Sec. 2-93. - Definitions.

As used in this article, the following words and terms shall have the meanings ascribed to them in this section:

(1)

Employee. Those persons employed by the City of Newport News. Employee shall also include the constitutional officers and their employees, the registrar and the registrar's employees, the sheriff and the sheriff's employees, and the clerk of court and the clerk's employees. The term employee shall not include independent contractors nor shall it include school board employees, boards and commission members or employees of agencies for which the city acts as fiscal agent.

(2)

Regular position. A position which has an expected duration of one (1) year.

(a)

Regular full-time positions have an established work schedule of forty (40) hours per week or equivalent (e.g., fire department employees assigned to the three-platoon system).

(b)

Regular part-time positions have an established work schedule of twenty (20) hours or more per week for at least forty (40) weeks per year.

(3)

Temporary position. A position not meeting the criteria defining regular full-time or regular part-time positions.

(Ord. No. 4259-91)

Sec. 2-93.1. - Eligibility of constitutional officers for benefits.

Persons elected to constitutional offices, who were not city employees at the time of their election, shall not be eligible to participate in paid personal leave and paid medical leave programs, but will be eligible for other benefits. Persons who were employed by the city in a regular full-time position at the time of their election shall be eligible to continue to participate in paid personal leave and paid medical leave benefits if they were so participating at the time of their election.

(Ord. No. 4259-91; Ord. No. 5159-98, § 1)

Sec. 2-93.2. - Reserved.

Editor's note—

Ord. No. 5162-98, § 1, adopted June 23, 1998, repealed § 2-93.2, which pertained to eligibility of employees of other agencies for insurance benefits. See the Code Comparative Table.

Sec. 2-93.3. - Eligibility of employees of the magistrate's office for benefits.

City employees of the magistrate's office who are in positions designated as regular full-time shall not be eligible for holidays and shall not be eligible to participate in paid personal leave and paid medical leave programs, but will be eligible for retirement benefits and other benefits to city employees pursuant to this article.

(Ord. No. 4990-97; Ord. No. 5159-98, § 1)

Sec. 2-94. - Holidays.

(a)

All regular full-time employees are eligible for paid holidays.

(b)

The following days shall be designated as "holiday" and shall be so observed in the city:

(1)

First day of January (New Year's Day).

(2)

Third Monday in January (Dr. Martin Luther King, Jr.'s Birthday).

(3)

Third Monday in February (George Washington's Birthday).

(4)

Last Monday in May (Memorial Day).

(5)

Fourth day of July (Independence Day).

(6)

First Monday in September (Labor Day).

(7)

Eleventh day of November (Veteran's Day).

(8)

Fourth Thursday in November (Thanksgiving Day) and the Friday next following such day.

(9)

One-half day (four (4) hours) on the twenty-fourth day of December (Christmas Eve).

(10)

Twenty-fifth day of December (Christmas Day).

(c)

The city recognizes eight (8) working hours for each full day holiday and four (4) working hours for Christmas Eve when Christmas Eve is recognized as a holiday.

(d)

Whenever any of such days, except Christmas Eve, shall fall on Sunday, the Monday next following such day shall be observed as a holiday, and whenever any of such days, except Christmas Eve, shall fall on Saturday, the Friday preceding such day shall be observed as a holiday.

(e)

Employees who are eligible for paid holidays and whose work schedules regularly require holiday work shall be granted compensatory time off equivalent to the recognized number of holiday hours. Pay at the regular rate of pay of the employee may be granted at the discretion of the department head in lieu of compensatory time off under this subsection.

(Ord. No. 4259-91)

Sec. 2-95. - Overtime pay; compensatory time off.

(a)

Employee eligibility. The city manager is authorized to determine the eligibility for or exemption from overtime compensation for each position. Such determinations shall be made in accordance with the Fair Labor Standards Act and the regulations issued thereunder.

(b)

Criteria. Eligible employees shall receive overtime compensation for time worked in excess of forty (40) hours per week for those on the standard forty (40) hours per week work schedule or in excess of the maximum number of hours permitted by the Fair Labor Standards Act for other work schedules. The city manager may establish policies to provide additional compensation in certain work situations.

(c)

Overtime pay rate. Overtime shall be compensated at a rate of one and one-half (1½) times the employee's hourly rate of pay.

(d)

Compensatory time off in lieu of overtime pay. Employees who are eligible for overtime compensation may be compensated with compensatory time off in lieu of overtime pay within the limits permitted by the Fair Labor Standards Act. Compensatory time off shall be computed at a rate of one and one-half (1½) times the overtime hours worked.

(e)

Administrative guidelines. The city manager shall promulgate the necessary administrative rules and procedure to ensure the uniform operation of this section.

(f)

Authority. Overtime shall be allowed only pursuant to this section and only by authority of the city manager or his designated representative.

(Ord. No. 4259-91; Ord. No. 5159-98, § 1)

Sec. 2-95.1. - Reserved.

Editor's note—

Ord. No. 4470-93, § 2, adopted May 25, 1993, repealed § 2-95.1, which pertained to temporary work schedule change, compensation. See the Code Comparative Table.

Sec. 2-95.2. - Standby pay.

(a)

Definition. "Standby pay" is that particular compensation which is authorized to be paid to an eligible employee who must be on call during periods which are outside that employee's normal work schedule. Such on-call status must be approved by the city manager prior to the placement of an employee in the on-call status. Merely being subject to call is not equivalent to being in a formal on-call status.

(b)

Authorization. Standby pay is authorized to be paid to eligible employees who are placed in a formal on-call status outside their normal work schedule. Employees who are exempt from overtime eligibility shall be ineligible to receive standby pay unless an exception is authorized by the city manager.

(c)

Rate of compensation. The rate of compensation which shall be received by an employee who serves in an on-call status shall be determined by the city manager after careful consideration of the following:

(1)

Regular rate of pay of the employee.

(2)

Conditions imposed as a result of the individual employee's standby status which restricts the employee's activities.

(3)

Conditions of employment, whether formal or as the result of custom or usage.

(d)

Standby hours not considered as overtime. Hours served in a standby status shall not be considered as "hours worked" for overtime purposes.

(Ord. No. 4259-91)

Sec. 2-95.3. - Holiday-differential pay.

(a)

Employee eligibility. All regular full-time employees of the city who are eligible for overtime compensation and who work a normal work schedule which does not regularly require holiday work shall be eligible to receive holiday-differential pay for each hour worked on a holiday. Employees whose work schedules regularly require work on holidays do not qualify for holiday-differential pay.

(b)

Holiday-differential pay. Holiday-differential pay shall be computed at the rate of one and one-half (1½) times the employee's regular hourly rate of pay for those hours worked on a holiday, which pay shall be in addition to eight (8) hours of regular holiday pay.

(Ord. No. 4259-91)

Sec. 2-95.4. - Reserved.

Editor's note—

Ord. No. 5161-98, § 1, adopted June 23, 1998, repealed § 2-95.4, which pertained to part-day absences. See the Code Comparative Table.

Sec. 2-96. - Tuition refund; administrative policies and procedures.

Subject to the annual appropriation of funds for this program, any regular full-time employee who has satisfactorily completed six (6) months employment may apply for tuition reimbursement for classes beginning after the six-month period which are directly related to the employee's work and for classes required for a degree in a field directly related to the employee's work. If the employee attended a state-supported college, the amount of tuition reimbursement shall be the actual tuition charge made by such college. If the employee did not attend a state-supported college, then the amount of tuition reimbursement shall be limited, to the lowest tuition charge imposed by a local state-supported college for a substantially comparable course. The city manager is authorized to promulgate policies and procedures governing tuition reimbursement.

(Ord. No. 4259-91; Ord. No. 6609-09, § 1)

Sec. 2-97. - Jury duty pay.

(a)

Regular full-time employees who must be absent from work as a result of jury duty shall be excused and continue to receive regular compensation as though they had worked their regularly scheduled work day. Regular part-time and temporary employees shall be excused from work to perform jury duty without pay. Employees may, at their option, charge any paid personal leave or compensatory time that the employee may have accrued. Regular full-time employees who exercise this option shall charge paid personal leave or compensatory time in lieu of receiving regular compensation

(b)

Any court payments received by regular full-time employees as a result of jury duty performance during the employee's normal working hours, excluding compensation for mileage and tolls, shall be submitted to the city treasurer for deposit into the general fund of the city. Payments from the court may be retained by regular full-time employees when the employee has served on jury duty during hours in which the employee is off duty, or when the employee, at his option, has chosen to charge any paid personal leave or compensatory time that the employee may have accrued in lieu of receiving regular compensation for the time served on jury duty. Payments received by regular part-time and temporary employees may be retained by the employee.

(c)

No adverse personnel action shall be taken against any employee who must be absent from work as a result of jury duty.

(Ord. No. 4259-91; Ord. No. 6499-08)

Sec. 2-98. - Employee appearance in court and administrative proceedings.

(a)

Any regular full-time employee subpoenaed or summoned to appear in a court or an administrative proceeding, including situations when the employee has already appeared in court and has been required in writing to appear at a future hearing, provided the employee has given reasonable notice to his supervisor, shall receive a civil leave of absence with pay if said appearance is during the employee's normal working hours and the case is not related to his employment.

(b)

Employees who are required to attend court or an administrative proceeding by the office of the city attorney or the office of the commonwealth's attorney to testify on behalf of the city or the commonwealth, respectively, in regards to matters arising in the course of official duties shall be considered to be working during such court or administrative proceedings. Time spent in court or at an administrative proceeding, or while participating in other aspects of case preparation or discovery, where the employee is a defendant or witness in a court case or an administrative proceeding and is being defended or assisted by the city attorney, or his designee, shall also be considered work time.

(c)

Any payments other than regular pay, received by employees for court and discovery appearances under subsections (a) and (b), excluding compensation for mileage and tolls, shall be submitted to the city treasurer for deposit into the general fund of the city.

(d)

Employees appearing as a plaintiff in a court case, or as a defendant in a civil or criminal case not defended by the city attorney or his designee, shall not be entitled to civil leave with pay during such court appearances. In such cases, the employee shall be excused from work to attend, and no adverse personnel action shall be taken against the employee. Regular full-time and regular part-time employees may, at their option, charge any paid personal leave or compensatory time that the employee may have accrued, or the time may be unpaid.

(e)

When regular part-time and temporary employees are subpoenaed or summoned to appear in court for non work related cases, the employee shall be excused from work to attend the court case. Time off for court appearances for regular part-time and temporary employees shall be without pay and no adverse personnel action shall be taken against the employee for being absent from work as a result of the court appearance provided the employee has given reasonable notice to his supervisor. However, regular part-time employees may, at their option, charge any paid personal leave or compensatory time that the employee may have accrued.

(Ord. No. 4259-91; Ord. No. 6499-08)

Sec. 2-99. - Payment of compensation after death of officer or employee.

Upon the death of any officer or employee of the city, other than an elective officer, who shall die during the term of employment, as one (1) of the terms or conditions of employment, there shall be paid to the surviving spouse or if there be none, then to the dependents of such officer or employee, wholly dependent upon such officer's or employee's earnings for support at the time of such death, such officer's or employee's regular pay or compensation to the end of the pay period in which the officer or employee died; provided, however, that no payment, other than the compensation earned but unpaid at the time of death, shall be made hereunder in cases of death resulting from causes for which the city will be liable under the provisions of the Workmen's Compensation Act of Virginia.

(Ord. No. 4259-91)

Sec. 2-100. - Acceptance of salary allotment authorizations generally.

The city manager is authorized to accept salary allotment authorizations from employees to cover the entire cost of any deferred compensation plan, hospitalization plan, health maintenance plan, health fitness plan, life insurance, health and accident insurance, dental insurance, Peninsula United Way contributions, and any of the component parts of any cafeteria benefits plan established pursuant to Section 125 of the Internal Revenue Code, or any similar plans authorized by the city council which will promote the welfare of city employees. The city manager is also authorized to accept salary allotment authorizations to the employee credit union.

(Ord. No. 4259-91; Ord. No. 4630-94, § 1)

Sec. 2-101. - Payroll deduction plan for purchase of U.S. savings bonds.

(a)

The director of finance is hereby designated as the custodian of the funds allotted by the employees of the city from their salaries and wages for the purchase of savings bonds of the United States. All funds so allotted and deducted shall be accumulated in a payroll deduction account known as "City of Newport News Savings Bond Deductions," and shall be subject to disbursement on checks signed by the director of finance as custodian of such funds.

(b)

The custodian shall keep an account for each employee showing the amount of each deduction under this section, the date made and the purchase of bonds in such employee's name.

(c)

The custodian shall purchase, from time to time, for each such employee, such savings bonds as the accumulated deductions to the credit of such employee warrants.

(d)

In the event any employee participating in the plan provided for in this section cancels such participation, the custodian shall return to the employee any balance then remaining in the savings bond deduction account to the credit of such employee.

(Ord. No. 4259-91)

Sec. 2-102. - Service awards; program establishment.

(a)

All regular, full-time employees of the city with five (5), ten (10), fifteen (15), twenty (20), twenty-five (25), thirty (30), thirty-five (35), forty (40), forty-five (45) or fifty (50) years of continuous service with the city shall be able to participate in the service awards program. Service with the former cities of Newport News and Warwick will be counted in making this award, as will service in the armed services, provided the employee was employed by the city prior to enlistment or induction and provided the employee was given an honorable or medical discharge by the United States government. Employees who terminate their employment for reasons other than retirement prior to presentation of awards shall be ineligible to receive an award.

(b)

The city manager shall establish the service awards program. The program may consist of awards in the form of gifts or certificates. Each award shall display the seal of the city.

(Ord. No. 4259-91)

Sec. 2-103. - Reserved.

Editor's note—

Ord. No. 6686-10, § 1, effective July 1, 2010, repealed § 2-103, which pertained to educational incentive pay and derived from Ord. No. 4259-91.

Sec. 2-104. - Applicant interview expenses.

The city manager may designate management and professional positions for which reimbursement for actual interview expenses incurred by applicants from outside the local area for such positions may be provided. Reimbursement shall be made pursuant to reasonable expense guidelines approved by the city manager. "Outside the local area" shall be interpreted to mean beyond a seventy-five-mile radius from the City of Newport News.

(Ord. No. 4259-91)

Sec. 2-105. - Moving expense reimbursement.

The city manager may designate professional, administrative and supervisory positions for which household goods moving expenses may be reimbursed when the employee is required to relocate to accept employment with the city. The city manager shall develop guidelines to implement this section, limiting the reimbursement to reasonable household goods moving expenses.

(Ord. No. 4259-91)

Sec. 2-106. - Alternative deferred compensation.

(a)

Assistant city managers and department heads may upon commencement of employment opt to participate in an alternative deferred compensation plan instead of the City of Newport News Employees' Retirement Fund. This option, once exercised, may not be changed, except as provided in (d) below.

(b)

The alternative deferred compensation plan shall consist of a city contribution to the International City Management Association Retirement Corporation for the benefit of the employee participant in lieu of a contribution to the City of Newport News Employees' Retirement Fund. The contribution rate shall be eight and one-half (8.5) percent of the employee's annual salary or the maximum annual salary percentage permitted under the Internal Revenue Code, whichever is lesser.

(c)

As a transition provision, the council hereby authorizes those assistant city managers and department heads employed as of the date of adoption of this section [December 12, 1983] to exercise an option to participate in the alternative deferred compensation plan. This option must be exercised within thirty (30) days after the passage of this section. If the option to join the alternative deferred compensation plan is exercised, an initial contribution to the alternative deferred compensation plan for these employees shall be computed retroactive to January 1, 1980, or retroactive to the employee's hiring date, whichever is the lesser period.

(d)

Assistant city managers and department heads who were enrolled as participants in the alternative deferred compensation plan as of October 1, 1995, may opt to transfer from the alternative deferred compensation plan to the City of Newport News Employees' Retirement Fund by filing a new election on or before January 31, 1996, such election to take effect on the first day of the month succeeding such election. Except as otherwise provided in section 31-38 of this Code for transfers of creditable service, no service served while covered by the alternative deferred compensation plan shall be included as creditable service in the Newport News Employees' Retirement Fund; provided, however, that all such service shall be included for the purpose of vesting as provided in section 31-56 of this Code.

(Ord. No. 4259-91; Ord. No. 4851-96; Ord. No. 5769-02)

Sec. 2-107. - Employee pride awards program; employees of the month; employee of the year.

(a)

All regular full-time and regular part-time employees of the City of Newport News, except elected and appointed officials, assistant city managers, department heads, assistant department heads and equivalent level management employees, shall be eligible to be nominated for the employee pride awards program. Employees who terminate their employment with the city for reasons other than retirement prior to presentation of awards shall be ineligible to receive an award.

(b)

The city manager shall establish the employee pride awards program for the selection of employees of the month. The program shall consist of the nomination and selection by a selection committee, which shall be appointed by the city manager, of one (1) employee of the month for each calendar month. The awards to such employees shall include a one hundred dollar ($100.00) U.S. Savings Bond, and such other nonmonetary presentations which will recognize the selected employees for exceptional service to the city and its citizens.

(c)

The employee pride awards program shall also consist of the selection of an employee of the year from among the employees of the month. Such selection shall be made by the employee of the month selection committee. The award for employee of the year shall consist of a one thousand dollar ($1,000.00) U.S. Savings Bond and such other nonmonetary presentations which will recognize the selected employee for exceptional service to the city and its citizens.

(d)

The employee pride awards program is a discretionary program for the benefit and recognition of regular employees of the city; and as such, no employee shall accrue any rights, whether vested or otherwise, in the program, the selection of employees of the month or the awards presented by the program. Determinations of employees of the month shall be within the sole discretion of the selection committee and the committee's decision shall be final and not appealable.

(Ord. No. 4259-91; Ord. No. 4352-92)

Sec. 2-107.1. - Merit bonus program.

There is hereby established a merit bonus program for the city. Consistent with the following provisions, the city manager shall promulgate procedures for the recommendation and award of each bonuses:

(1)

Merit bonuses may be awarded for exceptionally meritorious service or special act that is judged to be considerably above and beyond the normal scope of assigned duties and responsibilities.

(2)

Employees designated as executive staff in the city's adopted classification and pay plan shall be eligible for merit bonuses not to exceed one thousand dollars ($1,000.00). All other regular employees shall be eligible for merit bonuses not to exceed five hundred dollars ($500.00).

(3)

Merit bonuses shall not be considered a part of an employee's regular compensation for salary administration or other benefit purposes.

(Ord. No. 4259-91)

Sec. 2-107.2. - Suggestion awards program.

There is hereby established a suggestion awards program for the city. Consistent with the following provisions, the city manager shall promulgate procedures for the recommendation and grant of suggestion awards:

(1)

The intent of the program shall be to provide monetary and non-monetary awards to encourage and recognize employee participation in initiatives to improve operations and services. The program shall create a mechanism to receive and evaluate suggestions made by city employees concerning city operations and service delivery.

(2)

All employees except top level management shall be eligible to participate in the program. For the purpose of this program, top level management shall include the city manager, executive staff, department heads, assistant department heads, division heads and equivalent level employees.

(3)

The city manager shall appoint a suggestion awards committee to periodically meet to review and evaluate all suggestions made pursuant to the program guidelines. The committee shall recommend to the manager those suggestions with merit and shall recommend appropriate recognition, including a recommendation as to the amount of any monetary award if such is deemed appropriate by the committee. The city manager shall personally review the recommendations of the committee and shall make final determinations of appropriate recognition.

(4)

Recognition under the program may include a variety of awards which may include monetary awards not to exceed five thousand dollars ($5,000.00).

(Ord. No. 4469-93, § 1)