AN ORDINANCE PROVIDING ADDITIONAL SICK LEAVE HOURS TO A VILLAGE EMPLOYEE, AND DECLARING AN EMERGENCY

WHEREAS, the Village previously passed Ordinance No. 2020-11, which provided for additional sick leave hours to be provided to Village employee Brian Rippeth, Street Commissioner, to supplement his sick leave hours because of his catastrophic illness rendering him unable to report to work for the Village for an extended period of time; 

WHEREAS, the additional sick leave hours provided for pursuant to Ordinance No. 2020-11 have been exhausted;

WHEREAS, Mr. Rippeth, due to his illness, remains unable to return to work for the Village at this time; 

WHEREAS, Mr. Rippeth continues to desire to return to work for the Village when he recovers from his illness; 

WHEREAS, due to Mr. Rippeth’s continued extended illness, Mr. Rippeth will need additional sick leave hours that he does not possess to maintain necessary health insurance; and

WHEREAS, Council believes it is in the best interest of the Village to continue to support employee Brian Rippeth by providing him with additional sick leave hours to be applied to his expected absences from work during the period of January 25, 2021 through June 21, 2021 in the amount of thirty (30) or less hours per week (sixty (60) or less hours per pay period). 

NOW THEREFORE, BE IT ORDAINED by the Council of the Village of Killbuck, State of Ohio, as follows:

SECTION 1. Mr. Rippeth may receive from the Village additional sick leave hours to be applied to his expected absences from work due to his current illness during the period of January 25, 2021 through June 21, 2021 in the amount of thirty (30) or less hours per week (sixty (60) or less hours per pay period). Any such sick leave hours utilized by Mr. Rippeth will be applied only after use of any holiday time, earned sick leave hours, or available vacation time, to enable employee Rippeth to meet the thirty-hour a week pay requirement to maintain health insurance through the Village.

The additional sick leave hours may be used during the time period of January 25, 2021 through June 21, 2021 if during said time period Mr. Rippeth is unable to perform the essential functions of his position and continues to expect to return to work for the Village. The Village may require that the employee provide a physician’s certificate for his absences due to the illness.

SECTION 2. In the event that Mr. Rippeth’s employment with the Village is terminated prior to use of some or all of the sick leave hours provided for in Section 1 of this Ordinance, the employee will not receive a pay-out of the sick leave upon employment termination. This Ordinance does not affect the at-will employment relationship between the Village and the employee.

SECTION 3. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. This Ordinance is hereby declared to be a retroactive emergency measure necessary for the immediate preservation of the public peace, health and safety for the reason that the action herein applies to the time period beginning January 25, 2021 and immediate passage is necessary to ensure compliance with pay and benefit deadlines; therefore, this Ordinance shall take effect immediately upon passage and retroactively to January 25, 2021.

Passed this 16th day of February, 2021.

SIGNATURES ON FILE