City Council

TROY CITY COUNCIL FINANCE COMMITTEE AGENDA February 6, 2020 6:00 P.M. Pledge of Allegiance Roll Call Public Forum One Monument Square Update – Commissioner of Planning and Economic Development LOCAL LAWS ORDINANCES 9. Ordinance Amending The City’s Non-Represented Employees’ Policy (Council President Mantello) (At The Request Of The Administration) 10. Ordinance Amending The Special Grants Fund Budget (Council President Mantello) (At The Request Of The Administration) 11. Ordinance Authorizing And Ratifying The Employment Memorandum Of Agreement By And Between The City Of Troy And The United Public Service Employees Union (Council President Mantello) (At The Request Of The Administration) RESOLUTIONS 23. Resolution Authorizing The Mayor To Enter Into A Contract With Professional Service Industries, Inc. For The Purpose Of Asbestos Inspection Services (Council President Mantello) (At The Request Of The Administration)  ORD#9 ORDINANCE AMENDING THE CITY’S NON-REPRESENTED EMPLOYEES’ POLICY The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy has previously enacted legislation to create and/or amend a policy setting forth the wages, benefits, working conditions and other terms of employment for all City employees whom are not represented by a bargaining unit. Section 2. This policy calls for periodic review and update(s) as necessary. Section 3. The City of Troy hereby amends the City’s Non-Represented Employees’ Policy as attached hereto, made a part hereof and incorporates the entire Non- Representative Policy into this Ordinance. Section 4. This ordinance shall take effect immediately and the Mayor, Chief Executive Officer of the City of Troy, shall be authorized to immediately implement said policy, as amended. Approved as to form, February 6, 2020 James A. Caruso, Esq., Corporation Counsel  ORD#9 MEMO IN SUPPORT This ordinance amends the policy for the City that covers all employees who are not covered under a collective bargaining agreement. This policy has not been amended for several years. The amendments made herein include but are not limited to: 1. Addition of new positions created since the last amendment 2. Wage increases for full-time staff for fiscal years 2020 – 2023 3. Wage increases, reflective of minimum wage increases, for part-time staff for fiscal years 2020 – 2023 4. Language clarification on various sections within the document The language changed within this policy is reflective of the numerous agreements that the City has made with the various bargaining units within the City over the last several years.  ORD#9 CITY OF TROY Non-Represented Employees Personnel Employment Policy (Eff. 7-11-13) Wm. Patrick Madden Mayor 24375334.v1  ORD#9 TABLE OF CONTENTS Job Title Page Administrative ............................................................................................................ 3 Clerical ....................................................................................................................... 3 Temporary, Seasonal, and Part-time ........................................................................ 3-4 City Council ................................................................................................................ 4 Sections of Policy 1 - Salaries ............................................................................................................. 4-5 2 - Vacation ............................................................................................................ 5-6 3 - Personal Leave ................................................................................................. 6-7 4 - Sick Leave ........................................................................................................ 7-9 5 - Holidays ............................................................................................................ 89 6 - Overtime and Compensatory Time .................................................................. 910 7 - Jury DutyOther Leave ....................................................................................... 10-11 8 - Worker’s Compensation Leave……………………………………………... ........ 10 9 - Military Leave……………………………………………………………….. .......... 10 10 8 ......................................................................................................................... - Health Insurance ................................................................................................................... 11-13 11 9 ......................................................................................................................... - Retirement 142 12 10 ......................................................................................................................... - Longevity 14-153 13 11 ......................................................................................................................... - Hours of Work 154 14 12 ......................................................................................................................... - Tuition Reimbursement ......................................................................................................... 154 15 13 ......................................................................................................................... - Drug and Alcohol Policy ............................................................................................................ 15-164 14 - Legislative Approvals ........................................................................................ 16 Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Normal, Tab stops: 0.2", Left + 0.38", Left + 5.5", Left,Leader: … Formatted: Font: (Default) Arial, 11 pt Formatted: Font: 11 pt 24375334.v1 2  ORD#9 Non-Represented Employees Personnel Employment Policy The following "non-represented" employees shall be covered by the policies in this employment manualthis policy. A non-represented employee is any employee of the City of Troy not covered by any bargaining unit within the City of Troy. 1. Administrative Budget Officer City Clerk Commissioner of General Services Commissioner of Public Safety Commissioner of Public Works Commissioner of Public Utilities Comptroller Confidential Assistant to the Mayor Corporation Counsel Deputy Commissioner of Public Works Deputy Commissioner of Public Utilities Deputy Corporation Counsel Full-time Deputy Corporation Counsel(s) Part-time Deputy Director of Office of Management and Budget Deputy Director of Public Information Deputy Mayor Director of Information Services First Deputy Corporation Counsel Mayor Personnel Director/Officer Policy Analyst Superintendent of Water and Sewer Treasurer 2. Clerical Staff Assistant to the Comptroller Confidential Secretary to the Mayor Confidential Secretary to the Commissioner of Public Safety Confidential Secretary to the Police Chief Private Secretary to the Corporation Counsel Private Secretary to the Deputy Mayor 3. Part-time/Seasonal Administrative Boards and Commissions Legislative Assistant Executive Secretary Human Rights Commission Executive Secretary to the Civil Service Commission Secretary to the City Council President 4. Temporary and Part-time Personnel A. "101" - Accounts (full-time only) Titles, which are encumbered by a leave of absence, but are filled on a full-time basis by someone in a 101 - payroll account. 24375334.v1 3  ORD#9 B. "102" - Accounts (full and part-time) All temporary, seasonal, and part-time employees not listed elsewhere in this plan, and all full-time temporary employees who are either: 1) designated as a temporary or seasonal employee; or 2) paid from a 102 - payroll account; or 3) paid from a temporary payroll account. 5. City Council City Council Members President of the City Council President Pro Tempore of the City Council SECTION 1 - SALARIES GROUP A - Per the Budget Process, salaries are recommended by the Mayor and approved by the City Council. In no event shall an incumbent employee in Group “A” be paid less than that which he/she was paid in the prior year’s budget. However, a newly hired employee in Group “A” may be paid a salary as recommended by the Mayor not to exceed that approved by the City Council. Group A employees shall receive an increase in wages in accordance with “Appendix A”. POSITION Assistant to the Comptroller Formatted: Font: Not Bold, No underline Budget Officer Formatted: Indent: Left: 1" City Clerk Commissioner of General Services Formatted: Indent: Left: 1" Commissioner of Public Safety Commissioner of Public Utilities Commissioner of Public Works Comptroller Confidential Assistant to the Mayor Formatted: Font: Not Bold, No underline Confidential Secretary to the Commissioner of Public Safety Formatted: Font: Not Bold, No underline Confidential Secretary to the Mayor Formatted: Indent: Left: 1" Confidential Secretary to the Police Chief Formatted: Font: Not Bold, No underline Corporation Counsel Deputy MDeputy Commissioner of Public Utilities Formatted: Font: Not Bold, No underline Deputy Commissioner of Public Works Deputy Corporation Counsel Full-time Formatted: Indent: Left: 0.5", First line: 0.5" Deputy Corporation Counsel(s) Part-time Deputy Director of Office of Management and Budget Deputy Director of Public Information Deputy Mayor Formatted: Indent: Left: 0.5", First line: 0.5" Director of Information Services First Deputy Corporation Counsel Personnel Director/Officer Formatted: Indent: Left: 0.5", First line: 0.5" Policy Analyst Private Secretary to Corporation Counsel Private Secretary to Deputy Mayor Formatted: Indent: Left: 0.5", First line: 0.5" Superintendent of Water and Sewer Treasurer 24375334.v1 4  ORD#9 GROUP B - Per the Budget Process recommended by the Mayor and approved by the City Council. In no event shall an incumbent employee in Group “B” be paid less than that which he/she was paid in the prior year’s budget. However, a newly hired employee in Group “B” may be paid a salary as recommended by the Mayor not to exceed that approved by the City Council. POSITION City Clerk Formatted: Indent: Left: 1", First line: 0.5" Confidential Assistant to the MayorConfidential Secretary to Mayor Formatted: Indent: Left: 0.5", First line: 0.5" Deputy Director of Public Information Personnel Director Private Secretary to Corporation Counsel Private Secretary to Deputy Mayor GROUP C B - The salaries of the City Council and the Mayor shall be determined pursuant to the Troy City Charter. POSITION Mayor President City Council President Pro-Tem City Council City Council Member SECTION 2 – VACATION LEAVE A. Vacation leave is authorized absence from duty with pay and shall be earned in accordance with the following schedules. The following groups are not eligible for vacation leave accruals: 3) Part-time/Seasonal Administrative 4B) Part-time Personnel (‘102’ Accounts) 5) City Council Members The following groups are eligible for vacation leave accruals: 1) Administrative Employees, other than the Mayor Months of Service Total per Anniversary Date Earned 0 - 59 MONTHS 15 VACATION DAYS PER YEAR 60 - 108 MONTHS 20 VACATION DAYS PER YEAR 109 - 228 MONTHS 25 VACATION DAYS PER YEAR 229 AND OVER 30 VACATION DAYS PER YEAR 2) Clerical 4A) Full-time Temporary Employees Months of Service Total per Anniversary Date Earned 0 - 59 MONTHS 10 VACATION DAYS PER YEAR 60 - 108 MONTHS 20 VACATION DAYS PER YEAR 109 - 228 MONTHS 25 VACATION DAYS PER YEAR 229 AND OVER 30 VACATION DAYS PER YEAR 24375334.v1 5  ORD#9 B. Employees must work six (6) months to be eligible for vacation accruals. C. Employees will receive their vacation allotment on January 1st of each year. During the first Formatted: Indent: Left: 0", Hanging: 0.5" calendar year of employment, vacation accruals will be prorated on a per month basis for employees that are not employed as of January 1. D. Employees shall receive credit for a month worked for every month in which they work or receive regular compensation for fifteen (15) work days. Time lost by an employee by reason of absence without pay shall not be considered in computing earned credits for vacation leave. E. Employees may accumulate vacation leave credits to a maximum of seventy (70) days. Any employee whose previously approved vacation leave has been canceled in writing by the City shall be allowed to exceed this cap for a period of twelve (12) months by the amount of vacation which was canceled. F. Vacation leave schedules for Department Heads shall be approved by the Mayor. All other employees must receive approval from the appropriate Department Head. G. Vacation leave may not be allowed in advance of earned time, unless approved by the Mayor Formatted: Indent: Left: 0", Hanging: 0.5" or his/her designee. H. Employees shall be entitled to compensation for unused vacation leave to a maximum of thirty (30) days and only in the following instances: 1. Any regular employee who gives at least five (5) working days written notice regarding termination resignation or retirement of his/her employment with the City for reasons other than disciplinary action shall be entitled to compensation for any unused portion of vacation leave time up to thirty (30) days, as of the date of separation. 2. Any regular employee who is placed on indefinite layoff or separated from the City for reasons other than disciplinary action shall be compensated for accrued and unused vacation leave time up to thirty (30) days. 3. Any regular employee who enters military service, other than a temporary deployment, shall be entitled to compensation for unused vacation leave time up to thirty (30) days at the time he/she leaves separates from the City to enter military service. 4. Any regular employee entitled to vacation leave time who may die prior to his/her receipt of said benefit shall have an amount equivalent to his/her pay for such unused vacation leave time paid to his/her next-of-kin or estate or designated beneficiary. 5. When computing compensation for unused vacation leave, rate of pay in effect during the months in which the vacation leave is used shall be the rate at which compensation shall be computed. I. Any employee who, for a period of six (6) consecutive months does not take any sick leave shall have one (1) day of vacation leave credit added for each such period earned. This provision shall not apply to any individual hired by the City after July 1, 2013. J. Employees may redeem up to ten (10) days per year of accrued, unused vacation leave, payable in any pay period designated by the employee and agreed upon by the City. In calendar year 2020 only, employees may redeem up to twenty (20) days of accrued, unused vacation leave, payable in any pay period designated by the employee and agreed upon by 24375334.v1 6  ORD#9 the City. This is a one-time benefit to permit employees to cash out an additional 2 weeks' Formatted: Font: (Default) Arial, 11 pt vacation leave only in calendar year 2020, as approved by the Mayor. Formatted: Font: (Default) Arial, 11 pt, Font color: Auto Formatted: Font: (Default) Arial, 11 pt, Font SECTION 3 – PERSONAL LEAVE color: Auto A. Personal Leave is absence with pay to be used as necessary by the employee and may be taken without giving a reason thereof. Employees wishing to use personal leave shall notify the Mayor or his/her designee as far in advance as practicable. The following groups are not eligible for Personal Leave accruals: 3) Part-time/Seasonal Administrative 4B) Part-time Personnel (‘102’ accounts) 5) City Council Members The following groups are eligible for Personal Leave accruals: 1) Administrative Employees, other than the Mayor 2) Clerical Employees 4A) Full-time Temporary Employees B. Employees shall earn four (4) personal leave days each year. Except as provided in Section C, such leave shall be credited January 1st. The use of Personal leave days is not subject to a wait period. C. During their first calendar year of employment, employees shall earn personal leave on the following basis: Those hired between 01/01 – 03/31 shall earn 4 personal days Those hired between 04/01 – 06/30 shall earn 3 personal days Those hired between 07/01 – 09/30 shall earn 2 personal days Those hired between 10/01 – 12/0131 shall earn 1 personal day D. D. Any personal leave not used by December 31 each year shall be converted to sick leave. E. Any personal leave not used upon the effective date of an employee’s retirement from the City Formatted: Indent: Left: 0", Hanging: 0.5", of Troy, as defined in Section 9 of this Policycontract, shall be converted to sick leave. Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25", F. An employee who separates from City service, for reasons other than retirement, as defined in Tab stops: 0.5", List tab + Not at 0.25" Section 9 of this contract Policy, shall not be compensated for unused personal leave. Formatted: Indent: Left: 0", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: A, B, EG. Any employee required to pay a health insurance premium shall receive an additional personal C, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25", day effective 1/1/2008. Employees shall continue receiving the additional personal day Tab stops: 0.5", List tab + Not at 0.25" effective on the 1st of each year as long as they continue to contribute to their health insurance premium. SECTION 4 – SICK LEAVE A. Sick leave is absence with pay necessitated by the illness or physical disability of the employee, other than that covered by the New York State Worker’s Compensation Act. Sick leave shall not be considered a privilege, which an employee may use at his discretion, but shall be allowed only in case of necessity and actual sickness or disability of the employee. 24375334.v1 7  ORD#9 The following groups are not eligible for Sick Leave accruals: 3) Part-time/Seasonal Administrative Employees 4B) Part-time Personnel (‘102’ accounts) 5) City Council Members The following groups are eligible for Sick Leave accruals: 1) Administrative Employees, other than the Mayor 2) Clerical Employees 4A) Full-time Temporary Employees B. Employees employed as of and after July 1, 1986 shall earn sick leave credits at the rate of one-half (1/2) day per month for the first twenty-four (24) months of employment. After the completion of the first twenty-four (24) months of employment, Eemployees shall Formatted: Indent: First line: 0" earn sick leave credits at the rate of one (1) day, not to exceed the number of hours in their regular workday, per month. Paid leave days covered in this Agreement Policy shall be considered as days worked for accumulation of sick leave credits. Employees shall receive credit for a month worked for every month in which they work or receive regular compensation for fifteen (15) work days. Sick leave shall be computed from the first full working day of the employee. However, no employee shall be entitled to sick leave credit until he/she shall have completed thirty (30) calendar days of employment, at which time he/she shall be credited with the number of hours he/she will have earned during that period of service. An employee who has not served thirty (30) calendar days of service shall not be paid for his/her absence due to illness. Employees employed as of and after July 1, 1986 shall earn sick leave credits at the rate of one-half (1/2) day per month for the first twenty-four (24) months of employment. C. Time lost by an employee by reason of absence without pay shall not be considered in computing earned credits for sick leave. D. The amount of sick leave used by an employee shall be equal to the number of regularly scheduled hours he/she would otherwise have worked during his/her absence on such leave. E. An employee absent on sick leave shall notify the Mayor or his/her supervisor of such absence, at least one hour prior to his/her scheduled starting time. Extreme major medical circumstances will allow the employee to be excused from this requirement. F. Employees may be required to produce a doctor's certificate after two (2) consecutive days of sickness or disability. However, because of an employee's prior sick leave record, the City may request a doctor's certificate after each such absence whether for one (1) day or less, as a condition of payment of sick leave. In the event of failure to submit proof of illness on request, or in the event that upon such proof as is submitted or upon the report of medical examination, the City determines that there is not satisfactory evidence or illness sufficient to justify the employee's absence from the performance of his/her duties, such absence may be considered as unauthorized leave and shall not be charged against accumulated sick leave credits. G. Sick leave will not be granted when absence is due to the use of narcotics or intoxicants, willful misconduct, or any illness or injury incurred while self-employed or employed by other than the City, except that sick leave may be used for time spent in an in-patient narcotics or alcohol 24375334.v1 8  ORD#9 treatment or rehabilitation program. Advanced sick leave credits shall not be granted in these instances. H. When an employee is separated from service with the City for other than disciplinary reasons and is subsequently reinstated or re-employed within one (1) year after such separation, the employee's sick leave credits accumulated and unused at the time of separation shall be restored. In the event an employee is laid off from service with the City, and is subsequently reinstated or re-employed within two (2) years of the lay off, that employee shall be reinstated or re-employed at the same level of benefits enjoyed at the time of the layoff. I. The current provisions of Section 41 (J) of the New York State Retirement and Social Security Law shall apply. J. When approved by the employee's Department Head or Mayor, if applicable, illness in the employee's immediate family may be charged against accumulated sick leave credits; provided however, that charge for such absence shall not exceed three (3) work days per occurrence. Proof of the need for such absences may be required. Advance notice of not less than twenty-four (24) hours shall be provided when possible. For the purpose of this section "immediate family" shall be defined as follows: mother, father, sister, brother, wife or husband, son or daughter, or a member of the immediate household. KAn employee shall be granted five (5) consecutive workdays' bereavement leave due to death in the immediate family during which period such employee shall sustain no loss of pay. For the purposes hereof "immediate family" shall include natural, foster, step-parents or grandparents, children, grandchildren, brothers, sisters, spouse, domestic partner, father-in-law, mother-in- law, or any relative residing in such employee's household. Such leave shall not be cumulative. Subject to verification, if requested, employees shall be granted three (3) scheduled days bereavement leave for brother-in-law, sister-in-law, son and daughter-in-law. Use of and payment of bereavement leave may be subject to verification. SECTION 5 - HOLIDAYS A. Holiday pay is compensation paid for time during which regularly scheduled work would normally be performed, said work having been suspended by reason of a general holiday. 4B) Part-time Personnel (‘102’ Accounts) are not eligible for Holiday pay The following groups will receive their regular paycheck without regard to the holiday schedule: 1) Administrative Employees, Mayor only 3) Part-time/Seasonal Administrative Employees 5) City Council Members The remaining groups are eligible for Holiday Pay: 1) Administrative Employees, other than the Mayor 2) Clerical Employees 4A) Full-time Temporary Employees B. The following shall be general paid holidays for City employees: a. New Year's Day b. Martin Luther King Holiday (Third Monday in January) c. Presidents Day (Third Monday in February) 24375334.v1 9  ORD#9 d. Memorial Day (Fourth Monday in May) e. Independence Day f. Labor Day g. Columbus Day (Second Monday in October) h. Veteran's Day i. General Election Day (First Tuesday in November) j. Thanksgiving Day k. Day after Thanksgiving l. Christmas Day C. When a holiday falls on Saturday, the preceding Friday shall be observed as the holiday; when a holiday falls on a Sunday, the following Monday shall be observed as the holiday. D. If any employee is assigned to a department or bureau that is operating six (6) or seven (7) days per week and the holiday falls on the employee's day off, or if the holiday falls during an employee's vacation, he/she shall be given a lieu day for that day. Such day may be his/her next regularly scheduled workday. E. To qualify for holiday pay, an employee must have worked all of the regularly scheduled hours on the last scheduled work day before and next scheduled work day following a holiday unless excused. F. An employee on an unpaid leave-of-absence or layoff shall not receive holiday pay during such leave. SECTION 6 – OVERTIME AND COMPENSATORY TIME Overtime and Compensatory time will be earned in accordance with the regulations of Formatted: Indent: Left: 0.5" the Fair Labor Standards Act (FLSA) and with the authorization of the Department Head. The following groups are not eligible for Overtime or Compensatory time: 1) Administrative Employees, other than the Confidential Assistant to the Mayor 3) Part-time Administrative Employees 4B) Part-time Personnel (‘102’ accounts) The following groups are eligible for Overtime or Compensatory time: 1) Administrative Employees, Confidential Assistant to the Mayor only 2) Clerical Employees Formatted: Indent: First line: 0.5" 4A) Full-time Temporary Employees A. Authorized employees shall be compensated at one and one-half (1 ½) times the employees’ Formatted: Numbered + Level: 1 + regular rate of pay when said employees actually work in excess of forty (40) hours per work Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent week. For purposes of this Section, personal, vacation, sick, holiday and any other form of at: 0.5" leave with or without pay shall not be counted as hours of work. Such overtime work and pay must be approved by the employee’s supervisor in writing. B. In lieu of overtime pay, an employee may elect to request receive compensatory time off at a rate of one and one-half (1 ½) for each hour actually worked in excess of forty (40) hours per week as defined in this Section. Such compensatory time off must be approved by the employee’s supervisor in writing. C. Compensatory time off may accumulate to a maximum of forty (40) hours per calendar year. Any excess hours sought for compensatory time off shall be paid as overtime pay. There shall be no carry-over of compensatory time off to a new calendar year. Any compensatory time earned but not taken by December 31 each year shall be paid to the employee the first pay 24375334.v1 10  ORD#9 period in February in the new calendar year. Notwithstanding the foregoing, the City may at any time cash out and pay employees the value of compensatory time held by the City for each employee. Payment shall be at the rate of pay in effect at the time of payment, D. Compensatory time off may be taken in the minimum amount of one (1) hour. All requests for compensatory time off shall be approved by the employee’s supervisor in writing. Requests for compensatory time off shall be submitted at least seventy two (72) hours in advance of the date and time requested off. Absent written approval, late submissions shall be denied. SECTION 7 – OTHER LEAVE A. BEREAVEMENT LEAVE Formatted: Indent: Left: 0", Hanging: 0.5", An employee shall be granted five (5) consecutive workdays' bereavement leave due to death Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned in the immediate family during which period such employee shall sustain no loss of pay. For at: 0.5" + Indent at: 0.75" the purposes hereof "immediate family" shall include natural, foster, step-parents or Formatted: Indent: First line: 0" grandparents, children, grandchildren, brothers, sisters, spouse, domestic partner, father-in- law, mother-in-law, or any relative residing in such employee's household. Such leave shall not be cumulative. Subject to verification, if requested, employees shall be granted three (3) scheduled days bereavement leave for brother-in-law, sister-in-law, son and daughter-in-law. Use of and payment of bereavement leave may be subject to verification. B. JURY DUTY Formatted: Indent: Left: 0", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned A regular full-time employee shall be granted a leave of absence when required to report for at: 0.5" + Indent at: 0.75" jury duty provided that he/she shows evidence of such proposed jury duty. Employees shall Formatted: Indent: First line: 0" be paid the difference between any jury duty compensation they receive and their regular wages for each day of jury duty. If an employee serves on jury duty for one-half (1/2) day he/she is required to return to work for the remainder of the day. Documentation confirming jury service may be required by the City. C. WORKERS’ COMPENSATION LEAVE Formatted: Indent: Left: 0", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned SECTION 7 – JURY DUTY at: 0.5" + Indent at: 0.75" A regular full-time employee shall be granted a leave of absence when required to report for jury duty provided that he/she shows evidence of such proposed jury duty. Employees shall be paid the difference between any jury duty compensation they receive and their regular wages for each day of jury duty. If an employee serves on jury duty for one-half (1/2) day he/she is required to return to work for the remainder of the day. Documentation confirming jury service may be required by the City.SECTION 8 – WORKERS’ COMPENSATION LEAVE a. A. Workers' Compensation Leave shall mean leave required as a result of the Formatted: Indent: Left: 0.5", Hanging: 0.5", employee incurring an employment related compensable illness or injury while working Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned for the City, as covered by the New York State Workers' Compensation Act. at: 0.25" + Indent at: 0.5" b. B. In order to be eligible for Workers’ Compensation Leave an employee shall Formatted: Indent: Left: 0.5", Hanging: 0.5", immediately report any illness or injury however minor, to his/her immediate supervisor. Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" c. C. Employees on Workers' Compensation Leave shall keep all benefits except Formatted: Indent: Left: 0.5", Hanging: 0.5", those excluded by Compensation Law for a period of sixty (60) calendar days following Numbered + Level: 1 + Numbering Style: a, b, the date of the employee's accident. Except as provided above, employees on c, … + Start at: 1 + Alignment: Left + Aligned Workers' Compensation Leave shall not accrue sick or vacation leave. at: 0.25" + Indent at: 0.5" 24375334.v1 11  ORD#9 D. Employees on Workers' Compensation Leave shall have their family Formatted: Indent: Left: 0.5", Hanging: 0.5", hospitalization coverage continued by the City for a period not to exceed six (6) months Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned from the first day of Workers' Compensation Leave. at: 0.25" + Indent at: 0.5" d. When an employee is out for an extended Workers’ Compensation injury for up to a six month period, starting from the date the employee goes out of work due to said injury, the City agrees to pay the employee’s health insurance premium no matter the health plan selected by the employee for a period not to exceed six months. The injury must be established by the Workers’ Compensation Board. The employee is responsible for paying the City back if the Workers’ Compensation Board does not establish the injury. Formatted: Indent: Left: 0.5" D. MILITARY LEAVE Formatted: Indent: Left: 0", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: A, B, The City will abide by applicable state and federal law. C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" SECTION 9 – MILITARY LEAVE Formatted: Indent: Left: 0.5" A.The City will abide by applicable state and federal law. SECTION 108 – HEALTH INSURANCE A. The Employer shall offer the health insurance plan, including prescription drugs, vision coverage and dental coverage available to other city employees. The following groups are not eligible for health insurance: 3) Part-time Administrative Employees 4B) Part-time Personnel (‘102’) accounts 5) City Council Members The following groups are eligible for health insurance: 1) Administrative Employees 2) Clerical Employees 4A) Full-Time Temporary Employees B. For employees hired on or after January 1, 1996 the City shall pay eighty five (85%) towards the cost of the employees’ applicable monthly premium equivalent (individual, family, or if offered by the City, two person). C. For new employees hired on or after July 1, 2013, the City shall pay eighty percent (80%) toward the cost of the employees applicable monthly premium equivalent (individual, family, or if offered by the City, two person coverage). D. In the event the City elects to change insurance carriers and/or plan(s), the new plan(s) will must have substantially comparable benefits to the extent possible. Plan participants are responsible for all applicable co-pays and deductibles. E. Newly hired employees may enroll in the Employer’s health plan as soon as practicable under the carrier’s applicable enrollment requirements and procedures. Premiums are collected one month in advance of coverage. F. Prescription drugs offered as part of the Employer’s health plan will be available for employee co- payments of no less than five ten dollars ($510) for generic drugs, no less than fifteen twenty-five dollars ($1525) for preferred brand name drugs, and no less than thirtyforty-five dollars ($3545) for 24375334.v1 12  ORD#9 non-preferred name brand drugs. Express Scripts or comparable mail order drugs will be offered at a ninety (90) day supply for the co-pay price of a sixty (60) day supply. CanaRx or a comparable program will be available for a zero dollar ($0) co-pay for a ninety (90) day supply. Should the Can Rx option become unavailable or no longer be offered by the City, employees shall utilize either the point-of-service or mail order services referenced herein. Formatted: List Paragraph, No bullets or Emergency Care numbering Emergency room visit co-pay shall be $100 Formatted: Underline Formatted: Indent: Left: 0.25", No bullets or Doctor’s Office Visits numbering Office visits; pediatrics; internal medicine; family practice; specialist visits co-pay shall be $25 Formatted: Underline Out-patient Surgery Formatted: Underline F. Out-patient surgery co-pay shall be $100 G. For employees hired on or before June 30, 2013, Uupon retirement from the City, which is further defined in Section 9 of this Policy, the Employer agrees to pay the cost of the health insurance premiums as follows (including health, prescription drugs, and vision coverage): 1. For employees with twenty five (25) years of service with the City of Troy, the City shall contribute 100% of the cost of the individual premium or the family premium, or two (2) person coverage if offered. 2. For employees with eighteen (18) years of service with the City of Troy, the City shall contribute 100% of the cost of the individual premium or 85 % of the cost of a family premium, or 85 % for two (2) person coverage if offered. 3. For employees with fifteen (15) years of service with the City of Troy, the City shall contribute 85% of the cost of the individual premium or 60 % of the cost of a family premium, or 60 % for two (2) person coverage if offered. 4. For employees with ten (10) years of service with the City of Troy, the City shall contribute 50% of the cost of the individual premium or family premium, or 50 % of two (2) person coverage if offered. 5. For employees with less than ten (10) years of service with the City of Troy, such employees are ineligible for health insurance coverage of any kind during retirement. H. For new employees hired on or after July 1, 2013, upon retirement from the City, which is further defined in Section 9 of this Policy, the Employer agrees to pay the cost of the health insurance premiums as follows (including health, prescription drugs, and vision coverage. The plans to be offered to retirees shall be those offered to active City employees, as those plans may change from time to time): 1. For employees with twenty five (25) years of service with the City of Troy, the City shall contribute 80% of the cost of the individual premium or 65% of the cost of the family premium. 2. For employees with twenty (20) years of service with the City of Troy, the City shall contribute 70% of the cost of the individual premium or 55% of the cost of a family premium. 3. For employees with fifteen (15) years of service with the City of Troy, the City shall contribute 60% of the cost of the individual premium or 45% of the cost of a family premium. 24375334.v1 13  ORD#9 Years of Service Individual/Family/or Two (2) Person (if offered) 15 60/45% 20 70/55% 25 80/65% Employees hired on or after July 1, 2013, with less than fifteen (15) years service with the City shall not be eligible for retiree health insurance. I. Upon retirement, the Employer agrees to pay fifty percent (50%) of the cost of dental coverage for eligible retirees. J. All retirees shall enroll in Medicare when eligible and shall be responsible for any and all costs associated with enrollment and/or participation in Medicare in order to receive benefits from the City during retirement. For example, enrollment in Medicare Part B is required. Retirees and their qualified dependents/spouse who become Medicare eligible shall also enroll in the Medicare Advantage Plan or such other plan as designated by the City for such individuals. Enrollment in Medicare Part B is required. JK. Upon the death of the retiree, the spouse may continue the same coverage (health, prescription, dental and vision) at the same rate, if any, that the retiree was contributing. KL. The City shall provide and maintain the family dental plan currently offered by the City, which the City shall contribute one hundred (100%) percent of the annual premiums for coverage of members and their dependents or its substantial equivalent. Employees shall receive dental coverage after thirty (30) days employment with the City. L. There shall be a $2000 annual cap per person on all dental work. M. M. Any non-represented employee may opt not to enroll in the health insurance program. Formatted: No bullets or numbering N. The City shall offer a Flexible Benefits (Cafeteria) Plan for eligible employees. Participants Formatted: Indent: Hanging: 0.5", Numbered may elect to have pre-tax dollars deducted from their bi-weekly salary to cover: + Level: 1 + Numbering Style: A, B, C, … + Start at: 14 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5" Dependent Care Program: Dependent care expenses paid to a dependent care center or provider for care of a dependent child under age 13 or For a dependent who is physically or mentally incapable of caring for themselves. Un-reimbursed Medical Expenses: Employees who enroll in the City’s health insurance program may have their contributions deducted pre-tax from their bi-weekly salary. Formatted: Indent: Left: 0" SECTION 119 -– RETIREMENT Formatted: Font: (Default) Courier, No underline A. “Retirement from the City” shall mean and require that a covered individual ceases separation from service with the City of Troy and immediately begins to receive officially receiving pension Formatted: Normal benefits from the NYS Retirement System from which he/she is eligible to receive pension benefits. 24375334.v1 14  ORD#9 B. The City shall be a participant in the New York State Employee's Retirement System and shall subscribe to the following plan: Non-contributory "25-Year Career" Plan (Section 75-g of the Retirement and Social Security Law). BC. The following "fringe" retirement benefits shall further be subscribed to: 1. The right to purchase service credit for WWII military service. 2. Re-opening of the privilege of having service credited for a past period of military leave without pay. 3. The right to purchase credit for service while a member of any other New York State or subdivision of the State's retirement systems. CD. Employees who are within eighteen (18) months of their retirement date (20 years of City employment) shall be entitled to one (1) day leave with pay to be used within that eighteen (18) month period for the purpose of seeking retirement career and/or related financial counseling and/or planning. The City shall facilitate the same by making available, at the employee's option, free consultation with appropriate City personnel to assist in such counseling and/or planning and to provide such information as the City may have with respect to an employee's rights and benefits upon retirement from the City. Requests for this leave shall be made to the Mayor or Department Head at least twenty-four (24) hours in advance. An employee who chooses to remain with the City for three and one-half (3 ½) years after their retirement date (20 years) is thereafter entitled to another one (1) day leave with pay to be used for the purposes set forth above. SECTION 1210 - LONGEVITY A. The City agrees to pay a longevity allowance in addition to salaries, only to employees in the following groups: 1) Administrative Employees, other than the Mayor 2) Clerical Employees 1. This longevity payment shall be made on the first regular payday of DecemberNovember. 2. Employees that qualify under the following categories shall be paid the designated longevity payment. a. To those employees who have completed five (5) years of service with the City of Troy on or before January 1, the sum of $550.00800.00. If the five (5) years are completed during the calendar year, the prorated portion shall be paid; b. To those employees who have completed ten (10) years of service with the City of Troy on or before January 1, the sum of $750.001,000.00. If the second five (5) year period is completed during the calendar year, the prorated portion of the additional increment shall be paid; c. To those employees who have completed fifteen (15) years of service with the City of Troy on or before January 1, the sum of $950.001,200.00. If the third five 24375334.v1 15  ORD#9 (5) years are completed during the calendar year, the prorated portion shall be paid; d. To those employees who have completed nineteen (19) years of service with the City of Troy on or before January 1, the sum of $1,150.001,400.00. If the nineteenth year of service is completed during the calendar year, the prorated portion of the additional increment shall be paid; e. To those employees who have completed twenty-five four (2524) years of service with the City of Troy on or before January 1, the sum of $1,300.001,600.00. If the twenty fifth fourth year of service is completed during the calendar year, the prorated portion shall be paid; f. To those employees who have completed twenty-nine (29) years of service with the City of Troy on or before January 1, the sum of $1,700.002,000.00. 3. Service with the City of Troy need not be continuous service; however, only actual working time (not leaves of absence, etc.) shall be counted. Employees shall receive credit for a month worked for every month in which they work or receive regular compensation for fifteen (15) work days. SECTION 1311 – HOURS OF WORK The regular week for full-time employeesthe following groups shall be seventy (70) hours in a two week pay period: . 1) Administrative Employees 2) Clerical Employees SECTION 1412 – TUITION REIMBURSEMENT With prior approval from the Mayor, and depending on available budget allocations, full-time employees may be reimbursed up to $1,500 per year towards the cost of tuition for courses directly related to job enhancement. Payment will be made upon submission of final grades. In order to qualify for reimbursement, the following grades must be earned: A. Grade C or higher for undergraduate courses B. Grade B or higher for graduate courses SECTION 1513 – DRUG AND ALCOHOL POLICY 1. All Non-Represented Employees are prohibited from reporting to duty when either under the influence of drugs, or when their Blood Alcohol Concentration (BAC) level is .02 or higher. 2. Non-Represented Employees are prohibited from transporting any alcohol in City vehicles. 3. Non-Represented Employees are subject to “reasonable suspicion” testing, as defined in the City Of Troy Driver Alcohol and Drug Testing Policy. 24375334.v1 16  ORD#9 4. Any employee who violates the policy is subject to disciplinary action. Any employee who refuses to take an authorized drug and/or alcohol test, or who delays reporting for such test, or otherwise seeks to avoid such test shall be deemed to have a positive test. 5. Insofar as practical, the definitions and procedures set forth in the City of Troy Driver Alcohol and Drug Testing Policy will also be applied to define the City’s authority to require any Non Represented Employee to submit to reasonable suspicion testing. SECTION 14 – LEGISLATIVE APPROVALS A. The terms of this Policy are not fixed and may be amended from time to time as required by Formatted: Numbered + Level: 1 + the Mayor and approved by the City Council. Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent B. This Policy applies to certain positions in the City of Troy and is intended to be read in concert at: 0.5" with and accordance withto any and all terms of the Charter and Code and all other policies adopted by the City of Troy which apply to employees. C. This Policy does not amend, limit, or otherwise change the rights of the City under the Charter, Code or any other applicable rule, regulation, statute or other authority with respect to the employees covered herein. 24375334.v1 17 ORD#9 ORD#9 ORD#9 ORD#9 ORD#9 ORD#9 ORD#9 ORD#9 ORD#9 ORD#9 ORD#9 ORD#9 ORD#9 ORD#9  ORD#10 ORDINANCE AMENDING THE SPECIAL GRANTS FUND BUDGET The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2020 budget is herein amended as set forth in Schedule A entitled: 2020 Budget Amendments – Federal Forfeitures Cleanup which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Approved as to form, February 6, 2020 James A. Caruso, Esq., Corporation Counsel  ORD#10 MEMO IN SUPPORT This ordinance amends the budget for the Special Grants Fund to clean-up the accounts associated with Federal Forfeitures creating a balanced budget within the fund and also returns unused funds from prior years so that they can be reallocated.  Schedule A ORD#10 2020 Budget Amendments - Federal Forfeitures Cleanup Original Change Revised Department Account No. Description Budget* (+/-) Budget Revenues Federal Forfeitures CD.3000.2620.8000.8298 Federal Forfeitures 231,307.12 515,789.53 747,096.65 Federal Forfeitures CD.3000.2620.8000.8328 Federal Forfeitures 182,000.00 (12,425.00) 169,575.00 Expenditures Federal Forfeitures CD.0000.9522.8000.8298 Expense Direct Hit 0.00 20,742.93 20,742.93 Federal Forfeitures CD.2014.0203.8000.8298 Other Equipment 110,439.00 (686.78) 109,752.22 Federal Forfeitures CD.2014.0303.8000.8298 Other Material & Supplies 6,500.00 (1,898.76) 4,601.24 Federal Forfeitures CD.2015.0203.8000.8298 Other Equipment 44,486.00 (66.82) 44,419.18 Federal Forfeitures CD.2016.0203.8000.8298 Other Equipment 85,892.00 (10,650.39) 75,241.61 Federal Forfeitures CD.2017.0203.8000.8298 Other Equipment 84,600.00 (30.10) 84,569.90 Federal Forfeitures CD.2017.0204.8000.8298 Facilities Upgrade / Improvements 15,000.00 (2,202.00) 12,798.00 Federal Forfeitures CD.2013.0203.8000.8327 Other Equipment 322,000.00 (12,425.00) 309,575.00 Net Impact On Special Grants Fund 510,581.45 * Or as previously amended  ORD#11 ORDINANCE AUTHORIZING AND RATIFYING THE EMPLOYMENT MEMORANDUM OF AGREEMENT BY AND BETWEEN THE CITY OF TROY AND THE UNITED PUBLIC SERVICE EMPLOYEES UNION (UPSEU) The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy and the United Public Service Employees Union have successfully negotiated the terms of a “Memorandum of Agreement” which “memorandum of Agreement” is attached hereto as Exhibit “A” and made a part hereof. Section 2. The members of the United Public Service Employees Union have ratified the proposed “Memorandum of Agreement” found in Schedule “A” herein, and shall be bound by the terms of that agreement upon ratification of the City Council of The City of Troy and execution by the Mayor Section 3. This act shall take effect immediately. Approved as to form, February 6, 2020 James A. Caruso, Esq., Corporation Counsel  RES#23 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH PROFESSIONAL SERVICE INDUSTRIES, INC (PSI). FOR THE PURPOSE OF ASBESTOS INSPECTION SERVICES WHEREAS, The City of Troy, New York is requesting qualifications and proposals from firms to provide, as needed, asbestos inspection, project design and air monitoring services. These services ensure that ACM is managed in compliance with all NYS regulatory requirements and to protect the health and well-being of occupants and the general public in City facilities. The City of Troy is seeking to enter into an Independent Services Agreement with a qualified firm to perform these services on an on-call basis for a period of (1) One year with an option to renew for (2) two additional, one-year periods; and WHEREAS, the vendor will provide basic services of the Asbestos inspection, project design and monitoring services firm include, but are not limited to: 1. Survey, bulk sampling, inspection, and report preparation for removal or design for removal of ACM for various City projects. 2. Assess hazards posed by the presence of ACM and recommend appropriate response actions. 3. Plan scope, timing, phasing, and remediation methods to be utilized on ACM abatement projects. 4. Provide comprehensive reports detailing monitoring activities at the conclusion of all asbestos abatement projects. 5. Respond on emergency basis and provide air monitoring 24 hrs/day. II. QUALIFICATIONS NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes the Mayor to enter into a contract with Professional Service Industries, Inc. for 2020, with an option for an additional one (1) year extension for the year 2021. Approved as to form February 6, 2020 James A. Caruso, Corporation Counsel RES#23 RES#23 RES#23 RES#23 RES#23 RES#23 RES#23 RES#23 RES#23 RES#23 RES#23 RES#23 RES#23