38-18 Repeal Sec. 149.16 Military Leave

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Placed on first reading and referred to Rules & Ordinances 9/4/18; second reading 9/17/18 ORDINANCENO. 38 -18 BY: Anderson, Bullock, George, Litten, O'Leary, O'Malley, Rader AN ORDINANCE repealing Section 149.16, Military Leave; Compensation, of the Codified Ordinances of the City of Lakewood and enacting a new section in its place to conform this section to Section 5923.05 of the Ohio Revised Code. WHEREAS, Section 149.16 of the Codified Ordinances, governing paid military leave, stands to be amended in order to come into conformance with Section 5923.05 of the Ohio Revised Code; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power of local self - government; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Section 149.16, Military Leave; Compensation, currently reading as follows: 149.16 MILITARY LEAVE; COMPENSATION. (a) All full -time, permanent, hourly employees and all annual, salaried employees shall be granted leaves of absence for military duty in accordance with State and federal law. (b) Any such employee of the City who is temporarily called to active duty (e.g., summer training) shall be granted a leave of absence for the duration of such active duty and shall be paid for a period of not more than one hundred seventy -six (176) hours in any one calendar year and shall accumulate vacation, longevity and sick leave credit during the period of such leave. (c) Any full -time, permanent, hourly employee and any annual, salaried employee who is called or ordered to the uniformed services for longer than a month, or each calendar year in which the employee performed service in the uniformed services, because of an executive order issued by the President of the United States, an act of Congress or an order by the Governor of the State of Ohio, is entitled, during the period designated in the order or act, to a leave of absence and to be paid, during each bi- weekly pay period during the leave of absence the difference between the employee's gross monthly wages or salary and the sum of the employee's gross uniform pay and allowances received during that bi- weekly period. (d) No employee shall receive payments under subsection (c) hereof, if the sum of the employee's gross uniformed pay and allowances received in a pay period exceed the employee's gross wage or salary for that period or if the employee is receiving pay under subsection (b) hereof. (e) Each employee who is entitled to leave provided under subsection (b) or (c) hereof shall submit to the permanent public employee's appointing authority the published order authorizing the call or order to the uniformed services or a