Clinton NORTH CAROLINA MARCH 4, 2025, CITY COUNCIL MEETING The City Council ofthe City of Clinton, North Carolina, met in a regular session at 7:00 PM on March 4, 2025, in the City Hall Auditorium. Mayor Starling presided. Councilmembers Ruggles, Corbett, Strickland, DuBose, and Mayor Pro Tem Becton were present. City Attorney Joel Starling, Ir., of The Law Office ofW. Joel Starling, Jr., PLLC, was present. Also present were City Manager James Duncan, HR Director Natalie Blue, Planning Director Mary Rose, Assistant Police Chief. Adrian Mathews, Fire ChiefHagan Thornton, Parks and Recreation Director Garrett Bryant, Police Chief Anthony Davis, Public Works Director Chris Medlin, Senior Planner Lyle Moore, and City Clerk Elaine F. Hunt. Michael Hardison of The Sampson Independent was present. Sylvia Chestnutt of The Sampson Weekly was absent. Pastor Regina Monroe-Lucious, New Life Outreach Ministries, International, 708 Sampson Street, Clinton, NC 28328, gave the invocation. Mayor Starling asked her to update the group on her church and what was occurring within the church. Pastor Lucious did SO and invited all to visit at their convenience. CITY COUNCIL = APPROVAL OF THE MINUTES Upon a motion made by Mayor Pro Tem Becton, seconded by Councilmember Ruggles, the minutes of February 4, 2025, regular city council meeting, were approved unanimously. RECOGNITION - RETIREMENT - LT. ROBBIE KING Police Chief Anthony Davis recognized Lieutenant Robbie King and asked the City Council to approve a resolution to surplus Lt. King's firearm and badge, SO that it might be presented to him. Chief Davis stated that Lt. King was a loyal servant for twenty-eight (28) years. Furthermore, Chief Davis stated that he was a steadfast leader who exemplified professionalism and integrity in every way. He proceeded to say that Lt. King's leadership helped to shape the Clinton Police Department. Chief Davis concluded by saying that he was a role model and a dedicated public servant. He wished Lt. King all the best. The City Council and Mayor Starling thanked Lt. King as well for his dediçation and service. Mayor Starling stated that it was bittersweet to see him go. Lt. King thanked the City of Clinton for the many years that he was allowed to serve. Upon a motion made by Councilmember Corbett, seconded by Councilmember Strickland, the following Resolution Declaring Surplus Property to be Awarded to Retiring Lieutenant Robbie King passed unanimously: RESOLUTION Declaring Surplus Property to be Awarded to a Retiring Police Officer WHEREAS, the City of Clinton, North Carolina, City Council desires to dispose of specific surplus property of the City of Clinton and to be awarded to the retiring Police Lieutenant as of March 4, 2025. NOW, THEREFORE BE IT RESOLVED, the City of Clinton City Council declares the following police weapon and police badge of Police Lieutenant William Robert "Robbie" King as surplus and no longer have any additional use to the City of Clinton: Police Lieutenant's badge Police Lieutenant's weapon: Glock Model 45 pistol, Serial #BVAD799 NOW, THEREFORE, BE IT FURTHER RESOLVED that the City of Clinton City Council authorize the City Manager to proceed with the procedures outlined in G.S. 20- 187.2 regarding the service side arms of retiring members of city law enforcement agencies. PRESENTATION - 2023-2024 FINANCIAL AUDIT The 2023-2024 Financial Audit presentation was removed from the March 4, 2025, City Council agenda, and continued until the April 1, 2025, City Council meeting. PUBLICHEARING = OATHS No oaths were given during the public hearing session. P& Z- AT THE INTERSECTION OF DE STREET AND BEAMAN STREET = HHL GROUP. LLC Mayor Starling opened a public hearing on a rezoning request by HHJ Group, LLC, to rezone approximately 16,155 square feet at the intersection of De Street and Beaman Street from HC - Highway Commercial to R-8 Residential. Senior Planner Lyle Moore explained the request and gave the staff and Planning and Zoning Board's recommendation to approve the request upon the findings of fact and zoning consistency statement. Mr. Neil Hobbs, the applicant, was present and spoke. Senior Planner Moore stated that the proposed site is bordered on the north, east, and south by HC - Highway Commercial. The property to the west is zoned R-8 Residential. Mr. Moore mentioned that the property has been posted and all property owners within 100' have been notified by mail. He stated that there is access to water and sewer already. No one else appeared to be heard and Mayor Starling closed the public hearing. Upon a motion made by Councilmember DuBose, and seconded by Mayor Pro Tem Becton, the rezoning request by HHJ Group, LLC, to rezone approximately 16,155 square feet at the intersection of De Street and Beaman Street from HC = Highway Commercial to R-8 Residential passed unanimously. P&Z-S 919 COLLEGE STREET - LUIS GUZMAN Mayor Starling opened a public hearing on a special use request by Luis Guzman to operate a tattoo studio at 919 College Street in an HC - Highway Commercial District. Senior Planner Moore requested that this public hearing be continued until the April 1, 2025, City Council meeting. It was the consensus of the Clinton City Council to continue the special use request by Luis Guzman to operate a tattoo studio at 919 College Street in an HC - Highway Commercial District until the April 1, 2025, City Council meeting. WALK-ON ITEMS A motion was made by Councilmember Ruggles, seconded by Councilmember DuBose to add two items to the March 4, 2025, City Council agenda. The motion passed unanimously to add the following items: Consideration of a resolution in support of assisting Taylor's Bridge Fire Department with a pass-through transaction; and Consideration ofa a memo requesting that the Clinton City Council authorize the disposition as salvage of a 2019 Dodge Charger body VIN# 2C3CDXX78XH726872, RESOLUTION - IN SUPPORT OF ASSISTING TAYLOR'S BRIDGE FIRE DEPARTMENT Fire Chief Thornton explained this item. He stated that they met with staff regarding this request. He discovered that Taylor's Bridge Fire Department was unable to purchase this truck because they were not a municipality and that was a requirement. He stated that Taylor's Bridge Fire staff paid the City of Clinton for the truck and the City of Clinton would now sell the truck to Taylor's Bridge Fire Department. Councilmember Strickland made a motion, seconded by Councilmember Ruggles, and the following resolution passed unanimously: City of Clinton City Council Resolution Supporting Pass-Through Transaction for Taylor's Bridge Fire Department WHEREAS, the City of Clinton strives to function as a good member of the community; and WHEREAS, the Taylor's Bridge Fire Department located within Sampson County is in need of assistance; and WHEREAS, the City of Clinton is in a position to assist the Taylor's Bridge Fire Department. NOW, THEREFORE, BE IT RESOLVED, that the City of Clinton staff is authorized to assist the Taylor's Bridge Fire Department by acting as a pass-through agent for the purchase of a fire vehicle from the Town of Fuquay Varina. The City of Clinton will not take title to this fire vehicle but will accept a payment for said vehicle from Taylor's Bridge Fire Department and forward a payment in the same amount to the Town of Fuquay Varina. MEMORANDUM - SURPLUS PROPERTY Upon a motion made by Councilmember Strickland, seconded by Mayor Pro Tem Becton, it passed unanimously to approve the following memorandum authorizing the disposition as salvage of a 2019 Dodge Charger body VIN# 2C3CDXK78K#726872 MEMORANDUM To: Mayor Starling and City Council Through: JP Duncan, City Manager From: Rhonda Sommer, CPA, Finance Director Date: February 28, 2025 Re: Surplus The purpose oft this memo is to recommend the surplus and disposal procedure for a 2019 Dodge Charger Body VIN # 2C3CDXKT8KH726872 Background This vehicle was totaled in an accident. The City chose to purchase the vehicle back from the insurance company. Discussion As this vehicle has been used for parts to keep other City vehicles in operable condition, this body is what remains. Recommendation The Finance Department recommends the surplus of this 2019 Dodge Charger body and the disposal as salvage as this asset has served its purpose. ANNEXATION - CONTIGUOUS = MINNIE WEBB = ALONG MARTHA LANE Property owners are required to petition for voluntary annexation. Ms. Minnie Webb has requested annexation. Mr. Duncan asked the City Council to direct City Clerk Hunt to investigate the sufficiency of the petition presented by Ms. Minnie Webb. Ms. Hunt will report back to the City Council at the April 1, 2025, City Council meeting. Upon a motion made by Councilmember Ruggles, seconded by Councilmember Strickland, the following resolution directing the clerk to investigate the sufficiency of a petition for annexation received from Ms. Minnie Webb, passed unanimously: RESOLUTION DIRECTING THE CITY CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31 Voluntary Contiguous Annexation WHEREAS, a petition requesting annexation of an area described in said petition was received on approximately January 25, 2025, by the staff ofthe Clinton City Council of the City of Clinton, N. C.; and WHEREAS, G.S. 160A-31 provides that the sufficiency of the petition shall be investigated by the City Clerk before further annexation proceedings may take place; and WHEREAS, the City Council of the City of Clinton deems it advisable to proceed in response to this request for annexation. NOW, THEREFORE, BE IT RESOLVED by the City Council oft the City of Clinton that: The City Clerk is hereby directed to investigate the sufficiency ofthe above- described petition and to certify as soon as possible to the City Council the result of her investigation. RESOLUTION -NAMING INTERNAL STREET - SAMPSON COMMUNITY COLLEGE Senior Planner Lyle Moore explained this item. He stated that representatives from Sampson Community College contacted the city to adopt this name implementation. He stated that this internal name would help with 911 calls and assist with safety, protection, and clarity. Mr. Moore informed the group that the City will not be required to maintain this street. Upon a motion made by Councilmember Strickland, seconded by Councilmember DuBose, the following resolution, along with the map, passed unanimously: RESOLUTION OF THE CITY OF CLINTON CITY COUNCIL WHEREAS, Sec. 2-102 of the Clinton City Code authorizes the City of Clinton City Council to, among other things, name streets not already named, approve and reject street names which are proposed by owners of additions or developments, and change the names of existing streets; and WHEREAS, Sampson Community College (the "College") is the owner of certain real property upon which an internal street has been built, as depicted on the attached map; and WHEREAS, the College wishes to name the internal street and has proposed the name "Campus Drive"; and WHEREAS, the City's Planning Department staff have conferred with Sampson County Emergency Services Department officials and have confirmed that the name "Campus Drive" is not duplicative or otherwise unacceptable to the County's Road Naming and Addressing Committee; and WHEREAS, the City Council finds that naming said street "Campus Drive" will promote the health, safety, and welfare of the citizens oft the City of Clinton. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The City of Clinton City Council hereby approves of naming the street depicted on the attached map "Campus Drive," consistent with the College's request. 2. The City of Clinton is not responsible for the maintenance of said street, and this Resolution shall not be interpreted as an agreement by the City of Clinton to assume responsibility for the maintenance thereof. 3. This Resolution is effective immediately upon its adoption. Sampson Community College "Campus Drive" a Vista - Sunser Sunse e It was noted that the City of Clinton's Traffic Map will need to be revised. RESOLUTION -AUTHORIZING CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR THE PHASE IV DOWNTOWN DEVELOPMENT PROIECT Planning Director Rose explained this item. She stated that they executed the proper advertisement. She noted that one proposal was received. Mrs. Rose stated that they are required to resubmit RFQ. She mentioned that if no more than one proposal is received the second time, the City Manager will have authority to negotiate and execute the contract for engineering services for the Phase IV Downtown Development Project. Planning Director Rose informed the group that one proposal was received from The Wooten Company. Upon a motion made by Councilmember DuBose, seconded by Councilmember Ruggles, the following resolution passed unanimously: RESOLUTION OF THE CLINTON CITY COUNCIL REGARDING THE DOWNTOWN DEVELOPMENT PROJECT FOR ENGINEERING SERVICES FOR PHASE IV. AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT WHEREAS, The City of Clinton's staff issued a request for qualifications (RFQ) to interested and qualified consultants for the engineering services for the Phase IV Downtown Development Project; and WHEREAS, the deadline date for RFQ submissions is Friday, February 28, 2024, and upon that time, a recommended engineering firm will be identified and considered; and WHEREAS, The Clinton City Council wishes to authorize the City Manager to negotiate and execute a contract with the most qualified RFQ respondent at a fair and reasonable price, and if a contract cannot be negotiated with the best-qualified firm, to terminate negotiations with that firm and initiate negotiations with the next best-qualified firm for engineering services. NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized to negotiate and, with the concurrence oft the City Attorney, execute a contract at a fair and reasonable price with the best-qualified firm, and if an agreement cannot be negotiated with the best-qualified firm for engineering services, to terminate negotiations with that firm and initiate negotiations with the next best-qualified firm. BUDGET -ORDINANCE AMENDMENT Finance Director Rhonda Sommer appeared before the City Council to explain the budget amendment. Upon a motion made by Councilmember Strickland, seconded by Mayor Pro Tem Becton, it passed unanimously to adopt the following budget ordinance amendment(s): BUDGET ORDINANCE AMENDMENT #2025.3. 01 BE IT ORDAINED by the City Council of the City of Clinton, NC, that the following amendment be made to the Annual Budget Ordinance for the fiscal year ending June 30, 2025; amended on August 6, 2024; September 10, 2024; October 1, 2024; November 12, 2024; and February 4, 2025; is hereby amended as follows: Section 1. To amend the General Fund, the expenditures are to be changed as follows: Account # Account Title Increase Decrease Total 10-3021-0000 City School Police Officers $41,727 $0 $372,927 TOTAL EXPENDITURES $41,727 Section 2. To amend the General Fund, the revenues are to be changed as follows: Account # Account Title Increase Decrease Total 10-5100-0203 School Police Officer 29,512 $0 $254,512 10-5100-0500 FICA 2,258 $0 159,858 10-5100-0600 Group Insurance 4,044 $0 164,744 10-5100-0700 Retirement 4,438 $0 303,138 10-5100-0701 401 (k) 1,475 $0 91,775 TOTAL REVENUES $41,727 Section 3. Copies of this budget amendment shall be furnished to the City Clerk, City Manager and Finance Director for their direction. AMENDMENT = CITY OF CLINTON'S POLICIES = ADMINISTRATIVE -WORKERS COMPENSATION. LEAVE BENEFITS, AND LIGHT DUTY City Manager Duncan explained this proposed amendment. He stated that those who handles various responsibilities were being revised. Upon a motion made by Councilmember Strickland, seconded by Mayor Pro Tem Becton, the attached amendment to the Policies Binder - Administrative = Workers' Compensation, Leave Benefits, and Light Duty, (SEE ATTACHMENT #1), was unanimously adopted. REPORTS The monthly combined staff report was acknowledged. City Manager Duncan mentioned the Finance Report and Finance Director Sommer explained it to them. She stated that, the City is on target. She explained to the group that a budget is a guide. She said that her report shows the calculated percentage of what remains and not what has been spent. Councilmember Strickland asked questions for clarification ofwhat was presented. He asked to see her to discuss the budget. Councilmember Corbett asked Mrs. Sommer's greatest concern. She replied, "Working on the budget for next year, and monitoring the current budget. Mayor Starling noted that the budget is always balanced. STAFF REPORTS There were no staff reports. CITY MANAGER REPORTS City Manager Duncan had no reports. PUBLIC COMMENTS Mrs. Patty P. Cherry thanked the City Council for all that they do for the citizens of Clinton, NC, and Sampson County. OTHER BUSINESS There was no other business to discuss. ADIOURNMENT There was no further discussion. A motion was made by Mayor Pro Tem Becton, seconded by Councilmember Ruggles, to adjourn this meeting. The motion passed unanimously. The meeting adjourned at approximately 7:48 PM. - - - Aouhe Elaine F. Hunt, City Clerk, MMC, NCCMC Lew Starling, Jr., Mayor ATTACHMENT: #1 ADMINISTRATIVE POLICY City of Clinton Workers' Compensation; Leave Benefits and Light Duty 1.0 PURPOSE The purpose of this policy is to explain the rights and benefits available to all City of Clinton employees who sustain weielasdotichted injuries or illness illnesses during the course of their employment. We comply with the North Carolina Workers Compensation Act (Chapter 97 ofthe General Statutes) and promote Fetume-werl rmiesmiprogams to assist the employee in as successful recovery. It is the City's policy to ensure that employees receive all rights and benefits under the law when eligibility requirements are met but the policy will also support measures to monitor for and to stop workers compensation fraud or abuse. 2.0 POLCY 2.1 It shall be the policy ofthe City of Clinton to administer a Workers Compensation Program that provides medical and wage benefits as required by the North Carolina Workers' Compensation Act for employees who are aceidently accidentally injured or become ill as ai result of, and in the course of their employment with the City. The determination of the compensability ofa a-warleeelated work-related injury or illness is the responsibility oft the immediate supervisor/department head. Upon this determination of an injury or illness, the appropriate documents are reviewed by the Gity-Gler Human Resources Director. 2.2 Iti is the responsibility ofthe employee to report their injury or illness to their supervisor immediately. Itis also the responsibility oft the employee to seek medical treatment at the City's Medical Provider forwsniauria injuries/illnesses and to follow treatment directions as prescribed by the City's Medical Provider. No compensation shall be payable unless such written notice is given within thirty (30) days after the occurrence of the accident or death, unless reasonable excuse is made to the satisfaction of the Industrial Commission for not giving such notice and the Commission is satisfied that the employer has not been prejudiced thereby. 2.3 The City has established guidelines for utilizing the. benefits under Workers' Compensation which include a managed care network ofauthorized physicians and specialists as well as approved pharmacies where Workers' Compensation prescriptions may be filled. Failure to utilize the established Workers' Compensation network will result in non-payment of expenses relating to the Workers" Compensation injury by the Workers' Compensation administrator. 1 Special situations: 2.3.1 For.-werk-related work-related injury/illness emergencies that require immediate transport to the hospital, as soon as possible following release from the hospital, the employee must go to the City's Medical provider to schedule follow- up care with an authorized physician or specialist. 2.3.2 If an employee is out ofthe Clinton area on City business and sustains an injury during the course oft the out-of-town City business the employee must seek medical attention at the nearest emergency room or urgent care clinic. The employee must instruct the clinic or emergency room that the injury will be reported as a work related injury and to contact the City of Clinton CityClerk's Human Resources Director's office the next business day to facilitate proper payment. 2.3.3 As soon as the employee returns to the City, he/she must report to the City's Medical Provider to report the injury and treatment rendered while out-of- town on business. 2.3.3.1 Ifit is decided that the injury is not-werlrelateds work-related, the employee must make payment arrangements with their personal hospitalization insurance. 2.4 Itis the responsibility ofthe immediate supervisor or their delegate to complete accident investigation report forms and the Industrial Commission Form ICI9 to properly record any reported work-related work-related: laccident/injury by an employee. Accident investigations must include root cause analysis. These forms must be completed within five (5) working days. The supervisor must ensure that these forms are completed correctly and the information is accurate. 3.0 COMPENSATION AND BENEFITS WHILE ON WORKERS' COMPENSATION LEAVE If the injury results in time away from work, the employee is entitled to lost wage compensation and will be plaçed on Workers' Compensation leave. The Workers' Compensation weekly benefit is payable after the required waiting period required by G.S. 97-18. 3.1 Compensation One of the waiting period options listed below must be chosen. Once an election is made, it may not be rescinded for the duration of the claim. 3.1.1 Elect to take sick, vacation, compensatory leave, or banked holiday leave during the required waiting period (seven days) and then begin drawing Workers' Compensation weekly benefits equal to 2/3 oft their weekly wage, tax-free, subject 2 to the maximum per week set forth by law G.S. 97-28. All hours shall be coded using the Workers' Compensation specific accrual type code in the time and attendance system. For example: WC sick, WC vacation, WC holiday bank leave, WC compensatory leave. 3.1.2 Elect to receive no pay for the required waiting period (seven days) and then begin drawing Workers' Compensation weekly benefits equal to 2/3 of their average weekly wage, tax free, subject to the maximum per week set forth by law G.S. 97-28. All hours shall be coded using Workers' Compensation Hours in the time and attendance system. Ifthe injury results in disability of more than a specified number of days as indicated in G.S. 97- 28, currently 21 (twenty-one) calendar days, the Workers' Compensation weekly benefit shall be allowed from the date of disability. If this occurs in the case of an employee who elected to use accrued leave during the waiting period, no adjustment shall be made in the leave used for these workdays. 3.2 FMLA Workers' Compensation leave shall run concurrently with Family Medical Leave. 3.3 COBRA Eligible Benefits The employee may continue their COBRA eligible benefits for a period of twelve (12) weeks as mandated by the Family Medical Leave Act. 3.3.1 Medical-Dental-and Vision = Employees may continue these coverages at the rate paid by active employees. 3.3.2 Flexible Spending Accounts & Dental = Employees who wish to continue to contribute to their Flexible Spending Account will need to make arrangements for direct payments to the provider of this service. Employees not eligible for Family Medical Leave may continue their COBRA eligible benefits at the rate paid by active employees for a period of ninety (90) days. Payment of premiums will be administered by the City's COBRA provider. 3.4 Non-COBRA Eligible Benefits and Elected Deductions The employee shall be responsible for his/her continued payments, with applicable benefit carriers, for other contributory benefit programs in which they have elected to participate. Depending on the benefit provider; direct billing arrangements can be established or coverage can besuspended during the workers' compensation leave. A waiver of premium may be applicable as well. 3.5 Sick and Vacation Accruals Vacation and sick accruals will cease when an employee is no longer paid through the City's payroll system or in an unpaid status. 3 3.6 Holidays Employees will not receive holiday pay nor be allowed to bank any holidays while on Workers' Compensation Leave. 3.7 Pension Programs Employees do not earn service credit during the period of Workers' Compensation Leave. Upon returning to work following an absence due to an approved Workers' Compensation claim, the employee may purchase credit for the period oft time they received Workers' Compensation benefits. Please contact the Local Government Retirement System and refer to the applicable retirement benefit handbook. For retirement benefits go to www.nereasurer.com for contact and plan information. 4.0 RETURNING TO WORK The City will hold a position for the employee to return to for up to 26 (twenty-six) weeks (180 calendar days) for a regular benefits-eligible employee who is absent from the workplace because of a work-related injury or illness. Positions are not held for probationary or temporary employees. The only exception to this will be made for those who are eligible for injury leave; those positions will be held open for 365 days. Supervisors may apply a variety of strategies such as the hiring of temporary replacements or temporary employees and temporary reassignment of duties to other staff members to insure ensure that the department can continue to operate effectively while the employee is absent. On a case-by-case basis, employees who have a prolonged absence due to work-related injury may be replaced if: 4.1 Medical prognosis, by an authorizing healthcare provider, documents that the employee's condition will not improve sufficiently within the 26-week period to allow the person to return to work and be able to assume the essential duties ofthe position, or 4.2 It can be clearly demonstrated that the continuing absence seriously interferes with the effective operation of the workplace. 5.0 RETORN TO WORK PROGRAM - LIGHT DUTY -Sy-ia-GWMaiaePetew pregramMeassisiempleyeséwing mgaN.awyl-ws The City andi its Medical Provider support al light-duty program to assist emplovees in recovering from work-related iniuries or illnesses. 5.1 When an employee reports to the City's Medical Provider for treatment of a compensable work related injury/illness, they will be evaluated to determine ift the employee can perform some limited light duty. The restrictions will be given in writing to the employee and a copy to the Cisy-Clerk's Human Resources Director'soffice. A checklist and job description will be provided to the medical provider to complete and 4 return to the City. The employee, in conjunction with their supervisor and the Safety division will review available work that will accommodate the restrictions. Neither the employee nor the supervisor can allow work that would violate the restrictions. Every effort will be made to find appropriate work for which the employee is qualified thatisapprepriste and meets the restrictions given in writing. However, no guarantee will be given. 5.2 Ifan employee elects to-net not to work light duty, workers' compensation wage benefits will cease and the employee will be required to charge their absence to accrued leave balances. 5.3 Employees on light duty are expected to report to work within the restrictions. If the injury worsens and/or the employee calls in and reports a complication oftheinjury, the supervisor will immediately instruct the employee to report to the City's Medical Provider who will reassess the injury, treatment and restrictions. Ifthe employee fails to report to the Medical Provider, his/her absence will be charged the employee's paid leave. Failure to report to the Medical Provider and subsequent failure to report to work will be addressed by the City's disciplinary procedures which could include dismissal. 5.4 Ifthe employee has been determined to have reached maximum medical improvement (MMI), the-ampleyee-alle-memaalyealamay-the-Cigpmadieal --A-a fumetionseflheijehwhe City's medical provider will evaluate the emplovee and derermine the emplovee's abilitv to perform the essential functions oft their job. 5.4.1 Ifthe employee cannot perform the essential duties of theirj job due to an injury/illness, the City will assist the employee in obtaining: 5.4.1.1 Reasonable accommodation that would allow the employee to continue in the pre-injury position. 5.4.1.2 Another job within the City that would be conductive to the disability. Tehis includes the reviewing efthe employee's current or any open position that could be modified in accordance with the requirements of the Americans with Disability Act. 5.4.1.3 Long-term or Retirement Disability. 5.5 Pay for employees while on light duty Pay during light duty assignments will be equal to the employee's regular rate of pay based on the number of hours worked. In no,case will an employee be returned in 5 less than a 50% (fifty percent) capacity in terms of hours to be worked or duties able to perform. 5.5.1 Employees scheduled to work shifts of more than 40 (forty) hours per week, e.g. sworn Police and Fire personnel, who are assigned to a 40 (forty) hour light duty work schedule, will have their rate of pay adjusted to be that which is equal to the same annual salary but divided by 2080 (two thousand eighty) hours. 5.5.2 Non-exempt employees normally scheduled for 2080 (two thousand eighty) or fewer hours per year will be paid for all hours worked at their regular rate or at the overtime rate as applicable. 5.5.3 Exempt employees working light duty will suffer no loss in wages in accordance with the Fair Labor Standards Act. 5.5.4 All hours worked under Light Duty Status shall be coded as Light Duty in the time and attendance system. 6.0 REINSTATEMENT SALARY Upon reinstatement, an employee' S salary shall be computed based on the last salary plus any legislative increase to which entitled. Any performance increase which would have been given had the employee been at work shall also be included in the reinstatement salary. 7.0 NO LEAVE REQUIRED FOR FOLLOW-UP VISITS Employees injured on the job that who have returned to work but continue to require medical or therapy visits to reach MMI, shall not be charged leave for time lost from work for required medical or therapy treatment. Time required for travel to and from the appointment and the time spent in the appointment will be charged to Medical Workers' Compensation leave. Whenever possible, appointments shall be made at the beginning or before a shift or at the end of a shift se as-to cause the lease least disruption in the workplace. Paid time shall be limited to time for treatment and travel; any excess time will be charged as sick/vacation leave or leave without pay. 8.0 North Carolina Workers' Compensation laws prohibit employees from working and/or receiving additional wages from another employer while receiving workers' compensation wages. In addition, the same law prohibits employees from providing fraudulent information to gain a Workers' Compensation benefit. The City reserves the right to monitor for such fraudulent behavior. 9.0 It will be the responsibility of the Safety Division to administer the Workers' Compensation program and to review all Workers' Compensation documents and payments for claims. All original Workers' Compensation documents will be secured and kept on file in the CiyClerk's Human Resources Director'so office. Requests by employees and or their legal 6 representatives for copies of Workers' Compensation files must be approved and released by the Gity-ClekHuman Resources Director. 10.0 The-City-Clerk Human Resources Director is responsible for assisting the City Attorney or his/her designee inthe preparation of cases scheduled for hearings before the Commission. The Ciey-Clerle Human Resources Director will also schedule claim review meetings with the Workers' Compensation Third Party Administrator, the City Medical Provider, the City Attorney (or designee), Divisional leaders or other City personnel or insurance representatives to ensure proficient management of the Workers' Compensation process. 11.0 RELATED POLICIES AND PROCEDURES Loss Prevention Manual Procedures: No. 1 (Accident Response) No. 2 (Procedure for Claims Reporting) No.3 (Accident Review). ADA Time and Attendance Tracking Sick Leave Vacation Leave Holiday Leave FMLA Leave without pay EMPLOYEE'S ACKNOWLEDGEMENT The return-to-work policy and procedures have been explained to me. Ihave read and fully understand all procedures and responsibilities. I agree to observe and follow these procedures. I have received a copy of this policy and procedure. I understand failure to follow these procedures may affect my re-employment, reinstatement, and vocational assistance rights. Clinton 2015 2024 Employee's Signature Date Human Resources Director Signature Date 7 Essential Functions for the Position of (INSERT JOB DESCRIPTION TITLE) For The City of Clinton Cognitive Abillities and Skills The individual in the abovementioned position must be able to perform the followingjob responsibilities: PHYSICIAN TO CHECK CAN CANNOT JOB FUNCTION Work is performed in accordance with established policies and procedures. Understanding instructions on new and different assignments. Using a variety of small appliances. Understanding instructions on chemical uses. Maintain an awareness of personnel, property and operations of the department for safety precautions. Communicate effectively orally and in writing Exercise sound judgment and react effectively in emergency situations Checklist for essential job responsibilities associated with the abovementioned job position. Physical Abilities and Skills The individual in the abovementioned position must be able to perform the followingjob responsibilities: 8 PHYSICIAN TO CHECK CAN CANNOT JOB FUNCTION Climbing: Ascending or descending stairs using feet and legs and/or hands and arms. Balancing: Maintaining body equilibrium to prevent falling when walking, standing or crouching. Stooping: Bending body downward and forward by bending spine at the waist. This factor is important ifit occurs to a considerable degree and requires full use ofthe lower extremities and back muscles. Kneeling: Bending legs at knee to come to a rest on knee or knees Crouching: Bending the body downward and forward by bending leg and spine Reaching: Extending hand(s) and arm(s) in any direction Walking: Moving about on foot to accomplish tasks, particularly for long distances or moving from one work site to another Standing: Particularly for sustained periods of time Pushing: Using upper extremities to press against something with steady force in order to thrust forward. downward or outward Lifting: Raising objects from a lower to a higher position or moving objects horizontally from position-to-position. This factor is important if it occurs to a considerable degree and requires the substantial use oft the upper extremities and back muscles Fingering: Picking, pinching, typing or otherwise working, primarily with fingers rather than with the whole hand or arm as in handling Feeling: Perceiving attributes of objects, such as size, shape, temperature or texture by touching with skin, particularly with fingertips Grasping: Applying pressure to an object with the fingers and palm Talking: Expressing or exchanging ideas by means oft the spoken word. Those activities in which they must convey detailed or important spoken instructions to other workers accurately loudly or quickly. Hearing: Perceiving the nature of sounds at normal spoken work levels with or without correction. Repetitive motions: Substantial movements (motions) oft the wrists, hands and/or fingers This position requires Medium Work exerting up to 50 pounds of force occasionally, and/or up to 20 pounds of force frequently; and/or a1 negligible amount of force constantly to move objects. The worker is required to have close visual acuity to recognize areas requiring cleaning and to determine accuracy, neatness, and thoroughness oft the work performed. The worker is required to wear a respirator when using cleaning chemicals. 9 I have reviewed the above job description for the abovementioned position. Based on my examination treatment ofthe aforementioned employee, it is my professional medical opinion that he/she can cannot perform the above referenced job and that he/she is is not released to return to work with without restrictions. If restrictions are required, please set forth any restrictions in detail below, and the approximate length of time those restrictions will be required. Physician Signature Typed/printed name of Physician Date ADOPTED THIS THE 4TH DAY OF MARCH 2025 Kuther D. Starling, Jr., Mayor ATTEST: Blae . at Elaine E. Hunt, City Clerk, MMC, NCCMC 4 SEAL CARO 10 ATEL -