limit the City’s right to impose discipline, including termination, for serious
misconduct associated with drug or alcohol use.
•

Secondary / Additional Offenses

After review, secondary or subsequent offenses are generally grounds for more serious
disciplinary action, up to and including termination. While the City will still consider the
circumstances of each case, repeated violations demonstrate a pattern of unsafe or unacceptable
behavior and will be treated accordingly.
Employees with known, reported exposure due to job duties will receive special consideration;
however, this does not limit the City’s right to impose additional discipline for severe or repeated
misconduct associated with drug or alcohol use.
H. Consequences of Refusal to Submit to an Alcohol or Controlled Substance Test
1. An employee is considered to have refused to submit to testing when he or she:
a) Fails to appear for any test within 60 minutes: or
b) Engages in conduct that clearly obstructs the testing process; or
c) Fails to provide enough urine for drug testing or an adequate amount of breath
for alcohol testing and there is no medical explanation for the failure to produce;
or
d) In the case of directly observed or monitored drug test collection, the employee
submitting the specimen fails to permit the observation or monitoring of his or
her provision of the specimen; or
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e) Fails to or declines to take a second drug test when directed by an employer or
collector allowable by this policy; or
f) Fails to undergo a medical examination or evaluation as directed by the MRO as
part of the verification process; or
g) Fails to cooperate with any part of the testing process.
2. Failure to submit to an alcohol or controlled substance test as described above will result in
immediate termination.
3. A judgment of “refusal to submit” will not apply to pre-employment testing, unless the
applicant has begun the testing process and leaves or engages in conduct that clearly
obstructs the testing process.
I. Employee Assistance Program
1. Alcoholism and controlled substance addiction are recognized as diseases responsive to
proper treatment. The City provides a level of care through its Public Employee Assistance
Program (PEAP).All employees shall be given information about PEAP including phone
numbers at the time of his/her orientation.
1. All employees are strongly encouraged to voluntarily contact the Employee
Assistance Program if they believe they might have a problem with drug or
alcohol abuse.
2. Other resources for information:
800 356-9996 ………………. Al – Aanon
800 527-5344 ………………..American Council on Alcoholism
800 662-4347 ………………..Center for Substance Abuse Treatment
3. If an employee covered by this policy has been identified by a Substance Abuse
Professional (SAP) as needing assistance in resolving problems associated with
alcohol or controlled substances, the employee shall be subject to follow-up
testing as prescribed elsewhere in this policy. The SAP shall be either a licensed
physician, certified psychologist, social worker, employee assistance
professional or addiction counselor.

4. Employees who voluntarily report a substance abuse problem prior to being
required to take a controlled substance or alcohol test as defined in this policy,
may not be subject to discipline if they have voluntarily and conscientiously
sought substance abuse assistance and have agreed to a treatment plan.
5. Once an employee falls into any one of the above categories, any attempts to
self-identify and enroll in appropriate substance abuse program will not
preclude disciplinary action proportional to the offense.

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J. Records Retention, Release and Confidentiality
1. The City shall maintain records of activities related to these Drug Free Workplace policies
and procedures. All employee records regarding drug or alcohol testing are considered
confidential and will be kept under controlled access, separate and apart from the
employee’s standard personnel file. Employee records may not be released except upon
written request of release by the employee, the release is ordered by a court or tribunal of
competent jurisdiction or the release is to be used in a proceeding related to a benefit sought
by the employee, such as worker’s compensation or unemployment insurance.
2. The City shall maintain records and documents of all alcohol and drug test results,
schedules for follow-up tests and records relating to evaluation and referrals as required.
K. City Financial Assistance
A. The City and/or Department dependent on how budget established will pay for all
conducted tests as described in this policy unless the employee seeks testing on
their own after two positives for same event. Employees may utilize all service
benefits available through the approved Employee Assistance Program (EAP) as
described elsewhere in this policy. However, any other services that may be
required by a Substance Abuse Professional which are not covered through the EAP
will require the use of the employee’s Health Insurance is required for treatment
relate to use/ abusive of any substance or if not covered by insurance at the cost of
the employee
L. Drug Free Workplace Policy Administration and Enforcement
A. It shall be the responsibility of the City or its authorized designee to administer and
enforce this policy.
B. This drug and alcohol-testing program was initiated at the request of the City. The
City assumes sole responsibility for the administration of this policy and shall be
solely liable for any legal obligations and costs arising out of the provisions and/or
application of this Contract relating to drug and alcohol testing.
C. The Union shall be held harmless for the violation or alleged violation of any
employee rights arising from the City's administration of the drug and alcoholtesting program.
M. Responsibility
A. All employees have an obligation to report violations of this policy to their
immediate Supervisors, Department Supervisors or to the HR department or his/her
authorized designee in order to maintain a safe and healthful work environment for
themselves, for their fellow employees and for the Public-at-Large.
B. Employees, upon conviction of criminal charges related to the use of drugs and
alcohol must report by the next scheduled workday.
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C. Additionally, all employees must immediately notify their Supervisor of a
suspension or termination of their motor vehicle operations license.
D. All Supervisors and Department Supervisors are responsible for the drug and
alcohol-free operation of their respective departments.
N. Amendments and Clarifiers
A. This Policy is in no way intended to supersede or waive any constitutional rights that
the employee may be entitled to under the Federal or State constitutions.
B. This Policy does not supersede requirements of employees falling under CDL/ DOT
regulations. Those that exceed this policy will be required of those employees.
C. The cost of drug and alcohol screens will not be the responsibility of the employee. Use
of an employee’s Health Insurance is required for treatment relate to use/ abusive of
any substance.
D. An employee's refusal or failure, when ordered, to promptly submit to a test permitted
by and properly ordered under the provisions of this Policy shall subject the employee
to discipline, but the employee's taking of the test shall not be construed as a waiver of
any objection or rights that they may possess. The principle of "obey and then grieve"
shall apply in the event of a dispute over whether a test is permitted and properly
ordered under this Policy.
E. Employees have the right for a Union representative to be present during any precollection interviews of employees intended to determine whether reasonable suspicion
or post-accident testing exists. Employees have the right to have a Union representative
accompany them to the testing location. The exercise of such right shall not
unreasonably delay the collection of the sample tests, "unreasonable delay" means
thirty (30) minutes or more.
GARNISHMENTS
A.

SECTION 7.07

POLICY
1.

A court ordered legal claim against the wages of an employee by a creditor for
nonpayment of a debt and served by the constituted legal authority is a garnishment
and must be recognized and executed by Human Resources.

POLITICAL ACTIVITY
A.

SECTION 7.08

POLICY
1.

General: All classified employees, including classified employees on authorized
leaves of absence from their positions, are prohibited by law from engaging in
certain political activity as identified herein. However, employees are encouraged
to exercise their constitutional right to vote.
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2.

EMPLOYEE CONDUCT
Prohibited Activities:
a.

Candidacy for public office in a partisan election;

b.

Candidacy for public office in a nonpartisan general election if the
nomination to candidacy was obtained in a partisan primary or through the
circulation of nominating petitions identified with a political party;

c.

Filing of petitions meeting statutory requirements for partisan candidacy to
elective office;

d.

Circulation of official nominating petitions for any candidate participating
in a partisan election;

e.

Service in an elected or appointed position in any partisan political
organization;

f.

Acceptance of a party-sponsored appointment to any office normally filled
by partisan election;

g.

Campaigning by writing for publications, by distributing political material
or by writing or making speeches on behalf of a candidate for partisan
elective office, when such activities are directed toward party success;

h.

Solicitation, either directly or indirectly, of any assessment, contribution, or
subscription, either monetary or in-kind, for any political party or political
candidate;

i.

Solicitation of the sale, or actual sale, of political party tickets;

j.

Partisan activities at the election polls, such as solicitation of votes for other
than nonpartisan candidates and nonpartisan issues;

k.

Service as witness or challenger for any party or partisan committee;

l.

Participation in political caucuses of a partisan nature; and

m.

Participation in a political action committee which supports partisan
activity.

Any employee in the classified service who engages in any of the activities listed
in paragraphs 2(a) to 2(m) of this rule is subject to removal from his or her position
in the classified service.
3.

Permissible Activities:
a.

Registration and voting;

b.

Expression of opinions, either oral or written;
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EMPLOYEE CONDUCT
c.

Voluntary financial contributions to political candidates or organizations;

d.

Circulation of nonpartisan petitions or petitions stating views on legislation;

e.

Attendance at political rallies;

f.

Signing nominating petitions in support of individuals;

g.

Display of political materials in the employee’s home or on the employee’s
property;

h.

Wearing political badges or buttons, or the display of political stickers on
private vehicles; and

i.

Serving as a precinct election official under Section 3501.22 of the Revised
Code.

PROCEDURE
1.

Any employee who desires to campaign for or accept appointment to political
offices which may not be considered partisan, and where no declaration of political
party affiliation is made (i.e., village councils, school boards, etc.) should notify the
Appointing Authority. A request for an opinion from the City Law Director as to
the legality of the employee campaigning for or holding any such offices, prior to
declaring candidacy, circulating petitions, or accepting the position may be made.
The decision of the City Law Director shall be final and binding on the employee.

2.

All employees must notify the Appointing Authority of any intent to declare and
campaign for a political office. If, in the opinion of the Appointing Authority, the
employee’s candidacy is in conflict with the employee’s current position, or is not
in the best interest of the City, the employee must take a leave of absence or resign.
The decision of the Appointing Authority shall be final.

WORKPLACE VIOLENCE
A.

SECTION 7.09

POLICY
1.

The safety and security of employees, clients, contractors and the general public
are of vital importance to the City of Norwood. Therefore, threats, threatening
behavior or acts of violence made by an employee or anyone else against another
person’s life, health, well-being, family or property will not be tolerated.
Employees found guilty of violence will be subject to disciplinary action up to and
including termination of employment.

2.

The purpose of this policy is to provide guidance to employees of the City of
Norwood, should they encounter a situation that they believe is or could result in
an act of violence. This policy does not apply to public safety employees

3.

The word “violence” in this policy shall mean an act or behavior that:
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4.

5.

EMPLOYEE CONDUCT
a.

is physically assaultive;

b.

a reasonable person would perceive as obsessive (e.g., intensely focused on
a grudge, grievance or romantic interest in another person and likely to
result in harm or threats of harm to persons or property);

c.

consists of a communicated or reasonably perceived threat to harm another
individual or in any way endanger the safety of another;

d.

would be interpreted by a reasonable person as carrying a potential for
physical harm to the person;

e.

a reasonable person would perceive as intimidating or menacing;

f.

involves carrying or displaying weapons, destroying property or throwing
objects in a manner reasonably perceived to be threatening; or

g.

consists of a communicated or reasonably perceived threat to destroy
property.

The Employer prohibits the following [except as required in the line of duty (i.e.,
law enforcement)]:
a.

Any act or threat of violence by an employee against another person’s life,
health, well-being or property.

b.

Any act or threat of violence, including, but not limited to, intimidation,
harassment or coercion.

c.

Any act or threat of violence which endangers the safety of employees,
clients, contractors or the general public.

d.

Any act or threat of violence made directly or indirectly by words, gestures
or symbols.

e.

Use or possession of a weapon on the Employer’s premises, on a City
controlled site or an area that is associated with employment.

The most common situations where workplace violence is likely to occur are as
follows:
a.

Dealing with the Public: Violent situations could occur in employee contact
with the public. While the Employer has a strong commitment to public
service, we do not intend for employees to be subjected to verbal or physical
abuse by members of the public.

b.

On-the-Job: Situations could occur where relationships between employees,
or between an employee and a supervisor, result in strong negative feelings
by the individuals involved.
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c.

6.

The possession or use of dangerous weapons is prohibited on Employer property,
in Employer vehicles, or in any personal vehicle which is used for Employer
business or is parked on Employer property, except as hereinafter provided.
a.

b.

B.

Off-the-Job: An employee could become involved in a personal noncriminal dispute with a co-worker, family member, or neighbor during the
employee’s non-working hours. The Employer prohibits any act of
violence by an employee towards any other person while off duty. If the
situation escalates, individuals sometimes secure restraining orders from the
courts. If an employee requests such a restraining order, the employee
should include the work location as well as the employee’s place of
residence in the order.

A dangerous weapon is defined as:
(1)

A loaded or unloaded firearm; or

(2)

A weapon, device, electronic stun weapon, chemical substance or
other material that in the manner it is used, or could ordinarily be
used, or is intended to be used, is readily capable of causing serious
bodily injury.

Exceptions: Individuals may possess a firearm on Employer property if the
individual is employed in the capacity of a law enforcement officer and is
engaged in law enforcement activities. Employees who possess a valid
permit to carry a firearm, if a firearm is brought on Employer property, must
keep the firearm unloaded and, in the employee’s, personal vehicle, which
shall be locked.

PROCEDURE
1.

Any person who makes substantial threats, exhibits threatening behavior or engages
in violent acts on the Employer’s property shall be removed from the premises as
quickly as safety permits and shall remain off the premises pending the outcome of
an investigation. The Employer will initiate an appropriate response. This response
may include, but is not limited to, suspension and/or termination of any business
relationship, reassignment of job duties, suspension or termination of employment,
and/or criminal prosecution of the person(s) involved.

2.

It is a requirement that all employees report, in accordance with this policy, any
behavior that compromises the Employer’s ability to maintain a safe work
environment. All reports will be investigated immediately and kept confidential,
except where there is a legitimate need to know. Even without an actual threat,
personnel should also report any behavior they have witnessed which they regard
as threatening or violent, when that behavior is job related or might be carried out
on a City controlled site, or is associated with City employment.

3.

All incidences of suspected or potential violence should be reported to the
employee’s immediate supervisor or the department head. Do not take the position
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that the incident is too minor to report or that it does not appear to be a “real
problem.” Do not wait until it is too late to be proactive.

4.

Supervisor Responsibilities: Supervisors and department heads are responsible for
assessing situations, making decisions on the appropriate response, and responding
to reports of or knowledge of violent activities that have occurred in the workplace
or that involve an employee of the Employer.

5.

When any actual, potential or suspected incident of violence is brought to the
attention of a supervisor or the department head, the department head or designee
shall evaluate the severity of the situation immediately and have the individual
reporting the incident fill out a Workplace Violence Incident Report Form. If it is
concluded that an actual act of violence has occurred or if there is a likelihood that
violence could result, the department head or designee shall:

6.

a.

Discuss the situation with the employee(s) and attempt to find out what
caused the situation.

b.

Determine what action is to be taken to prevent the situation from occurring
again. Such actions may include but not be limited to:
(1)

Assigning a different employee to the area or job.

(2)

Talking with the disgruntled client or employee(s).

(3)

Discussing the incident and offering suggestions for appropriate
actions.

(4)

Referring the affected employee(s) to professional help or
counseling.

(5)

Disciplining the employee(s), up to and including termination of
employment.

(6)

Contact law enforcement.

All employees who apply for, obtain or are the subject of a restraining order which
lists department locations as being protected areas, must provide to their department
head a copy of the petition and declarations used to seek the order, a copy of any
temporary protective or restraining order which is granted and a copy of any
protective or restraining order which is made permanent.

SMOKING / TOBACCO USE AND
ELECTRONIC CIGARETTES (E-CIGARETTES)

SECTION 7.10

A. POLICY
1.

Smoking of any tobacco, the use of any tobacco products or any illegal elicit
substance, and the use of e-cigarettes is hereby prohibited in all public places and
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places of employment including areas immediately adjacent to building entrances
and exits.
a.

Public Place: A public place is any enclosed area to which the public is
invited or permitted.

b.

Place of Employment: A place of employment is an enclosed area under the
control of the Employer that employees use for work or any other purpose
including but not limited to, offices, meeting rooms, sales, production and
storage areas, restrooms, stairways, hallways, warehouses, garages, and
vehicles.

c.

Enclosed Area: An area with a roof or other overhead covering of any kind
and walls or side coverings of any kind, regardless of the presence of
openings for ingress and egress, on all sides or on all sides but one.

d.

Employee: An employee is defined as an individual who provides services
to an Employer for compensation or for no compensation.

e.

Smoking: Inhaling, exhaling, burning, or carrying any lighted cigar,
cigarette, pipe, or other lighted smoking device for burning tobacco or any
other plant.

2.

While not regulated by Section 3794 of the Ohio Revised Code, the use of ecigarettes is also prohibited in all places of employment, enclosed areas, and public
places including areas immediately adjacent to building entrances and exits.

3.

Smoking, the use of tobacco, and the use of e-cigarettes is permitted in designated
areas provided by the Employer. Such areas will be provided in compliance with
applicable law and shall ensure that smoke or the vapor from e-cigarettes does not
enter the place of employment.

4.

Smoking, the use of tobacco, and use e-cigarettes is prohibited in all Employer
vehicles.

5.

Rights and Responsibilities of Employees:
a.

Employees are expected to comply with this policy and the applicable law.

b.

In the resolution of any dispute arising under this policy, the compliance
with the law and the protection of the health of the non-smoking parties
shall be given preference over the smoker’s desire to smoke.

c.

In the event that an individual is found in violation of this policy and the
Employer is fined or penalized, the employee will be subject to appropriate
discipline.

d.

No employee or applicant for employment shall be discharged, refused
employment or in any manner discriminated against because such employee
or applicant exercises the rights afforded him/her under this policy.
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6.

EMPLOYEE CONDUCT
Responsibilities of the Employer:
a.

Signs will be conspicuously posted where smoking is prohibited including
each entrance to the place of employment. Each sign will contain a
telephone number to report smoking violations and be of sufficient size to
be clearly legible to a person of normal vision.

b.

The Employer disciplinary procedure will be exercised when an employee
refuses to comply with this policy.

FRAUD POLICY/REPORTING
A.

SECTION 7.11

PURPOSE
Financial accountability is a top priority for the City of Norwood. The City’s fraud policy
formalizes the expectations of personal honesty and integrity required of City officials and
employees.
The City of Norwood is committed to protecting its revenue, property, information and
other assets from any attempt, either by members of the public, contractors, subcontractors, agents, intermediaries or its own employees, to gain by deceit financial or other
benefits.
This policy prohibits fraud or misuse of the City of Norwood’s assets and sets forth specific
guidelines and responsibilities regarding appropriate actions that must be followed for the
investigation of fraud and other similar irregularities.

B.

ORGANIZATIONS AFFECTED
All departments and divisions of the City of Norwood.

C.

DEFINITIONS
As used in this policy, the terms listed below shall have the following definitions:
1.

Embezzlement is any loss resulting from the misappropriation of City of Norwood
assets.

2.

Misappropriate is to take or make use of any item without authority or right.

3.

Loss is defined as the City of Norwood losing possession or control of any type of
asset through fraudulent activities.

4.

Fraud is the intentional misrepresentation or omission of facts for personal gain.

5.

Employee(s) refer to all City of Norwood employees, independent contractors,
consultants, and temporary, part-time and/or seasonal workers.

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6.

Assets refer to the entire property of the City. Assets include, but are not limited
to, all City vehicles and building properties, computers and software, cash
receivables, wages and benefits.

7.

Equipment is defined as a fixed asset that is not consumable or expandable; it is
movable, even though sometimes attached to other objects or buildings; and its
removal does not create a readily observable physical impairment or deterioration.
Examples include, but are not limited to: office equipment including computers,
desk cabinets, printers and scanners, any electronic data processing equipment,
training/educational equipment, medical supplies, and furnishings, audio-visual,
cameras and recording devices. Equipment also includes, but is not limited to, all
construction and maintenance equipment, air conditioners, fire-fighting equipment,
and tools, rescue equipment and tools.

D.

POLICY
The City of Norwood has adopted a zero tolerance policy regarding fraud. No employee
of the City shall remove any City of Norwood assets from the property, misuse any City
assets for personal gain, or willfully misappropriate any City of Norwood asset. Any
evidence supporting fraud, theft or embezzlement of City of Norwood assets and
equipment may be subject to the following actions including but not limited to: suspension,
termination, restitution, and criminal charges. Any City of Norwood employee who is
aware of fraud being committed against the City by anyone shall report such activity to the
Police Department or other official as detailed in Section F.

E.

PROHIBITED ACTS
Fraud and misuse of the City of Norwood assets are prohibited. Examples of fraud and
misuse of City assets include but are not limited to:
1.

embezzlement;

2.

misappropriation, misapplication, destruction, removal, or concealment of City of
Norwood property;

3.

alteration or falsification of documents;

4.

theft of any asset (money, tangible property, etc.);

5.

authorizing or receiving compensation for goods not received or services not
performed;

6.

authorizing or receiving compensation for hours not worked;

7.

misrepresentation of fact.

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F.

G.

EMPLOYEE CONDUCT

COMPLAINT PROCEDURE
1.

Employees shall read and understand this policy. Additionally, suspected or known
fraudulent acts by employees shall be reported to their respective department head.
If an employee has reason to believe that his department head may be involved, the
employee shall notify the Police Department directly.

2.

If the employee is a member of the Police Department and has concern that an
irregularity exists within the department, he/she should notify the Law Director. If
a department head believes there is an issue of potential fraud within the Police
Department, he/she shall notify the Mayor of the details of his/her concerns.

3.

Supervisors shall (1) communicate the provisions of this policy to all staff, (2) take
no action without consulting the department head, (3) recommend appropriate
disciplinary action when there is evidence of wrong-doing, and (4) if suspension or
termination is recommended, consult with the Law Director.

4.

Department heads shall communicate any suspected or known fraudulent act to the
Police Department. The Police Department shall notify the Mayor of each reported
incident and keep the Mayor abreast of the investigation.

5.

All participants in a fraud investigation shall keep the details and results of the
investigation confidential.

6.

Any employee reporting an act of fraud; or assisting, testifying, or participating in
a fraud investigation, acting in accordance with the requirements of this policy,
shall not be subject to any adverse employment action unless it is determined the
employee is culpable for such action and/or made an allegation knowing it was
false. Examples of adverse employment action include, but are not limited to,
discipline, suspension, threatening to discipline or suspend, coercion, acts of
intimidation, and firing.

PREVENTION
Each department will maintain an internal control environment to protect the department
and the City from loss or other damages as a result of a fraudulent act.

H.

FALSE ALLEGATIONS
False allegations of suspected fraud with the intent to disrupt or cause harm to another may
be subject to disciplinary action up to and including termination of employment.

I.

CORRECTIVE ACTIONS AND DISCIPLINE
Appropriate and timely action will be taken against those proven to have committed a
fraudulent act. These remedial actions may include, but are not limited to:
1.

Disciplinary action (up to and including immediate termination of employment).

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J.

EMPLOYEE CONDUCT

2.

Restitution for all losses, including investigation and legal expenses, to the fullest
extent of the law.

3.

Forwarding information to the appropriate authorities for criminal prosecution.

4.

Institution of civil action to recover losses.

5.

Where the City of Norwood elects to take corrective or disciplinary action, it will
proceed under the procedures in place under this policy for the respective
employment classification.

6.

The City of Norwood may take corrective or disciplinary action without awaiting
the resolution of criminal or civil proceedings arising from fraudulent conduct.

CONFIDENTIALITY
All investigations shall be conducted in confidence insofar as reasonably possible. The
names or names of those communicating information about a fraudulent act or the name or
names of those suspected of a fraudulent act will only be revealed when required by law in
conjunction with the investigation or legal action.

K.

COUNCIL NOTIFICATION
At the conclusion of any investigation, the Law Director shall inform Council of the nature
of any suspected, alleged or purported fraud that was presented to an appropriate City
official in accordance with the provisions of this policy. The Law Director shall discuss
and/or report to the Council on the results of the investigation and any civil or criminal
proceedings that may arise from such investigation.
In the event an instance of fraud is reported in accordance with the terms of this policy and
the nature of such information may impact the legislative operations of the City, the Law
Director shall inform the Council of the existence of an allegation or report without
disclosing details or information that would impact the investigation of any such claim.
The Law Director may wish to request an Executive Session of Council to discuss such
matters if public discussion of such information may jeopardize the investigative process
or is not in the best interests of the financial or legal position of the City.

L.

In addition to the process outlined above, complaints or any matter regarding fraud,
including any matter that alleges mismanagement of Employer resources or misuse of
public money, can be made to the Auditor of the State of Ohio through the Ohio fraudreporting system.
Complaints made to the Auditor of the State of Ohio through the Ohio fraud-reporting
system are anonymous. Complaints may be made in three (3) ways:
1.

File a written complaint at:
Ohio Auditor of State’s Office
Special Investigations Unit
88 East Broad Street
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P.O. Box 1140
Columbus, OH 43215

2.

Call the Fraud Hotline:
1-866-FRAUD OH (1-866-372-8364)

3.

Online:
http://www.ohioauditor.gov

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CHAPTER 8

EMPLOYEE DISCIPLINE, APPEALS, AND GRIEVANCES

INTRODUCTION
A.

SECTION 8.01

POLICY
1.

All employees of the City of Norwood are members of a team working together for
the purpose of serving our community. Employees who fail to follow the necessary
rules and regulations governing their conduct are not only penalizing themselves
but are doing a disservice to other employees and the citizens of Norwood.

2.

These disciplinary provisions are designed to ensure that the rights and safety of all
employees are protected and to provide working guidelines to encourage acceptable
businesslike behavior and conduct.

3.

It is the policy of the Employer that discipline should be characterized as corrective
rather than punitive and that employees should be made aware of the conduct
expected of them. The following disciplinary provisions are designed to meet both
of these objectives.

4.

The following disciplinary provisions shall be applicable to all employees of the
City, however, the progressive disciplinary procedures contained herein shall not
be applicable to those employees serving at the pleasure of an Appointing Authority
in the unclassified Civil Service.

DISCIPLINARY PRINCIPLES
A.

SECTION 8.02

POLICY
1.

The Employer believes that a clearly written discipline policy will serve to promote
fairness and equality in the workplace, and will minimize potential
misunderstandings among employees in disciplinary matters. Furthermore, the
City believes that certain basic principles, set forth below, must consistently be
applied in order to effectively and fairly correct unsatisfactory job behavior.
a.

Employees shall be advised of expected job behavior, the types of conduct
that the Employer has determined to be unacceptable, and the penalties for
such unacceptable behavior.

b.

Immediate attention shall be given to policy infractions by those responsible
for administering discipline.

c.

Discipline shall be applied uniformly and consistently, within the group or
groups of employees to whom such rules are directed, and any deviations
from standard procedure must be well justified and documented.

d.

Each offense shall be dealt with as objectively as possible.

e.

Discipline shall usually be progressive, but depending on the severity of the
offense, may proceed immediately to suspension or termination of
employment.
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f.

An employee’s immediate supervisor, department head, and/or the
Appointing Authority shall be responsible for administering discipline with
assistance from the HR department as needed.

PROGRESSIVE DISCIPLINE
A.

B.

SECTION 8.03

POLICY
1.

The Employer has adopted this discipline policy as a guide for the uniform
administration of discipline. It is not, however, to be construed as a delegation of,
or a limitation upon, the Employer’s right to impose a different level of discipline
when the circumstances warrant or when the infraction involves an at will
employee.

2.

This discipline policy provides general guidelines for specific offenses, however,
the examples of specific offenses given in any grouping are not all inclusive, and
serve merely as a non-binding guide.

3.

The guidelines for discipline provided in this manual do not preclude the
application of a more or less severe penalty for a given infraction by any employee.
This is particularly true for temporary, intermittent, and other unclassified
employees whose service may be terminated at the will of the Appointing
Authority.

4.

All active records of discipline shall be maintained in the employee’s personnel
file. Working suspensions (suspension with pay) have the same effect as
suspensions from work without pay for purposes of recording disciplinary actions
and demonstrating progressive discipline.

5.

The purpose of disciplinary action is to correct misconduct and encourage improved
performance or behavior, except where the employee is removed. To that end, an
employee may request, and the Employer may agree, to remove a disciplinary
action from an employee’s general personnel file after two (2) years when the
employee has shown marked improvement. The Employer is required by the Ohio
Civil Rights Commission to maintain such records.

PROCEDURE
1.

Supervisors may recommend and/or the department head may issue verbal and
written reprimands. A memo, in each case of discipline, should be completed and
signed by the department head, delivered to the employee, and signed by the
employee. The completed memo shall be placed in the employee’s personnel file.

2.

Only the Appointing Authority has the authority to reduce in classification or pay,
fine, suspend, or terminate an employee. Prior to such discipline, a predisciplinary
conference must be held if it involves a classified employee.

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3.

Suspensions or fines of more than three (3) days’ pay, reductions or removals of
classified employees must be filed in accordance with Civil Service Commission
Rules and Regulations.

4.

Reduction in classification or pay, suspension, fine or removal of an unclassified
employee may be executed at the discretion of the Appointing Authority. A written
notice shall be provided to the employee.

While a predisciplinary conference is not legally required for unclassified employees, it is
recommended that the Appointing Authority meet with the employee to provide the
employee with an opportunity to respond regarding the alleged infraction, prior to
reducing, suspending, fining or removing the employee from public service.
PREDISCIPLINARY CONFERENCE –– CLASSIFIED EMPLOYEES
A.

SECTION 8.04

POLICY
1.

Generally: Whenever the Employer or designee determines a classified employee
may have committed an offense which could result in a suspension, fine, reduction
or removal, the employee will be notified of the allegations and a predisciplinary
conference will be scheduled to give the employee an opportunity to offer an
explanation of the alleged misconduct. A predisciplinary conference is primarily
an informal fact-finding session, not a legal proceeding. The objective of the
conference is to obtain information through testimony, documentation and/or
questioning of the employee and witnesses and the employee’s response to
determine whether the alleged misconduct occurred.

2.

Hearing Officer: Predisciplinary conferences will be conducted by a hearing
officer. The hearing officer may be the Appointing Authority or any person the
Appointing Authority selects to serve in such capacity.

3.

Notice: Not less than 24 hours prior to the scheduled starting time of the conference,
the Appointing Authority or designee will provide the employee with a written
outline of the charges which may be the basis for disciplinary action (Notice of
Predisciplinary Conference Form). In response, the employee must:

4.

a.

appear at the conference to present an oral or written statement in the
employee’s defense and answer questions regarding the alleged
misconduct; or

b.

elect in writing to waive the predisciplinary conference (Waiver of
Predisciplinary Conference).

Testimony: An employee who elects to attend the conference and present evidence,
or who is called to testify, must answer all questions truthfully. If it is later proven
that the employee’s answers were not truthful, such dishonesty may result in
disciplinary action.

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5.

Witnesses: At the conference the employee may present any testimony, witnesses
or documents which explain whether or not the alleged misconduct occurred. The
employee shall provide a list of witnesses to the hearing officer as far in advance
as possible, but not later than four (4) hours prior to the predisciplinary conference.
It is the employee’s responsibility to notify witnesses their attendance is desired.

6.

Delay of Predisciplinary Conference: Upon a reasonable request and adequate
advance notice from the employee, the Appointing Authority may temporarily
delay the predisciplinary conference. Generally, the Employer should permit only
one (1) such delay.

7.

Recording of Proceedings: At the discretion of the hearing officer, the
predisciplinary conference may be recorded. The responding employee may also
record the proceedings in a similar manner, if the hearing officer authorizes
recording of the proceedings.

8.

Hearing Officer Report: If the hearing officer is someone other than the Appointing
Authority, the following shall apply:
The hearing officer shall objectively hear the case and shall prepare a written report
setting forth findings of fact and concluding whether or not the alleged misconduct
occurred. The hearing officer shall not recommend discipline. A copy of the
hearing officer’s report will be provided to the employee and the Appointing
Authority and/or department head within five (5) working days following its
preparation. The Appointing Authority and/or department head will decide what
discipline, if any, is appropriate, and may agree or disagree with the hearing
officer’s conclusions.

9.

B.

Administrative Leave: When the Appointing Authority determines it is necessary
to temporarily remove an employee from the workplace to protect the health or
safety of the employee, other employees or of any person or property entrusted to
the employee’s care, the Appointing Authority may immediately authorize an
administrative leave of absence with pay. Such leave shall normally last only until
the investigation, predisciplinary hearing and/or other corrective action is
completed.

PROCEDURE
1.

Whenever the department head has cause to believe an employee should receive a
suspension, fine, disciplinary reduction in pay or position or removal from public
service, the department head must reduce such allegations to writing.

2.

The department head may request that the Appointing Authority place the employee
on administrative leave while the charges are being investigated and until the
predisciplinary conference procedures are completed.

3.

The written allegations should indicate in sufficient detail the behavior or conduct
which is the basis for the department head’s belief that discipline is necessary.
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EMPLOYEE DISCIPLINE, APPEALS, AND GRIEVANCES
The written allegations should next be processed through the chain of command to
the Appointing Authority or designee for review and delivery to the responding
employee in the form of a Notice of Predisciplinary Conference.
If the allegations involve potential criminal charges as well as employment
misconduct, the Employer should confer with the City Law Director and/or a
management/human resources consultant prior to questioning the employee or
scheduling a predisciplinary conference.

5.

The employee will be notified by the Appointing Authority or designee of the time,
location and person who will conduct the predisciplinary conference. The hearing
officer conducting the conference will recite the allegations and ask the Employer’s
representative to summarize the evidence that is the basis of the allegations.

6.

The hearing officer will ask the employee to respond to the allegations of
misconduct which were outlined to the employee. Failure to respond or respond
truthfully may result in further disciplinary action.

7.

At the discretion of the hearing officer, the predisciplinary conference may be
recorded. The responding employee may also record the proceedings in a similar
manner, if the hearing officer authorizes recording of the proceedings.

8.

The hearing officer shall determine when the conference is concluded and will
adjourn the meeting. The hearing officer may also independently investigate facts
alleged by the responding employee or the employee’s witnesses, may limit the
number of witnesses and may reconvene the conference if necessary to get
additional information or to allow the employee an opportunity to respond further
or to respond to new matters. For example, if the employee provides an explanation
that involves facts previously unknown to the Employer, the hearing officer may
continue the hearing to allow the Employer time to investigate. As another
example, if the employee or a witness provides information which indicates the
employee may have committed additional infractions, the hearing officer may
continue the conference to allow the Employer time to investigate or to allow the
Employer to issue a revised notice before concluding the predisciplinary
conference. This is proper procedure provided no discipline is issued prior to
reconvening the predisciplinary conference and the employee has not already been
disciplined for the same offense.

9.

If someone other than the Appointing Authority is serving as hearing officer, that
person shall prepare a report of findings and submit it to the Appointing Authority.
The report shall be in writing, and need not be overly detailed. The report should
state whether the person conducting the conference believes the allegations were
supported by the evidence and explanations presented. The hearing officer may
state whether one person’s explanation or evidence was more convincing and for
what reason, especially when stories or evidence conflict. However, the hearing
officer should not recommend whether the Appointing Authority should issue
discipline, nor what level of discipline is appropriate.

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10.

Within a reasonable time following receipt of the report, the Appointing Authority
shall determine what discipline, if any, is warranted based upon the facts presented.

11.

If discipline is warranted, the Appointing Authority shall determine the severity of
the discipline using the policies herein as a guideline.

GROUNDS FOR DISCIPLINARY ACTION AND PENALTIES
A.

SECTION 8.05

POLICY
1.

R.C. Section 124.34 sets out the forms of misconduct which are the legal basis for
reduction, suspension, fine or removal of a classified employee. Those forms of
misconduct are:
a.

Neglect of duty;

b.

Incompetency;

c.

Inefficiency;

d.

Dishonesty;

e.

Drunkenness;

f.

Immoral conduct;

g.

Insubordination;

h.

Discourteous treatment of the public;

i.

Any other failure of good behavior;

j.

Any other acts of misfeasance, malfeasance, or nonfeasance; or

k.

Any violation of Civil Service rules.

2.

The offenses set forth in Groups I, II, and III below are non-inclusive examples of
the above forms of misconduct and guidelines for determining the appropriate level
of discipline for classified employees.

3.

In general, Group I Offenses may be defined as those infractions which are of a
relatively minor nature and which cause only a minimal disruption to productivity,
efficiency and/or morale. Group I Offenses, if left undisciplined by proper
authority, will usually cause only a temporary impact against the organization
unless such acts are compounded over time.

4.

Group II Offenses may be defined as those infractions which are of a more serious
nature than the Group I Offenses and which, in turn, cause a more serious and
longer lasting disruption to the organization in terms of decreased organizational
productivity, efficiency and/or morale. Group II Offenses, if left undisciplined by
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proper authority, can cause a more serious and longer lasting impact against the
organization than the Group I Offenses.

5.

Group III Offenses may be defined as those infractions which are of a very serious
or possibly a criminal nature and/or which cause a critical disruption to the
organization in terms of decreased productivity, efficiency and/or morale. Group
III Offenses, if left undisciplined by proper authority, may have a long lasting and
serious adverse impact on the organization.

6.

THIS DISCIPLINE POLICY IS A GENERAL GUIDELINE ONLY. THE
FOLLOWING EXAMPLES OF SPECIFIC OFFENSES ARE NOT ALL
INCLUSIVE, AND ARE NOT INTENDED TO BE BINDING ON THE
EMPLOYER.

7.

“Working days” for purposes of disciplinary suspension in the Fire Department
normally means eight (8) hour, ten (10) or (24) hour workdays depending on the
regular schedule of the employee subject to discipline or the collective bargaining
agreement.
GROUP I OFFENSES
FIRST OFFENSE ..................Documented Verbal Warning
SECOND OFFENSE .............Written reprimand
THIRD OFFENSE .................A working suspension of one (1) to three (3) days; a
fine not to exceed three (3) days pay; or a one (1) to
three (3) day suspension without pay; (*five [5] days
for administrative, supervisory, or professional
employees exempt from overtime)
FOURTH OFFENSE .............Five (5) to 15 day working suspension or suspension
without pay; or a fine up to five (5) days’ pay;
FIFTH OFFENSE ..................Up to and including termination of employment
* Under the Fair Labor Standards Act, salaried employees exempt from overtime
cannot be given disciplinary time off in less than one (1) week increments. Unpaid
disciplinary suspensions of one or more full days for violations of workplace
conduct rules, such as sexual harassment or workplace violence. These must be
imposed in good faith under a written policy applicable to all employees.

Following are examples of Group I Offenses. Following each offense in parentheses are
examples of the various charges of misconduct which may be applicable under Civil
Service Rules and Regulations.
1.

Failure to properly and completely sign in or out (inefficiency, neglect of duty, or
failure of good behavior).
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2.

Failure to properly “report off” work for any absence or failure to timely notify the
proper party of absence (neglect of duty, failure of good behavior, or nonfeasance).

3.

Leaving a post of continuous operations prior to being relieved by employee of
incoming shift (neglect of duty or failure of good behavior).

4.

Creating or contributing to unsanitary or unsafe conditions or poor housekeeping
(inefficiency, neglect of duty, or failure of good behavior).

5.

Failure to observe official safety rules or common safety practices (inefficiency,
neglect of duty, failure of good behavior, or nonfeasance).

6.

Failure to report accidents, injuries or equipment damage (inefficiency, neglect of
duty, failure of good behavior, or nonfeasance).

7.

Discourteous treatment of the public (discourteous treatment of public or failure of
good behavior).

8.

Inattention to the needs of the public (discourteous treatment of public or failure of
good behavior).

9.

Distracting the attention of others, unnecessary shouting, use of profane or other
inappropriate language, misuse of two-way radios or otherwise causing disruptions
on the job (inefficiency, neglect of duty, or failure of good behavior).

10.

Malicious mischief, horseplay, wrestling or other undesirable or potentially
harmful conduct (inefficiency, immoral conduct, discourteous treatment of public,
or failure of good behavior).

11.

Interfering with the work performance of subordinates/other employees or causing
other disruptions of the workplace (inefficiency, neglect of duty, or failure of good
behavior).

12.

Failure to cooperate with other employees (inefficiency, neglect of duty, failure of
good behavior, or nonfeasance).

13.

Neglect of or careless failure to observe Employer rules, regulations, policies and
procedures (inefficiency, neglect of duty, failure of good behavior, or nonfeasance).

14.

Excessive garnishments (failure of good behavior or nonfeasance).

15.

Use or possession of another employee’s working equipment or property without
approval (dishonesty or failure of good behavior).

16.

Unauthorized use of the Employer’s telephone for other than business purposes
(inefficiency, neglect of duty, failure of good behavior, or nonfeasance).

17.

Obligating the Employer for any minor expense, service or performance without
prior authorization (dishonesty, neglect of duty, failure of good behavior, or
misfeasance).
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18.

Neglect of or careless failure to care for Employer property or equipment
(inefficiency, neglect of duty, failure of good behavior, or nonfeasance).

19.

Inefficiency (e.g., lack of application or effort on the job, unsatisfactory
performance, failure to maintain required performance standards, etc.)
(inefficiency, neglect of duty, failure of good behavior, or nonfeasance).

20.

Neglect of or careless failure to prepare required reports or documents
(inefficiency, neglect of duty, failure of good behavior, or nonfeasance).

21.

Failure of a supervisor to administer discipline as provided herein or to otherwise
enforce the rules, regulations, policies and procedures of the Employer
(inefficiency, neglect of duty, failure of good behavior, or nonfeasance).

22.

Failure to commence duties at the beginning of the work shift, or leaving work prior
to the end of the work shift (inefficiency, neglect of duty, or failure of good
behavior).

23.

Leaving the job or work area during the regular working hours without
authorization (neglect of duty, failure of good behavior, or nonfeasance).

24.

Making preparations to leave work without specific prior authorization before the
lunch period, any official break period or specified quitting time (neglect of duty,
failure of good behavior, or nonfeasance).

25.

Establishing a pattern use of sick leave or other misuse or abuse of sick leave
(neglect of duty, malfeasance, or failure of good behavior).

26.

Violation of any Employer work rule or policy (neglect of duty, immoral conduct,
discourteous treatment of public, misfeasance, malfeasance, nonfeasance, or failure
of good behavior).
GROUP II OFFENSES
FIRST OFFENSE ..................A working suspension of one (1) to three (3) days; a
fine not to exceed three (3) days’ pay; or a one (1) to
three (3) days suspension without pay; (*five (5)
days for administrative, supervisory, or professional
employees)
SECOND OFFENSE .............Five (5) to 15 day working suspension or suspension
without pay; or a fine up to five (5) days’ pay
THIRD OFFENSE .................Up to and including termination of employment
* Under the Fair Labor Standards Act, salaried employees exempt from overtime
cannot be given disciplinary time off in less than one (1) week increments.

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Following are examples of Group II Offenses. Following each offense in parentheses are
examples of the various charges of misconduct which may be applicable under Civil
Service Rules and Regulations.
1.

Disregarding job duties and neglecting work by sleeping, reading for pleasure,
playing cards, viewing T.V., etc. when there are work duties to be completed
(inefficiency, neglect of duty, failure of good behavior, or nonfeasance).

2.

Reporting to work or working while unfit for duty (incompetence or failure of good
behavior). This may be a Group III Offense for CDL holders and public safety
employees.

3.

Failure to report for overtime work, without proper excuse, after being scheduled
to work (inefficiency, neglect of duty, failure of good behavior, or nonfeasance).

4.

Willful refusal to sign in or out when required (inefficiency, neglect of duty, failure
of good behavior, or nonfeasance).

5.

Performing private work on Employer time (inefficiency, neglect of duty, failure
of good behavior, or misfeasance).

6.

Neglect or careless failure to observe official safety rules or common safety
practices (inefficiency, neglect of duty, failure of good behavior, or nonfeasance).

7.

Threatening, intimidating or coercing subordinates, other employees or general
public (inefficiency, neglect of duty, or failure of good behavior).

8.

Use of abusive or offensive language or gestures toward subordinates, other
employees, residents or the general public (immoral conduct, insubordination,
failure of good behavior, or malfeasance).

9.

The making or publishing of false, vicious or malicious statements concerning other
employees, residents, the Employer or its operations (dishonesty, failure of good
behavior, or malfeasance).

10.

Solicitation or distribution on Employer property in violation of the solicitation and
distribution policy (inefficiency, neglect of duty, failure of good behavior, or
misfeasance).

11.

Willful disregard of the Employer’s rules, regulations, policies and procedures
(inefficiency, neglect of duty, failure of good behavior, misfeasance, malfeasance,
or nonfeasance).

12.

Negligent failure to obey a reasonable order of a supervisor or failure to carry out
work assignments, including verbal instructions (inefficiency, neglect of duty,
failure of good behavior, or misfeasance).

13.

Neglect or carelessness in the use of Employer property or equipment (inefficiency,
neglect of duty, failure of good behavior, or nonfeasance).
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14.

Obligating the Employer for a major expense, service or performance without prior
authorization (dishonesty, neglect of duty, failure of good behavior, or
misfeasance).

15.

Unauthorized use of Employer property or equipment, including the unauthorized
reproduction of this manual or the Employee Handbook (inefficiency, neglect of
duty, failure of good behavior, or misfeasance).

16.

Negligent failure to report accidents, injuries or equipment damage (inefficiency,
neglect of duty, failure of good behavior, or nonfeasance).

17.

A traffic violation or accident while driving an Employer vehicle which evidences
recklessness by the employee (inefficiency, neglect of duty, failure of good
behavior, or misfeasance).

18.

Refusing to provide testimony in court during a public hearing (SPBR, SERB, etc.)
or any other official hearing, investigation or proceeding involving the Employer
(insubordination, failure of good behavior, or nonfeasance).

19.

Refusing to provide testimony or information concerning any investigation
(insubordination, failure of good behavior, or nonfeasance).

20.

Possession or storage of alcoholic beverages on the Employer’s premises (neglect
of duty, drunkenness, failure of good behavior, or malfeasance).

21.

Unauthorized presence on the Employer’s property (failure of good behavior or
misfeasance).

22.

Habitual neglect of timely completion of required reports or documents
(inefficiency, neglect of duty, failure of good behavior, or nonfeasance).

23.

Willful failure to timely complete required reports and documents (inefficiency,
neglect of duty, failure of good behavior, or nonfeasance).

24.

Unauthorized posting or removal of notices or documents on or from bulletin
boards (failure of good behavior or misfeasance).

25.

Willful or reckless violation of any Employer work rule or policy (neglect of duty,
immoral conduct, discourteous treatment of public, misfeasance, malfeasance,
nonfeasance, or failure of good behavior).
GROUP III OFFENSES

FIRST OFFENSE ..............................Up to and including termination of employment
Following are examples of Group III Offenses. Following each offense in parentheses are
examples of the various charges of misconduct which may be applicable under Civil
Service Rules and Regulations.
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1.

Wanton or willful neglect in the performance of assigned duties (inefficiency,
neglect of duty, failure of good behavior, misfeasance, or malfeasance).

2.

Instigating, leading or participating in any walkout, strike, sit-down, stand-in,
sympathy strike, call-in, slow-down, refusal to return to work at the scheduled time
for a scheduled shift or other concerted curtailment, restriction or interference with
work in or about the Employer’s premises in violation of R.C. Chapter 4117
(neglect of duty, failure of good behavior, or misfeasance).

3.

Refusal, without legitimate reason, to work during emergency situations or
conditions (insubordination, neglect of duty, failure of good behavior, or
nonfeasance).

4.

Signing or altering other employees’ time cards or records; altering one’s own time
card or record or having one’s time card or record signed or altered by another,
without authorization (dishonesty, failure of good behavior, or malfeasance).

5.

Knowingly concealing a communicable disease (i.e., T.B., etc.) which may
endanger others (neglect of duty, failure of good behavior, misfeasance, or
malfeasance).

6.

Carrying or possessing firearms, explosives or weapons in the work area without
authorization (failure of good behavior or malfeasance).

7.

Willfully withholding information which threatens the safety and security of the
Employer, its operations or employees (dishonesty, failure of good behavior,
misfeasance, or malfeasance).

8.

Willfully demeaning, verbally abusing and/or humiliating a resident, employee or
other person (discourteous treatment of the public, neglect of duty, failure of good
behavior, or malfeasance).

9.

Threatening, intimidating or physically abusing a resident, employee or other
person (malfeasance or failure of good behavior).

10.

Committing an act of discrimination, sexual harassment or engaging in conduct
giving insult or offense on the basis of race, color, sex, age, religion, national origin,
or disability (immoral conduct, neglect of duty, failure of good behavior, or
malfeasance).

11.

Fighting with or attempting to injure a resident, employee, or other person
(discourteous treatment of the public, neglect of duty, failure of good behavior, or
malfeasance).

12.

Insubordination by refusing to perform assigned work or to comply with the written
or verbal instructions of a supervisor (insubordination, neglect of duty, failure of
good behavior, or nonfeasance).

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13.

Providing false testimony, statements or information in any official Employer,
court, or administrative investigation, hearing, or proceeding (dishonesty, failure of
good behavior, malfeasance, or neglect of duty).

14.

Providing false information, making a false statement, committing a fraudulent act,
or withholding pertinent information in the employment application process
(dishonesty, failure of good behavior, misfeasance, or malfeasance).

15.

Gambling during work hours (inefficiency, neglect of duty, failure of good
behavior, misfeasance, or malfeasance).

16.

Stealing or similar conduct, including destroying, damaging, concealing or
converting any property of the Employer or of other employees (dishonesty, failure
of good behavior, or malfeasance).

17.

Dishonesty or dishonest action. Examples of “dishonesty” or “dishonest actions”
are: theft, pilfering, making false statements to secure an excused absence or justify
an absence or tardiness. These are examples only and do not limit the terms
dishonesty and dishonest action (dishonesty or malfeasance).

18.

Engaging in unauthorized political activity as provided in the Political Activity
Section of this manual (failure of good behavior or malfeasance).

19.

The unlawful manufacture, distribution, dispensation, possession or use of alcohol
or a controlled substance which takes place in whole or in part in the workplace
(drunkenness, immoral conduct, neglect of duty, failure of good behavior, or
malfeasance).

20.

Driving a motor vehicle on duty or Employer business without a valid, applicable
operator’s license (dishonesty, failure of good behavior, malfeasance, or neglect of
duty).

21.

Failure to obtain, maintain and/or report the loss of required licenses, certifications
or other qualifications of an employee’s position (dishonesty, failure of good
behavior, malfeasance, or neglect of duty).

22.

Conviction of any violation of law which may adversely affect the public’s trust in
the employee’s ability to perform the duties of the employee’s position (dishonesty,
failure of good behavior, or malfeasance).

23.

Intentional misuse of Employer or other public funds (dishonesty, neglect of duty,
failure of good behavior, or malfeasance).

24.

Willful neglect or intentional misuse, abuse or destruction of the property,
equipment or tools of the Employer or another employee (inefficiency, neglect of
duty, failure of good behavior, misfeasance, or malfeasance).

25.

Soliciting or accepting a gift, gratuity, bribe or reward for the private use of the
employee, or otherwise using one’s position, identification, name, photograph or
title for personal gain, or otherwise violating the Employer’s Code of Conduct or
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Ohio’s ethics laws for public employees (inefficiency, neglect of duty, failure of
good behavior, misfeasance, or malfeasance).

B.

26.

Engaging in off-duty employment activities which the Employer has determined to
be an interest or time conflict (inefficiency, neglect of duty, failure of good
behavior, or misfeasance).

27.

Making false claims or misrepresentations in an attempt to obtain any benefit
(dishonesty, failure of good behavior, neglect of duty, or malfeasance).

28.

Misusing, removing or revealing documents or information of a confidential nature
or revealing such information without prior and appropriate authorization
(dishonesty, neglect of duty, failure of good behavior, or malfeasance).

29.

Misuse, removal or destruction of Employer records without prior authorization
(dishonesty, neglect of duty, failure of good behavior, or malfeasance).

30.

Committing violations of official safety rules or common safety practices
(inefficiency, neglect of duty, failure of good behavior, or nonfeasance).

31.

Sexual harassment.

32.

Conviction of certain felonies.

33.

Intentional violation of any Employer work rule or policy (neglect of duty, immoral
conduct, discourteous treatment of public, misfeasance, malfeasance, nonfeasance,
or failure of good behavior).

34.

Absent without leave (neglect of duty or failure of good behavior).

PROCEDURE
Multiple minor policy infractions should be dealt with by following the progressive
discipline procedure set forth below:
1.

Multiple offenses which are unrelated are progressively disciplined in the groups
in which the offenses are outlined in these guidelines; and

2.

Multiple offenses which are related are progressively disciplined regardless of the
groups in which the offenses are listed and regardless of the order in which the
offenses occurred.

3.

Multiple offenses which are closely related in time, even if unrelated or in different
groups hereunder, may be combined to result in discipline which exceeds the
severity of the total sum of the separate offenses.

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CONVICTION OF A FELONY
A.

SECTION 8.06

POLICY
1.

Conviction of a felony is a separate basis for reducing in pay or position, suspending
or removing an employee, even if the employee has already been reduced in pay or
position, suspended or removed for the same conduct that is the basis of the felony.
An employee may not appeal to the Civil Service Commission any disciplinary
action taken by an Appointing Authority as a result of the employee’s conviction
of a felony. If an employee removed under this section is reinstated as a result of
an appeal of the removal, any conviction of a felony that occurs during the
pendency of the appeal is a basis for further disciplinary action under this section
upon the employee’s reinstatement.

2.

Any employee convicted of a felony immediately forfeits the person’s status as a
classified employee in any public employment on and after the date of conviction
for the felony. If an employee is removed under this section as a result of being
convicted of a felony or is subsequently convicted of a felony that involves the
same conduct that was the basis for the removal, the employee is barred from
receiving any compensation after the removal notwithstanding any modification or
disaffirmance of the removal, unless the conviction for the felony is subsequently
reversed or annulled.

3.

As used in this policy, “felony” means any of the following:
a.

A felony that is an offense of violence as defined in Section 2901.01 of the
Revised Code;

b.

A felony that is a felony drug abuse offense as defined in Section 2925.01
of the Revised Code;

c.

A felony under the laws of this or any other state or the United States that
is a crime of moral turpitude;

d.

A felony involving dishonesty, fraud, or theft;

e.

A felony that is a violation of Section 2921.05, 2921.32, or 2921.42 of the
Revised Code.

B. PROCEDURE
Any person removed for conviction of a felony is entitled to a cash payment for any accrued
but unused vacation leave as authorized by City policy. If subsequently re-employed in
the public sector, such person shall qualify for and accrue sick and vacation leave in the
manner specified by City policy for a newly appointed employee and shall not be credited
with prior public service for the purpose of receiving these forms of leave.

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APPEALS OF PERSONNEL ACTIONS

SECTION 8.07

A. POLICY
1.

Classified Employees: Classified employees may appeal suspensions or fines of
more than 24 hours, reductions in pay or classification, layoffs, job abolishment, or
terminations either through the internal grievance procedure contained in this
manual or to the Civil Service Commission.
Suspensions of 24 hours or less and fines of 24 hours p