Chapter 123 Director of Administration

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Section 123.01 Departments of Safety and Service

The Director of Administration shall be the administrative head of the Department of Service and of the Department of Safety.

Section 123.02 Establish Rates for Regulations, Etc. Sold to Public

The Director of Administration is hereby authorized to establish rates to be charged to the public for the sale of regulations, maps, blue prints, documents, trade journals, and publications, maintained by the Department of Administration and sold to the public.  The rates shall reflect the cost to the City for the preparation of such items together with a handling charge on each item not to exceed one dollar ($1.00).

Chapter 127 Law Department

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Section 127.01 Department Established

1. A Law Department is hereby created, pursuant to Charter Section 3.03.
2. A Law Director shall be appointed pursuant to the power set forth in Charter Section 3.04.

Section 127.02 Assistant Director

The position of Assistant Director of Law is hereby created.

Section 127.03 Duties and Responsibilities

The duties and responsibilities for the position of Director of Law be, and the same are hereby established; and are to be kept on file with the Clerk of Council.

Section 127.04 Written Approval of Contracts

The Director of Law is hereby required to provide written approval of all contracts as to form and content.

Section 127.05 Hiring of Outside Legal Counsel for Collection Matters

Authorization and approval by the Director of Law shall be required prior to hiring of outside legal counsel for collection matters.

Chapter 129 Finance Department

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Section 129.01 Department Established; Director

1. The Finance Department is hereby created, pursuant to Charter Section 3.03.
2. A Finance Director shall be appointed, pursuant to the power set forth in Charter Section 3.05.

Section 129.02 Deputy Director of Finance

1. There is hereby created the position of Deputy Director of Finance of the City.
2. In the absence or disability of the Director of Finance, the Deputy Director of Finance shall perform duties of the Director of Finance to the extent provided by state statute and ordinances of the City and to the extent not prohibited by the Charter of the City.

Section 129.03 Capital Asset Policy

1. A Capital Asset Policy for the City of North Canton, Ohio, is hereby adopted.
2. The Capital Asset Policy Manual for the City is hereby approved as set forth in Exhibit "A" attached to Ordinance 121-09  and incorporated by reference herein, effective January 1, 2009.

Section 129.04 Policies and Procedure for the Use of Purchase Orders

1. Prior to submission of a requisition for a purchase order there shall be verification that adequate appropriations are available in the applicable line item.
2. A requisition shall be submitted to the Director of Finance for approval; upon approval the purchase order will be prepared and distributed.
3. Prior to the issuance of a purchase order, goods and/or services shall not be obtained.
4. Said policies and procedures will not apply to emergency purchases.

Chapter 131 Department of Safety

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Section 131.01 Department Established

A Department of Safety is hereby established for the City.

Chapter 133 Department of Service

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Section 133.01 Department Established

A Department of Service is hereby established for the City.

Chapter 135 Department of Fire and Emergency Medical Service

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Section 135.01 Department Established

A Fire and Emergency Medical Service Department is hereby established for the City.  It shall consist of personnel, fire apparatus, ambulances, and other property and equipment now in use or which may hereafter be purchased by the City.  The Fire and Emergency Medical Service Department is hereby established for the purpose of providing fire protection, fire prevention, emergency medical care to accident and trauma victims, and other fire and emergency medical services in the City in a safe and efficient manner according to generally recognized standards.

Section 135.02 Chief of Department

The Chief shall be classified as a civil servant covered by the civil service provisions of the City, pursuant to Section 3.07(1) of the Charter. The Chief of the Fire and Emergency Medical Service Department shall be an elector of the City and shall be appointed by the Mayor.

Section 135.03 Personnel

1. The Fire and Emergency Medical Service Department shall be comprised of the following ranks and positions:
   1. One (1) full-time Chief of Fire and Emergency Medical Service Department;
   2. One (1) full-time Fire Battalion Chief;
   3. No more than three (3) full-time Firefighter/EMT/Fire Inspectors;
   4. No more than three (3) full-time Captains-Emergency Medical Technician-Paramedics;
   5. No more than nine (9) full-time Emergency Medical Technician Paramedics;
   6. Together with those part-time volunteer personnel, as required, and that shall be designated by the Director of Administration. (Ord. 68-2020 eff. 01/13/2021)
2. Effective January 1, 2005, if a full-time Emergency Medical Technician-Paramedic position becomes vacant, it shall be replaced with a full-time Emergency Medical Technician-Paramedic/Firefighter.  At no time will there be more than nine full-time Emergency Medical Technician Paramedic/Firefighters.
3. Pursuant to Section 3.07(1) of the North Canton City Charter, full-time positions of the Fire and Emergency Medical Service Department are classified civil servants and covered by the City's civil service provisions.

Section 135.04 Fire Inspector to Issue Citations

Full-time fire inspectors shall be authorized to issue tickets or citations for violations of  the following subsection of Section 351.03 of the Traffic Code:

1. Within ten feet of a fire hydrant;
2. Within twenty feet of a driveway entrance to any Fire or EMS Station or designated emergency facility, and on the side of the street opposite the entrance to any Fire and EMS Station or designated emergency facility or within seventy-five feet of such entrance when it is properly posted with signs; and
3. At any place where signs prohibit stopping, standing or parking, or where the curbing or street is painted yellow, or at any place in excess of the maximum time limited by signs (provided that said place is a fire lane).

Section 135.05 Compensable and Volunteer Duties

1. The following services performed by members of the Fire and Emergency Medical Service Department shall be considered compensable:
   1. Assigned personnel responding to alarms.
   2. Other special duties approved by the Director of Administration and the Department Chief.
2. The following services performed by the Fire and Emergency Medical Service Department shall be considered volunteer activities:
   1. Standby duty time.
   2. Observation of vital signs training.
   3. In-hospital training.
   4. Cardiovascular emergency medical technician.
   5. Paramedic training.
   6. Activities of the North Canton Squadman’s Association.

Chapter 137 Department of Police

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Section 137.01 Regulations

Provisions concerning the Police Department are contained in Charter Section 3.06 and shall be as otherwise established by the City Administrator.

Section 137.02 Auxiliary Police Unit Established

An Auxiliary Police Unit, within the Police Department, is hereby established for the City, in accordance with Ohio R.C. 737.051.

Section 137.03 Chief of Police to be Administrator

The Chief of Police shall have exclusive control of the stationing and transfer of all patrolmen, auxiliary police officers and other officers and employees of the Police Department, and Auxiliary Police Unit, under such general rules and regulations as the Director of Administration prescribes, and in accordance with Ohio R.C. 737.06.

Section 137.04 Personnel

1. Authorized Manpower. That the total number of persons to be employed by the Police Department and the classifications set forth herein shall not exceed the following number of persons in each classification, unless additional budgeted positions receive funding from outside sources by written agreement:
   1. Police Chief                            1
   2. Police Lieutenant                    1
   3. Police Sergeant                       5
   4. Police Patrolman                     18
   5. Police Patrolman, Special       Unlimited
   6. Lead Dispatcher                      1
   7. Full-Time Dispatcher              7
   8. Part-Time Dispatcher              Unlimited
   9. Administrative Assistant        1
   10. School Patrol                          12

(Ord. 01-2021 eff. 01/07/2021)

Section 137.05 Traffic Calming Policy

1. The Traffic Calming Policy for the City of North Canton, is hereby adopted.
2. The Traffic Calming Policy for the City is designed to provide a process through which residents can register concerns about traffic issues and have those concerns systematically addressed.
3. Education and Enforcement.
   1. Before requesting the City's neighborhood Traffic Calming Program, residents should first pursue neighborhood speed-reduction options with the Police Department.  If such efforts have not been pursued, the City will advise the requesting applicant as to programs they would need to initiate prior to proceeding with a traffic-calming evaluation request.  Once these options have been pursued, and if the City has determined these initiatives to be ineffective, staff will then advise the residents to proceed with the neighborhood Traffic-Calming Program.
   2. If a neighborhood feels these strategies have been ineffective, the neighborhood may then choose to proceed to request evaluation for traffic calming measures.  The neighborhood must deliver the request to the City Engineering Department, which will evaluate to what extent other actions have been pursued by the residents of the requesting area and determine whether these steps have been effective.  If efforts, such as requests for increased enforcement, the use of a traffic statistics collection device in the neighborhood, and neighborhood speed watch programs have been used by the residents and City staff has determined them ineffective in the reduction of volume, speed, non-local or cut-through traffic, and accidents, then the request will proceed to the next step.

Chapter 139 Department of Engineering

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Section 139.01 Department of Engineering Established

1. That there is hereby established the Department of Engineering under the direction of the City Engineer who shall have supervision and control of the Department subject to the direction of the Director of Administration.
2. The Department of Engineering shall be composed of the following divisions which shall have the functions hereinafter set forth and such other matters as may be delegated to it by the Director of Administration.
   1. Engineering Services Division.
   2. Permits and Inspection Division.
3. The City Engineer shall perform such other duties not incompatible with the nature of his Office or in conflict with the City Charter or any other function as authorized by ordinance or resolution of Council.

Section 139.02 Division of Engineering Services

The Division of Engineering Services shall be under the supervision of the Assistant Engineer who shall be accountable to the City Engineer.  He shall perform such duties as may be required by the City Engineer, or as may be required or prescribed by resolution or ordinance of Council.

Section 139.03 Division of Permits and Inspection

The Division of Permits and Inspection shall be under the Superintendent of Permits and Inspection who shall be accountable to the Director of Administration. The Superintendent of Permits and Inspection shall perform such duties as may be required by the Director of Administration, or as may be required or prescribed by resolution or ordinance of Council.

Section 139.04 Licenses and Permits Issued

The Division of Permits and Inspection shall issue all City licenses and permits except as otherwise specifically provided.

Section 139.05 Superintendent of Permits and Inspection; Duties; Reports

1. The Superintendent of Permits and Inspection may also hold any of the inspector's positions within the Division at the discretion of the Mayor and/or Director of Administration.
2. The Superintendent shall be in charge of and issue all permits and licenses which are issued by the Division and shall be in charge of all inspectors who are necessary under any permit or license.
3. The signature of the Superintendent shall be the only one necessary on any permit or license issued by the City.
4. A report of the permits and licenses issued and fees collected shall be turned over to the Director of Finance daily.

Chapter 141 Board of Control

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Section 141.01 Cost Overruns

There are hereby established guidelines to be followed by the Board of Control for handling those contracts which exceed specifications or which go over contract cost as follows:

1. By authority of the Director of Administration, any item which has been bid, such as a certain type of gravel, may exceed the amount specified in the contract without being returned to the Board of Control, unless such amount exceeds ten percent (10%).
2. Any item which has not been bid and which must be added to the contract, must be brought to the Board of Control as a change order before such item is added.
3. Any contract which monetarily goes over the contract price by ten percent (10%) must be brought to the attention of the Board of Control and Council.

Section 141.02 Change Orders

1. When in the performance of a contract to which the City is a party, it is determined that a change order is necessary, which change order necessitates the expenditure of moneys by the City in excess of twenty-five thousand dollars ($25,000), said change order shall not be referred to the Board of Control for action until such time as said change order has been approved by three members of Council.
2. In the event there is an emergency in the performance of a contract to which the City is a party necessitating a change order involving the expenditure of moneys by the City in excess of twenty-five thousand dollars ($25,000), and such emergency is such that it is impractical to contact three members of Council for approval, the Board of Control by an approval by three members may authorize such change order.  
3. The Director of Finance is hereby directed not to honor or pay for any change order not issued and approved pursuant to the terms of this section.

Section 141.03 Local Bidder Preference

1. The Board of Control, in determining the lowest and best bidder in the award of contracts, is authorized to award contracts to local bidders as hereinafter defined, whose bid is not more than ten percent (10%) higher, subject to a maximum amount of ten thousand dollars ($10,000), then the low dollar bid submitted by non-local bidders.  The Board of Control's decision in making such an award shall be final.
2. For purposes of this section, "local bidder" means an individual or business entity which at the time of the award of the contract:
   1. Is a resident of the City and/or has its principal place of business in the City; and
   2. Which has filed a City of North Canton "Resident" Income Tax Return for the past two years; and.
   3. Is paid in full or is current and not otherwise delinquent in the payment of city income taxes.
3. In the event no bidder qualifies as a "local bidder" pursuant to subsection (b) above, and/or if the "local bidder" or bidders, pursuant to subsection (b) above, exceed the low bid by ten percent (10%) and/or the maximum amount of ten thousand dollars ($10,000), the Board of Control may expand the definition of local bidder to include an individual business entity which, at the time of the award of the contract is a resident of Stark County and/or has its principal place of business in Stark County.
4. All contract specifications and/or bid documents that are distributed by North Canton for the purposes of soliciting bids for goods and/or services shall contain the following notice:
   • “Prospective bidders will take notice that the City of North Canton, in determining the lowest and best bidder in the award of this contract, may award a local bidder preference to any qualified bidder.  The determination of whether a bidder qualifies for the local preference shall be made by the Board of Control.  The Board's decision shall be final.”
5. This section shall be applicable to all contracts for the purchase of material, equipment, supplies or services.
6. Purchases of material, equipment, supplies or services which are not subject to the Board of Control approval are also authorized to take into consideration local bidder preference as set forth in subsections (a), (b) and (c) above.

Section 141.04 Materials to be Purchased Locally

In all contracts for the construction of buildings, structures, or other improvements under the Capital Improvement Budget, the following clause shall be printed or typewritten on each contract:

“It is the desire of the City of North Canton that all materials used in the construction covered by this contract shall be purchased in the North Canton  area except such materials which are unavailable in the North Canton area.”

Section 141.05 Procedures to Determine Lowest and Best Bid for Construction of Public Improvements

1. For purposes of this section, the following definitions shall apply:
   1. “Public contract” means any contract for the construction, reconstruction, improvement, enlargement, renovation, alteration, repair, painting or decorating of any public improvement, the total overall project cost of which is fairly estimated to be more than twenty-five thousand dollars ($25,000) and which requires bidding.
   2. “Public improvement” includes all buildings, roads, streets, alleys, sewers, ditches, sewage disposal plants, water works, and all other structures or works constructed by the City or by any person or entity, who, pursuant to a contract with the City, constructs any public improvements for the City.
   3. “Local employee” means:
      1. A person residing within the City of North Canton or Stark County;
      2. A person working for a contractor or from a pool of labor located within the City of North Canton or Stark County; or
      3. Due to the specialty nature of the employment to be performed, where a suitable person meeting either subsection (a)(3)A. or B. hereof is not available, a person residing or working within a location as close to North Canton as is available.  A “suitable person” means a person who is qualified to perform the work or trainable within a reasonable period of time.
2. In addition to the dollar amount of the bid and any other factors made relevant by this chapter, the Board of Control, in determining the lowest and best bid for any public contract, as defined herein, shall consider and apply the following factors:
   1. The work, supplies and materials covered by the bidder’s bid.
   2. The bidder’s familiarity and experience with constructing the public improvement for which a bid has been submitted.
   3. The bidder’s performance record on similar construction projects.
   4. The number of years the bidder has been actively engaged as a contractor in the construction industry.
   5. The bidder’s recent experience record in the construction industry, including the original contract price for each construction job undertaken by the bidder, the amount of any change orders or cost overruns on each job and the reason for the change orders or cost overruns.
   6. The bidder’s record for complying with and meeting completion deadlines on construction projects.
   7. The bidder’s ability to secure an acceptable performance bond.
   8. Whether any claims have been made against performance bonds secured by the bidder on other construction projects.
   9. The experience of the bidder’s work force.
   10. The continuity of the bidder’s work force.
   11. The identity of the bidder’s permanent work force that will be employed on the public contract, to include the number of employees (or contract labor) to be assigned to the contract, their city and state of residence, and their job descriptions or trade specialties.
   12. The identity of any temporary work force that will be employed on the public contract, to include the number of employees (or contract labor) to be assigned to the contract, their city and state of residence, and their job descriptions or trade specialties.
   13. The number of local employees, as defined in paragraph (a)(3), and their job descriptions or trade specialties that the bidder will employ on the public contract.
   14. When a bidder claims that non-local employees (or non-local contract labor) are to be assigned to the public contract instead of local employees, the reasons therefor.
   15. When a bidder claims that local employees are not intended to be used by the bidder on the public contract because they are not available, qualified or trainable within a reasonable period of time, the reasons therefor.
   16. In lieu of responses to items (11) - (15), an affidavit of the bidder that he will employ all local labor on the public contract.
   17. The bidder’s compliance record with unemployment and Workers’ Compensation laws.
   18. The bidder’s compliance record with federal and state prevailing wage laws.
   19. The bidder’s compliance record with Fair Labor Standards Act.
3. Each factor enumerated in subsection (b), standing alone, shall not be considered as determinative of the lowest and best bid.  The Board of Control shall have complete discretion in assessing the level of importance to be placed upon any one or more of the factors enumerated and in determining the lowest and best bid and in awarding the public contract.
4. All bid invitations and specifications for construction, repair and renovation work shall advise prospective bidders of all of the factors that will be taken into consideration by the Board of Control in determining whether a bid is not only the lowest but the best bid.  Bid specifications shall contain provisions conforming to this chapter, including a form or forms to enable a bidder to provide evidence to the Board of Control of the bidder’s compliance with, adherence to, or satisfaction of, the various factors that shall be considered by the Board in determining the lowest and best bid.

Chapter 143 Civil Service Commission

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Clerk's Notes

Pursuant to Section 3.07(1) of the Charter the current Codification of the North Canton Civil Service Rules and Regulations were approved and adopted by Ordinance 69-08 and are saved by reference in the Related Codes.

This Chapter is empty and has been established to provide a place for future legislation.

Chapter 145 Planning Commission

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Section 145.01 Recording and Content of Minutes

1. Planning Commission meetings, with the exception of executive sessions, shall be audio and video recorded.
2. Administration shall promptly prepare, file, and make available for public inspection, a verbatim transcript of Planning Commission meetings.     
3. Recorded audio of Planning Commission meetings shall be retained until a verbatim transcript has been prepared and approved.

Chapter 147 Zoning and Building Standards Board of Appeals

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Section 147.01 Recording Meetings and Content of Minutes

1. Zoning and Building Standards Board of Appeals meetings, with the exception of executive sessions, shall be audio and video recorded.
2. Administration shall promptly prepare, file, and make available for public inspection, a verbatim transcript of Zoning and Building Standard Board of Appeals meetings.

Chapter 149 Recreation Board

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Section 149.01 Board Established

There is hereby established a Recreation Board for the City.

Section 149.02 Members; Terms; Compensation

1. The Recreation Board shall consist of five persons, residents of the City, two of whom shall be members of the Board of Education of North Canton City School District or their representatives.
2. Members of the Board shall be appointed by the Mayor and shall serve for terms of five years, except that members first appointed shall be appointed for such terms that the term of one member shall expire annually thereafter.
3. Members of the Board shall serve without pay.

Section 149.03 Responsibilities of Recreation Board; Administration

1. The Recreation Board of the City shall act as an advisory board and shall make recommendations and provide guidance and assistance to the Administration with regard to equipping, operating and establishing recreation programs for the playgrounds, playfields, gymnasiums, swimming pools or recreational centers.
2. The Park and/or Recreation Department of the City shall be responsible for maintenance of all playgrounds, playfields, gymnasiums, swimming pools (including filtering and pumping systems) or other recreational centers.
3. The maintenance expense of all parks, playgrounds, parking lots, sidewalks, facilities, etc., shall be provided for by General Fund appropriations within the Park, Recreation and Swimming Pool Departments
4. The Park and/or Recreation personnel shall be under the authority of the Administration.
5. In all other instances, the authority of the Recreation Board of the City shall be that authority as set forth in Ohio R.C. 755.12 through 755.18 not inconsistent with the provisions contained herein.
6. The Chairman of the Recreation Board of the City shall communicate directly with the Administration with regard to its recommendation concerning the operation, equipping and establishment of recreational programs as well as suggested scheduling of recreational facilities.

Chapter 151 Volunteer Firefighters' Dependents Fund Board

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(Ord. 10-2021 eff. 02/23/2021)

Section 151.01 Board Established; Purpose

Pursuant to the provisions of ORC 146.02(A) the City of North Canton does hereby establish the North Canton Volunteer Firefighters’ Dependents Fund Board for the administration of North Canton’s participation in the Ohio Volunteer Firefighters’ Dependents Fund.

Section 151.02 Board Members; Vacancies

1. The Volunteer Firefighters’ Dependents Fund Board shall consist of five members elected annually for terms beginning January 1 in accordance with the following:
   1. Two members elected by City Council (ORC 146.03(A)(1))
      1. The election of such members shall be held each year no earlier than the first day of November and no later than the second Monday in December. (ORC 146.04(B))
   2. Two members elected by the employees of the North Canton Fire Department who shall be employees of the same. (ORC 146.03(A)(2))
      1. The election of such members shall be held each year on or before the second Monday in December in accordance with ORC 146.04(C). (ORC 146.04(C))
      2. The Secretary of the Volunteer Firefighters’ Dependents Fund Board shall give notice of such election by posting it in a conspicuous place at the headquarters of the North Canton Fire Department, and at the house of each company composing the North Canton Fire Department. (ORC 146.04(C)(1))
      3. Voting shall take place from nine a.m. to nine p.m. on the day of the election during which time each member of the North Canton Fire Department shall send in writing the names of two persons, who are members of the North Canton Fire Department, who are the member’s choices. (ORC 146.04(C)(1))
      4. All votes cast shall be counted and recorded by the Board which shall announce the result. The two persons receiving the highest number of votes are elected. If any two persons receive the same number of votes, the tie shall be broken by lot or in a manner agreed to by both persons for whom such tie vote was cast. (ORC 146.04(C)(2))
   3. One member elected by the other four members of the Board who were elected pursuant to Sections (1) and (2) above, who shall be an elector of the City of North Canton, but who shall not be a public employee and who shall hold no other elected or appointed municipal office. (ORC 146.03(A)(3))
      1. The election of such member shall take place each year on or before December 31^st. (ORC 146.04(B))
2. Any vacancy occurring on the Volunteer Firefighters' Dependents Fund Board shall be filled at a special election called by the Secretary of the Board. (ORC 146.03(C))

Section 151.03 Board Officers; Organization

1. The Board shall meet promptly after its election and elect from among its members a Chairperson and a Secretary.
2. The Secretary shall keep a complete record of proceedings of the Board which record shall be maintained as a permanent file.
3. The Board may adopt rules as it deems necessary for the handling and processing of claims and such other duties as are required by ORC Chapter 146.
4. The Secretary of the Board shall immediately certify to the state fire marshal the names and addresses of the members elected, by whom elected, and the names of the Board Chairperson and Secretary. The Secretary shall also forward a certificate prepared by the clerk of the City of the current assessed valuation of the City or fire district if the City is a member of the Ohio Volunteer Firefighters’ Dependents Fund.

Section 151.04 Legal Counsel

The legal advisor for the Volunteer Firefighters’ Dependents Fund Board shall be the Stark County Prosecutor. (ORC 146.06)

Section 151.05 Meetings; Notice

1. The Board shall meet at a City-owned facility as necessary to conduct its business in accordance with this Chapter and ORC Chapter 146.
2. The Secretary of the Board shall post notice of all such meetings in accordance with ORC Section 121.22.

Section 151.06 Filing of Claims

1. Initial claims made under ORC Section 146.14 for benefits payable under ORC Section 146.12 for members of the North Canton Fire Department shall be filed with the Volunteer Firefighters’ Dependents Fund Board in accordance with ORC Section 146.14.
2. After such initial filing, claims may be transferred at the request of the claimant or the Board to another Volunteer Firefighters’ Dependents Fund Board near the current residence of the claimant provided that the transfer is mutually agreed to by the Boards involved. (ORC 146.15)

Section 151.07 Certifying Claims for Payment

1. The Board shall meet within five days after receipt of a claim to consider the claim and, if satisfied with the validity of the claim, shall make a determination of the amount due and to become due and shall certify its determination to the state fire marshal for payment.
   1. The certificate shall show the name and address of the Board, the name and address of each beneficiary of the claim, the amount to be received by or on behalf of each beneficiary, and the name and address of the person to whom the payments shall be made.
   2. The board may make a continuing order for monthly payments to become due to a claimant for a period not exceeding three months from the date of the determination.
   3. The determination may be modified after issuance to reflect any changes in eligibility of the claimant.
   4. If no changes occur at the end of the three-month period, it is sufficient authority for the state fire marshal to provide for payment if the Board certifies to the state fire marshal that the original certificate is continued for an additional three-month period. (ORC 146.16)
2. If the Board, after consideration of a claim, finds that the claimant has no right to benefits or that the claim is without merit, it shall deny the claim and issue notice of such action by delivering to the claimant a copy of the order, or by leaving a copy at the claimant's place of residence, or by mailing to the claimant a copy thereof by registered mail. (ORC 146.17)

Chapter 155 Personnel Regulations

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Section 155.01 Applicability

These Personnel Regulations shall apply to all exempt City employees and those non-exempt, unclassified employees not subject to a collective bargaining agreement that is contrary to these sections.

Section 155.02 Classification of Employees

1. Exempt and nonexempt unclassified employees not subject to a collective bargaining agreement are “at-will” employees.  “Unclassified employees” are those identified as being in the unclassified service by O.R.C. 124.11(A) and the Rules and Regulations of the Civil Service Commission of the City of North Canton.
2. “Full-time” employees are those, other than non-exempt Fire, E.M.S., and seasonal, who are regularly scheduled to work at least 37.5 hours per workweek.
3. “Part-time” employees are those, other than nonexempt Fire and E.M.S., who are regularly scheduled to work less than 29 hours per workweek and nonexempt Fire and cross-trained E.M.S. personnel who are regularly scheduled to work less than 53 hours in a seven-day tour of duty in an individual job classification.
4. “Seasonal” employees are those hired with the expectation that such employment will last no longer than six months of any calendar year and who are regularly scheduled to work less than 29 hours per workweek.

Section 155.03 Hiring Practices

To fill any position listed in the Full-Time Schedule of Compensation, the Mayor (or in the case of a Council/Law/Finance position, City Council) shall post the open position for a minimum of two weeks on the City’s website, bulletin boards in each City facility, and in a local newspaper.  The posting may also be advertised on websites and/or in trade publications relevant to the position.

Section 155.04 Compensation

1. Exempt employees’ salaries are not subject to minimum wage and overtime provisions pursuant to the Fair Labor Standards Act and R.C. 4111.03, as may be amended from time to time.  Exempt employees shall work the hours necessary to perform their assigned duties, subject to the direction and discretion of their appointing authorities, supervisors, or department heads.
2. Non-exempt employees are subject to minimum wage and overtime provisions pursuant to the Fair Labor Standards Act and R.C. 4111.03, as may be amended from time to time.  
3. Tracking Time Worked.
   1. To ensure timely payment of their salaries, employees shall see that their time sheets, which have been approved by their supervisors, are submitted to the City’s payroll manager no later than 12:00 noon on the first City workday following the last day for the applicable time sheet’s reporting period.  The time sheet shall include both times worked as well as applicable leave used during the reporting period.
   2. Although full-time exempt employees earn a predetermined salary, the City must account for their sick, vacation, and personal time.  As a result, full-time exempt employees shall report leave used during the reporting period to the City’s payroll manager no later than 12:00 noon on the first City workday following the last day for the applicable reporting period.
4. Overtime.
   1. There is an overtime rate of time and one-half after a scheduled eight hours or working a holiday for part-time police officers and part-time radio dispatchers.
   2. All hourly employees not covered in Division (1) hereof shall be allowed and paid extra compensation at
      1. the rate of 1 ½ times the employee's regular hourly rate or
      2. compensatory time computed at the same rate to be taken in the future as approved in advance when required to perform services in excess of regularly scheduled services.
   3. For the purposes of administering overtime, an employee must actually work or be on authorized paid leave, with the exception of sick leave, in excess of 40 hours in any work week. Upon accumulation of 40 hours of compensatory time, all further overtime worked by the employee shall be compensated in the form of overtime pay and may not be added to the employee’s compensatory time bank.
   4. For computing overtime pay, holidays, vacations, and funeral leave days shall be counted as hours worked.
5. Minimum Wage. Effective January 1 of each year, any employees receiving minimum wage shall have their hourly compensation automatically adjusted to reflect the applicable Federal or State minimum wage, whichever is higher.
6. Full-Time Schedule of Compensation.Full-time employees shall be paid an amount equal to or less than the amount set forth in the following schedule:

   Position	Maximum Annual Compensation
   Director of Administration	$118,450.00
   Director of Finance	$118,450.00
   Director of Law	$118,450.00
   City Engineer	$118,450.00
   Chief of Fire and Emergency Medical Services	$97,850.00
   Chief of Police	$97,850.00
   Superintendent of Drinking Water Plant	$87,550.00
   Superintendent of Streets and Sewers	$87,550.00
   Superintendent of Water Distribution and Parks	$87,550.00
   Fire Battalion Chief	$87,550.00
   Deputy Director of Administration and Development	$82,400.00
   Deputy Director of Finance	$82,400.00
   Operations Manager (Drinking Water Plant, Parks, Recreation and Building Maintenance, Streets and Sewer, or Water Distribution)	$82,400.00
   Construction Engineer	$68,557.00
   Clerk of Council or Law Department	$56,650.00
   Assistant Clerk of Council	$34,000.00
   Position	Maximum Hourly Rate
   Accountant/Payroll Manager	$30.70
   Accountant	$28.22
   Administrative Specialist	$27.23
   Client Coordinator	$26.74
   Administrative Assistant	$24.76
   (Ord. 67-2020 eff. 12/23/2020)

7. Part-Time Schedule of Compensation.Part-Time employees shall be paid an amount equal to or less than the amount set forth in the following schedule:

   Position	Maximum Hourly Rate
   Public Safety – Fire/EMS
   Assistant Chief	$19.06
   Fire Captain	$18.54
   Paramedic	$18.54
   Firefighter – Paramedic	$18.54
   Firefighter – basic	$16.48
   Firefighter	$16.48
   Basic	$16.48
   Public Safety – Police/Dispatch
   School Crossing Guard	$13.04
   Special Patrolman
   0-12 months	$20.22
   After 1 year	$23.41
   After 2 years	$24.38
   Radio Dispatcher C
   0-12 months	$18.95
   After 1 year	$21.33
   After 2 years	$22.67
   General
   Administrative Assistant	$20.05
   Client Coordinator	$14.42
   Casual Labor	$14.00
   Seasonal Casual Labor	$14.00
   Intern (Non-Accredited)	$14.00
   (Ord. 67-2020 eff. 12/23/2020)

Section 155.05 Annual Uniform Allowance

1. An annual uniform allowance of $1,000 shall be paid for the positions of Chief of Police and Chief of Fire and Emergency Medical Services.
2. An annual uniform allowance shall also be paid for the following positions, in the following amounts:
   1. Special Patrolman. 
      1. First year: $300 if during first half of year; $150 paid in second half of year.  
      2. Each year thereafter, $300.00 paid in first half of January.
   2. Auxiliary Patrolman
      1. First year: $150 if during first half of year; $75 paid in second half of year.  
      2. Each year thereafter, $150 paid in first half of January.

Section 155.06 Educational benefits

1. The City will provide reimbursement to full-time City employees for tuition, registration, and laboratory fees upon successful completion of college, university or other educational courses that are applicable and beneficial to the City in the performance of the employee's assigned duties and employment with the City, as determined by the responsible departmental authority.
2. This ordinance shall not affect any instruction or training required by state law.
3. Reimbursement for expenses permitted is contingent upon appropriation of funds.
4. The responsible departmental authority must provide prior written authorization to qualify for reimbursement.  Upon successful completion of education courses so authorized, the departmental authority will authorize the reimbursement to the employee, and it shall be paid by appropriated funds.  Prior written authorization by the departmental authority shall be conclusive that authorized educational courses are applicable and beneficial to the City in the performance of the employee's assigned duties and employment with the City.
5. Under no circumstances will the employee be permitted to take education courses during the normal working hours.

Section 155.07 Longevity Plan

Longevity payments of $70 per year of service shall be made during the first half of the month of December of each year to permanent, full-time employees who shall have completed at least five years of continuous City service and who shall be in the employ of the City as of November 30th of the year in which the longevity payment is made.  Determination of longevity pay shall be from December 1st to November 30th.  Full-time employees hired after August 1, 2006, shall not receive longevity pay.

Section 155.08 Leave of Absence

1. Holiday Allowances.
   1. The following paid holidays will be observed by all full-time employees of the City of North Canton and City Offices will be closed on:
      1. New Year's Day
      2. Labor Day
      3. Martin Luther King Day
      4. Thanksgiving Day
      5. President's Day
      6. Friday after Thanksgiving Day
      7. Good Friday
      8. Day before or day after Christmas
      9. Memorial Day 
      10. Christmas Day
      11. July 4^th 
   2. Holidays listed in Division (1) hereof that fall on Saturday, which is normally not a working day, shall be observed on the preceding Friday.
   3. Holidays listed in Division (1) hereof  that fall on Sunday, which is normally not a working day, shall be observed on the following Monday.
   4. Holidays listed in Division (1) shall be considered as a day worked for accrual of fringe benefits.
   5. On or before the first day of November of each year in respect to the holiday of the day prior or the day after Christmas, the Mayor shall, by administrative order, establish which of the days shall be the paid holiday. If the Mayor fails to make such designation by November 1st, the holiday shall be deemed the day prior to Christmas.
2. Sick Leave Regulations.
   1. Sick leave shall be defined as an absence with pay necessitated by:
      1. illness or injury to the employee;
      2. exposure by the employee to a contagious disease communicable to other employees; and/or
      3. illness, injury, or death in the employee's immediate family.
   2. Allowance for sick leave for full-time employees shall accrue at the rate of 4.615 hours for every 80 hours paid not to exceed 120 hours per year and may accumulate such sick leave to an unlimited amount.
   3. Sick leave allowance cannot be converted to vacation leave or used to provide wage extension pay or severance pay upon termination of employment for any reason other than retirement.
   4. Upon retirement, a full-time employee hired on or before August 1, 2006, shall:
      1. be paid for 50% of all sick time accumulated on or before the pay date that ends August 6, 2011, as certified by the Director of Finance, that is not subsequently used; and,
      2. shall receive an additional amount equal to 25% of all unused sick time accumulated after the pay period ending August 6, 2011, as certified by the Director of Finance, up to a maximum payment of 240 hours.
   5. Upon retirement, an employee hired after August 1, 2006 shall be paid for 25% of the total number of accumulated but unused sick hours earned by the employee, as certified by the Finance Department, up to a maximum payment equal to 240 hours.
   6. Sick leave shall not be used where injury is service connected but shall be covered by Subsection (h) hereof.
   7. Any sick leave shall be considered as hours worked for accrual of fringe benefits.
   8. Sick leave may be taken in one-quarter hour increments.
   9. Leave Donation Program.
      1. An employee may receive donated sick or vacation leave, up to the number of hours the employee is scheduled to work each pay period, if
         1. the employee who is to receive donated leave or a member of the employee’s immediate family has a serious illness;
         2. has no accrued leave whatsoever, i.e., sick, vacation, personal, compensatory, or holiday leave; and
         3. has applied for all paid leave, Workers’ Compensation, or benefit programs for which the employee is eligible.
      2. An employee may donate leave if the donating employee:
         1. voluntarily elects to donate leave and does so with the understanding that donated leave shall not be returned;
         2. donates a minimum of eight hours; and
         3. retains a combined leave balance of at least 80 hours.
      3. Leave shall be donated in the same manner in which it would otherwise be used.
      4. This leave donation program shall be administered on a pay-period-by-pay-period basis.  Employees using donated leave shall be considered in active pay status and shall accrue leave and be entitled to any benefits to which they would otherwise receive.  Leave accrued by an employee while using donated leave shall be used, if necessary, in the following pay period before additional donated leave may be received.  Donated leave shall not count toward the probationary period of an employee who receives donated sick leave during the employee’s probationary period.  Donated leave shall be considered sick leave but shall never be converted into a cash benefit.  
      5. Employees wishing to donate leave shall certify:
         1. the name of the employee for whom the donated leave is intended;
         2. the type of leave and number of hours donated;   
         3. that they must possess a minimum of 80 hours of combined leave balance beyond the amount donated; and
         4. that the donation is voluntarily and shall not be returned.
      6. The City shall ensure no employees are forced, compelled, or intimidated to donate leave.
      7. The City shall respect an employee’s right to privacy.  However, it may, with the permission of the employee in need, or a member of the employee’s immediate family, inform employees of their co-worker’s critical need for leave.  The City shall not directly solicit leave donations from employees; indeed, the City shall confirm donations occur on a strictly volunteer basis.
3. Vacation Regulations.
   1. For the sole purpose of the application of this subsection, full-time employees who were employed by the City of North Canton in a calendar year prior to January 1, 2003 shall be deemed to have a service date of January 1 of that year in that year in which their employment commenced.       
   2. Annual Vacation Allowances.
      1. Full-time employees having been employed one through four years by January 1st shall be granted a paid vacation allowance of two calendar weeks in that calendar year of employment.
      2. Full-time employees having been employed five through nine years by January 1st shall be granted a paid vacation allowance of three calendar weeks in that calendar year.
      3. Full-time employees having been employed ten through fourteen years by January 1st shall be granted four calendar weeks in that calendar year.
      4. Full-time employees having been employed fifteen through nineteen years by January 1st shall be granted five calendar weeks in that calendar year.
      5. Full-time employees having been employed twenty years or more shall be granted six calendar weeks in that calendar year.
      6. Full-time employees having been employed less than one year, but not yet employed on January 1st, may be granted one day of vacation for each full month remaining in that calendar year, to a maximum of 10 vacation days, effective on the first day of the first full month of employment during the calendar year, without the requirement of accrual.
         1. Unless Item (ii) hereof applies, full-time employees may be granted a paid vacation allowance during the first year of employment up to a maximum of two calendar weeks at the discretion of the appointing authority.
         2. The appointing authority may grant up to four weeks of vacation for the positions of Director of Administration, Director of Law, Director of Finance, Deputy Director of Administration and Development, Deputy Director of Finance, Clerk of Council, City Engineer, Chief of Fire & EMS, Chief of Police, Superintendent, and Operations Manager.
   3. Leave Approving Authority.
      1. The Director of Finance is the leave approving authority for Finance Department employees.  
      2. The President of Council is the leave approving authority for Directors of Law and Finance and Council Department employees.  
      3. The approving authority for all other employees is the applicable department head with concurrence of the Director of Administration.  
   4. A vacation schedule based on the seniority standing of employees will be made up by the department head each year with vacation periods so staggered that an employee's absence will not seriously jeopardize the departmental work schedule.
   5. An extra day of paid vacation allowance will be permitted for all paid holidays falling within a selected vacation period.
   6. When the normal work week is forty hours, the paid vacation allowance will be based thereon.
   7. Three weeks of paid vacation allowance may be carried over to the next calendar year.  The three weeks shall be the maximum amount which may be carried over regardless of the year to which the allowance is attributable.
   8. Any employee who shall resign, retire or be laid off shall be entitled to be paid for vacation allowance earned in the previous year and eligible to be taken in the current year plus vacation earned in the current year at the pro-rata amount of one-twelfth for each full month worked subsequent to January 1st.
   9. Vacation shall be used in increments of one week or more except that vacations may be used in lesser increments when authorized by the proper departmental authority; however, vacation may not be taken in lesser increments than one hour.
4. Military Leave. Military leave shall be granted in accordance with federal and state law.
5. Funeral Leave.
   1. Three days excused absence with pay upon the death of the employee's mother, father, sister, brother, spouse, son, daughter, grandparent, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, stepmother, stepfather, stepchildren, grandchild and grandparent-in-law.
   2. With permission of the department head and the concurrence of the Director of Administration or the Director of Finance for the Finance Department or the President of Council or Clerk of Council for the Council Office, the employee may be allowed one day for a funeral other than that of a relative.  This time off shall not be charged against sick leave or vacation allowance but shall be leave with pay.
6. Jury Duty Leave.
   1. Any employee who is called for jury duty, either Federal, County or Municipal, shall be paid the employee’s regular salary, less any compensation received for jury duty, as provided for in the Revised Code when said jury duty conflicts with the employee’s work schedule.
   2. Paid Jury Duty Leave will not exceed eighty hours per year without approval of City Council.  It will be the employee’s responsibility to present to the City the necessary documents, including pay vouchers/check from the Clerk of Courts.
7. Maternity Leave.
   1. This policy applies only to those not eligible for maternity leave pursuant to Family Medical Leave Act of 1993(“FMLA”).  Employees eligible for FMLA maternity leave shall receive leave pursuant to that Act in the manner described in the City of North Canton Personnel Handbook. Maternity Leave shall include pregnancy, childbirth and related medical conditions.  
   2. Upon written request to the Director of Administration, Director of Finance, or President of Council, whoever is applicable, a pregnant employee may be granted a leave of absence without pay, subject to the following rules.
      1. Length of Leave: Leaves of absence for maternity leave shall be limited to the period of time that the pregnant employee is unable to perform the substantial, material duties of the employee's position.  This period may include reasonable pre-delivery, delivery and recovery time, as certified in writing by a physician, not to exceed one hundred and eighty days. Such leave shall not include time being requested for the purposes of child care following the recovery of the employee.
      2. Physician Certificate: A pregnant employee requesting a leave of absence without pay must present, at the time the request is made, a physician's certificate stating the probable period for which the employee will not be able to perform substantial, material duties of the employee's position due to pregnancy, childbirth or related medical conditions.
      3. Sick Leave Usage: Upon request to the Director of Administration, Director of Finance, President of Council, whoever is applicable, and in accordance with the rules of the City of North Canton with regard to sick leave, a pregnant employee shall be permitted to use any or all of the employee's accumulated sick leave credit only for the period of time as certified by the physician's certificate that the employee isn't able to work as a result of pregnancy, childbirth or related medical conditions.  An employee using sick leave credit shall not be prevented from receiving a leave of absence for maternity leave purposes without pay for the remainder of the period.
      4. Service Credit: Authorized leaves of absence under this rule for maternity leave without pay will count as service credit for all purposes related to seniority, provided the employee has properly returned to service and is not serving a probationary period.  Employees that do not return to service from a personal leave of absence for maternity leave shall not receive service credit for the time spent on such leave.
      5. Employee Benefits: Hospitalization and life insurance benefits will remain in effect as long as the employee is on maternity leave as provided for herein.
      6. Return to Service: Upon completion of a leave of absence for maternity leave purposes, without pay, the employee shall be returned to the same or similar position within the employee’s former classification.
      7. Failure to Return: An employee who fails to return to duty upon completion or valid cancellation of leave of absence without pay and without explanation to the Director of Administration, Director of Finance, President of Council, whoever is applicable or their representatives, may be removed from the service of the City. An employee who fails to return to service from a leave of absence without pay and is subsequently removed from the service is deemed to have a termination date corresponding to the starting date of the leave of absence without pay.
      8. Abuse of Leave: If it is found that a leave is not actually being used for the purpose for which it was originally granted, the Director of Administration, Director of Finance, or President of Council, whoever is applicable, may cancel the leave and direct the employee to report for work by giving written notice to the employee.
8. Disability Pay. For a period of up to 12 months, a full-time employee injured in the line of duty, whose claim is allowed by the Bureau of Workmen's Compensation, may receive the difference between the amount allowed by the Bureau of Workmen's Compensation and the employee’s regular pay.
9. Unpaid Leave of Absence. Leave of Absence without pay may be granted upon written request and approval of Director of Administration. Attendance at job related conferences, meetings, seminars, require prior written request and approval from the responsible departmental authority.
10. Public Accountability Salary Deduction. To the extent permitted by law, exempt employees who are entitled to accrue personal leave and sick leave will have their salary reduced for absences of less than full work days when accrued leave is not used by an employee because:  a) permission for its use has not been sought or has been sought and denied; b) accrued leave has been exhausted; or c) the employee chooses to use leave without pay.

Section 155.09 Medical and Life Insurance

1. Full-time personnel shall be eligible for medical benefits in accordance with the City’s group health benefits plan, according to the terms of such plan, as amended from time to time.
2. Full-time personnel, and those part-time personnel designated by Council, shall be eligible for life insurance in accordance with the City’s life insurance plan, according to the terms of such plan, as amended from time to time.

Section 155.10 Retirement and Pension

1. Retirement.
   1. For the purpose of administering Section 155.08 retirement is defined as eligible retirement as determined by the Public Employees' Retirement System of Ohio and the Police and Firemen's Disability and Pension Fund.
   2. Disability Retirement is defined as recognition of eligible disability retirement from the Public Employees' Retirement System and the Police and Firemen's Disability and Pension Fund.
2. Pension Pickup.
   1. Any employee of the City of North Canton who is a member of the Public Employees Retirement System of Ohio or the Ohio Police and Fire Pension Fund shall have the employee’s compensation reduced by an amount equivalent to that employee's contribution to the Public Employees Retirement System of Ohio or the Ohio Police and Fire Pension Fund; as the case may be, and that the amount of the employee's contribution to the Public Employees Retirement System of Ohio or the Ohio Police and Fire Pension Fund; as the case may be, be paid by the City of North Canton on behalf of the employee; and that the amount of the contribution so paid on behalf of the employee by the employer be added to the salary or wage of the employee in the calculation of pensions and other benefits and is subject to the City of North Canton income tax. The employee is not given the option of choosing to receive said amount directly instead of having them paid directly to the Public Employees Retirement System of Ohio or the Ohio Police and Fire Pension Fund.
   2. In respect to the employee's contribution to the Public Employees Retirement System of Ohio, that contribution shall be the employee's contribution to the employee's savings fund defined by R.C. 145.47.

Section 155.11 Drug Testing Policy

1. Drug screening or testing shall be conducted upon reasonable suspicion. This testing shall be solely for administration purposes and the results obtained shall not be used in any criminal proceeding. Under no circumstances may the results of the drug screening or testing be released to a third party for the use in a criminal prosecution against the affected employee. The following procedures shall not preclude the employer from other administrative action.
2. Drug testing shall also be authorized when an employee is involved in an on-duty motor vehicle accident which results in bodily injuries to any vehicle occupants or the employee, or when the employee has discharged a weapon while on duty.
3. All drug screening tests shall be conducted by medical laboratories licensed by the State of Ohio and accredited by the College of American Pathologists or other mutually agreed upon entity.  The procedures utilized by the testing lab shall correspond to accepted medical practice.  Any positive result shall be confirmed by a mass spectrophotometry procedure (GS-MS), or any approved subsequent state-of-the-art confirmatory test.
4. Drug screening tests shall be given to employees to detect the illegal use of controlled substances as defined in Section 3719 of the Ohio Revised Code. If the initial screening is positive, the employee's sample shall be subjected to a confirmatory test that shall be administered by a medical laboratory licensed by the State of Ohio and accredited by the College of American Pathologists or other mutually agreed upon entity.  The employee may have a second confirmatory test of the split sample done at a lab of the employee’s choosing, at the employee’s expense.  This test shall be given the same evidentiary weight as the previous test, provided a neutral chain of custody remains unbroken.
5. If all the screening and confirmatory tests are positive, then the employee involved may be required to enter into rehabilitation referral.  The City shall maintain the right to discipline the employee in addition to mandating rehabilitation.
6. Prior to any notification by the Employer for drug screening or testing, an employee may elect to participate in a rehabilitation or detoxification program, as determined by appropriate medical personnel. The cost of the program will be covered according to the provisions of the employee's health insurance plan.
7. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick leave, vacation leave, or personal days for the period of the rehabilitation.  If no such leave credit is available, such employees shall be placed on leave of absence without pay for the period of the rehabilitation leave.
8. Upon completion of the program, and provided that a retest demonstrates that the employee is no longer illegally using a controlled substance, and/or subject to any disciplinary action that may be taken pursuant to this Article, the employee shall be returned to the employee’s former position.
9. Such employee may be subject to random retesting upon return to the employee’s position for a period of one year from the date of return.
10. Any employee in the above-mentioned rehabilitation program will not lose any seniority or benefits should it be necessary that he be required to take a medical leave of absence without pay for a period not to exceed 90 days.
11. If an employee refused to undergo rehabilitation or detoxification pursuant to a lawful order, or fails to complete a program of rehabilitation, or should test positive at any time within one year after return to work upon completion of the rehabilitation program, the employee shall be subject to disciplinary action.
12. Except as otherwise provided herein, the cost of all drug screening shall be borne by the City.
13. For the purpose of this Article "periodic" shall mean not more than three times per year, except that a drug test may be performed at any time upon "reasonable suspicion" of drug use.  An employee may be tested more frequently during the one-year period after return from a rehabilitation program.
14. For the purpose of implementing the provisions of this Article, each employee shall execute medical releases in order for the City to obtain the results of the drug screening provided for in this Article.  The release referred to in this Section shall authorize only the release of examination results pertaining to the drug screening test.  Such medical releases shall be provided by the employer.”

Chapter 157 Indemnification of Employees

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Section 157.01 Policy Established

There is hereby established the following policy for the indemnification of employees of the City.

Section 157.02 Definitions

1. "City" means the City of North Canton.
2. "Employee" means any person holding a paid or unpaid position by election, appointment or employment with the City whether on a full-or part-time basis but shall not include an independent contractor.  The term employee shall include a former employee, his estate or judicially appointed personal representative.
3.  "Scope of employment" includes, on behalf of the City, acts or omissions fairly and reasonably deemed to be an ordinary and natural incident or attribute of the service to be rendered or the duty to be discharged as contemplated by the nature of the employment or a natural, direct or logical result thereof.

Section 157.03 Indemnification of Employees; Exceptions; Punitive Damages

1. Subject to the provisions of subsection (b) hereof, the City shall indemnify and save harmless any employee of any judgment rendered or claim settled arising from any civil action or claim against such employee.
2. The City's duty to indemnify as set forth in subsection (a) hereof shall not apply in the event that:
   1. The act or omission of the employee was not within the scope of his or her employment;
   2. The employee acted or failed to act because of fraud, corruption or actual malice;
   3. The employee fails to request legal representation from the City Law Department within ten days after the employee has been served with the lawsuit, unless, however, good cause is otherwise shown;
   4. The employee settles the civil action or claim without notifying the City:
   5. The employee fails or refuses to reasonably cooperate in good faith in the formation or presentation of his defense conducted by the City.
3. Except to the extent the City may have insurance coverage for punitive or exemplary damages for its employees, the City on behalf of its employees, shall not pay any claim or judgment for punitive or exemplary damages.

Section 157.04 Ground for Indemnification of City by Employee

1. Except as provided in subsection (b) hereof, in the event the City pays any claim, settlement or judgement against itself or against an employee of the City, or any portion thereof, for an injury or damage arising out of an act or omission of the employee of the City, the employee is not liable to indemnify the City.
2. In the event the City pays any claim, settlement or judgment, or any portion thereof, either against itself or against an employee of the City for an injury or damage allegedly arising out of an act or omission of the employee of the City, the City reserves all of its legal rights to recover from the employee the amount of such payment if the City determines that the act or omission occurred outside the scope of his employment or that he acted or failed to act because of fraud, corruption or actual malice or that he willfully failed or refused to reasonably cooperate in good faith in the formation or presentation of his defense conducted by the City.

Section 157.05 Notice of Civil Action Required by Employees

1. Except as otherwise provided in Section 157.06, upon timely request of an employee, the City shall provide for the legal defense of any civil action brought against him in his official or individual capacity or both on account of an act or omission occurring within the scope of his employment  as an employee of the City.  A timely request for legal representation shall be deemed made where the employee delivers to the Law Department the summons and complaint within ten days after the employee has been served.
2. A counterclaim or cross-complaint against a City employee shall be deemed to be a civil action brought against him.

Section 157.06 When City May Refuse to Defend Employee

The City shall not provide for the legal defense of any civil action brought against an employee in the event the City, through the Law Director, determines that:

1. The employee failed to request legal representation from the City within ten days after service of the civil action upon him.  Notice to the Law Department by delivering the complaint and summons within the prescribed time period shall be considered a request for legal representation.  Any modification from the notice requirement shall be in the sole discretion of the Director of Law in cases where good cause is shown by the employee.
2. The act or omission was not within the scope of his employment.
3. The employee acted or failed to act because of fraud, corruption or actual malice.
4. The defense of the action by the City would create a conflict of interest between the City and the employee.  In the event that the Director of Law determines that a conflict of interest exists between the City and an employee, the Director of Law shall advise such employee of the conflict in writing; in which event, the employee shall be entitled to seek other competent counsel practicing law in Stark County.  The legal fees for such outside counsel shall be paid by the City unless the employee would not be entitled to indemnification pursuant to Section 157.03.

Chapter 159 Records and Archives Commission

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Section 159.01 Commission Created; Members

The North Canton Records and Archives Commission is hereby established to be composed of the Mayor, or the Mayor’s appointed representative, as chairperson, the Finance Director, the President of Council, the Law Director and a citizen appointed by the Mayor, who shall be a member of the North Canton Heritage Society.  The Commission shall appoint a secretary, who may or may not be a member of the Commission and who shall serve at the pleasure of the Commission.  The Commission shall meet at least once every six months and upon the call of the chairperson.  

Section 159.02 Duties of Commission

The duties of the Commission shall be to review and examine antique documents and records created or received by or coming under the jurisdiction or control of the City which serve to document the organization, history, functions, policies, decisions, procedures, operations or other activities of the City or its predecessors, to identify those documents and records which the Commission deems to be of continuing historical value, provide rules for retention and disposal of records of the municipal corporation, and to review applications for one-time disposal of obsolete records and schedules of records retention and disposition submitted by municipal offices.  The Commission, at any time, may review any schedule it has previously approved and, for good cause shown, may revise that schedule under the procedure outlined in that section.

Section 159.03 Disposition of Records

The Commission may dispose of records pursuant to the procedure outlined in Section 149.381 of the Revised Code.

Chapter 161 Identity Theft Policy

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Section 161.01 Adoption

An Identity Theft Policy for the City of North Canton, be, and the same is hereby adopted.

Section 161.02 Background

The risk to the Municipality, its employees and customers from data loss and identity theft is of significant concern to the municipality and can be reduced only through the combined efforts of every employee and contractor.

Section 161.03 Purpose

1. The Municipality adopts this sensitive information policy to help protect employees, customers, contractors and the Municipality from damages related to the loss or misuse of sensitive information.
2. This policy will:
   1. Define sensitive information;
   2. Describe the physical security of data when it is printed on paper;
   3. Describe the electronic security of data when stored and distributed; and
   4. Place the Municipality in compliance with state and federal law regarding identity theft protection.
3. This policy enables the Municipality to protect existing customers, reducing risk from identity fraud, and minimize potential damage to the Municipality from fraudulent new accounts. The program will help the Municipality:
   1. Identify risks that signify potentially fraudulent activity within new or existing covered accounts;
   2. Detect risks when they occur in covered accounts;
   3. Respond to risks to determine if fraudulent activity has occurred and act if fraud has been attempted or committed; and
   4. Update the program periodically, including reviewing the accounts that are covered and the identified risks that are part of the program.

Section 161.04 Scope

This policy and protection program applies to employees, contractors, consultants, temporary workers, and other workers at the Municipality, including all personnel affiliated with third parties.

Section 161.05 Sensative Information Policy

1. Definition of Sensitive Information.  Sensitive information includes the following items whether stored in electronic or printed format:
   1. Credit card information, including any of the following:
      1. Credit card number (in part or whole)
      2. Credit card expiration date
      3. Cardholder name
      4. Cardholder address
   2. Tax identification numbers, including:
      1. Social Security number
      2. Business identification number
      3. Employer identification numbers
   3. Payroll information, including, among other information:
      1. Paychecks
      2. Pay stubs
   4. Cafeteria plan check requests and associated paperwork
   5. Medical information for any employee or customer, including but not limited to:
      1. Doctor names and claims
      2. Insurance claims
      3. Prescriptions
      4. Any related personal medical information
   6. Other personal information belonging to any customer, employee or contractor, examples of which include:
      1. Date of birth
      2. Address
      3. Phone numbers
      4. Maiden name
      5. Names
      6. Customer number
   7. Municipal personnel are encouraged to use common sense judgment in securing confidential information to the proper extent. Furthermore, this section should be read in conjunction with the Ohio Public Records Act and the municipality's open records policy. If an employee is uncertain of the sensitivity of a particular piece of information, he/she should contact their supervisor. In the event that the municipality cannot resolve a conflict between this policy and the Ohio Public Records Act, the municipality will contact the Ohio Attorney General or Auditor of State.
2. Hard Copy Distribution.  Each employee and contractor performing work for the municipality will comply with the following policies:
   1. File cabinets, desk drawers, overhead cabinets, and any other storage space containing documents with sensitive information will be locked when not in use.
   2. Storage rooms containing documents with sensitive information and record retention areas will be locked at the end of each workday or when unsupervised.
   3. Desks, workstations, work areas, printers and fax machines, and common shared work areas will be cleared of all documents containing sensitive information when not in use.
   4. Whiteboards, dry-erase boards, writing tablets, etc. in common shared work areas will be erased, removed, or shredded when not in use.
   5. When documents containing sensitive information are discarded they will be placed inside a locked shred bin or immediately shredded using a mechanical cross cut or Department of Defense (DOD)-approved shredding device. Locked shred bins are labeled "Confidential paper shredding and recycling." Municipal records, however, may only be destroyed in accordance with the City's records retention policy.
3. Electronic Distribution.  Each employee and contractor performing work for the municipality will comply with the following policies:
   1. Internally, sensitive information may be transmitted using approved municipal e-mail. All sensitive information must be encrypted when stored in an electronic format.
   2. Any sensitive information sent externally must be encrypted and password protected and only to approved recipients. Additionally, a statement such as this should be included in the e-mail:
      • "This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed. Any use by others is strictly prohibited."

Section 161.06 Additional Idenity Theft Prevention Program

If the municipality maintains certain covered accounts pursuant to federal legislation, the municipality may include the additional program details.

1. Covered accounts.  A covered account includes any account that involves or is designed to permit multiple payments or transactions. Every new and existing customer account that meets the following criteria is covered by this program:
   1. Business, personal and household accounts for which there is a reasonably foreseeable risk of identity theft; or
   2. Business, personal and household accounts, for which there is a reasonably foreseeable risk to the safety or soundness of the municipality from identity theft, including financial, operational, compliance, reputation, or litigation risks.
2. Red flags.
   1. The following red flags are potential indicators of fraud. Any time a red flag, or a situation closely resembling a red flag, is apparent, it should be investigated for verification.
      1. Alerts, notifications or warnings from a consumer reporting agency;
      2. A fraud or active duty alert included with a consumer report;
      3. A notice of credit freeze from a consumer reporting agency in response to a request for a consumer report; or
      4. A notice of address discrepancy from a consumer reporting agency as defined in § 334.82(b) of the Fairness and Accuracy in Credit Transactions Act.
   2. Red flags also include consumer reports that indicate a pattern of activity inconsistent with the history and usual pattern of activity of an applicant or customer, such as:
      1. A recent and significant increase in the volume of inquiries;
      2. An unusual number of recently established credit relationships;
      3. A material change in the use of credit, especially with respect to recently established credit relationships; or
      4. An account that was closed for cause or identified for abuse of account privileges by a financial institution or creditor.
3. Suspicious documents. 
   1. Documents provided for identification that appear to have been altered or forged.
   2. The photograph or physical description on the identification is not consistent with the appearance of the applicant or customer presenting the identification.
   3. Other information on the identification is not consistent with information provided by the person opening a new covered account or customer presenting the identification.
   4. Other information on the identification is not consistent with readily accessible information that is on file with the Municipality, such as a signature card or a recent check.
   5. An application appears to have been altered or forged, or gives the appearance of having been destroyed and reassembled.
4. Suspicious Personal Identifying Information.
   1. Personal identifying information provided is inconsistent when compared against external information sources used by the Municipality. For example:
      1. The address does not match any address in the consumer report;
      2. The Social Security number (SSN) has not been issued or is listed on the Social Security Administration's Death Master File; or
      3. Personal identifying information provided by the customer is not consistent with other personal identifying information provided by the customer. For example, there is a lack of correlation between the SSN range and date of birth.
   2. Personal identifying information provided is associated with known fraudulent activity as indicated by internal or third-party sources used by the municipality. For example, the address on an application is the same as the address provided on a fraudulent application.
   3. Personal identifying information provided is of a type commonly associated with fraudulent activity as indicated by internal or third-party sources used by the Municipality. For example:
      1. The address on an application is fictitious, a mail drop, or a prison; or
      2. The phone number is invalid or is associated with a pager or answering service.
   4. The SSN provided is the same as that submitted by other persons opening an account or other customers.
   5. The address or telephone number provided is the same as or similar to the address or telephone number submitted by an unusually large number of other customers or other persons opening accounts.
   6. The customer or the person opening the covered account fails to provide all required personal identifying information on an application or in response to notification that the application is incomplete.
   7. Personal identifying information provided is not consistent with personal identifying information that is on file with the Municipality.
   8. When using security questions (mother's maiden name, pet's name, etc.), the person opening the covered account or the customer cannot provide authenticating information beyond that which generally would be available from a wallet or consumer report.
5. Unusual Use of, or Suspicious Activity Related to, the Covered Account.
   1. Shortly following the notice of a change of address for a covered account, the municipality receives a request for new, additional, or replacement goods or services, or for the addition of authorized users on the account.
   2. A new revolving credit account is used in a manner commonly associated with known patterns of fraud patterns. For example, the customer fails to make the first payment or makes an initial payment but no subsequent payments.
   3. A covered account is used in a manner that is not consistent with established patterns of activity on the account. There is, for example:
      1. Nonpayment when there is no history of late or missed payments;
      2. A material change in purchasing or usage patterns
   4. A covered account that has been inactive for a reasonably lengthy period of time is used (taking into consideration the type of account, the expected pattern of usage and other relevant factors).
   5. Mail sent to the customer is returned repeatedly as undeliverable although transactions continue to be conducted in connection with the customer's covered account.
   6. The Municipality is notified that the customer is not receiving paper account statements.
   7. The Municipality is notified of unauthorized charges or transactions in connection with a customer's covered account.
   8. The Municipality receives notice from customers, victims of identity theft, law enforcement authorities, or other persons regarding possible identity theft in connection with covered accounts held by the Municipality.
   9. The Municipality is notified by a customer, a victim of identity theft, a law enforcement authority, or any other person that it has opened a fraudulent account for a person engaged in identity theft.

Section 161.07 Responding to Red Flags

1. Once potentially fraudulent activity is detected, an employee must act quickly as a rapid appropriate response can protect customers and the municipality from damages and loss.
   1. Once potentially fraudulent activity is detected, gather all related documentation and write a description of the situation. Present this information to the designated authority for determination.
   2. The designated authority will complete additional authentication to determine whether the attempted transaction was fraudulent or authentic.
2. If a transaction is determined to be fraudulent, appropriate actions must be taken immediately. Actions may include:
   1. Canceling the transaction;
   2. Notifying and cooperating with appropriate law enforcement;
   3. Determining the extent of liability of the Municipality; and
   4. Notifying the actual customer that fraud has been attempted.

Section 161.08 Periodic Updates to Plan

1. At periodic intervals established in the program, or as required, the program will be re-evaluated to determine whether all aspects of the program are up to date and applicable in the current business environment.
2. Periodic reviews will include an assessment of which accounts are covered by the program.
3. As part of the review, red flags may be revised, replaced or eliminated. Defining new red flags may also be appropriate.
4. Actions to take in the event that fraudulent activity is discovered may also require revision to reduce damage to the Municipality and its customers.

Section 161.09 Program Administration

1. Involvement of Management.
   1. The Identity Theft Prevention Program shall not be operated as an extension to existing fraud prevention programs, and its importance warrants the highest level of attention.
   2. The Identity Theft Prevention Program is the responsibility of the governing body. Approval of the initial plan must be appropriately documented and maintained.
   3. Operational responsibility of the program is delegated to the Director of Administration for Safety Services and the Director of Finance for Utilities and Income Tax.
2. Staff training.
   1. Staff training shall be conducted for all employees, officials and contractors for whom it is reasonably foreseeable that they may come into contact with accounts or personally identifiable information that may constitute a risk to the municipality or its customers.
   2. The Director of Administration for Safety Services and the Director of Finance for Utilities and Income Tax is responsible for ensuring identity theft training for all their requisite employees and third party providers.
   3. Employees must receive annual training in all elements of this policy.
   4. To ensure maximum effectiveness, employees may continue to receive additional training as changes to the program are made.
3. Oversight of Service Provider Arrangements.
   1. It is the responsibility of the Municipality to ensure that the activities of all service providers are conducted in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft.
   2. A service provider that maintains its own identity theft prevention program, consistent with the guidance of the red flag rules and validated by appropriate due diligence, may be considered to be meeting these requirements.
   3. Any specific requirements should be specifically addressed in the appropriate contract arrangements.