Chapter 149: Employment Provisions

(Editor’s note: Because of the frequency of change, compensation of Village officials and employees is not codified herein. Interested parties are advised to contact the Director of Finance for copies of relevant legislation.)

Cross references

  • Conflict of interest - see CHTR. Art. XII, Sec. 6
  • Deductions for municipal income tax - see Ohio R.C. 9.42
  • Public employees retirement system - see Ohio R.C. Chapter 145
  • Expenses for attendance at conference or convention - see Ohio R.C. 733.79
  • Strikes by public employees - see Ohio R.C. Chapter 4117
  • Workmen’s compensation - see Ohio Const., Art. II, Sec. 35; Ohio R.C. Chapter 4123

149.01   Within-range pay adjustments

Salary adjustments within an established range shall not be automatic, but shall be dependent upon formal recommendation of the Director and discretion of the Mayor. Any employee whose job performance is satisfactory may be advanced within the series of steps in his or her assigned pay range as follows:

  1. (a) From Step A through advancement of Step E, employees in all ranges may be advanced to the next higher step after one year of satisfactory service at each step. The decision to award or withhold a step increase shall be based on performance. The employee shall be informed of the reasons for withholding a step increase and the improvement in performance required to obtain a satisfactory rating.

  2. (b) Where an employee has received a performance evaluation indicating outstanding performance, a merit step advance over and above the step for satisfactory service may be given for such outstanding performance. A merit step advance which has been granted for outstanding performance over and above the step advance for satisfactory service shall be effective for a twelve-month period, and such employee’s pay shall be treated in accordance with such employee’s performance evaluation done at the end of such twelve-month period.

  3. (c) General increases or decreases resulting from the adjustment of the basic compensation schedules shall not prevent within-range pay increases in accordance with this section.
    (Ord. 1986-65. Passed 12-22-86.)

149.02   Clothing allowance for police and fire employees

  1. (a) Every regular member of the Police Department and every part-time member of the Police Department who works on a regularly scheduled basis shall wear such uniforms or clothing as directed and approved by the Chief of Police.
    (Ord. 2024-43. Passed 8-12-24.)

  2. (b) The Fire Chief and Fire Prevention Officer shall be issued an initial uniform upon hire and shall then receive a clothing and uniform maintenance allowance each calendar year thereafter.
    (Ord. 2024-43. Passed 8-12-24.)

  3. (c) Police and Fire Department maintenance and clothing allowances shall, beginning January 1, 2024, be as follows:

    Position Maintenance Allowance Per Year Clothing Allowance Per Calendar Year
    Full time police member
    Employed with the Village for more than 1 year    		 $100.00 $1,200.00
    New police hires
    (during first year of service)    		 Pursuant to subsection (e) below. Pursuant to subsection (e) below.
    Part time police members
    (working at least 24 hours per week regularly)    		 $100.00 $800.00
    Part time police members
    (working less than 24 hours per week regularly after having served a minimum of 144 hours in the preceding 12 months, or if they have been working less than a year, at least a minimum of 12 hours per month for each month in which they have been employed less than a year)    		 $40.00 $500.00
    Part time Police Clerk $40.00 $300.00
    Full time Police Clerk/Administrative Assistant $70.00 $600.00
    Fire Chief $100.00 $800.00
    Fire Prevention Officer $100.00 $1,200.00

    (Ord. 2024-43. Passed 8-12-24.)

  4. (d) New hires who separate from the service of the Police Department for any reason, except termination, within their first year, shall reimburse the Village for the cost of the initial uniform furnished to them.
    (Ord. 2024-43. Passed 8-12-24.)

  5. (e) A list of uniform apparel and other gear required for one police officer shall be approved by the Mayor and kept in the office of the Police Department. The Village shall issue an initial uniform, complete with all of the apparel and other gear required and included on the list approved by the Mayor, to each new police hire.
    (Ord. 2024-43. Passed 8-12-24.)

  6. (f) An employee shall receive only one maintenance allowance per year.
    (Ord. 2024-43. Passed 8-12-24.)

149.03   Police overtime and call-in pay

  1. (a) Ever regular full-time or part-time member of the Police Department, except the Chief of Police, shall be entitled to receive additional compensation for all time in excess of one hundred sixty (160) hours in any twenty eight (28) day period, when authorized by the Chief, at time and one- half based on an hourly rate calculated by dividing the regular annual salary (excluding longevity) by 2,080 hours and rounding to the nearest cent. Paid holiday, vacation, and sick leave hours shall count as time worked.

  2. (b) Any full-time Police Department employee, except the Chief of Police, who is called in to work other than during the employee’s regular schedule of hours shall be compensated at the applicable premium rate, but not less than the equivalent of four hours pay at the employee’s straight time rate. This does not apply when an employee continues to work after the employee’s normal shift schedule ends or is instructed to report prior to the employee’s regularly scheduled starting time. This premiums payment shall be limited to one occurrence in an employee’s work day.
    (Ord. 2007-70. Passed 11-26-07; Ord. 2018-60. Passed 8-27-18.)

149.04   Scheduled overtime

Whenever an employee is scheduled to work overtime more than seventy-two hours in advance, such scheduled overtime shall not constitute nor qualify for “call-in pay” insofar as there will be no required minimum number of hours of such scheduled overtime. This section shall serve as a modification to all other sections in this chapter with reference to minimum number of hours for overtime or call-in time. Payment for scheduled overtime will be calculated at the overtime rate multiplied by the actual number of hours worked to the nearest quarter of an hour. Employees shall be notified of scheduled overtime no less than seventy-two hours prior to the beginning of the scheduled overtime service.
(Ord. 1986-65. Passed 12-22-86.)

149.05   Police professional liability insurance

In addition to the compensation hereinbefore provided for regular and part-time members of the Police Department, additional compensation shall be provided by the purchase by the Village of a police professional liability insurance policy in amounts of not less than one hundred thousand dollars/three hundred thousand dollars($100,000/$300,000) with five hundred thousand dollars ($500,000) aggregate for any one occurrence, covering all Police Department personnel.
(Ord. 1986-65. Passed 12-22-86.)

149.06   Overtime

  1. (a) Full-Time Employees.

    1. (1) Finance Department and Public Service Department. Every regular full- time employee in the Finance Department and every regular full-time employee in the Public Service Department shall be entitled to receive additional compensation at the rate of time-and-one-half for hours worked either:

      1. (A) In excess if eight hours in any single work day; or

      2. (B) In excess of forty hours in any given work week; or

      3. (C) On the employee’s Saturday; or

      4. (D) In excess of eight hours in any continuous twenty-four hours beginning at the starting time of the employee’s shift.

      An employee who works on the employee’s regularly scheduled day off shall receive time- and-one-half for hours worked, and the minimum payment under this provision shall be not less than four hours of pay at the employee’s straight time rate. A Service Department employee who works on the employee’s holiday as authorized by the department head shall receive double time.

    2. (2) Police Radio Dispatchers. Every police radio dispatcher shall be entitled to receive additional compensation for all time worked in excess of forty hours in any one week period at the rate of one and a half times their regular hourly rate.
      (Ord. 2011-22. Passed 4-25-11.)

  2. (b) Part-Time Employees. Part-time laborers working a full-time schedule (summer workers, for example) in the Service Department, when required to work overtime at the request of the department head, shall be entitled to time-and- one-half for such overtime:

    1. (1) In excess of eight hours in any single work day; or

    2. (2) In excess of forty hours in any given work week;

    3. (3) In excess of eight hours in any continuous twenty-four hours beginning at the starting time of the employee’s shift.
      (Ord. 1996-40. Passed 7-8-96.)

  3. (c) Exceptions. The application of this provision excludes the Chief Administrative Officer, Administrative Assistant, Finance Director, Superintendent of Utilities and Superintendent of Streets.
    (Ord. 1986-65. Passed 12-22-86; Ord. 1995-25. Passed 3-13-95.)

  4. (d) Work Day/Hours Worked for Overtime Calculation.

    1. (1) Work Day. A work day consists of the twenty-four consecutive hours beginning at the same time each calendar day. Changes in an employee’s starting time or work shift may be made at any time to meet the needs of the Village. Generally, however, when such changes are made for a short period of time (generally less than two days) with the expectation that the employee will return to his original starting time of his work shift, his regular starting time of his work shift should not be changed.

    2. (2) Hours Worked for Overtime Calculation. For purposes of calculating all employee overtime in this Section 149.06, paid holiday time, paid vacation time, and paid sick leave shall be counted as hours worked. Other paid and unpaid time-off shall not be counted as hours worked.
      (Ord. 2011-22. Passed 4-25-11.)

  5. (e) Call-In Pay. Regular full-time Public Service and Finance Department employees who are called in outside of their regular schedule of hours shall be paid at the applicable premium rate, but not less than the equivalent of four hours pay at their straight time rate. This does not apply when an employee continues to work after his normal work shift schedule ends or is told to report prior to his regular scheduled starting time. This premium payment shall be limited to one occurrence in an employee’s work day. This subsection shall also apply to temporary full-time laborers when authorized and approved by the department head.

  6. (f) Compensation. All overtime which is not paid with regular compensation under provisions of the salary ordinance shall not be accumulated and no employee shall be entitled to compensation in any form for such overtime upon termination of his employment with the Municipality. In no department is overtime to be duplicated or pyramided. No credit will be allowed or premium payment made for overtime labor unless it is rendered pursuant to prior order or approval by the department head or other supervisory employee customarily authorized to grant such approval.
    (Ord. 1986-65. Passed 12-22-86; Ord. 1995-25. Passed 3-13-95.)

149.061   Compensatory time

All employees except part-time laborers working a full-time summer schedule in the Service Department may elect to receive compensatory time off instead of paid overtime. Compensatory time may be accumulated to a maximum of eighty (80) hours. Approval for the use of compensatory time shall be obtained by the employee from the respective department head for use during a period which will not unduly disrupt or interfere with the normal operation of that department.

Cash payment will be made to an employee for unused compensatory time only upon the occasion of that employee’s separation from service with the Village.
(Ord. 2014-02. Passed 1-13-14.)

149.07   Longevity

Every regular full-time employee of the Village shall be entitled to receive longevity in accordance with the following schedule. Longevity shall be paid in one lump sum, payable with the final November pay period earnings.

Years of Consecutive Service Amount
After 5 $300
After 10 $500
After 15 $800
After 20 $1,000
After 25 $1,200

(Ord. 1986-65. Passed 12-22-86.)

149.08   Jury duty and military pay

  1. (a) Jury Duty. All Village employees called to jury duty are entitled to a leave of absence from their respective duties for such time as they are on jury duty but not exceeding fifteen days in any calendar year. Required jury duty beyond fifteen days shall result in the employee being on unpaid leave status.

    If an employee’s jury duty pay or compensation during such leave of absence is less than the employee’s Village pay would have been for the same period, the employee will be paid by the Village the difference in money between the Village pay and the jury duty pay for such period.

  2. (b) Military Leave. All Village employees who are members of the Ohio National Guard, the Ohio State Guard, the Ohio Navy Militia, or other reserve components of the Armed Forces of the United States are entitled to a leave of absence from the respective duties for such time as they are on military duty in field training or active duty for periods not exceeding thirty-one days in any calendar year.

    If an employee’s military pay or compensation during such leave of absence is less than the employee’s pay would have been for the same period, the employee will be paid by the Village the difference in money between the Village pay and military pay for such period.

  3. (c) In calculating an employee’s jury duty pay or military pay, allowances for travel, food or housing shall not be considered, but any other pay or allowances of whatever nature, including longevity pay, shall be considered.
    (Ord. 1996-40. Passed 7-8-96.)

149.09   Committee meetings

  1. (a) Village employees who attend meetings during other than normal working hours for the purpose of taking minutes shall be paid at a rate of thirty dollars ($30.00) per meeting or at that employee’s hourly rate at time and one- half, if applicable, whichever is greater.
    (Ord. 1989-70. Passed 12-11-89; Ord. 2005-28. Passed 6-13-05.)

  2. (b) In addition to all compensation hereinabove stated, department heads shall receive forty-five dollars ($45.00) per committee meeting to which they are invited to attend by the Mayor or Committee Chairman, and do attend, for each meeting beyond twelve in any calendar year. The number of meetings does not include regular or special Council meetings.
    (Ord. 1986-65. Passed 12-22-86; Ord. 2005-28. Passed 6-13-05.)

149.10   Holidays

Every permanent full-time employee of the Municipality shall be entitled to receive compensation for the following twelve holidays: New Year’s Day, President’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday following Thanksgiving Day, Christmas Eve Day, Christmas Day and two personal days, such time to be requested in advance and approved by the department head to permit proper scheduling. Wages shall be computed on the basis of an eight-hour day at the employee’s existing rate of compensation. Full-time employees shall use such holidays and personal days within the year they are available or the same shall be forfeited. It shall not be permitted to obtain cash in lieu of the holidays and personal days.

Every regular part-time employee required to work a specific number of hours on specific days shall be entitled to receive compensation for the aforementioned ten legal holidays if the holiday occurs on the employee’s regular working day; compensation shall be computed on the basis of the employee’s regular scheduled hours at straight time.
(Ord. 1988-109. Passed 12-12-88.)

149.11   Vacations

  1. (a) All full-time employees of the Municipality shall be entitled to two weeks vacation after one full year of service, three weeks vacation after five consecutive years of service, four weeks vacation after ten consecutive years of service and five weeks vacation after twenty consecutive years of service.
    (Ord. 1999-80. Passed 12-13-99.)

  2. (b) Vacation credits are expected to be used during the following twelve months after accumulated. In unusual circumstances with the approval of the Mayor and department head, an employee may be permitted to carry a portion of accumulated vacation into the next vacation period. Vacation schedules shall be prepared by department heads. It shall be the policy of each department head to schedule vacations over as wide a period as possible in order to make temporary increases in personnel unnecessary. Seniority shall ordinarily determine vacation dates, but schedules shall be subject to any adjustment necessary for the best interests of the Municipality.

  3. (c) Except with the approval of the Mayor, accumulated vacation time will not be paid if less than two weeks notice of intention to leave the employ of the Municipality is given.
    (Ord. 1986-65. Passed 12-22-86.)

149.12   Sick leave

  1. (a) Every permanent full-time employee of the Municipality shall be entitled to receive a credit of one and one-fourth days per month for sickness, which sick leave credit can be cumulative to 180 days. An employee who enters the service of the Municipality on or before the sixteenth of the month or who leaves after working through the fifteenth of any month shall earn sick leave that month.
    (Ord. 1986-65. Passed 12-22-86.)

  2. (b) An employee shall file a written request on forms provided by the Municipality for use of sick leave. Each request shall be approved by the department head and Mayor. Subject to such approval, employees may use sick leave provided for herein for absences due to illness, injury, exposure to contagious disease which could be communicated to other employees and to illness or death in the employee’s immediate family. Charges against accumulated sick leave shall be based upon the nearest one-fourth day for time lost. A certificate from a physician may be required by the Mayor or department head for any absence extending beyond three days. The Mayor may require that the employee submit to an examination by a physician selected by the Village at the Village’s expense for any absence.
    (Ord. 1987-53. Passed 12-14-87.)

  3. (c) When circumstances require, and with approval of the Mayor and department head, sick leave may be used in advance of accrual, provided that any employee separated from the service who has been granted sick leave that is accrued at that time may be required to reimburse the Municipality for all salary and wages paid in connection with such unaccrued leave.
    (Ord. 1986-65. Passed 12-22-86.)

  4. (d) The sick leave credit provided for herein shall be effective only during such time as the employee remains in the employment of the Municipality. Employees with a minimum of ten years of active service with the Municipality, may elect, at the time of retirement from active service with the Municipality, to be paid in cash for one-fourth the value of their accrued but unused sick leave credit. The payment shall be based on the employee’s rate of pay at the time of retirement and eliminates all sick leave credit accrued but unused by the employee at the time the payment is made. The unused sick leave credit that is paid to each employee shall not exceed the value of 30 days of accrued but unused sick leave. “Retirement” as used in this section, means disability or service retirement under any state or municipal retirement system in this State.
    (Ord. 1996-87. Passed 12-9-96.)

149.13   Travel and other expense allowances

  1. (a) The Mayor is hereby authorized to establish and enforce a policy for the reimbursement of travel and other expenses to employees which are incurred while involved in approved Village business. At no time shall the reimbursement for expenses for use of a personal vehicle exceed the then current allowance established by the Internal Revenue Service for use of a vehicle for business purposes. Further, allowance for meals shall be on a per diem basis.

  2. (b) Village officials and employees are prohibited from accepting, soliciting or using the authority or influence of their position to secure, for personal travel, a discounted or free “frequent flyer” airline ticket or other benefit from an airline if the ticket or benefit is received from the purchase of airline tickets by the Village for Village travel. Any rebates or commissions earned based on Village travel and paid to a Village official or employee, including but not limited to credit card issuers, must be remitted to the Village.
    (Ord. 2009-05. Passed 1-26-09.)

149.14   Hospitalization

Every permanent full-time employee of the Municipality is eligible to enroll in the Municipal Group Hospitalization Plan and shall be entitled to receive the entire cost of the hospitalization plan for either a single or family coverage, depending upon his or her status. Employees are eligible to enroll in the Group Hospitalization Plan on the first day of the month following the fulfilling of thirty calendar days of employment with the Village.
(Ord. 1986-65. Passed 12-22-86; Ord. 1990-104. Passed 12-10-90.)

149.15   Payroll savings plan

The Director of Finance is hereby authorized to make payroll deductions from the wages or salaries of any full-time regular employees and deposit such deductions so made in a local main or branch bank or savings and loan association, upon receipt of a written request and authorization for such deduction by the employee, designating the amount of the monthly deduction to be made and the bank or savings and loan association in the Municipality where such deposit is to be made.
(Ord. 1986-65. Passed 12-22-86.)

149.16   Retirement provision

No full-time regular employee of the Municipality in any of its departments shall continue in such service after attaining the age of sixty-five years, unless the Mayor recommends, with reasons therefor, to Council, a waiver of this age prohibition and Council confirms such recommendation by resolution.
(Ord. 1986-65. Passed 12-22-86.)

149.17   Service with prior political subdivision

No credit for prior service with another political subdivision will be accepted as credit toward sick leave or vacation time unless so approved by the Mayor. No credit for prior service with another political subdivision will be accepted as credit for the purpose of calculating longevity pay.
(Ord. 1986-65. Passed 12-22-86.)

149.18   Funeral leave

An employee eligible for sick leave with pay may be granted paid time off with the approval of the department head and the Mayor for the death of the employee’s spouse, child, father, mother, mother-in-law, father-in-law, brother or sister, grandparents and grandparents-in-law, but not to exceed three days. Such absence shall not be deducted from the employee’s accumulated sick leave. Paid time shall be determined by multiplying the hourly equivalent rate in effect at the time the death occurred by the scheduled number of hours in the employee’s regular work day.
(Ord. 1986-65. Passed 12-22-86.)

149.19   Probation

All full-time employees are required to serve a one-year probation period, during which time he/she is required to demonstrate his/her ability to perform the duties of the position to which the employee has been appointed.
(Ord. 1986-65. Passed 12-22-86.)

149.20   Employee contributions to OPERS and OP&F

Effective June 26, 2011, the Village hereby adopts the following policies and procedures, in accordance with Ohio law, to perform the “employer pick-up” of employee contributions to the Ohio Public Employee Retirement System (“OPERS”) and the Police and the Ohio Police and Fire Pension (“OP&F”):

  1. (a) For the categories of Village employees listed in subsection (b) hereof, the contributions required to be made by each such employee to the OPERS or OP&F, whichever is applicable, as an employee contribution under Ohio R.C. Chapters 145 and 742 shall be paid, pursuant to subsection (c) hereof, by the Village on behalf of the employee in lieu of contribution by the employees and in accordance with the provisions of this section.
    (Ord. 2011-26. Passed 5-23-11.)

  2. (b) This section shall apply to all Village officials and/or employees in the following categories: Police Department personnel, Fire Department Personnel, Public Service Department personnel, support personnel, elected officials, appointed officials, and all other employees who are not members of the above groups. This section shall not apply to non Village employees who are hired temporarily in order to provide traffic control at private construction projects and shall not apply to elected officials who, consistent with Ohio law and OPERS regulations, decline OPERS membership.
    (Ord. 2011-37. Passed 6-27-11.)

  3. (c) The Village’s method of payment of salary to employees who are participants in OPERS and OP&F shall be as follows, in order to provide for a salary reduction pick up of employee contributions to OPERS or OP&F:

    1. (1) The total salary for each eligible employee shall be the salary otherwise payable under the Village policies. Such total salary of each employee shall be payable by the Village in two parts:

      1. (A) Deferred salary; and

      2. (B) Cash salary.

    2. (2) An eligible employee’s deferred salary shall be equal to that percentage of that employee’s total salary which is required from time to time by OPERS or OP&F to be paid as an employee contribution by that employee, and shall be paid by the Village to OPERS or OP&F on behalf of that employee as a pick up and in lieu of OPERS or OP&F employee contribution otherwise payable by that employee. Employees shall not have the option of receiving the statutorily required contribution directly instead of it being paid by the Village to OPERS or OP&F.

  4. (d) Such employee’s cash salary shall be equal to that employee’s total salary less the amount of the pick up for that employee, and shall be payable, subject to applicable payroll deductions to that employee.

    1. (1) The Village shall compute and remit its employer contributions to OPERS or OP&F based upon an employee’s total salary. The total combined expenditures of the Village for such employee’s total salaries payable under applicable Village policies and the pick up provisions of this section shall not be greater than the amounts the employee would have been paid for those items had this provision not been in effect.

    2. (2) A person electing this pick up deduction shall not have the option of choosing to receive the payroll deduction directly instead of having this deduction picked up by the Village. Members who have elected to participate in this plan cannot increase, decrease or terminate the amount of the pick up deduction.

  5. (e) All full-time Village employees identified in subsection (b) hereof and who are contributing members of OPERS or OP&F may purchase additional service credit, tax deferred, and the Village shall withhold the required service credit deduction from the gross pay of each person who elects to do so and shall pick up (assume and pay) such deduction to OPERS or OP&F in accordance with subsection (c) hereof.

  6. (f) The Director of Finance is hereby authorized to perform all acts necessary and appropriate to facilitate the implementation of the provisions of this section, including, but not limited to, making applications to the Internal Revenue Service for private letter rulings concerning Federal tax treatment of the provisions of this plan and making applications to the appropriate State retirement boards.
    (Ord. 2011-26. Passed 5-23-11.)

149.21   PFDPF pickup

Editor’s note: Former Section 149.21 was repealed by Ordinance 2011-26, passed May 23, 2011.

149.22   Pre-employment physical

Prior to granting full-time employment to any individual, the individual shall submit to a medical exam and drug screening conducted by a physician selected and paid by the Village.

Prior to granting full-time employment as a police officer, the individual shall submit to a medical exam, drug screening and psychological exam conducted by a physician and/or psychologist selected and paid by the Village.

Seasonal and part-time employees may be required to submit to a medical exam, drug screening and a psychological exam, conducted by a physician and/or psychologist selected and paid by the Village.
(Ord. 1996-40. Passed 7-8-96.)

149.23   Payment of part-time police officers at construction projects; regulation of part-time employment of police officers

  1. (a) The Director of Finance is authorized to make payments at the same regular hourly rate of full-time police officers to part-time police officers of the Municipality who are assigned to work at private construction projects that are reimbursable to the Village.

  2. (b) The Chief of Police is authorized and directed to adopt by policy, rules and regulations governing the off-duty, part-time employment of police officers performing security or traffic control services to any entity or person.
    (Ord. 1998-68. Passed 8-10-98.)

149.24   Purchase of grave sites

Any Village employee with ten years or more of accumulated full-time employment with the Village, will be entitled to purchase up to two non- transferable grave sites at Evergreen Cemetery at the cost to a Village resident on the date of purchase. These grave sites are to be used for the employee and one member of his/her immediate family.
(Ord. 1997-91. Passed 12-8-97.)

149.25   Prohibited political activity

Village employees are prohibited from participating in any political activity on Village time and from using Village property or Village equipment for any political activity; provided, however, that nothing herein shall be construed to prevent the use of Village owned real property by groups of people (Village employees and others) for political purposes.
(Ord. 2009-06. Passed 1-26-09.)

149.26   Deferred compensation plans

Employees may elect to participate in deferred compensation plans (457(b)) offered by the Village. These plans are subject to the rules of the Internal Revenue Service and the rules of the plan administrator. Plan administrators are selected from time to time by the Village Council. The Mayor and the Finance Director are authorized to take any action that may be necessary to provide for participation in the plans, and the Mayor is authorized to consent to the adoption of any restatements and/or amendments to the Plans provided that such restatements and amendments do not materially change the plans. A current copy of each plan is maintained on file by the Finance Director.
(Ord. 2011-68. Passed 11-28-11.)