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CLERK CONTRACT # 1

  • Catherine M Macera
  • May 26, 2019
  • 6 min read

Updated: May 27, 2019

AGREEMENT BETWEEN THE VILLAGE OF ILION

and

NICOLE CARBONE

2018-2020

This Employment Agreement ("Agreeinent") is made by and between the Village of Ilion, a New York Inunicipality, ("Village") and Nicole Carbone, (Nicole). Both parties agree to accept the conditions of employment described herein.

Nicole is currently employed by the Village as an Account Clerk and desires to retain that position.

SECTION 1.


The Village wishes to continue to employ Nicole as Account Clerk and she shall serve in this capacity at the sole discretion and pleasure of the Village, pursuant to New York State Civil Service Law, and shall perförm any other duties the Village Board deems necessary.

Nicole shall perförm her role as Account Clerk with the duties included but not limited to the following: Accounts Payable Clerk, Assistant to the Human Resources Officer, Assistant to the Payroll Clerk and other duties as deelnecl necessary by the Treasurer and / or the Village Board.


SECTION 2. DISCIPLINE AND DISCHARGE

As an Account Clerk, Nicole is subject to discipline and discharge procedures pursuant to Section 75 of NYS Civil Service Law.


SECTION 3. SICK LEAVE


Per agreement with the Village, Nicole will be eligible for Sick Leave as follows:

After three (3) months of employment, an employee will begin to accumulate one and onehalf days of sick leave per month. Sick leave may be accumulated to a maximum of 175 days.

B. Employees who have maxed out their sick leave will be able to cash in unused sick days to a maximum of ten (10) days per calendar year. Payment will be made the first pay period of the following June at the current rate of pay in effect. No days donated to the sick bank will be eligible for this payout.

c. Sick time shall be used for all necessary medical and dental appointments, including those necessitated by compensable injuries as defined under the Worker's Compensation Law of the State of New York, if said employee is on active status at the time of such necessary medical or dental appointments.

D. An ill employee shall notify office personnel prior to the beginning of his/ her workday.

E. In the event there is a question of illness or injury arising under the terms of this Agreement, the Employer may require a doctor's certificate and/or request the employee to be examined by the Employer's doctor. For a prolonged illness or injury, an employee must furnish a doctor's certificate every thirty (30) days if requested by Employer. The Employer may make an independent investigation to establish that an employee is too ill to perform the duties of his employment. All costs relative to this investigation shall be borne by the Employer.

F. An employee who is absent for a period of three (3) consecutive days or more is required to furnish the Village Board with a doctor's certificate for proof of illness. After any five (5) non-consecutive days in a calendar month, an employee who is absent because of illness will also be required to furnish the Village Board with a doctor's certificate. The Village reserves the right to have the employee examined, at its expense, by a doctor of its choice at any time after illness is reported.

G. Regardless of other provisions to the contrary, an employee who is absent during the course of a contract year more than three separate periods of more than five (5) days each may be required to submit a doctor's certificate, at the Employer's discretion, for any absence charged to sick leave beyond the above-mentioned periods. Abuse of sick leave privileges will be grounds for disciplinary action.

H. Upon retirement or death, an employee or his/her estate or beneficiary shall be paid for accumulated unused sick leave at the employee's daily rate of pay up to 175 days maximum.

A request for full payout of unused sick leave must be made prior to April 1 of the year of retirement. Employees also have the option to receive the payout amount in up to twelve (12) monthly payments instead of a lump sum. These provisions will be waived in case of verifiable family or medical emergency. If a request for payout of unused sick leave is made after April l , the Village, at its sole discretion, may make equal payments for a maximum of twelve (12) months starting on June I of the new budget year.


SECTION 4. PERSONAL LEAVE


Per agreement with the Village, Nicole will be eligible for Personal Leave as follows:

📷A full-time employee shall be entitled to five (5) personal leave days, non-cumulative, per calendar year. Personal leave days will be granted after the twenty-six (26) week probationary period is completed and pro-rated for the remainder of the first year of employment to January I immediately following the date of hire.

B. Personal leave days may not be used for vacation, recreation or purposes associated with a second occupation.


SECTION 5. BEREAVEMENT LEAVE


Per agreement with the Village, Nicole will be eligible for Bereavement Leave as follows:

Employees shall be entitled to four (4) bereavement days upon each instance of death of an immediate family member. Immediate family includes the employee's spouse, children, stepchildren, mother, father, stepmother, stepfather, sister, brother, grandparents, grandchildren, mother-in-law, father-in-law and his/her spouse's brother or sister.


SECTION 6: MATERNITY LEAVE


Pregnant employees will enjoy all the legal rights guaranteed to them by the Family Medical Leave Act.


SECTION 7. HOLIDAYS


Nicole shall receive the following thirteen (13) paid holidays:

New Year's Day, Martin Luther King Day, President's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Thanksgiving Friday, Christmas Eve Day, and Christnms Day.

If a holiday falls on a Saturday, the preceding Friday shall be considered as the holiday; if the holiday falls on a Sunday, the following Monday shall be considered as the holiday.

B. An employee is not entitled to be paid for a holiday if a leave of absence without pay is taken the day before or the day after the holiday. However, if written application for a leave without pay is made at least forty-eight (48) hours before the holiday and is approved by the Mayor, payment for the holiday will be made.

c. If an employee has no accrued leave time and is ill the day before or after a holiday, then upon presentation of a doctor's certificate, the employee will be entitled to the holiday pay.


SECTION 8 VACATION


Per agreement with the Village, Nicole will continue to be eligible for Vacation time as follows:

Employees vacation time per year will be granted as follows:

After I year employment


One (l) week

After 2 years employment


Two (2) weeks

After 5 years employment


Three (3) weeks

After 10 years employment


Four (4) weeks

After 20 years employment


Five (5) weeks

B. For the purpose of computing vacation time earned, the anniversary date of employment will be used for the first year. Thereafter, January I will be the date used.

c. All employees will be able to cash-in vacation time, but the Village may limit this cash-in to a maximum of five (5) days. Requests to cash-in vacation time must be made prior to April 1 of the current year and, once requested, may not be withdrawn. Payouts will be made in the second paycheck in December.

D. The time when vacation may be taken by an employee shall be subject to the prior approval of the Village. No vacation period shall be for more than three (3) weeks at any one time unless approved in writing by the Village.

E. Vacation-time preferences shall be determined by seniority.

F. The Village reserves the right to determine the number of employees who may be on vacation at any time.

G. No accumulation of unused vacation time shall be carried over.

Upon retirement or death, an employee or his/her estate or beneficiary will be compensated for any unused vacation time. This payment shall be made as soon as possible, based upon the Village's ability to pay.


SECTION 9: JURY DUTY


Should Nicole be called to serve för jury duty, as certified by the Court Clerk, she shall receive her norinal pay but shall reniit any compensation received, from the Courts, to the Treasurer immediately upon receipt.


SECTION 10: CERTIFICATION AND EDUCTION BENEFITS


Employees covered under this Agreement who successfully obtain any new, not renewal, certifications directly related to the Department's operations shall receive a one-time educational bonus equal to actual cost, not to exceed $150. Chlorine and Pesticide Inspection Certifications are excluded.

In addition, employees who attend an accredited college and successfully complete a minimum three (3)-credit course related to their work duties, at the review and discretion of the Village Board, will be afforded a $100 bonus.


SECTION 11. HEALTH INSURANCE


Per agreement with the Village, Nicole will be eligible for Health Insurance Benefits as follows:

Nicole will have Health Coverage as provided by the New York State Teamsters Council Health and Hospital Fund per the scheduled conditions and rates of contribution on the current Fund Participation Agreement. The coverage will be through the Select Plan.

Nicole's contribution toward her monthly Health Insurance costs via payroll deduction will be:

Calendar Year 2018 - 12% Calendar Year 2019 — 13% Calendar Year 2020 -


SECTION 12. SALARY:


Effective January l, 201 8, the Nicole's base salary shall be:

Effective January l, 2019 the base salary will increase by 2% to Effective January l, 2020 the base salary will increase by 2% to


$36,732.80

$37,467.46

$38,216.81


SECTION 13. HOURS OF WORK AND RECORD KEEPING

Unless otherwise scheduled by the Village, shall schedule her hours of work to optimize Village services.

NICOLE shall record all her days worked, vacation days, personal days, sick days and compensatory time. This shall be presented to the Treasurer monthly.

As a salaried emnployee, NICOLE shall work a minimum of 2,080 hours per year minus any benefit time she is due during the calendar year.

IN WITNESS WHEREOF, the Village Board has caused this instrument to be executed by its cluly authorized officers and its corporate seal affixed along with Nicole Carbone's signature on this

Day of February 2018

THIS AGREEMENT COMMENCES ON JANUARY 1, 2018 AND EXPIRES DECEMBER 31, 2020.




Nicole Carbone, Account Clerk



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