WHEREAS,  it is necessary to set policy for salary and benefits paid the Service Director of the City of Cortland.


WHEREAS, the following is subject to set policy, namely:


                        DONALD WITTMAN- DIRECTOR OF PUBLIC SERVICE                                         






Section 1: This Agreement is hereby entered into by and between the City of Cortland, hereinafter referred to as the “ City “ and the Director of Public Service hereinafter referred to as the “ employee “.




Section 1:   Effective  July 1. 2011 the City of Cortland does hereby approve the annual salary be paid to the above named to be $59,675.20.  Effective 07/01/12 the annual salary will be $60,271.95.  Effective 07/01/13 the annual salary will be $61,477.39   There shall be no compensatory time. In addition to this salary, the employee shall also receive the following benefits:  Personal Leave; Sick time; and Vacation Time as defined below.  When the employee takes time off work he/she shall report the time taken and the purpose for the time off, e.g. personal leave, sick time or vacation time to the Finance Department.  The employer will pay  100% of the employee’s statutorily required contribution to the Public Employee Retirement System


Section 2:  In the event the City, by virtue of amendments to Ohio’s retirement system, is prohibited from picking up the employee’s contribution to the retirement fund, the City agrees to increase the employee’s hourly wage by  the amount of 10% pick-up for which the Ci6ty has been responsible.




Section 1: Sick Leave.  Employees shall earn sick leave at the rate of 4.6 hours, with pay, for each eighty (80) hours of service, not to exceed fifteen (15) days per calendar year.  Unused sick leave shall be cumulative without limit.  Sick leave shall be charged to an employee on the basis of the actual time absent (in one-half (1/2) hour increments).  An employee who sustains a service connected injury shall not be required to exhaust accumulated sick leave before being entitled to apply for benefits under Worker's Compensation (subject to any requirements of state law).


An employee may use sick leave, upon approval of the responsible administrative authority, for absence from regularly scheduled hours of employment only for the following reasons:


            A.        Sickness, illness, or injury of the employee;


            B.         Pregnancy, childbirth, or related conditions of the employee or childbirth

                        or related conditions of the spouse;


            C.        Exposure to contagious disease which could be communicated to other



            D.        Sickness, illness, or injury to a member of the immediate family.


            E.         Medical, dental, or optical examination of the employee where such

                        examination cannot reasonably be scheduled outside of regular working

                        hours.  (Medical examination shall be deemed to include any licensed




Section 2.  Each employee shall sign a leave request form, provided by the Employer, requesting and justifying the use of sick leave.  Where medical attention is required and/or where an absence extends for more than three (3) work days, documentation from a physician or licensed practitioner may be required, stating the nature of the illness, injury, or condition, and the date the employee is able to return to work.  Falsification of either a written signed statement or medical documentation shall be grounds for disciplinary action including dismissal.


Section 3.  Attendance Bonus.  The following attendance bonus will be in effect during the tenure of this contract.  If perfect attendance is achieved from November 1st through April 30th a bonus of one hundred and fifty dollars ($150.00) will be earned.  If perfect attendance is achieved from May 1st through October 31st a bonus of one hundred and fifty dollars ($150.00) will be earned.  If an employee is eligible for BOTH bonuses from November 1st through October 31st he shall be entitled to an additional bonus of fifty dollars ($50.00).  All bonuses shall be paid no later then November 15th.  The use of Personal leave, provided in the article, military leave, or bereavement shall not be considered against the employee in determining his eligibility for the attendance bonus.


Section 4.  Personal Leave.  Up to five (5) days of sick leave per year may be used for absence for personal reasons upon approval of  Mayor.


Section 5.  Accrued Sick Leave.  Sick leave earned but unused during any period shall accumulate from year to year, and upon separation from the department , said employee or next of kin shall be entitled to one hundred percent ( 100% ) of the accumulated but unused sick leave in pay up to a maximum of sixty ( 60 ) days.


This section applies only to sick leave that was earned from employment with the City of Cortland.





Section 1.  Jury Duty.  Any employee serving as a result of being subpoenaed for any court or jury duty by the United States, the State of Ohio, or any political subdivision will be paid his regular wages for each regularly scheduled work day he is so serving, less whatever compensation said employee receives as compensation for jury or court duty, excluding any travel or meal allowances.  Time so served shall be deemed active and continuous for service purposes.


All leave granted pursuant to this provision shall commence on the date of appearance on the summons or subpoena, a copy of which shall be provided to the Employer.


On days when an employee is released early from his jury duty obligation, he shall report for work in order to complete his regularly assigned work hours, provided three (3) hours or more would remain in the work day, exclusive of any normal travel time.


Section 2.  Bereavement Leave.  When a death occurs in the immediate family of an employee, he/she shall be granted four (4) days of leave with pay.  If extenuating circumstances prevail, more time, at the discretion of the Mayor may be granted said employee however employee shall use sick, vacation or personal leave.


The immediate family shall be defined as spouse, parent, stepparent, parent-in-law, child, stepchild, brother, half-brother, sister, half-sister, grandparent, grandchild, brother-in-law, sister-in-law, aunt or uncle.


Any relationship of significant value to an employee may qualify for bereavement leave with the approval of the Mayor.


Section 3.  Leave Without Pay.  The City may grant temporary leave without pay for a period not to exceed one calendar year upon request, in writing, of an employee, and for good cause shown.  Such requests will not be unreasonably denied.



Section 4.  Combined Leave.  An employee who has exhausted all available sick leave, but who is otherwise entitled to sick leave, shall be entitled to take vacation time prior to taking disability leave without pay.




Section 1.  In the event of a service connected injury while in the active discharge of duty, and for which the employee shall be entitled to temporary total disability payments from Worker's Compensation Bureau, the employee shall receive his full pay for a period not to exceed one (1) year.  During this time, any payments in the form of weekly benefits shall be turned over to the city, however, the employee or his beneficiary shall be entitled to all partial and/or permanent awards other than the weekly benefits as provided above.


Section 2.  Any time an employee is required to be absent from work, due to the work incurred injury, such time shall not be deducted from his accumulated sick time for a period not to exceed one (1) year.


Whenever an employee is required to stop working because of a service connected injury or disability, he/she shall be paid for the remaining hours of that work day and such time shall not be charged against leave of any kind.


If an employee on injury leave is capable of performing light duties the City may reasonably request that employee to return from injury leave and perform such light duties.




Section 1.  Designated paid holidays for full-time employees in the bargaining unit are as follows:


                        New Year's Day

                        Martin Luther King Day

                        President's Day

                        Good Friday

                        Memorial Day

                        Fourth of July

                        Labor Day

                        Thanksgiving Day

                        Day after Thanksgiving Day

                        Christmas Day

                        Employee's Birthday


Additionally, each employee is entitled to one (1) personal holiday per calendar year. 


Employees shall be entitled to use their birthday any day within the pay period that their birthday fall.


 If any of the above holidays fall on a Sunday, the following Monday shall be considered the holiday.  If any of the above holidays fall on a Saturday, the preceding Friday shall be considered the holiday.



No employee may be granted any other day as a holiday in lieu of any of the above listed holidays







Section 1.  Full-time bargaining unit employees are entitled to vacation with pay based upon length of continuous service with the City as follows:


Length of Service                                                                   Vacation


One (1) through five (5) years                                       80 hours

After five (5) years                                                                    120 hours

After six (6) years                                                                     128 hours

After seven (7) years                                                                136 hours

After eight (8) years                                                                  144 hours

After nine (9) years                                                                   152 hours

After ten (10) years                                                                  160 hours

After fourteen (14) years                                                           180 hours

After seventeen (17) years                                                        200 hours


Section 2 : Earned vacation, according to the schedule in Section 1 above, shall be awarded on January 1st of each calendar year. Upon an Employee’s termination of service to the City, such employee shall be paid cash for accrued but unused vacation calculated at base rate. Should an employee be deceased, such unused vacation moneys shall be paid to the employee’s spouse. Should the employee have no spouse, said moneys shall be paid to the beneficiary listed on the employee’s city life insurance policy.


Section 3 : Years of service shall be computed in the same manner as is seniority and shall include credit for active military service, provided that such military time is served after the onset of employment with the City


Section 4 :  Employee’s may accumulate vacation time in accordance with the provisions of Ohio law.


Section 5 : Unused vacation time accumulated prior to the effective date of this agreement shall be retained and taken at such time and such amounts as provided in this agreement.


Section 6.  Eligible employees may request vacation leave commencing with the first full pay period following completion of the applicable required years of service.  No employee shall be entitled to vacation until completion of one (1) full year of continuous service with the City.





Section 1.  The City agrees to make available a group health insurance plan, including a prescription drug program and vision program, at benefit levels which are equivalent to those of the Cortland City Service Department Contract as in effect on 09/01/07. The employee may elect single or family (dependent) coverage. 


Section 2. Payment of the health insurance premium shall be as follows:


Effective 07/01/11 the employee shall pay 5% of the premium amount or monthly cap amount stated below, whichever is less.


Single coverage HSA                  $25.00      Family coverage HSA     $45.00

Single coverage Traditional       $30.00      Family coverage Traditional    $60.00


Effective 07/01/12 the employee shall pay 8% of the premium amount or monthly cap amount stated below, whichever is less.


Single coverage HSA                   $30.00     Family coverage HSA                 $60.00

Single coverage Traditional       $50.00     Family coverage Traditional     $90.00


Effective 07/01/13 the employee shall pay 10% of the premium amount or monthly cap amount stated below, whichever is less.


Single coverage HSA                   $40.00     Family coverage HSA                  $80.00

Single coverage Traditional       $60.00     Family coverage Traditional     $120.00


City will pay the remaining premium for all coverage options.


Section 3.  The employer agrees to provide, at sole cost and expense, Life Insurance as stated in Cortland City Service Department Contract for each bargaining unit employee.


Section 4.  Opt Out – In the event the employee chooses to opt out of the City’s health plan, he may do so only on the policy anniversary date.  Every employee who chooses to opt out of the City’s health plan shall provide proof of insurance from another source and shall receive $100 per month payable in the pay period that includes the policy anniversary date.


Section 5.  Health Insurance Incentive:  The employee shall receive 1.5% of their rate of pay on the first full pay in January.



Section 1.  Upon the death of an employee, compensation at the rate of said employee's base rate, at the time of death, shall be paid to the employee's widow, children, and/or estate for all unused vacation, paid holidays earned  and one hundred percent ( 100% ) of the accumulated but unused sick leave in pay up to a maximum of sixty ( 60 ) days at the time of death.



Section 1.  It is the intent and obligation of the City to provide a drug free work environment.  This policy has been developed in recognition of and in response to the rights of each individual as well as our responsibility to assist in the elimination of the national problem; particularly when the problem concerns our employees.  The City Drug Free workplace policy is included as a part of this agreement.




Section 1.  This agreement shall continue in force and effect for three (3) years from its effective date of July 1, 2011 through June 30, 2014 and shall constitute the entire agreement between the City and the Director of Public Service.  All rights and duties of both parties are specifically expressed in this Agreement.





Section 1.  Written formal evaluation shall be performed annually by the Mayor.


Section 2.  Compensation for said Service Director shall come out of the following funds:


            One-third        (1/3)     General Fund (Service Fund)

            One-third        (1/3)     Water Revenue Fund

            One-third        (1/3)     Sewer Revenue Fund


Section 3.  The responsibilities of the Service Director shall be as set forth in the Cortland City Charter, Article VIII, as well as those outlined in the job description of the Cortland City Service Director, or by the direction of the Mayor.


Section 4.  The Service Director or their representative is required to attend all regularly scheduled meetings of Cortland City Council and Cortland Planning Commission, in addition the meetings of the Cortland Board of Zoning Appeals, Cortland Parks and Recreation Board as required.


Section 5.  All ordinances and parts of ordinances contrary to the provision of this ordinance shall be and the same is hereby repealed.


Section 6.  This ordinance having the procedural rules suspended shall take effect immediately to insure proper staffing that will guarantee that the business of the City will continue without interruption, which is in the best interests of the welfare of the residents of the City of Cortland.





PASSED IN COUNCIL THIS ________DAY OF ________________, 2011.







ATTEST: ____________________________   _________________________________

                        CLERK OF COUNCIL                     PRESIDENT OF COUNCIL







FILED W/MAYOR ________                         _________________________________

                                    DATE                                                 MAYOR




                                                                                         DATE APPROVED








EMERGENCY                                  ORDINANCE