Clinton NORTH CAROLINA  lanuary2.2024. CITY COUNCILI MEETING  The City Council oft the City of Clinton, North Carolina, met in a regular session at 7:00 PM on January 2, 2024, ini the City Hall Auditorium. Mayor Starling presided. Councilmembers Ruggles, Corbett, DuBose, Strickland, and Mayor Pro Tem Becton were  present.  City Attorney Tim Howard of Howard and Carr, PLLC, was present.  Also, present were City Clerk Elaine F. Hunt; City Manager James Duncan; Finance Director Kristin Stafford; Public Works Director Chris Medlin; HR Director Natalie Blue; Parks and Recreation Director Jonathan Allen; Planning Director. Mary Rose; Fire Chief Hagan Thornton; Assistant Police Chief Adrian Mathews; and Police ChiefAnthony Davis. Jack Tunnell ofThe Sampson Independent and Sylvia Chestnutt ofThe Sampson Mayor Starling called upon Councilman Daniel Ruggles, District 1, to give the  Weekly were present. invocation. CITY COUNCIL  Upon a motion made by Councilmember DuBose, seconded by Councilmember Strickland, the minutes of the December 5, 2023, regular city council meeting were  unanimously. approved.  RECOGNITION - 2023 POLICE OFFICER OF THE YEAR  Police Chief Anthony Davis presented the recipient for the "2023 Police Officer oft the Year--Detective Allen McDuffie. Chief Davis stated that Detective McDuffie has been very instrumental in solving several high-profile cases. Chief Davis stated that he has gone beyond the call of duty, hardworking, compassionate, and a role model for all the  department.    Chief Davis stated that Detective McDuffie serves as a mentor and leader empllymgpolesonalsm, respect, and teamwork. Chief Davis stated that it is an honor  tor recognize Detective McDuffie.  Mayor Starling, Mayor Pro Tem Becton, and Chief Davis presented aj plaque to Mayor Starling emphasized safety and how proud the City Council is oft the Clinton  Detective McDuffie and pictures were taken.  Police Department, as well as the Clinton Fire Department. RECOGNITION - 2023 FIREFIGHTER OF THE YEAR  Due to unforeseen reasons, this item was continued until the February 6, 2024,  City Council meeting.  PERSONNEL POLICY - AMENDMENT  City Manager Duncan explained this proposed amendment. Councilmember Strickland voiced a concern regarding requiring physician's note when an employee is out forad certain number ofdays. City Manager Duncan and HR Director Blue elaborated on  Councilmember Strickland's concern.  Upon a motion made by Councilmember Strickland, seconded by Councilmember Ruggles, the following amendment to the Personnel Policy, was unanimously adopted in its  entirety:  Personnel Policy Amendment  ARTICLE VII. HOLIDAYS AND LEAVES OF ABSENCE  Whereas, upon the recommendation oft the city manager, the City Council is requested to amend Article VII. Holidays and Leaves of Absence, in its entirety to read as  follows:  ARTICLE VII. HOLIDAYS AND LEAVES OF ABSENCE  Section 1. Policy  The policy of the City is to provide vacation leave, sick leave, and holiday leave to all regular full-time employees. Employees shall accrue leave proportionately with each payroll. An employee must be in "pay status" for a minimum of fifty percent (50%) of  the pay period in order to accrue leave.    Section 2. Holidays  The City of Clinton observes the same holiday schedule as designated by the North Carolina Office of State Human Resources with twelve (12) paid holidays per year. Additionally, a floating holiday will be given to employees to allow for the observance  of. Juneteenth. The following are the designated holidays:  New Year's Day Martin Luther King Jr.'s Birthday Good Friday Memorial Day Independence Day  Labor Day Veteran's Day Thanksgiving (Thursday & Friday) Christmas (three days)  When any recognized holiday falls on a Saturday, the preceding Friday will be the designated holiday. When any recognized holiday falls on a Sunday, the following Holidays are equivalent to eight (8) hours straight-time pay for all regular full-time employees regardless of their typical workweek schedule and are excluded from hours worked in calculating overtime. In order to receive a paid holiday, an employee must have worked the day before and the day after the holiday(s) or have been given approved leave. Fire and law enforcement employees whose work schedule differs from the standard Monday through Friday schedule, and who work greater than eight (8) hour shifts, will meet this requirement by working the "scheduled work shift" before and the 'scheduled work shift" after the holiday or  Monday will be the designated holiday.  have been given approved leave.  Section 3. Holidays: Effect on Other Types of Leave  Recognized holidays which occur during a vacation, sick, or other leave period of any  employee shall not be considered as vacation, sick, or other leave.  Section 4. Vacation Leave  Vacation/Personal leave is intended to be used for rest and relaxation, school appointments, and other personal needs. Vacation/Personal leave accrues from the first day of employment with the accrual rate determined by the length of service. Vacation leave may also be used by employees who wish to observe religious holidays other than those granted by the City. Employees who wish to use leave for religious observances must request leave from their respective Department Directors. The Department Director will attempt to arrange the work schedule sO that an employee may be granted vacation leave for the religious observance. Vacation leave for religious observance may be denied only when granting the leave would create an undue hardship for the City. Vacation leave shall be taken only with the  prior approval of the employee's Department Director.    Section 5. Vacation Leave: Use by Probationary Employees  Employees serving a probationary period following initial employment may accumulate vacation leave but shall not be permitted to take vacation leave during the first six (6) months of employment unless approved by the Department Director.  Section 6. Vacation Leave: Accrual Rate  Each full-time employee of the City shall earn vacation leave at the following schedule, prorated by the average number of hours in the workweek (Section 15):  Years of Service 0-4 5-9 10-14 15-19 20+  Vacation Days Accrued per Year 15 17 19 23 25  Vacation Hours Accrued per Month 10 11.3 12.7 15.3 16.7  Section 7. Vacation Leave: Maximum Accumulation  Vacation leave may be accumulated without any applicable maximum until December 31 of each year. Effective the last payroll in the calendar year, any employee with more than two hundred forty (240) hours of accumulated vacation leave shall have the excess accumulation converted to sick leave sO that only two hundred forty (240) hours are carried forward to January 1 of the next calendar year. Employees are not eligible to receive pay for excess vacation time not taken at this conversion time. Employees are cautioned not to retain excess accumulated vacation leave until late in the year. Because of the necessity to keep all functions in operation, large numbers of employees cannot be granted vacation leave at any one time. If an employee has excess leave accumulation during the latter part of the year and is unable to take such leave because of staffing demands, the employee shall receive no special consideration either in having vacation leave scheduled or in receiving any exception  to the maximum accumulation.  Section 8. Vacation Leave: Manner ofTaking  Employees shall be granted the use of earned vacation leave upon request in advance at those times designated by the Department Director which will least obstruct normal operations of the City. Department Directors are responsible for insuring that approved vacation leave does not hinder the effectiveness of service delivery. Vacation leave may be taken in half-hour or full-hour increments. Failure to request or take vacation leave without prior approval may result in disciplinary action. Notwithstanding the procedures described in this Article, employees will use accrued  comp time before using accrued vacation leave.    Section 9. Vacation Leave: Payment upon Separation  An employee who has successfully completed the probationary period will normally be paid for accumulated vacation leave upon separation not to exceed two hundred forty (240) hours, provided the employee provides a written to their supervisor. Additionally, the employee must work each scheduled workday during the two-week Any employee failing to give and work the two-week notice required by this section shall forfeit payment for accumulated leave. The notice and work requirement may be waived by the City Manager when deemed to be in the best interest of the City. Employees who are dismissed pursuant to Article IX, Section 5 of this Policy shall  notice period unless provided an exception by the City Manager.  forfeit payment for accumulated annual leave. Section 10. Vacation Leave: Payment upon Death  The estate of an employee who dies while employed by the City shall be entitled to payment of all the accumulated vacation leave credited to the employee's account  not to exceed the maximum established in this Article.  Section 11. Sick Leave  Sick leave benefits are a privilege and not a right that any employee may demand. Sick leave may be granted to a probationary or regular employee absent from work for any of the following reasons: sickness, bodily injury, required physical or dental examinations or treatment, or exposure to a contagious disease, when continuing work might jeopardize the health of others. Sick leave is not intended to provide Sick leave may be used when an employee must care for a member of his or her immediate family who is ill. "Immediate family", for the purposes of this policy, shall be defined as spouse, child, parent or step-parent, brother, sister, grandparent, grandchild, son-in-law, daughter-in-law, mother-in-law or father-in-law of the  time off for recreation, personal reasons, ort to extend vacations.  employee, or guardian.  Sick leave runs concurrently with other types of leave including Family Medical Leave. Sick leave may be used during the initial seven (7) day waiting period before Workers' Notification of the desire to take sick leave should be submitted to the employee's supervisor prior to the leave. If any employee is unable to report to work, the employee must notify their supervisor as soon as practical after the beginning of the regular scheduled workday. If the employee cannot call, the employee must have someone else call. Ifitis is necessary for an employee to leave the work site because of illness, the employee must notify their supervisor before leaving. The employee is  Compensation benefits begin.    responsible for keeping their supervisor andlor Department Director informed on a regular basis of the status of the illness and when they expect to return to work. Department Directors may require that employees obtain a physician's statement describing the nature of illness and/or attesting to one's capacity to resume work duties. Failure to properly notify the supervisor and/or Department Director or provide necessary medical documentation may result in disciplinary action up to and The City has the discretion to send an employee home on sick leave if he/she exhibits signs of a serious contagious illness or to send the employee to a physician  including termination.  to obtain a fitness for duty not before returning to work. Section 12. Sick Leave: Accrual Rate and Accumulation  Sick leave shall accrue at a rate of one (1) day per month of service or twelve (12) days per year. Sick leave for regular full-time and probationary employees working other than the basic work schedule shall be pro-rated as described in this Article. Sick leave will be cumulative for an indefinite period of time and may be converted upon retirement for service credit consistent with the provisions of the North Carolina All sick leave accumulated by an employee shall end and terminate without compensation when the employee resigns or is separated from the City, except as  Local Government Employees' Retirement System.  stated for employees retiring or terminated due to reduction in force. Section 13. Transfer of Sick Leave from Previous Employer  The City will accept initial sick leave balances from a previous employer when the previous employer is covered by the State or Local Government Retirement System and the employee did not withdraw accumulated contributions from that employer when leaving employment. The sick leave will be treated as though it were earned with the City of Clinton. The sick leave amount must be certified by the previous employer, and it is the employee's responsibility to provide documentation from their previous employer within three (3) months of employment. Transferred sick leave will be credited to the employee upon completion of the probationary period.  Section 14. Sick Leave: Medical Certification  The employee's supervisor or Department Director may require a physician's certificate stating the nature of the employee's or employee family member's illness and the employee's capacity to resume duties, for each occasion on which an employee uses sick leave or whenever the supervisor observes a "pattern of absenteeism. " The employee may be required to submit to such medical examination or inquiry as the Department Director deems desirable. The Department Director shall be responsible fori the application of this provision to the end that: 1) Employees shall not be on duty when they might endanger their health or    the health of other employees; and 2) There will be no abuse of leave privileges.  Claiming sick leave under false pretense to obtain a day off with pay shall subject  the employee to disciplinary action up to and including dismissal.  Section 15. Leave Pro-rated  Vacation and sick leave earned by full-time employees with fewer or greater hours than the basic work week shall be prorated and determined by the following formula: 1) The number of hours worked by such employees shall be divided by the 2) The proportion obtained in Step 1 shall be multiplied by the number of hours of leave earned annually by employees working the basic workweek. 3) The number of hours in step 2 divided by 12 shall be the number of hours of leave earned monthly by the employees concerned or divided by 26 shall be  number of hours in the basic workweek (usually 40 hours).  the number of hours ofleave earned bi-weekly.  Section 16. Family and Medical Leave  The City of Clinton provides up to twelve (12) weeks of job-protected leave in accordance with the Family and Medical Leave Act of 1993 (FMLA). Under the Family and Medical Leave Act of 1993, eligible employees may be granted up to a total of twelve (12) weeks of unpaid leave per twelve (12) month period, as 1) For incapacity due to pregnancy, prenatal medical care, or childbirth; 2) To care for the employee's child after birth, or placement for adoption or foster 3) To care for employee's spouse, son or daughter (underage of 18 or incapable of self-care due to disability), or parent with a serious health condition, as  determined below, for any of the following reasons:  care;  defined by FMLA;  4) For a serious health condition, as defined by FMLA, that renders the employee 5) For qualifying exigency arising out of the fact that the spouse, child, or parent of the employee is on active-duty or called to active-duty status in the National  unable to perform the job; or  Guard or Reserves in support of a contingency operation.    Service member Family Leave  FMLA also includes a special leave entitlement that permits eligible employees to take up to twenty-six (26) weeks of leave to care for a covered service member during a single twelve (12) month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty and is receiving medical treatment, recuperating or undergoing therapy for a serious injury or illness. In contrast to all other FMLA leaves, service member family leave may be taken only once and does not again become available with the start of a new FMLA year. An employee may not take more than a combined total of twenty-six (26) workweeks of leave in any year in which he or she uses service member family leave. The same eligibility, leave usage, and medical certification requirements apply  tos service member family leave as apply to all other FMLA leaves.  12-Month Period  For the purpose of determining available leave, the twelve (12) month period during which employees may be eligible for leave will be calculated on a rolling leave year looking backward twelve (12) months from the date an employee begins FMLA  leave.  Medical Certification  The City may require medical certification to assess FMLA eligibility, as well as updates at reasonable intervals for continued certification. Employees are responsible for paying for the certification or re-certification. The City, at its own cost, may also require the employee to get a second or third opinion from a physician designated by the City. Failure to provide adequate information within fifteen (15) calendar days, may result in denial of leave. The employee is expected to return to work at the end of the time frame stated in the medical certification, unless he/she has requested additional time in writing under the City's Leave of Absence policy. The City requires a physician's statement certifying an employee's ability to return to work prior to returning from medical leave. An employee who does not return to work within three (3) working days after their FMLA expires will be considered to have  voluntarily resigned their position. Spouse's Combined Leave  Ifa husband and wife both work for the City and each wishes to take leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent with a serious health condition, the husband and wife together may only take a total of twelve (12) weeks leave under FMLA. The request for the use of leave must be made in writing by the employee and approved by the Department Director or City  Manager. Benefits Continuation  The City will continue to provide health care benefits during the twelve (12) week FMLA leave entitlement, however, the employee will be responsible for paying his/her portion of the premium for dependent coverage if applicable. Other insurance and payroll deductions (i.e. dental, flex, etc.) are the responsibility of the employee    and the employee must make those payments. Failure to pay premiums will result in loss of coverage. Under federal regulations, the City has the right to recover the insurance premiums if the employee fails to return to work for reasons other than the  inability of the employee to work.  Reinstatement  Under most circumstances, employees who return to work immediately after the expiration of this leave and who do not exceed the amount of leave permitted under the FMLA, will be reinstated to either the same or equivalent job. If the twelve (12) or twenty-six (26) weeks of this leave are exhausted and the employee has not returned  tov work, the City will determine if the employee will be reinstated.  Section 17. Leave Without Pay  A regular full-time or probationary employee may be granted a leave of absence without pay for a period of up to six (6) months by the City Manager. The leave shall be used for reasons of personal disability after both sick and annual leave have been exhausted, sickness or disability of immediate family members, continuation of education, special work that will permit the City to benefit by the experience gained or the work performed, or for other reasons deemed justified by the City Manager. A part-time or temporary employee will be granted leave without pay, if necessary, while on Workers' Compensation leave. The employee shall apply in writing to the supervisor for leave. The employee is obligated to return to duty within or at the end of the time determined appropriate by the City Manager. Upon returning to duty after being on leave without pay, the employee shall be entitled to return to the same position held at the time leave was granted or to one of like classification, seniority, and pay. If the employee decides not to return to work, the supervisor shall be notified immediately. Failure to report at the expiration of a leave of absence, unless The employee may continue to participate in the City's group insurance plans, provided that the employee pays the individual premium during the time the employee is on leave without pay when granted educational or special work Section 18. Family Medical Leave and Leave Without Pay: Retention and  an extension has been requested, shall be considered a resignation.  approved by the City.  Continuation of Benefits  When an employee is on leave under FMLA (maximum of twelve (12) weeks in a year), the City will continue the employee's health benefits during the leave period at the same level and under the same conditions as if the employee had continued to work. If an employee chooses not to return to work for reasons other than a continued serious health condition, the City will require the reimbursement of the amount paid for the employee's health insurance premium during the FMLA leave period. Other insurance and payroll deductions are the responsibility of the employee and the employee must make those payments for continued coverage of that benefit.    An employee shall retain all unused annual and sick leave while on Leave Without Pay. An employee ceases to earn leave credits on the date leave without pay begins. The employee may continue to be eligible for benefits under the City's group insurance plans at his or her own expense, subject to any regulation adopted by the  City Council and the regulations of the insurance carrier. Section 19. Workers' Compensation Leave  Under the North Carolina Workers' Compensation Act, employees may be compensated for absence from work due to injury or illness covered by the Act, 1) There is a mandatory seven (7) calendar day waiting period before Workers' Compensation salary benefits begin. For this initial seven (7) day waiting period, employees may use sick leave, vacation leave, compensatory time, or 2) Beginning on the 8th calendar day following the injury or illness, employees who have not returned to work shall be placed in a Workers' Compensation Leave Without Pay status. Accrued leave cannot be used while in Leave 3) Employees receiving Workers' Compensation benefits will not accrue vacation leave, sick leave or paid holidays and their local government retirement and 401k benefits are not paid during this period. Employees will retain all 4) An employee on Workers' Compensation leave may be permitted to continue tob be eligible for benefits under the City's group health insurance plan during the twelve (12) week FMLA period. Employees may elect to continue health 5) Upon reinstatement, an employee's salary will be computed on the basis of the last salary plus any salary increase to which the employee would have been entitled during the absence covered by Workers' Compensation benefits. 6) After returning to work, employees shall be required to use sick or vacation leave for any additional absences for doctor visits, physical therapy, and other required medical care except where any full or partial workday absence may 7) Any period of leave for a Workers' Compensation injury that qualifies as a "serious health condition" under the Family and Medical Leave Act (FMLA), 8) The City of Clinton's personnel policies shall continue to apply to an employee  subject to the following leave provisions:  leave without pay.  Without Pay status.  accumulated sick and vacation leave.  benefits by electing COBRA.  be eligible for Workers' Compensation payment.  will run concurrently with FMLA leave.    on Workers' Compensation leave in the same manner as they would apply to an employee who continues to work or is absent while on some other form of 9) An employee is prohibited from moonlighting or performing other outside work 10)The ability to return to work will be assessed individually and on a case-by- case basis. The City will engage in an interactive process with the employee to carefully analyze whether accommodations requested are reasonable while not creating an undue hardship to the City. If business necessity requires the City to fill the position prior to the employee's return to work, the employee will receive priority consideration for qualified job openings for six (6) months after 11)Before an employee may return to work from a Workers' Compensation injury at full or light duty, the employee must provide a physician's note or Fitness for Duty certification to his/her supervisor indicating that he/she is released and capable of resuming duties, and what, if any restrictions are in place  leave.  during workers' compensation leave.  their medical release to work.  Section 20. Return to Work  The City of Clinton has an established light duty return-to-work policy. A light duty assignment is defined as a temporary work assignment within the employee's physical abilities, knowledge and skills which allows an employee to return to work performing different duties until the employee is able to return to his/her original position following an on-the-job injury. The light duty assignment temporarily addresses the restrictions placed on the employee by the treating physician. For work to be considered suitable light duty employment, the following conditions must 1) The employee must meet the required qualifications for the light duty 2) The work must be a meaningful and productive part of the department's 3) The work must conform to the medical restrictions set by the medical care 4) The light duty assignment and/or modified work schedule should not exceed Ifthe employee's regular department is unable to meet the employee's need for light duty, the employee's department is responsible for payment of the employee's salary and benefits while performing a light duty assignment in a different department that  be met:  assignment, operations, provider, and,  ninety (90) calendar days.    has been able to meet the employee's needs. The employee placed in a light duty assignment will be paid a salary that is equivalent to the salary of other employees holding the same position. The City cannot guarantee placement and is under no obligation to offer or create any specific position for purposes of offering placement. Employees in a light duty assignment are expected to comply with City policies and performance expectations as if they were working in their regular, full-time position. An employee may choose to accept or refuse the Return to Work (modified duty). job offer. However, an employee who refuses a Light Duty offer is subject to termination. Rejection of the job offer might also result in cancellation of income benefits under Ifan employee is unable to return to work at full duty after ninety (90) calendar days, he/she may request a continuation of light duty. Approval beyond ninety (90) calendar days will be based upon the individual assessment of the employee's ability tor return to full duty within the immediate future as well as business necessity. An employee requesting an extension beyond ninety (90) calendar days must submit updated information from the treating physician. The City reserves the right to consider a separation of employment for any employee who is out on Workers' Compensation leave for an extended period of time thus causing hardship for the department. The City of Clinton will engage in the interactive process to determine whether a reasonable accommodation is possible for a qualified individual with a disability to enable them to perform the essential functions of the job, unless doing SO causes an undue hardship to the City or a direct threat to employees or workplace  Workers' Compensation Insurance.  safety.  Section 21. Military Leave  In accordance with federal and state laws, the City provides military leave to employees who are members of a United States Armed Forces Reserve organization or National Guard for absences to perform military duty, whether voluntary or involuntary. Absences to perform any military duty (including active-duty, active-duty training, inactive-duty training such as scheduled drills and summer camp, full-time National Guard federal duty, fitness-for-duty examination, and funeral honors duty) are covered by this policy, unless the employee reaches the five (5) year maximum of military leave as established by the Uniformed Services Employment and Reemployment Rights Act (USERRA). This policy provides military leave to regular City employees unless their employment is for a brief, non-recurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a Employees should submit a request for military leave to the supervisor or Department Director as soon in advance of the military duty as possible. The request should be in writing and should be accompanied by a copy of the military orders. Employees must report back to work as soon after military duty as possible, consistent with federal and state laws. If the reason for the employee's delay is not related to military duties, the employee is subject to the personnel policies and  significant period.    practices normally applied to employees with unexcused absences.  Employees may choose whether to use earned compensatory time, accrued vacation leave (leave with pay), leave without pay, or some combination thereof for these absences, and the provisions of that leave shall apply. Upon exhausting all other paid leave, employees may request to use sick leave, if approved by the City Manager. Regular employees choosing to use military leave may claim up to ten (10) days of differential pay per calendar year provided the days are recorded as military leave and the military basic pay is less than the employee's regular City pay. To claim differential pay, the employee must submit a copy of his/her military orders, pay vouchers, Leave and Earnings Statement and/or other appropriate documentation evidencing performance and compensation pertinent to the military duty. During the period of military leave, regular employees may continue health and dental insurance coverage up to eighteen (18) months under COBRA coverage, provided they continue to pay their share of the premiums. As with any other unpaid leave, employees do not accrue vacation leave or sick leave during the period of leave without pay. However, the balance of such accruals on the date of commencement of the military leave will remain intact for the employee's return to  work.  Section 22. Reinstatement Following Military Service  Employees who are separated or discharged from military service under honorable conditions and who apply for reinstatement within the established time limits are reinstated to the same position or one of like status, seniority, and pay with the City. If, during military service, an employee is disabled to the extent that the duties of the original position cannot be performed, the employee is reinstated to a position with duties compatible with the disability, if available. The employee's salary upon reinstatement is based on the salary rate just prior to leave, plus any general salary increase(s) implemented while on leave. The addition of a performance salary increase may be considered. Employees who are eligible for military leave have all job rights specified by the Uniformed Services Employment and Reemployment An employee's entitlement to the provisions of this section terminates upon the 1) Such employee is separated from uniformed service with dishonorable or bad 2) Such employee is separated from uniformed service under other than honorable conditions, as characterized pursuant to regulations prescribed by 3) The City's circumstances have sO changed as to make such reemployment  Rights Act (USERRA).  occurrence of any of the following events:  conduct discharge;  the Secretary concerned;    impossible or unreasonable; or  4) Such employee gives clear written notice he or she has no intention of  returning to work. Section 23. Civil Leave  A City employee called for jury duty or subpoenaed for the federal or state governments, or a subdivision thereof, shall receive leave with pay for such duty during the required absence without charge to accumulated leave. The employee may keep fees and travel allowances received for jury or witness duty in addition to regular compensation; except, that employees must turn over to the City any witness fees or travel allowance awarded by that court for court appearances in connection with official duties. While on civil leave, benefits and leave shall accrue as though on regular duty. Employees required to be in court for their own case, defendant or  plaintiff, must use vacation leave or compensatory time.  Section 24. Shared Leave  Itis the policy of the City to provide an opportunity for employees to share and/or receive leave during periods of prolonged absences from work due to a medical  condition, resulting in exhaustion of all leave.  Eligibility  Only permanent full-time employees who have exhausted all paid leave  and compensatory time are eligible to receive donated leave.  Definitions  Medical Condition = a condition of an employee or immediate family member, validated by the attending physician's medical certification form, which requires the employee to be absent from work for more than one pay period or for a series of absences which will result in the exhaustion of all earned leave. The certification from the attending physician should list the condition, prognosis, and estimated time Immediate Family Member = employee's spouse, children (including step- children), grandchildren, parents, and dependents living in the employee's household.  for treatment or recovery.  Guidelines  To receive shared leave, recipient employees:  1)  Must have been employed full-time for a minimum of six (6) months.    2) Must have exhausted all paid leave (sick, annual, compensatory time and the special advance provision outlined in Article VII, Section 16 of the Personnel Must have a serious medical condition as defined in this policy and, in all cases, submit a physician's medical certification form of diagnosis, prognosis  Policy) before requesting and using shared leave.  3)  and estimated duration of medical leave necessary.  4) Must have a reasonable leave record.  5) 6)  Cannot simultaneously receive Worker's Compensation Must be ineligible for disability retirement. To donate shared leave, donor employees:  1) Any eligible employee may donate annual or sick leave to any 2) May only donate a maximum of eighty (80) hours of annual or sick leave 3) May not reduce his or her annual or sick leave balance below one-half (%)  approved employee. in ac calendar year.  of what the donor can earn in one (1) year. Must donate a minimum of four (4) hours. donation, and signed by the donor.  4)  5) All donations must be in writing, designate the employee receiving the  6) Donors and donation amounts shall remain confidential.  7) All leave donations must be to a designated employee approved by the Employees wishing to request shared leave must submit the completed Shared Leave Recipient Form with the physician's medical certification form and an authorization for the release of medical information to the Human Resources Director. The Department Director confirms no abuse of leave, approves the requests, and forwards the application to the Human Resources Director. The Human Resources Director confirms the medical certification with the attending physician and forwards the request to the City Manager for approval or disapproval. After City Manager's approval, the Human Resources Director sends out information identifying the employee, the circumstances, and a request for shared leave donors. Ift the employee is unable to make the request for leave, a third party acting on the  City Manager and may not be made to a pool or bank.    employee's behalf, may make the application.  The Privacy Act makes medical information confidential. When disclosing information on an approved recipient, only a statement that the recipient or family Length of Leave The City Manager will determine the length of the leave. However, shared leave may only be used during a maximum six (6) months period for any single injury or illness. Under no circumstances may the use of shared leave Earning Leave While Using Shared Leave - Annual leave, sick leave, and holidays shall continue to be earned/paid while using shared leave. However, earned leave accrued during this period must be used by the employee prior to continued use of Unused Leave - At the expiration of the period approved for shared leave as determined by the City Manager, any donated leave must be returned on a pro rata Abuse - The City Manager and Department Directors are authorized to take all necessary steps to prevent abuse of this policy, including dispatching a nurse or physician to verify the medical condition or requiring a medical examination. Employees or family members may not solicit leave directly from other employees under any circumstances. In addition, solicitation by supervisors or Department Directors on behalf of other employees is prohibited and shall be grounds for The donating employee may not receive compensation in any form for the donation of leave. Acceptance of remuneration for donated leave shall result in dismissal.  member has a prolonged illness will be made.  exceed the recipient's period of treatment and recovery.  shared leave.  basis to the donors.  disciplinary action.  Section 25. Funeral Leave  Up to three calendar days paid leave is granted each calendar year for making funeral arrangements, traveling to, and attending the funerals of Relatives including spouse, parent(s), guardian, child (ren), sister(s), brother(s), grandparents, grandchildren, in addition to the various combinations of half, step, in-law, and adopted relationships that can be derived from the above mentioned. Funeral leave does not accumulate from year to year. Funeral leave must be approved prior to use. Any additional time off may be charged as vacation/personal leave or compensatory time, ifa available. Extra days are granted based on the needs of the employee and  the department.    BUDGET -WWTP BLECTRICALSERVICE RESILIENCY AND RELIABILITY  IMPROVEMENTS FY2022 ARP ACT GRANT PROIECT ORDINANCE - #SRP-W-ARP-0149 Upon a motion made by Councilmember Strickland, seconded by Councilmember  Ruggles, the following grant project ordinance passed unanimously:  CITY OF CLINTON FY22 AMERICAN RESCUE PLAN ACT GRANT PROJECT # SRP-W-ARP-0149 GRANTI PROJECT ORDINANCE  WWTP ELECTRICAL SERVICE RESILIENCY AND RELABILITYIMPROVEMENTS  Be it ORDAINED by the City Council oft the City of Clinton, North Carolina, that pursuant to section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following Grant Project Ordinance is Section 1: The Project authorized is the WWTP Electrical Service Resiliency and Reliability Improvements Project (grant project number SRP-W-ARP-0149) to be to bet financed by the federal American Rescue Plan Act (ARPA) grant funds awarded to the City of Clinton by the North Carolina Department of Environmental Quality (DEQ) Division of Water Infrastructure (DWI). Section 2: The officers of this unit are hereby directed to proceed with the grant project withini the terms of the board resolution, grant documents, the rules and regulations of the Division of Water  hereby adopted.  Infrastructure (DWI), and the budget contained herein.  Section 3: The following amounts are appropriated for the project revenues:  ARPA Grant Proceeds Total  2,442,000 2,442,000  Section 4: The following amounts are appropriated for the project expenses:  Engineering, Administration, and Construction Services  $ 2,442,000 2,442,000  Total  Section 5: The finance officer is hereby directed to maintain within the WWTP Electrical Project Fund sufficient specific detailed accounting records to satisfy the requirements of the grantor agency, the  grant agreements, and federal regulations.    Section 6: Funds may be advanced from the Water and Sewer Fund for the purpose of making payments as due. Reimbursement requests should be made to the State grantor agency in an orderly and timely Section 7: The finance officer is directed to report, on a quarterly basis, on the financial status of each Section 8: The Budget Officer is directed to include a detailed analysis of past and future costs and Section 9: Copies of this grant project ordinance shall be furnished to the Clerk, the Budget Officer, and  manner. Compliance with all federal and state procurement regulations is required. project element in section 4 and on the total grant revenues received or claimed. revenues on this capital project in every budget submission made to this board.  the Finance Officer for direction in carrying out this project.  BUDGET -WWTP ELECTRICALSERVICE RESILIENCY AND RELIABILITY IMPROVEMENTS FY2022 CLEAN WATER STATE REVOLVING FUND LOAN CAPITAL  PROIECT BUDGET ORDINANCE - #CS370425-08  Upon a motion made by Councilmember Strickland, seconded by Councilmember Ruggles, the following fund loan capital project budget ordinance passed unanimously:  CITY OF CLINTON FY22 CLEAN WATER: STATE REVOLVING FUND LOAN PROJECT # CS370425-08 CAPITAL PROJECT BUDGET ORDINANCE  WWTP ELECTRICAL SERVICE RESILIENCY. AND RELIABILITY IMPROVEMENTS  Be it ORDAINED by the City Council of the City of Clinton, North Carolina, that pursuant to section 13.2 of Chapter 159 oft the General Statutes of North Carolina, the following Capital Project Budget Ordinance Section 1: The Project authorized is the WWTP Electrical Service Resiliency and Reliability Improvements Project (loan project number CS370425-08) to be to be financed by the federal Clean Water State Revolving Fund (CWSRF) loan funds awarded to the City of Clinton by the North Carolina Section 2: The officers of this unit are hereby directed to proceed with the grant project within the terms of the board resolution, grant documents, the rules and regulations of the Division of Water  is hereby adopted.  Department of Environmental Quality (DEQ) Division of Water Infrastructure (DWI).  Infrastructure (DWI), and the budget contained herein.  Section 3: The following amounts are appropriated for the projectrevenues:    Loan Proceeds Local Funds (2% Closing Feel Total  1,179,000 23,580 1,202,580  Section 4: The following amounts are appropriated for the project expenses:  Engineering, Administration, and Construction Services  1,179,000 20,000 1,202,580  Closing Fee Total  Section 5: The finance officer is hereby directed to maintain within the WWTP Electrical Fund sufficient specific detailed accounting records to satisfy the requirements of the grantor agency, the grant Section 6: Funds may be advanced from the Water and Sewer Fund for the purpose of making payments as due. Reimbursement requests should be made to the State grantor agency in an orderly and timely manner. Compliance with all federal and state procurement regulationsisrequired. Section 7: The finance officer is directed to report, on a quarterly basis, on the financial status of each Section 8: The Budget Officer is directed to include a detailed analysis of past and future costs and Section 9: Copies of this grant project ordinance shall be furnished to the Clerk, the Budget Officer, and  agreements, and federal regulations.  project element in section 4 and on thei total grant revenues received or claimed. revenues on this capital project in every! budget submission made toi this board.  the Finance Officer for direction in carrying out this project.  APPOINTMENT  Mayor Starling brought everyone up to date regarding the All-America City Committee's vacancies. He stated that the City Council does not have to be on the Committee; however, they will travel with the group. He asked City Clerk Hunt to read the names oft thei individuals who currently are on the Committee. Ms. Hunt read the following names: Dee Bryant; Patty Peterson-Cherry; Susan Bristow; Nettie Pernell; Victor Fryar;and  Sherry Matthews.  Mayor Starling stated that presently, the Committee is composed of fourteen (14) Individuals recommended to the Committee were: Pastor Lynn Blackburn; Pastor Regina Monroe-Lucious; Mrs. Jess Bashlor; Ms. Shirley Williams; and Pastor RosaMaria  members, but more can be added ifthe City Council deems it appropriate.  Gracia.    Upon ai motion made by Councilmember Strickland, and seconded by Councilmember DuBose, it passed unanimously to add Pastor Lynn Blackburn; Pastor Regina Monroe-Lucious; Mrs. Jess Bashlor; Ms. Shirley Williams; and Pastor RosaMaria  Gracia to the All-America City Committee. 2024, special city council meeting.  Itwas the consensus oft the City Council to continue this item until the January 23,  REPORTS  The monthly combined staff report was acknowledged.  STAFF REPORTS  Public Works Director Medlin briefly spoke regarding a College Street issue. He stated that he would have more detailed information at the January 23, 2024, CIP  Workshop.  Mayor asked Police Chief Davis about a traffic: study involving Fox Lake Drive. Chief Davis stated that he would have a finalized report at the) January 23, 2024, CIP Workshop.  CITY MANAGER REPORTS  City Manager Duncan requested that the CIP Workshop be changed to January 23, 2024, at 5:00 PM. The City Council approved previously for the Workshop tol be held on  January 16, 2024.  City Manager Duncan asked the City Council to contact City Clerk Huntifhe/she Mayor Starling mentioned obtaining vans to tour the districts on January 23, 2024.  desired to have a district meeting during this year.  PUBLIC COMMENTS  Ms. Martha O. Manuel appeared before the City Council. She introduced herselfand told that shel has thel honor ofliving on Indiantown Road-partly in the County and partly within the City. She told the City Council that several weeks ago, she noticed the lights were out at the school during thet time oft the championship events. Ms. Manuel stated that she called the Public Works Department regarding the outage, and she did not receive the assistance she was seeking. She stated that she then called the main number and spoke to a young lady at City Hall who was simply amazing. Ms. Manuel stated that this individual went above and beyond, and she had to let the City Council know about this experience.    She stated that the City needs more employees such as this young lady. Before returning to her seat, Ms. Manuel handed City Clerk Hunt a gift card to give to the employee.  Mayor Starling and the City Council inquired of City Clerk Hunt who this young lady  was, and Ms. Hunt replied, "Katina Gondo, her office assistant in the Administration Department." All oft the City Council members also spoke highly oft this young lady. Councilmember Ruggles wanted the group tol know that Ms. Gondo has been with the City  for a very short time. OTHER BUSINESS  There was no other business for discussion.  CONTINUATION  Being no: further discussion, a motion was made by Councilmember Ruggles, seconded by Mayor Pro Tem Becton, and it passed unanimously to continue this) January 2, 2024, City Council meeting until Tuesday, January 23, 2024, at 5:00 PM: fora CIP Workshop  tol be held in the City Council Auditorium.  The meeting adjourned at approximately 7:50 PM.  Bha 1KE  Elaine F. Hunt, City Clerk, MMC, NCCMC  Lew Starling, Jr., Mayor