A. The proper maintenance, use and operation of equipment used in the Department of Public Works; and

B. The review of the proper manner and procedure for reporting a safety concern.

A. Age specified. No officer or employee of the City shall continue to serve as such officer or employee after such employee shall have attained the age of 70 years, and upon his or her attaining such age, each such employee shall be retired.

B. Exceptions. The provisions as set forth in Subsection A shall not apply to any officer or employee in the exempt class of the classified service, nor to any officer or employee in the unclassified service, nor to any officer or employee who is a member of the New York State Retirement System and who has been granted an extension by the New York State Civil Service Commission or New York State Retirement Board.

C. Nonmembers of the state retirement system. The Director of Personnel and Safety is hereby empowered, authorized and directed to promulgate rules and regulations to establish a system whereby employees of the City of Binghamton who are not members of the New York State Retirement System may be eligible for a local waiver from the mandatory retirement age of 70. The Director of Personnel and Safety shall administer said local waiver system.

A. Employees below the minimum of the grade. If the present salary of an employee is below the minimum of the grade to which his or her position is allocated, he or she shall be raised to the minimum of the grade, provided this raise is at least one full increment of the grade. If it is not, the employee shall be raised to the first-year level.

B. Employees between the minimum and maximum of the grade. The installation rules contained herein shall apply to employees between the minimum and maximum of the grade. In no event shall the salary of an employee be raised beyond the maximum of the grade.

C. Employees above the maximum of the grade. If the present salary of an employee is beyond the maximum of the grade to which his or her position is allocated, he or she shall continue at that rate during the period of his or her incumbency, except in the event of general service-wide increases or reductions, and shall not be entitled to any increments unless he or she becomes eligible for longevity step increments.

D. Part-time employees. The salary schedule provides rates for full-time employment only. When a person is employed on a less than full-time basis, a determination shall be made as to the percentage of the full workweek that the employee is required to devote to his or her position. The employee then shall be paid that percentage of the annual rate as his or her salary for the part-time employment.

E. Certain employees ineligible for salary increase. As a result of the classification plan, certain positions were reclassified downward. A few of the incumbents of such positions hold permanent status in a higher level title than the reclassified title of the position. These employees are to be paid the salary received immediately prior to the installation of this salary plan. These employees will not be eligible for salary increases (other than general service-wide increases) unless their present salary is below the maximum of the grade to which their reclassified title has been allocated. In this event, the employee's salary shall be determined in accordance with Subsection B of this section.

A. New appointees. A new appointee shall be paid the minimum rate of pay for the position to which he or she is appointed unless the department head shall certify to the City Council that it is impracticable to recruit at the minimum salary. The City Council then may authorize recruitment above the minimum of the salary grade for such position. When an appointment is made above the minimum of the grade, all employees in the same title receiving less than the new recruitment rate shall have their salaries brought up to the new rate of pay.

B. Promotions. The salaries of promoted employees shall be raised to the nearest step of the new grade which provides an increase equal to at least½the increment of the new grade.

C. Reallocation downward. When an employee's position is reallocated to a lower salary grade, the employee shall be permitted to continue at his or her present rate of pay during the period of incumbency (except in event of general service-wide reductions) but shall not be eligible for a salary increase, except that if his or her present rate of pay is below the maximum of the lower grade, he or she shall be eligible to receive increments in the lower grade until the maximum of that grade is reached.

D. Reinstatements. A reinstated employee shall be paid at a salary rate within the range for the position to which he or she is reinstated. His or her salary upon reinstatement shall not exceed the salary received at the time he or she vacated his or her position, unless that previous salary is below the minimum for the position to which reinstated. Under this circumstance the employee shall receive the minimum of the grade.

E. Part-time employment. When employment is on a part-time basis, employees shall be paid a proportionate rate of the annual salary based on the amount of time actually employed. Increments for part-time employees shall also be proportionate to the annual increment for the grade.

F. Hourly employment. Employees paid on an hourly basis shall be paid in accordance with the hourly salary schedule and on the basis of the number of hours actually employed.

G. Temporary assignment to higher grade position. Employees assigned for a temporary or limited period exceeding three consecutive calendar months to a higher grade position due to the illness, injury or a bona fide leave of absence of the holder of such higher grade position shall, after having worked in said higher grade position for three consecutive calendar months, receive the minimum of the higher grade for the duration of such assignment unless the present rate of pay exceeds such minimum. Under such circumstances, the employee will be compensated in accordance with the provisions of Subsection B of this section.

H. Allowances. The rate of pay prescribed in the salary schedule represents the gross salary earned. Employees receiving maintenance in connection with their positions shall have charges for the various items of maintenance received deducted from their gross salaries.

I. Annual increments. Each employee shall be eligible for an annual increment up to the maximum of the grade in which his or her position is allocated, provided that the increment is recommended by the department head. Before such recommendation is made, the service of the employee should be reviewed by his or her department head with attention given to the efficiency with which the employee has performed his or her duties, as well as his or her attendance record and all other factors having an effect on his or her work record. No employee shall be eligible for more than one increment increase in any fiscal year. Employees who enter the City service between January 1 and June 30 of a particular year and have served continuously in their positions will be eligible to receive an annual increment on the following January 1. Employees who enter the service between July 1 and December 31 shall be eligible for advancement to the first year step on the following July 1. Persons who are advanced to the first year step on July 1 then shall be eligible for a salary increment the following January 1.

J. Enforcement. It shall be the duty of the Comptroller of the City to enforce the rules of the salary plan. It shall be the duty of the Civil Service Commission and all City department heads, officers, and employees to cooperate in enforcing these rules.

K. Review of plan. The compensation plan shall be reviewed annually by the City Council and Board of Estimate and Apportionment to determine whether adjustments are necessary.

A. Generally. Except as otherwise expressly provided in an agreement pursuant to Article 14 of the Civil Service Law by and between the City and a duly recognized employee organization, all City employees shall be paid overtime compensation at time and½of the regular basic pay rate of employees, for all time such employee is required to such work in excess of his or her regular weekly established hours of employment, and double time on all holidays such employee is required to work. No such employee shall be paid overtime compensation unless such employee is requested to work overtime by the department head or his or her authorized representative. No such overtime compensation shall be paid to any officer of the City or to any department head of the City of Binghamton.

B. Applicability to part-time, seasonal employees. The provisions set forth in Subsection A shall not apply to part-time or seasonal employees of said departments.

A. Officers, employees represented by recognized employee organizations. Each officer or employee of the City of Binghamton who is represented by a recognized employee organization pursuant to the provisions of Article 14 of the Civil Service Law shall earn any and all vacation privileges set forth in the appropriate duly authorized agreement, if any, by and between the City of Binghamton and such recognized employee organization.

B. Officers, employees not represented by recognized employee organizations. Any officer or employee of the City of Binghamton who is not represented by a recognized employee organization pursuant to the provisions of Article 14 of the Civil Service Law shall earn annual leave at the rates set forth hereinafter:

C. Effective date; provisions retroactive. This section shall take effect immediately, and the annual leave benefits referred to herein shall be applied retroactively with respect to officers and employees who are employed by the City of Binghamton at the time of the passage of this section.

A. Accumulation. Each person in the classified service of the City, except those in the exempt class, shall in case of sickness or disability, except for which workers' compensation is paid, be granted a sick leave with pay not to exceed one day for each month employed in said City service after January 1, 1945. Such sick leave shall be cumulative. Each person in the employ of the City prior to January 1, 1945, shall be credited as of such date with one day of sick leave for each month so employed. Such credit shall not, however, exceed 60 days as of such date.

B. Crediting and deduction of leave. All sick leave earned shall be credited and all sick leave taken shall be deducted from such employees' accumulated credit at the end of each month.

C. Procedure; physician's certificate. Sick leave shall be granted only upon application to the department head and, where such sickness is for a period of more than three days or where periods of fewer than three days exceed 12 days in any one year, must be accompanied by a certificate from the attending physician. The department head may, in any other case, require such certificate.

D. Cases covered by Workers' Compensation Law. Sick leave shall not be anticipated nor be permitted in cases covered by the Workers' Compensation Law, except the first seven days thereof may be taken as sick leave, provided the total period of disability does not exceed 35 days. In case of employees working a twenty-four-hour tour of duty, each such twenty-four-hour period taken as sick leave shall be considered two days' sick leave.

E. Applicability to persons on military leave. All City employees on leave of absence by reason of military service from their positions shall be credited with and receive all sick leave benefits as provided in this section to the same extent as though such employees had been continuously employed during such leave of absence.

A. Leave authorized. The heads of all City departments are authorized to grant leave of absence with pay to officers and employees of the City who are members in good standing of veterans organizations, to attend their respective conventions and encampments, the leave of absence to include traveling time.

B. Persons who are members of more than one organization. No officer or employee who may be a member of more than one veterans organization shall be granted leave to attend several conventions, excepting, and only one state and one national convention of such organizations as he or she may elect to attend.

C. Maximum leave granted. No officer or employee of the City shall be granted more than 14 days' leave of absence with full pay during the current year.

D. Leave not considered part of vacation. Such leave of absence with full pay during the year shall not be considered as part of any vacation period which the statutes of the state or ordinances of the City may allow.

E. Proof of membership in organization. Every officer or employee who makes application for leave of absence to attend the state and national conventions of veterans organizations shall be required to submit documentary proof of membership in good standing to the head of the City department, and where the member is a department head, such proof and authorization shall be submitted to the Mayor.

F. Proof of attendance. All officers and employees shall, upon their return, present proof to the head of the department or, if the member is a head of a department, to the Mayor, by the official certificate, that they were in attendance of such convention or encampment on the dates for which leave of absence was granted.

A. The City Council of the City of Binghamton does hereby elect to grant to eligible City employees, other than police officers or fire fighters, an additional pension for service rendered on or after April 1, 1938, and prior to April 1, 1960, as provided in § 75-e of the Retirement and Social Security Law as presently or hereafter amended.

B. This election shall become effective January 1, 1974.

A. For all eligible retired employees, including non-union officers and employees, and excluding retired employees that were members of the International Brotherhood of Teamsters, AFL-CIO, Blue Collar and Supervisor Units, Local No. 317, the City of Binghamton will pay Seventy (70%) Percent of the premium charged for the plan selected by the retired employee, i.e., Excellus Blue Cross/Blue Shield Classic Blue (available in the calendar year of retirement only); Excellus Blue Cross/Blue Shield-PPO-B; or Excellus Blue Cross/Blue Shield Signature Deductible 3. The retired employee will pay the remaining Thirty (30%) Percent of the premium charged for the selected plan.

B. For all eligible retired employees that were members of the International Brotherhood of Teamsters, AFL-CIO, Blue Collar and Supervisor Units, Local No. 317, the City of Binghamton will pay Seventy (70%) Percent of the premium charged for the “C-2 Plan,” or if discontinued to a plan with the same cost. The retired employee may select another plan offered to such retired employee and will pay the remaining cost of the premium, regardless of the selected plan.

C. For all eligible retired employees, including retired members of the International Brotherhood of Teamsters, AFL-CIO, Blue Collar and Supervisor Units, Local No. 317, and the spouses, surviving spouses, and dependents of the retired employees who are Medicare eligible must enroll in the City’s Advantage Plan for Groups or the equivalent replacement policy. The City of Binghamton will pay Seventy (70%) Percent of the premium charged for the Advantage Plan for Groups. The retired employee will pay the remaining Thirty (30%) Percent of the premium charged for the Advantage Plan for Groups.

D. For all officers and employees who have at least ten (10) years of full time service with the City of Binghamton subsequent to or after January 1, 2009, who separate from service in good standing, and prior to filing for retirement with the New York State and Local Retirement System, will be entitled to join the City’s Advantage Plan for Groups or the equivalent replacement policy, when he or she is Medicare eligible provided he/she pays 100% of the cost of such plan and that all payments are deducted from his/her New York State pension. In addition, any elected official who serves at least two (2) four (4) year terms, will be entitled to join the City’s Advantage Plan for Groups or the equivalent replacement policy, when he or she is Medicare eligible provided he/she will pay the remaining percent of the premium charged for the Advantage Plan for Groups as provided in paragraph “C” above and that all payments are deducted from his/her New York State pension.

E. A surviving spouse of an employee who was eligible for continued health insurance coverage, whether or not that employee has retired, is eligible for continued health insurance as provided above, except the surviving spouse will be responsible to pay One Hundred (100%) of the premium charged to the City of Binghamton.

F. Employees who have retired from the City of Binghamton (not just collected their retirement from NYSLRS) and carry health insurance into retirement are eligible to opt out of the retiree health insurance plan and return to the plan one time as long as they provide proof of insurance coverage during the entire period they were not covered by the City’s plan.

G. Employees who have retired from the City of Binghamton (not just collected their retirement from NYSLRS) and did not carry health insurance into retirement are eligible to return to the plan as long as they provide proof of insurance coverage during the entire period they were not covered by the City’s plan. These retired employees may opt out again but will not be eligible to return to the City’s plan a second time.

H. The City of Binghamton will provide continued health insurance coverage for eligible retired employees as follows. Unless this provision is superseded by a collective bargaining agreement, “eligible retired employees” are employees that retire from the City of Binghamton and enter into the NYS retirement system (ERS or PFRS that the City paid into) directly upon leaving employment with the City and meet the following years of service eligibility; those hired prior to January 1, 2009, are required to have ten (10) years of service with the City, and those hired after January 1, 2009, are required to have twenty (20) years of service with the City. All eligible retired employees shall continue to make the required contribution toward health insurance premiums in accordance with the applicable City Council Ordinance.

A. The City Council of the City of Binghamton does hereby elect, as provided in § § 384-d and 384-e of the Retirement and Social Security Law, to grant twenty-year retirement plan or twenty-five-year retirement plan with 1⁄60^th additional retirement benefits for eligible City of Binghamton police officers and fire fighters.

B. This election shall become effective on January 1, 1973.

A. The City Council of the City of Binghamton does hereby elect, as provided in § 302, Subdivision 9(d), of the Retirement and Social Security Law as presently or hereafter amended, to grant a one-year final average salary for eligible City of Binghamton police officers and fire fighters.

B. This election shall become effective with the payroll period beginning on the first day of January, 1972.

A. Career retirement plan. The Council of the City of Binghamton does hereby elect to provide the career retirement plan of § 375-g of the Retirement and Social Security Law as presently or hereafter amended, for employees of participating employers.

B. Improved career retirement plan. The Council of the City of Binghamton does hereby elect to provide the benefits of § 375-i of the Retirement and Social Security Law as presently or hereafter amended.

C. Guaranteed retirement benefits. The Council of the City of Binghamton does hereby elect to provide the benefits of § 375-e of the Retirement and Social Security Law as presently or hereafter amended.

D. Effective date of election. The elections provided for in Subsections A through C shall become effective with the payroll period beginning April 21, 1984.

A. The City does hereby elect to provide the career retirement plan of § 75-g of the Retirement and Social Security Law as presently or hereafter amended, and § 75-i of the Retirement and Social Security Law as presently or hereafter amended.

B. This election shall become effective on the second day of January, 1988.

A. The Mayor of the City of Binghamton be and he or she hereby is authorized, empowered and directed to execute the necessary documents to provide workers compensation insurance coverage for all employees of the City of Binghamton, as may be approved by City Council.

A. The Council of the City of Binghamton hereby authorizes the establishment of an employee retirement incentive program.

B. Said incentive program shall result in the payment of $12,500 to be applied to future health insurance premiums upon retirement.

C. In order to receive this retirement incentive, the employee must comply with the following:

D. Any necessary regulations for implementation of this incentive shall be established by the Comptroller and the Director of Personnel.

A. Any police officer of the City who is totally disabled from any injury arising out of and in the course of his or her employment, within the meaning and intent of the Workers' Compensation Law, shall be retained upon the Police Department payroll and shall be paid the full amount of his or her regular salary or wages during his or her period of total disability resulting from such injury; but the payment of such wages shall not extend over a period of more than one year, nor beyond the time when such police officer shall obtain from either the state retirement system or the City police pension fund approval of his or her application for accidental disability retirement, whichever shall occur earlier.

B. The payment of wages to a police officer pursuant to the provisions of this section shall be deemed the payment of compensation to such police officer within the meaning and intent of the Workers' Compensation Law.

C. In the event that any such injury shall be caused by the negligence or wrong of a third person, and in the event of a recovery by the injured police officer from such third person, such police officer shall repay to the City the amount of all wages paid hereunder and the City shall have a lien on the proceeds of any recovery from such third person, whether by judgment, settlement or otherwise, after the deduction of the reasonable and necessary expenditures, including attorney's fees incurred in effecting such recovery to the extent of the total amount of all wages paid hereunder, and to such extent such recovery shall be deemed for the benefit of the City.

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

CITY—The City of Binghamton, New York.

CIVIL ACTION—A Civil action shall mean a civil action or proceeding commenced in a state or federal court and arising out of an employee's alleged act or omission which occurred, or is alleged to have occurred, within the scope of their employment or duties. The term shall include actions commenced pursuant to Title 42, Chapter 21, subchapter 1 of the United States Code. The term shall not include a criminal or quasi-criminal proceeding, a disciplinary proceeding brought against the employee or any other proceeding which may be brought against the employee by the City.

EMPLOYEE—Any person holding a position by employment with the City of Binghamton Police Department. The term shall include former City employees if the acts or omissions out of which a civil action arises occurred when such a person was employed by the City and shall include a formerly employed's estate or judicial appointed representative. The phrase shall not include independent contractors.

GRAND JURY PROCEEDING—Grand jury proceeding shall mean a grand jury proceeding in a state or federal court arising out of the on duty use of a weapon by a member of the Binghamton Police Department.

B. Conditions of defense.

C. Indemnification generally.

D. Conditions of defense and indemnification subject to review.

E. Applicability of provisions. The benefits of this section shall inure only to employees as defined herein and shall not enlarge or diminish the rights or obligation of any other party.

F. Provisions not to alter or limit other rights to defense; exception. This section shall not in any way impair any powers of the corporation counsel granted by the City Charter, or any other law, revised general ordinances of the City of Binghamton, ordinance, rule or regulation. The corporation counsel shall have complete charge of the defense in any civil action or proceeding and shall have sole authority to defend or settle, subject to the approval of the Mayor, any action or proceeding or to take, not take or withdraw any appeal in the manner the corporation counsel deems appropriate. This section shall not be construed in any way to impair, alter, limit, modify, or abrogate or restrict any immunity available to or conferred upon any employee, or any right to defense and/or indemnification provided for any employee by, in accordance with, or by reason of, any other provision of state, federal or common law.

G. Application to civil actions, etc. Notwithstanding any other provision of this section hereof, this section shall have no application to any civil actions, grand jury proceedings or administrative proceedings which were completed either through judgment, settlement or dismissal on any grounds prior to the effective date of this ordinance and such civil actions, grand jury proceedings or administrative proceedings shall be governed by the terms of this ordinance, where applicable.

H. Effective dates. This ordinance shall take effect immediately upon becoming law and will be applicable to any claims currently pending.

A. That the Council of the City of Binghamton authorizes payment to city employees who are required to report for active duty pursuant to a United States Code Title 10 “Mobilization” (as defined in section C below) for an OCONUS (Outside Continental United States) tour or CONUS (Continental United States) tour for homeland security as a reservist or members of the National Guard the difference between their military pay and their city pay during such mobilization. This section does not apply to voluntary service or training.

B. The Council also authorizes the provision of health insurance benefits, if not provided by the United States Military, during such mobilization and for a period up to six months after demobilization from said active duty. The employee will contribute to the cost of such health insurance in the same amount as if the employee was working for the City.

C. “Mobilization” shall include required training and any accrued leave time associated with such mobilization, as defined by United States Code Title 10.

D. All requests for benefits under this section will be submitted in writing to the Director of Personnel and Safety and the Bureau or Department Head within five (5) business days of the employee’s receipt of the Order or notice for mobilization. The written notice to the Director of Personnel and Safety and the Bureau or Department Head will include a copy of the Order or notice requiring mobilization and the anticipated dates of mobilization. The final determination regarding eligibly under this section will be made by the Director of Personnel and Safety.

E. This Ordinance shall automatically expire on May 30, 2028.

A. The positions (elected and management appointed) to be included in this Section 1 are designated as follows:

A. The positions (management tested) to be included in this Section 2 are designated as follows:

A. Commissioner of Public Works

B. City Engineer

C. 1^st Deputy DPW Commissioner

D. Supervisor of Building Inspection & Construction

E. Fire Chief

F. Police Chief

G. Assistant Police Chief

H. Superintendent of City Streets

I. Comptroller

J. Assistant Comptroller

K. Staff Accountant

L. Assessor

M. Information Technology Manager

N. City Treasurer

O. Commissioner of Parks

P. Assistant City Engineer

Q. Assistant to the Mayor for Youth and Neighborhood Affairs

R. Assistant Supervisor of Building Construction and Code Enforcement

S. Three (3) Administrative Assistants (from the Bureau of Police)

T. City Clerk

U. Deputy City Clerk

V. Assistant Director of Parks & Recreation

W. Water & Sewer Superintendent

X. Director of Planning, Housing, and Community Development

Y. Assistant Director of Planning, Housing, and Community Development

Z. Purchasing Agent

AA. Assistant IT Manager

(See Permanent Resolution 11-19, adopted March 19, 2011; Permanent Resolution 13-87, Adopted November 20, 2013; Permanent Ordinance 16-105, Adopted December 21, 2016; Permanent Ordinance 18-91, Adopted October 17, 2018; Permanent Ordinance 20-04 Adopted January 8, 2020; Permanent Ordinance 21-31 Adopted April 7, 2021; Permanent Ordinance 21-94 Adopted September 9, 2021; Permanent Ordinance 21-132 Adopted November 17, 2021; Permanent Ordinance 22-82 Adopted May 4, 2022; Permanent Ordinance 22-98 Adopted June 22, 2022; Permanent Ordinance 22-119 Adopted August 25, 2022; Permanent Ordinance 23-01 Adopted January 11, 2023)

A. Officers and employees, other than elected officials, may be awarded annual salary increases from an annual salary increase pool, The annual salary increase pool shall be the current annual salary of eligible officers and employees multiplied by the average rate increase received by the City’s collective bargaining units for that year; provided, however, that any settlement imposed by an arbitration panel shall not be included in the average. If less than three bargaining units are settled in a particular year, then the annual salary increase pool shall be the current annual salary of eligible officers and employees multiplied by the average New York consumer price index as determined by the U.S. Department of Labor for the preceding twelve (12) month average as of October 1. When at least three bargaining units are settled thereafter, the annual salary increase pool will be adjusted accordingly. Only current or retired officers and employees will be eligible for retroactive pay adjustments. The City Council of the City of Binghamton may provide, by ordinance, for a rate increase in excess of that provided for above, for any position listed in § 124-39. This section does not include officers and employees covered under Permanent Ordinance No. 05-40. An increase in salary will not increase longevity pay, if any. This section is effective immediately.

B. Except as provided in Subsection C below, using the average annual salary increase received by all the City's collective bargaining units, the administration, the Mayor, and his or her administrative staff may provide any amount of increase to eligible officers and employees based either on cost of living and/or merit or a combination of the two so long as the maximum amount of annual salary increases does not exceed the pool so established herein..

C. Increases for City Clerk and Assistant City Clerk. [Added 6-20-2005 by Ord. No. 05-38; Amended 1-11-2023 by Ord. No. 23-01]

D. In accordance with any annual salary increase provided to any officer and employee, the department supervisor shall advise said employee or officer of that portion which is deemed cost of living versus that portion which is deemed a merit increase based on the prior year's job performance. In addition, supervising personnel should provide annual evaluations of job performance to each and every officer and employee eligible pursuant to this section.

E. Longevity. Beginning with the first pay period in 2009, the City will include longevity pay in the “regular rate of pay.” Longevity will be calculated as of the anniversary date of employment. The City will use the following longevity payment amounts:

F. Compensation for Assistant Police Chiefs (up to two positions). Effective July 10, 2010, Assistant Police Chiefs are officers and employees not covered by a collective bargaining agreement and will receive salary and benefits as follows:

G. Compensation for the Police Chief. Effective January 1, 2006, the Police Chief will receive salary and benefits as follows:

H. Compensation for the Fire Chief. Effective January 1, 2006, the Fire Chief will receive the salary and benefits as follows:

I. Intermunicipal agreements to share costs and services. Notwithstanding any provision herein, the City may contract to share costs and services with other municipalities or other public entities as may be permitted under the General Municipal Law. Such intermunicipal agreements may include certain positions, including Police Chief, Assistant Police Chiefs, and Fire Chief. Any additional compensation paid to any officer or employee under an intermunicipal agreement will not be included in any of the interrelated calculations in paragraphs F, G, and H above.

A. Payment schedule for health insurance premiums.

B. The City shall provide a buy-out option of the City-provided health insurance to the active officers/employees as defined in § 124-39. Final rules and regulations of this buy-out option shall be promulgated by the Comptroller of the City of Binghamton in order to ensure uniform application of the plan.

C. The City will provide long-term disability insurance for active officers and employees as defined in § 124-39.

D. If an active City employee dies, then in addition to any other state, federal, or contractual rights the employee’s surviving spouse or dependants may have, the City of Binghamton agrees to pay the same percentage of health insurance premiums under COBRA that the City was paying for the employee’s health insurance for the first three months and to pay fifty percent (50%) of the health insurance premiums under COBRA for the next three months.

A. Elected and management appointed employees, as defined in § 124-39.1 above, with at least seven (7) years of continuous service with the City of Binghamton, but less than ten (10) years, will be entitled to a payment equivalent to one-half (½) of accumulated and unused sick leave up to a maximum of one hundred and four (104) days (e.g. an employee with 104 accumulated sick days would be entitled to receive a payment equivalent to 52 days). Officers and employees with at least ten (10) years of continuous service with the City of Binghamton will be entitled to a payment equivalent to two-thirds (⅔) of accumulated and unused sick leave up to a maximum of one hundred and fifty (150) days (e.g. an employee with 150 accumulated sick days would be entitled to receive a payment equivalent to 100 days).

A. Presentation to department head. An employee who claims to have a grievance shall present his or her grievance to the head of his or her department, orally, within two days after the grievance occurs.

B. Discussion, investigation of grievance. The department head shall discuss the grievance with the employee, shall make such investigation as he or she deems appropriate and shall consult with his or her superiors to such extent as he or she deems appropriate, all on an informal basis.

C. Decision of department head. Within three days after presentation of the grievance to him or her, the department head shall make his or her decision and communicate the same to the employee presenting the grievance, and to the employee's representative, if any.

A. Established; function. A Grievance Board consisting of three members is hereby established to hear appeals from decisions of department heads on grievances.

B. Appointment of members. The members of this Board shall be appointed by the Mayor to serve at the pleasure of the Mayor.

C. Conduct of hearings. A hearing on any matter before the Grievance Board may be conducted by any one or more members of the Board, designated by the Board to act on its behalf; provided, however, that if less than the full Board presides at such a hearing, the member or members thereof conducting such hearing shall render a report thereon to the full Board and the full Board shall thereupon make its report.

D. Vote necessary to determine official report, action. Two concurring votes shall be necessary to determine any official report or action of the Grievance Board.

E. Funds, supplies, etc. Necessary funds, supplies, facilities and personnel to implement the operation of the Grievance Board shall be provided by the City Council.

F. Rules, regulations. The Grievance Board may make and amend rules and regulations for the conduct of its proceedings not inconsistent with the provisions of this article. A complete and up-to-date set of such rules and amendments shall be kept on file in the City Clerk's office.

A. Procedural requirements. An employee may appeal from the decision of the department head within 15 days after notice of such decision. The appeal shall be taken by submitting to the Grievance Board a written statement signed by the employee taking the appeal, containing:

B. Statement of facts. The Grievance Board may request the department head to submit a written statement of facts, including a summary of the record of the hearing, if there was a hearing, and the original or a true copy of any other record or document used by the department head in making his or her decision. Such written statement shall be submitted within three days after request by the Grievance Board.

C. Hearing to be held; notice thereof. The Grievance Board shall hold a hearing within 10 days after receiving the written request for review. It shall give at least three days' notice of the time and place of such hearing to the employee, the employee's representative, if any, and the department head, all of whom shall be entitled to be present at the hearing. The hearing on the appeal may be held in public or in private as determined by the Grievance Board.

D. Introduction of new evidence, testimony, etc. New evidence, testimony or arguments, as well as any documents, exhibits or other information submitted to the department head at the hearing held by him or her may be introduced at the hearing by the employee, by the department head or upon the request of the Grievance Board.

E. Adjournment of hearing. The hearing may be adjourned from time to time by the Grievance Board if in its judgment such adjournment is necessary in order to obtain material evidence. The total of all such adjournments, however, shall not exceed 10 days, except that adjournments consented to by both the employee and the department head shall not be counted in determining the total days of adjournments as herein limited.

F. Formal rules of evidence. The Grievance Board shall not be bound by formal rules of evidence.

G. Written summary of hearings. A written summary shall be kept of each hearing held by the Grievance Board.

H. Reports of Board. The Grievance Board shall make its report in writing within five days after the close of the hearing. It shall immediately file its report and the written summary of the proceedings with the City Clerk and shall at the same time send a copy of its report to the employee, the employee's representative, if any, the department head, the Mayor, and the local civil service commission if appropriate. The report shall include a statement of the Board's findings of fact, conclusions and advisory recommendations. The report of the Grievance Board shall be final.

A. Encourage and assist all persons without regard to race, color, creed, national origin, religion, marital status, sex, age or physical handicap to qualify for employment and promotion solely on the basis of merit and fitness; and

B. Redress imbalances in representation or under-utilization in classifications with disproportionate numbers of one sex or race which are caused by artificial barriers of attitude or custom; and

C. Achieve the goal of full participation or minorities in all levels of municipal employment which might reasonably be expected in proportion to the number of such persons in the area work force utilizing merit and fitness for appointment as required by the Constitution and laws of New York; and

D. Obtain compliance with both the spirit and letter of the law guaranteeing equal opportunity and freedom from discrimination in any terms or conditions of employment; and

E. Establish and maintain within the workplace professional relationships free from reference to race, color, creed, national origin, religion, marital status, sex, age or physical handicap at all levels of City employment.

A. Pursuant to the authority of the Mayor as the appointing officer and chief executive officer of the City of Binghamton, the Mayor is hereby authorized, empowered and directed to promulgate, establish, implement and enforce rules and regulations designed to effectuate the policies and objectives of the City of Binghamton for equal employment opportunity. Said rules and regulations shall be known as the "Affirmative Action Plan." Said plan shall be consistent with and in accordance with the policy and objective established in this article.

B. Said affirmative action plan shall be promulgated and be put into effect within 60 days of the effective date of this article (January 21, 1985). A copy of said affirmative action plan shall be filed with the City Clerk and shall be so noted in the minutes of the regular meeting of this Council held subsequent to such filing.

C. The Council reserves the right to review said affirmative action plan when submitted and return to the Mayor for redrafting any parts of the plan which are found by the Council as a whole to be inconsistent with the policy and objectives established herein.