Personnel Policy
Adopted August 1, 1986
Amended April 20, 1992
Amended January 4, 1993
Amended April 1994
Amended March 20, 1995
Amended April 3, 1995
Amended February 3, 1997
Amended June 19, 2000
Amended October 16, 2000
Amended July 1, 2001
Amended August 20, 2001
Amended July 1, 2004
Amended January 16, 2007
Amended May 21, 2007
Amended June 2, 2008
Amended Feb 2, 2009
Amended July 1, 2010
Amended October 4, 2010
INDEX
Section 1 Preamble 4
Section 2 Applicability 4
Section 3 Definitions 5
Section 4 Equal Opportunity 6
Section 5 Freedom from Harassment 7
Section 6 Responsibility 7
Section 7 Employer/Employee Responsibility 7
Section 8 Recruitment/Vacancies/Transfers/Promotion 8
Section 9 Application 8
Section 10 Probation 8
Section 11 Evaluation 8
Section 12 Training 9
Section 13 Personnel Files 9
Section 14 Physical Exam/Drug Test 9
Section 15 Hours Worked 9
Section 16 Holidays 11
Section 17 Vacations 12
Section 18 Sick Time 13
Section 19 Unpaid Leave 15
Section 20 Inclement Weather 16
Section 21 Bereavement 16
Section 22 Jury Duty 16
Section 23 Military Leave 16
Section 24 Workers Comp 17
Section 25 Safety 18
Section 26 Section 125 Plan 18
Section 27 Longevity 18
Section 28 Lay Off/ Reinstatement 18
Section 29 Resignation 19
Section 30 References 19
Section 31 Travel 19
Section 32 Uniform/Protective Gear 19
Section 33 Anti-Nepotism 19
Section 34 Employee Responding to Emergencies 19
Section 35 Tobacco Free Environment 20
Section 36 Employee Conduct 20
Section 37 Appearance 21
Section 38 Visits 22
Section
Section 40 Retirement 22
Section 41 Drug Free Workplace 22
Section 42 Outside Employment 22
Section 43 Political Activity 23
Section 44 Town Property 24
Section 45 Disciplinary Procedures 24
Section 46 Grievance Procedures 26
Section 47 Severability 26
Effective Date 28
TOWN
OF
Personnel
Policy
1. PREAMBLE
This Personnel
Policy has been enacted and maybe amended by the Town of Turner
(hereinafter “Town”) Board of Selectmen pursuant to the
Town’s home rule powers, conferred by the Maine Constitution as
represented in Title 30-A M.R.S.A.
The following
policies and procedures, after approval by the Board of Selectmen,
shall serve as a guide to the Town Manager in the administration of
personnel activities. It shall be the
responsibility and exclusive right of the Town Manager to take any
action he/she deems appropriate in the operation of Town Departments,
in the implementation of Town policies, and in the direction of
employees in accordance with his/her judgment. The Town Manager is the
administrator of these policies and may seek or obtain guidance from
the Board of Selectmen, as necessary.
The general purpose of this Policy is to establish a system of
personnel administration that assures safe and efficient operation of
Town functions and meets the social, economic, and program needs of
Town employees. This
system shall provide the means to recruit, select, develop and
maintain an effective and responsive work force, and shall include
policies and procedures for employee hiring, advancement, training,
job classification, salary administration, fringe benefits,
discipline and other related activities.
This Policy is
not to be construed as a contract for employment.
The provisions set forth are not contractual, but rather, are
for the general guidance of the Town in its relationship with its
employees.
The goal of
personnel management in the Town is to:
A. Promote
effectiveness, economy, and productivity in delivering services to
the citizens of the Town;
B. Encourage
commitment to professional excellence in public and continue the
professional development and upgrading of employee skills;
C. Provide
reasonable assurances that employees are treated fairly according to
their performance; and
D. Afford fair and
equal treatment to all applicants to enter and to advance in Town
service on the basis of merit.
2. APPLICABILITY
OF POLICY
This Policy and
the procedures herein shall apply to all Town employees, including
those employees covered by collective bargaining agreements, unless
otherwise expressly provided in such collective bargaining
agreements, or except for individual cases where a different
procedure is provided for by Town ordinance or State Law.
In the event there is any irreconcilable conflict between this
Policy and a collective bargaining agreement, the collective
bargaining agreement shall control. This Policy does not apply to
the Town Manager and Elected Town Officials or to appointed members
of Turner boards and commissions, who are not considered employees
within the scope of this Policy.
The Town may
delete, amend, modify, replace or change any or all of the provisions
contained in this Policy at any time, in whole or in part, without
prior notice. This Policy and
subsequent amendments shall supersede any Policy and rules previously
implemented by the Town Board of Selectmen.
3. DEFINITIONS
For the purpose
of this Policy, the following words and phrases shall have the
meanings respectively ascribed to them.
Anniversary Date: The anniversary of the employee’s initial employment
date or, if the employee experiences a break in service, the last
date the employee was rehired.
Appointing Authority: The appointing authority shall be the
Town Manager or a person appointed by him/her, who shall be
responsible for enforcing the Personnel Policy.
Break in Service: Any separation from Town service, whether by resignation,
removal, layoff, dismissal or retirement, after which the employee is
subsequently re-employed. An
authorized leave without pay will not constitute a break in service.
Continuous Service: Employment without a break in service.
Demotion or Reduction in Rank: Assignment of an employee from one
position to another that has lower rate of pay.
Dismissal: Separation from employment.
Exempt: Designation of employment status in accordance with
provisions of the Fair Labor Standards Act (FLSA) and
Grievance: A complaint by an employee claiming an action inconsistent
with these polices as provided for in this Policy.
The grievance procedure established under this Policy does not
apply to discipline or discharge of the employee by the Town Manager.
Immediate Family: The employee’s spouse, Domestic Partner (living in the
same household), natural or adopted children, parents, parents of the
employee’s spouse, brothers, sisters, grandparents,
grandchildren or dependents residing in the same household who
qualify as dependent for federal income tax purposes.
Non-exempt: Designation of employment status in accordance with the
provisions of the Fair Labor Standards Act (FLSA) and Maine Law. Designation as a non-exempt
employee generally means that the employee is entitled to overtime
pay.
On-Call Employee: An on-call position shall not have a definite schedule of
standard hours and the employee is subject to call based upon a need
and not a work schedule, and the need for on-call work is
intermittent in nature.
Probationary Employee: Probationary employees are those who are
still in the six-month probationary period following the initial
appointment or promotion to a regular full or regular part time
position. Probationary employees only
enjoy benefits outlined by the Town Manager or as may be expressly
provided under this Policy.
Probationary Period: All employees of the Town shall be
employed on a probationary status for a period of six months from
their initial date of hire or promotion, or their date of rehire
following a break in service.
Regular Full Time Employee: A regular full time employee is one who
has successfully completed his/her six month probationary period and
has been appointed to a budgeted position to work a standard work
week of at least forty (40) hours per week, fifty-two (52) weeks per
year, for a term longer than six months or for an indefinite term.
Regular full time employees are entitled to all benefits
provided by this Personnel Policy.
Regular Part Time Employee: A
regular part time employee is one who has successfully completed
his/her six-month probationary period and has been appointed to a
budgeted position to work less than forty (40) hours per week on a
continuing and indefinite basis. Regular part time employees
only have the rights and benefits that are expressly specified in
this Policy for regular part time employees.
Regular part time employees who are regularly scheduled for a
workweek of at least twenty (20) hours shall accrue vacation, sick
time, holidays and other benefits on a pro-rata basis proportionate
to the benefits available to a regular full time employee.
Non-Regular Part Time Employee: A non regular part time employee is one
who is appointed to a position to work less than twenty (20) hours
per week on an indefinite basis.
The employer provides no benefits for non-regular part time
employees, except those required by law, if any.
Seasonal Employee: A person hired for a seasonal position, less than year
round, appointed for a period of time for which the project or task
is known. The employer provides no
benefits for seasonal employees, except those required by law, if
any.
Temporary Employee: A temporary employee is one who is
appointed to a position that is less than year round and that is for
a specific project or period of time to fill a specific need of a
less than permanent nature. The employer provides no
benefits for temporary employees, except those required by law, if
any.
Suspension: Any enforced leave of absence with or without pay for
disciplinary purposes or pending investigation of charges made
against an employee.
4. EQUAL
OPPORTUNITY
The Town complies
with all applicable federal and state non-discrimination laws.
5.
FREEDOM FROM HARASSMENT
It is the policy
of the Town that all of its employees should be able to work in an
environment free from all forms of illegal harassment.
Harassment as defined by this policy is prohibited. This policy refers not only
to supervisor-subordinate actions but also to actions between
co-workers. Harassment means unwelcome
sexual advances, derogatory or vulgar comments regarding any status
or condition of a person which is protected under federal or state
non-discrimination laws, or the distribution of written or graphic
material having such an effect, are prohibited.
All employees are
advised to immediately report all incidents of harassment in
violation of this Policy to the Town Manager, department head or
other appropriate management person designated by the Town.
Any employee who believes he or she has been the subject of
sexual and/or verbal harassment should report the alleged act to the
Town Manager or other appropriate management.
Each employee alleging sexual harassment will be requested,
but not required, to put his or her complaint in writing.
No employee will be retaliated against in any way for making a
complaint of sexual harassment or for participating in the
investigation for any sexual harassment complaint or participating in
any related legal proceedings. The Town will investigate every
allegation of discrimination promptly and take whatever action it
determines to be necessary to stop unlawful discrimination and remedy
any effects of unlawful discrimination.
Sexual Harassment
is the attempt to control, influence or affect the career, salary or
job of an individual in exchange for sexual favors.
Sexual harassment can also be conduct that creates a hostile
or offensive work environment or unreasonably interferes with a
person’s ability to perform his/her job.
Sexual harassment is prohibited in the workplace by any person
in any form.
Verbal Harassment
- Derogatory or vulgar comments regarding a person’s sex,
religion, age, ethnic origins, physical appearance, or the
distribution of written or graphic material having such an affect,
are prohibited.
6. RESPONSIBILITY
The Town Manager,
or his/her designee, shall have the responsibility for administration
of the personnel program and consider the rights, responsibilities
and interests of Town employees, consistent with the best interests
of the Town.
7. EMPLOYER
AND EMPLOYEE RESPONSIBILITY
The Town shall
furnish each new employee with a copy of the Personnel Policy at the
time of the employee’s orientation.
It will be the responsibility of the employee to read the
Personnel Policy and to read the Employee Bulletin Boards daily for
memoranda relative to working rules and amendments thereto.
8. RECRUITMENT,
POSITION VACANCIES, TRANSFER AND PROMOTION
The Town shall
employ the best qualified persons who are available at the salary
levels established for Town employment, with first preference being
given to citizens of the Town if all factors are deemed equal by the
Town. Vacancies in
positions above entry level may be filled by promotion when in the
judgment of the Town Manager and/or department head, it is in the
best interests of the Town to do so. When practical and consistent
with the best interests of the Town, first consideration for
promotion shall be given to present employees of the Town.
In making promotions, the appointing authority shall give
consideration to each applicant’s qualifications, record of
performance, and seniority, although the appointing authority retains
the discretion to appoint the person he/she believes is best
qualified for the position.
9. APPLICATIONS
Application for
employment must be filed on forms prescribed the Town and available
at the Town Office. All
applicants must submit a written application for employment. Such
forms may require the information the Town deems necessary.
The person applying must sign the application unless the
applicant is physically incapable of doing so.
Applications and Resumes shall be accepted only during the
time set forth in the recruitment notices, unless this time is
extended due to an inadequate response as determined by the Town
Manager.
10. PROBATION
Any person
appointed, employed, promoted, or
transferred from one established position in the Town to another
regular full or regular part time position shall be employed in a
probationary status for a period of six (6) months after the date of
initial appointment, employment, promotion or transfer.
Anyone who is promoted to a higher position shall complete a
six (6) month probationary period for the new position and without
loss of any earned benefits. Any break in service lasting
longer than two weeks during the probationary period, including but
not limited to, an absence for medical reasons or military leave,
shall not be credited towards the probationary period.
The probationary
period shall be considered an extension of the selection process.
Probationary employees should be evaluated within 30 days and then
again before the six month period in writing to observe their work
habits, skills, attitude and pertinent characteristics for successful
job performance, including the probationary employee’s ability
to carry out the essential functions of the job.
Probationary employees may be removed or demoted at any time
during the probationary period without cause and without appeal.
As a remedial or
disciplinary measure, the Town Manager may also place an employee on
probation for up to six months subject to whatever terms or
conditions of probation the Town Manager deems necessary.
11.
EVALUATION OF PERFORMANCE
Employees shall
be evaluated by the Town Manager during their probationary period to
determine whether, in the judgment of the Town Manager, they have
successfully completed their probation.
Following successful completion of the probationary period,
employees shall be evaluated annually or as frequently as the Town
Manager determines in May or June.
12. TRAINING
Both the Town and
its employees profit from the provision of educational training
opportunities at reasonable expense to the Town.
Employees must receive approval for training programs in
advance from the Town Manager if attendance during normal working
hours or reimbursement of tuition and/or expenses is expected.
Requests to attend training classes and seminars shall be made
through the Town Manager. An employee shall be reimbursed for
reasonable expenses for attending educational training programs at
the sole discretion of the Town Manager.
13. PERSONNEL
FILES
The Town shall
maintain a personnel record for each employee in the service of the
Town. It may contain the following types of information:
employee’s name, address, phone number, the title of the
position held, the department to which the employee is assigned,
salary, wage information, changes in employment status, employee
performance reviews and other performance related information, and
such other information as may be considered pertinent.
Medical information shall be maintained in a separate file.
The employee
shall request access to their personnel records during normal working
hours of the Town Office and the Office shall provide one copy of any
record upon request with reasonable notice given by the employee.
All personnel records shall be considered confidential as
provided by law. The Town
shall retain personnel records of each employee following termination
as required by law.
The employee is
responsible for notifying the Town of all changes of address,
telephone numbers or family status (births, deaths, adoptions,
marriage, death, divorce, or legal separation) in order to provide
for accurate record keeping and appropriate benefit information.
The Town may rely conclusively on the information contained in
its files unless and until the information has been superseded or
corrected by information provided by the employee.
14. PHYSICAL
EXAMINATION/DRUG & ALCOHOL TESTING
A prospective
employee shall be required to complete a pre-employment physical
exam. The physical examination will
focus on the applicant’s ability to perform the essential
functions for the position as identified in the job description, with
or without accommodation. A physician designated by the
Town Manager shall conduct such physical examination and the expense
thereof shall be borne by the Town.
Prospective
employees whose future position requires them to undergo drug and/or
alcohol testing under Federal Law, such as holders of a Commercial
Drivers’ License (CDL) must submit to and successfully complete
a pre-employment drug screening. Random drug and alcohol
testing of covered employees may occur in accordance with Federal
law.
15. HOURS OF
WORK
A. The normal working
days in the workweek shall be Monday through Friday.
However, it may be necessary; regarding variations in
different services provided by the Town, that there be flexibility in
the hours of work per week within various departments.
The hours of work, the starting and quitting times and lunch
periods shall be as established by the Town Manager from time to
time, as may be necessary. The current work schedules as
of the date of this policy are as follows:
1)
Administrative Department: The normal work day shall be 8:00
a.m. to 4:30 p.m. Monday through Friday, excepting an unpaid meal
period of one half hour to be scheduled each day at the discretion of
the Town Manager. Administrative personnel are
also entitled to a paid break period of fifteen (15) minutes in mid
morning and mid afternoon each workday.
2) Transfer/Recycling Facility: The normal work day
shall be 7:30 a.m. to 4:00 p.m. Tuesday, Friday and Saturday
excepting a meal period of one half hour each day at the discretion
of the Town Manager. Transfer/Recycling
Facility personnel are also entitled to a paid break period of
fifteen (15) minutes in mid morning and mid afternoon each workday.
3) Highway
Department: The normal workday and hours are regulated by the
collective bargaining agreement.
4) Rescue
Department: Other than per diem “on-call” regular part
time rescue personnel hired by the Town, the normal work week for the
Town’s rescue personnel shall be set at the discretion of the
Department Head. Personnel
are entitled to a 15 minute paid break in mid morning and mid
afternoon each work day.
5) The foregoing
notwithstanding, the Town Manager retains the authority to modify the
work week or hours of any employee, to require the working of
overtime when deemed necessary subject to the limitations imposed by
law, and to make temporary or permanent changes in schedules at any
time.
B.
For purposes of this section, hours worked shall include sick
time, vacation, compensatory time and bereavement leave.
C.
The workweek for payroll purposes shall be from 12:01 a.m.
Sunday to 12:00 midnight Saturday.
D.
Overtime:
1) Any time
actually worked by non-exempt employees in excess of forty (40) hours
shall be compensated for either by overtime pay at the rate of one
and one half times their regular straight time hourly wage or by
compensatory time off at the rate of one and one half hour for all
hours or part thereof worked over forty (40) hours per week actually
worked and which are scheduled outside their normal work week. An
employee may accrue up to 40 hours of compensatory time for hours
worked. An employee who has accrued
compensatory time off in accordance with this provision and who
requests the use of such compensatory time shall be permitted by the
Town to use such time within a reasonable period after making the
request if the use of the compensatory time does not unduly disrupt
the operations of the Town.
Sick time,
vacation, compensatory time, bereavement leave and holidays shall be
counted as time worked for overtime purposes.
2) All overtime
work whether scheduled, extra duty or unscheduled shall be approved
by the Town Manager prior to being worked and agreed upon as a
condition for an employee to be eligible for overtime pay, time off
or be required to be compensated by time off.
E. Exempt
employees who are not subject to overtime pay and who work in excess
of their regularly scheduled work hours in a week shall, under
conditions to be established by the Town Manager or his/her designee,
be eligible for compensatory time.
Such conditions include, but are not limited to, attendance at
the direction of the Town Manager at meetings of the Board of
Selectmen or other Town boards when such attendance is required.
An exempt employee shall be entitled to one hour of
compensatory time for each hour of time worked in excess of their
regular scheduled weekly hours. The employee must receive
advance approval from the Town Manager to have additional hours
worked credited as compensatory time.
Compensatory time may be accumulated up to forty (40) hours.
Request for use of the compensatory time shall be approved by
the Town Manager. There
shall be no payment for unused compensatory time at the termination
of employment for exempt employees.
F. Salaried
employees exempt by the FLSA shall work a minimum of forty (40) hours
per week, however, it is the responsibility of the employee to
accomplish the work assigned to the position regardless of hours
required to complete the work. Limited
compensatory time off may be granted upon request but need not be on
an hour for hour basis, as determined by the Town Manager.
G. In the
absence of a collective bargaining agreement or other written
employer-employee agreement providing otherwise, an employee may be
employed or permitted to work for no more than six (6) consecutive
hours at one time unless he/she is given the opportunity to take at
least thirty (30) consecutive minutes of unpaid rest time, except in
cases of emergency in which there is danger to property, life, public
safety or public health. The employee may use this
rest time as a mealtime.
16.
HOLIDAYS
A. Subject to this
Policy, the following holidays shall be paid holidays for regular
full time employees and part time regular employees working over
twenty (20) hours per week subject to a pro-rated share in the case
of regular part time employees: New Year’s Day, Martin Luther
King Day, President’s Day, Patriot’s Day, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veteran’s Day,
Thanksgiving Day, and Christmas Day.
B. If a paid
holiday falls on a Sunday, the following Monday is considered the
paid holiday. If a paid
holiday falls on a Saturday, the preceding Friday, unless otherwise
regulated by law or department policy, shall be considered the paid
holiday.
C. All hours
actually worked on a holiday shall be paid at one and one-half times
the regular hourly rate.
D. Employees as
set forth in this section shall be eligible for holiday pay only when
the employee works his/her last scheduled day before and after the
holiday unless the employee is on approved vacation or sick time
certified by a doctor’s certificate, if required by the
employer. Employees scheduled to work
on a holiday must work the holiday unless the employee is on approved
vacation or sick time certified by a doctor’s certificate, if
required by the employer.
E. Regular
part time employees working in excess of twenty (20) hours per week
shall receive pay, proportionate to hours normally worked on that
day, for a holiday that falls on the employee’s regularly
scheduled work day of work.
17. VACATIONS
A. Vacation
privileges are available to all regular full time and regular
part-time (in excess of 20 hours per week) employees at the
convenience and discretion of the Town Manager.
A regular full time or regular part-time employee on probation
may accumulate vacation benefits during the probationary period. Each regular full time
employee and regular part-time employee (pro-rata basis) shall accrue
paid vacation time each month, in accordance with the following
schedule:
Years of Service
Years of Service
Monthly Accrual
From 6 months until 2 years of service:
5/12 day per month
After 2 years of
service until 8 years of service:
10/12 per month
After 8 years of
service until 15 years of service:
1 3/12 per month
After 15 years of
service:
1 8/12 per month
<![if
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<![endif]> Regular
full-time employees and regular part-time employee (in excess of 20
hours and
on a prorated basis) may accumulate vacation time earned in
accordance with the
following schedule:
Years of Service
Greater than six
months but less than two years:
not to exceed 5 days
Greater than two
year but less than eight years:
not to exceed 10 days
More than eight
years but less than fifteen years:
not to exceed 15 days
More than fifteen
years:
not to exceed 20 days
C. For
purposes of this section, days shall mean the employee’s normal
work day, provided that if the normal work day is longer than 8
hours, “day” means eight hours.
D. Employees other
than regular full time and regular part time working less than twenty
(20) hours per week are not eligible for paid vacation.
E. Vacation
will be accrued on a monthly basis and may be used as accrued,
subject to the approval of the Town Manager or his/her designee.
Unless the Town Manager determines that such a procedure would
be against the best interests of the Town, approval will be granted
in a manner so as to cause a minimum of loss of service to the public
and giving preference of vacation requests to employees according to
length of service.
F. All
employee requests for vacation must be in writing given to the Town
Manager or his/her designee on the proper form and at the time(s)
required by the Town Manager, and in any case at the earliest
opportunity. The Town Manager shall
consider the operational needs of the Town and its departments when
granting the approval for the use of vacation leave.
Generally one full time employee will be awarded vacation time
based on seniority.
G. Probationary
employees accrue vacation time from their date of hire, but are not
eligible to use it until their probationary period has been
successfully completed.
H. If a holiday
falls within the vacation period, the employee will not be charged
vacation for such holiday.
I. No
employee shall be entitled to work the employee’s vacation with
pay, except in emergency conditions as approved by the Town Manager
or his/her designee.
J. Employees,
based on their length of service, may accumulate up to the specified
vacation days. If an
employee accumulates more than the allocated amount on the
anniversary date each year, he/she will lose all time in excess of
allocated amount at that time. Vacations longer than two weeks must
be approved by the Town Manager.
K. The entire
system for determining accrued vacation time will be based on the
employee’s anniversary date of hire rather than the calendar
year. Accrued amounts of
vacation shall be credited monthly.
L. Accrued
vacation leave shall be paid to an employee upon separation or
discharge from service, or to his/her beneficiary designated in
his/her duly probated will or estate upon death.
18.
SICK TIME
Regular full time
employees shall annually on July 1, be credited with ninety six ( 96
) hours = twelve (12 days) of sick time for the upcoming fiscal
budget year to be recorded in each qualifying employee’s record.
Regular part time employees working an average of more than 20
hours per week shall be credited (annually on July 1) with a prorated
number of hours of sick time equal to 96 hours multiplied by the
employee’s average number of hours of work per week divided by
40.
Sick time may be
used for personal illness or physical incapacity of such a degree as
to render the employee unable to perform the duties of his/her
position, or for a personal medical or dental appointment with notice
in advance and approval by the Town Manager, or for reasons set forth
in this section.
Sick time is
defined as time granted due to personal illness, non-work related
bodily injury to the employee or the employee’s immediate
family. Immediate Family: The employee’s spouse, Domestic
Partner (living in the same household), natural or adopted children,
parents, parents of the employee’s spouse, brothers, sisters,
grandparents, grandchildren or dependents residing in the same
household who qualify as dependent for federal income tax purposes.
Sick time may
also be used for transporting immediate family members to health care
appointments with advance notice to and approval of the Town Manager.
After three (3)
days of continuous use of sick time
(or at any time that abuse of sick time is suspected), the
Town Manager may, as a condition precedent to the continuation of
sick pay, require a certificate from the employee’s physician
certifying the condition of the employee to be such as to justify the
continued absence from employment. When a medical examination or
doctor’s certificate is required, such shall not be at the
Town’s expense.
No sick time will
be paid because of injury or sickness incurred by reason of
employment for any employer other than the Town.
The Town shall
designate any such sick time as paid “Family Medical Leave”
when the Town Manager becomes aware of sick time being used by an
employee for a purpose that qualifies for leave under the FMLA.
Refer to the section of this Policy addressing Family Medical
Leave.
Employees who are
requesting paid sick time in accordance with this section shall
notify or cause to be notified the Town Manager or department head at
least thirty (30) minutes prior to the time specified for the
beginning of the work day, or as soon as it is reasonably possible.
If the employee becomes sick during the work day, he/she must
notify or cause to be notified the Town Manager or department head
prior to leaving the work area, in which case, sick time will be
charged proportionately.
Regular full time
employees shall be entitled to sixteen (16) hours of personal time
per year and regular part time employee’s working in excess of
twenty (20) hours per week shall be entitled to prorated personal
time. Hours taken as
personal time will be deducted from accrued sick time.
Employees shall provide sufficient advance notice to the Town
Manager or department head for approval of the personal time.
Sick time may be
taken in ¼ hour increments as needed.
Sick Time Bank
Plan as provided in Appendix A
The Town wishes
to establish a Sick Time Bank-Plan with the Board of Selectmen as its
Trustees for the benefit of the employee only. The Town will budget
funding to buy back employee’s sick hours currently held based
on the employee’s longevity at the end of the fiscal budget year
2009/2010 or with a 50% payout of recorded sick time hours as of June
30, 2010. The remaining hours will help establish the 1,000 hours for
the Sick Time Bank.
Beginning July 1,
2010, all unused sick time shall be redeemed on June 30 each year, at
a rate of fifty percent (50%) of value, with the employee’s
remaining 50% contributed to the bank, to the extent needed.
Upon separation
of employment with the Town of
Any absence from
duty of which sick time is paid or for official leaves of absence,
shall not constitute a break in the service of record.
Misuse of sick
time shall be grounds for disciplinary action including termination
of employment for cause.
19. UNPAID
LEAVES OF ABSENCE
Regular full time
and regular part time employees in good standing may be granted a
leave of absence without pay by the Town Manager for disability
and/or personal reasons.
Disability leave
of absence without pay may be granted when as a result of a
disability an employee is not able to work, but is expected to be
able to resume work in a reasonable period of time. Such unpaid leave
will begin only after all accumulated sick and vacation leave has
been exhausted. Eligibility
for and continuation on disability leaves of absence will be
dependent upon qualified medical certification as to the nature of
the disability, the employee’s inability to complete the
essential functions of his/her job, and that the employee should be
able to resume work in a reasonable period of time. The Town may
require an employee to be evaluated by a qualified physician or
psychologist of its choosing as a condition for granting and/or
continuing disability leaves of absence. The costs for any such
medical certification shall be borne by the employee.
Unpaid personal
leaves of absence will be granted for up to twenty (20) work days
when an employee requests and when it appears because of the past
record of the employee, or because of the purpose for which the leave
is requested, that it is in the best interests of the Town to grant
the leave. Such
leaves will begin only after all accumulated vacation and sick time
is exhausted and the convenience of the Town.
Employees
requesting a personal leave of absence must apply in writing with
Town Manager not later than thirty (30) days before such leave is to
begin. If accumulated vacation time
is to be used in conjunction with personal leave, then the employee
is to apply in writing thirty (30) days before the beginning of such
vacation leave.
Employees will
retain seniority and benefits after returning from approved, non-paid
disability or personal leaves of absence.
Employees not returning at the conclusion of a non-paid
disability or personal leave of absence may be terminated as of that
date and lose all employment and longevity benefits. Employees may
choose to continue health insurance benefits during the leave of
absence only by assuming the full cost of that benefit, and only to
the extent allowed under the insurer’s eligibility standards
under Town’s vendor for health insurance as then in effect.
Except as
otherwise provided herein, an employee who is granted an unpaid leave
of absence shall not earn vacation or sick time, or accrue seniority,
while on a leave of absence.
20. INCLEMENT
WEATHER
Employees shall
be paid for the remainder of the day when they are denied the
opportunity to work as a result of the office closing early due to an
emergency or poor weather. Employees shall not be
compensated for days during which no work was performed as a result
of the office not opening for business.
Employee must have reported to work and worked a portion of
the day in order to be eligible for compensation for hours not worked
due to early closing due to emergencies or poor weather.
Public safety employees (defined as Police, Fire, Rescue and
Public Works employees) shall work those hours required by schedule
or Department Head directive with regular compensation paid, or
overtime pay/compensatory time, if applicable, unless otherwise
provide in a collective bargaining agreement.
21. BEREAVEMENT
LEAVE
An employee shall
be allowed:
A maximum of
three (3) working days off with pay for the death of a Immediate
Family: The employee’s spouse, Domestic Partner (living in the
same household), natural or adopted children, parents, parents of the
employee’s spouse, brothers, sisters, grandparents,
grandchildren or dependents residing in the same household who
qualify as dependent for federal income tax purposes.
Exceptions may be
made at the discretion of the Town Manager for the approval of up to
one (1) day of personal
time off under this section to attend funeral services for other than
immediate family members.
22. JURY DUTY
OR WITNESS LEAVE
An employee shall
be granted a leave of absence any time the employee is required to
report for jury service or before any administrative or legislative
tribunal.
The Town shall
pay the employee the difference between the amount of regular pay and
the compensation paid the employee for such duty (i.e., witness fees
or jury compensation) upon receipt of appropriate documentation from
the employee. Whenever any employee is
excused from such service on any normal or scheduled work day prior
to 2:00 p.m., the employee shall return to work.
In order to be eligible for the differential compensation the
employee must make application therefore to the Town and present a
statement in writing from the court or tribunal as to the period of
time served and the amount of payment made by the court or tribunal.
When the term of jury duty leave is complete, the employee
shall report to the Town the number of regular working days he/she
was required to serve as a juror or witness.
Any juror’s
pay or witness fee received for service on a day when the employee is
not scheduled or required to work will not be deducted from the
employee’s wage.
23. MILITARY/RESERVE
LEAVE
All employees who
are members of the organized military/reserves for the United States
of America and who are required to perform field duty, will be
granted reserve leave as required under the Uniform Services
Employment and Reemployment Rights Act of 1994 (USERRA).
24. WORKERS’
COMPENSATION
A. Reporting and
Treatment of the Injury:
Reporting: all
injuries sustained in the course of employment shall be immediately
reported to the employee’s supervisor, department head or the
Town Manager as a requirement for leave or compensation.
The employee’s supervisor, department head or the Town
Manager must complete the First Report of Occupational Injury or
Illness. The completed
First Report of Occupational Injury or Illness shall be submitted to
the Town Manager within 48 hours from the date of injury.
Treatment:
Pursuant to State law, the Town requires that treatment of an
occupational injury or illness be provided by the health care
provider of the Town’s choice, within the first ten (10) days
following the submission of a First Report. The supervisor, department
head or the Town Manager or his/her designee may make the appointment
for an evaluation and treatment.
(If the injury is serious, the employee should go immediately
to the nearest hospital emergency room for treatment; an assessment
by the Town’s Health Care Provider can be completed at a later
date). An employee may
choose to go to their own physician, but should understand that
payment for these visits will not be made by the Town through its
worker’s compensation plan unless the employee has successfully
petitioned to change health care providers.
The Town provides
worker’s compensation insurance coverage for all employees.
It is the responsibility of any injured employee to assist
his/her supervisor in completing a First Report of Occupational
Illness or Injury and in having the injury or illness assessed by the
Town’s Health Care Provider as determined by Town Manager.
At the discretion
of the Town Manager and in accordance with the provisions in this
section, any employee who sustains a personal injury or
compensate-able illness arising out of and in the course of his/her
employment with the Town may be paid during the first four weeks of
incapacity to work resulting from the injury an amount sufficient,
when added to the weekly payment of worker’s compensation, to
equal his/her regular normal weekly wage.
At the discretion of the Town Manager, the employee may be
asked to undergo a fitness for duty test/functional capacity
assessment by the Town’s Health Care Provider upon receiving
such a request for supplemental payments. To avoid gaps in employee
income while supplemental payments are being made, the Town may
continue to pay the employee’s normal weekly wage if the
employee agrees, in writing, to turn over worker’s compensation
payments to the Town upon receipt. No supplemental
payments shall be made if, in the opinion of the department head
and/or the Town Manager, the accident occurred as a result of
intoxication, willful intent, or violation of rules and regulations
on the part of the employee or while the employee is in the employ of
any other person, firm or corporation or is self employed. Supplemental payments shall
not be continued beyond four weeks except upon written authorization
of the Town Manager.
Due to
work-related injury or illness, an employee, upon recommendation from
the treating physician, shall be given light duty for the period of
time the condition exists provided that light duty is available.
The Town Manager or his/her designees, and the Department Head
must approve light duty assignments.
The employee must provide a medical request from the treating
physician explaining the need for light duty, the estimated duration
of the need for light duty, and what restrictions on working
assignments apply. At the
discretion of the Town Manager, the employee may be asked to undergo
a fitness for duty test/functional capacity assessment by the
Town’s Health Care Provider upon receiving such a request for
light duty from the employee’s physician.
25. SAFETY
All accidents
affecting members of the public, public or private property, or
involving Town employees or Town property, no matter how minor,
involving Town employees while in the scope of their employment, must
be reported immediately verbally or by the fastest available means to
the Department Head and/or Town Manager, and a written report must
made on a form for that purpose at the earliest opportunity.
26. SECTION
125 PLAN - FLEX BENEFIT
The Town of
Regular full-time
employees will be allowed to purchase these benefits through the
Town’s chosen vendor or on their own. The Town has a Section 125
Plan to allow payments of health insurance, life, dental, disability
before taxes at the employee’s expense.
The amount of Flex Benefit may change from time to time as
authorized by a vote on a warrant article at a scheduled town meeting
and without further action by the Board of Selectmen.
27. LONGEVITY
PAY
Longevity pay
shall be implemented for all non- union regular full time employees
who were hired before July 1, 2010 and who have been
continuously employed by the town, based on the following schedule:
After four (4)
years of continuous full time service $25.00 per week, after eight
(8) years of continuous full time service $50.00 per week, after
twelve (12) years of continuous full time service $75.00 per week and
after sixteen (16) years of continuous full time service $100.00 per
week. An employee’s
continuous full time service record shall be broken by any break in
service as defined in this Policy.
28. LAYOFFS
AND REINSTATEMENTS
Any employee may
be laid off whenever it is necessary because of the shortage of
funds, lack of work, or any other related reason.
The Board of Selectmen upon recommendation from the Town
Manager shall determine the order of layoffs, giving consideration to
ability, past performance, job classifications and seniority, among
other factors. Temporary
or part-time employees may be laid off at any time by the Town
Manager without consideration of seniority and without consultation
with the Board of Selectmen.
A notice of
return to work shall be sent to each employee by Certified Mail to
the last address on file with the Town at least seven (7) calendar
days before the date of the re-employment.
An employee must return at the appointed time, unless special
arrangements have been made with the Town Manager to return at
some other date. Failure by the employee to
report for work or notify the Town Manager shall be considered
as voluntary termination employment by the employee.
29 RESIGNATION
All employees
resigning from employment with the Town shall submit a resignation in
writing to the Town Manager at least ten (10) working days in advance
of the effective date of their resignation, unless otherwise provided
by a collective bargaining agreement.
The Town Manager has the authority to accept any
employee’s resignation, be it in writing as required under this
Policy or verbal, and once accepted a resignation may not be revoked
for any reason.
30. REFERENCES
The Town’s
reference policy is to provide potential future employers only with
the employee’s date of hire, date of resignation, separation or
termination, and terms of employment.
31. TRAVEL
Employees
required by their supervisor to travel or to use personal conveyances
on official Town business shall be reimbursed for reasonable and
necessary expenses while carrying out Town business provided that the
employee received prior approval from the Town Manager or his /her
designee. Said
reimbursement shall be made in accordance with current approved rates
upon submission of a standard expense sheet, signed by the
employee’s immediate supervisor.
Reimbursement for use of a personal vehicle shall be
reimbursed at the rate of forty cents $ .40 per mile.
Said reimbursement shall not apply to travel between the
employee’s home and the work site.
Subject to the provisions herein, reimbursement shall be made
for meals, tools, parking fees and lodging at the discretion of the
Town Manager. Requests for reimbursement
pursuant to this section must be accompanied with receipts for all
such expenses and any other information requested by the Town
Manager.
32. UNIFORMS
AND PROTECTIVE CLOTHING
Federal OSHA
Standards as outlined in CFR 1910.132 shall apply excepting
prescription glasses and steel toe shoes. Appendix B
33. ANTI-NEPOTISM
Unless the Board
of Selectmen shall, following the recommendation of the department
head and Town Manager, determine that the best interests of the Town
shall be served, the following relatives are disqualified from being
in a supervisory relationship with any of the following relatives:
son, daughter, spouse, parent, grandchild, grandparent, brother,
sister, half or step sister/brother, spouse of any of the above, or
Domestic Partner (defined as having resided in the same household).
34. EMPLOYEES
RESPONDING TO EMERGENCIES
<![if
!supportLists]>A.
<![endif]>Given that one of the purposes of the Town is to provide all
measures of public safety, it shall be the policy of the Town of
B. Employees
who are released from duty during regular work hours to respond to an
emergency shall be paid their regular wages, but will not normally
receive any overtime wages for emergency services work unless such is
part of their regular duties. Employees
are not to be paid twice for the same hours.
C. When
deciding whether regular work or an emergency has priority, the Town
Manager or Board of Selectmen are to weigh the importance of the
regular work to the safety of the general public in relation to the
benefits to be gained by allowing an employee to respond or to remain
at an emergency .
35. TOBACCO
FREE ENVIRONMENT
Medical evidence
implicates smoking as a serious hazard to the health of the smoker
and non-smoker. Continued research suggests
that passive smoke is dangerous to the non-smoker.
The Town is committed to providing a healthy, tobacco-free
work environment and strives to operate in the best interests of all
employees.
In accordance
with the provisions of the Workplace Smoking Act of 1985 the Town has
adopted a smoking policy, which is hereby incorporated herein by
reference. Smoking is prohibited in all
municipal buildings, vehicles and equipment, with the exception of
designated smoking areas.
36. EMPLOYEE
CONDUCT
A. General:
All employees are expected and required to treat the public
with promptness, patience, courtesy and respect.
All employees are
prohibited from engaging in any conduct, which could discredit or
reflect unfavorably upon the Town or disrupt the efficient operation
of the administration of the Town.
All Town employees must avoid any action that might result in
or create the impression of using public employment for private gain,
giving preferential treatment to any person, or losing complete
impartiality in conducting Town business.
Cooperation of
all employees is essential to efficiency.
Our taxpayers are entitled to the best service we can give
them. Cooperation, courtesy and
responsibility are the key elements of good service.
These policies
and regulations are provided to assist the Town Manager and all
employees in functioning at peak efficiency with minimal cost to the
tax payers.
B. Other
Business: No employee
shall engage in any business other than his/her regular duties during
work hours.
C.
Confidential Information:
D. Conflict of
Interest: No Town employee who is authorized to make purchases shall
have any interest either directly or indirectly in any contract with
the Town. No Town
employee shall sell materials to the Town unless such material is
sold under the Town’s Purchasing Policy guidelines and at a fair
market value.
E. Loss of
Job as a Result of Loss of License or Certification: If it is a
requirement for an employee in a specific position to possess a valid
license and/or class of license or certification, then it shall be a
condition of employment for that employee to maintain such license
and/or certification. Failure
to do so may result in job loss, or at the discretion of the Town
Manager re-assignment to an alternative open position for which the
employee is qualified.
F. Gifts:
A Town employee is prohibited from soliciting or accepting any
gift, gratuity, favor, entertainment, loan, or any other thing of
monetary value from any person who has or is seeking to obtain
business with the Town of Turner or from any person within or outside
Town employment whose interests may be affected by the
employee’s performance or non-performance of his/her official
duties.
Acceptance of
nominal gifts in keeping with special occasions, such as marriage,
retirement, Christmas, or unsolicited advertising or promotional
materials, i.e. pens, note pads, calendars, or similar items of
nominal intrinsic value, is permitted.
Contributions to
a flower fund or gift to a fellow employee is allowable provided such
contribution is wholly voluntary on the part of each employee, and
that the gift is of nominal value in keeping with the spirit of the
event.
37. APPEARANCE
All persons
employed by the Town of
38. VISITS
It is the policy
of the Town of
39.
POLICY ON WORKPLACE THREATS AND VIOLENCE
The safety and
security of employees of the Town of
40. RETIREMENT
The Town does not
provide employees with retirement benefits other than as provided in
accordance with the Town’s Flex Benefit Package/Section 125 Plan
defined in paragraph 27 herein.
41. DRUG FREE
WORKPLACE
To insure the safety and well being of all employees and the public, as well as the confidence of the public in persons employed to serve them, it is the Town’s Policy to maintain a drug and alcohol free workplace and prohibits all employees from working under the influence of any illegal drug, or substances, alcohol or controlled substances. Any employee reporting for work, or at work, whose body emits the odor of alcohol is presumed to be in violation of this policy. Any employee attending any meeting, whether during regular business hours or otherwise, in the course of that employee’s official duties, is working, and subject to this policy. The Town further prohibits the unlawful manufacture, distribution, dispensing, possession or use of any illegal drug, alcohol or controlled substances on a property or place owned or under the control of the Town. Violation of this policy is cause for discharge of the employee.
42. OUTSIDE
EMPLOYMENT
No employee may
participate in outside employment that in any manner interferes with
the proper and effective performance of the duties of the
employee’s position, results in a conflict of interest, or if it
is reasonable to anticipate that such employment may subject the Town
to public criticism or embarrassment. Employees must inform their
department manager or the Town Manager of his/her outside employment. If the Town Manager
determines that such outside employment is disadvantageous to the
Town, he/she shall notify the employee in writing that the outside
employment must be terminated or curtailed in a manner determined
necessary by the Town Manager. Failure to curtail or
terminate outside employment which is determined by the Town Manager
to hinder, interfere, or prevent the employee in the impartial and
efficient performance of duties to the Town shall constitute cause
for termination. Any
employee who engages in employment outside his/her regular working
hours shall perform the employee’s regular duties for the Town
first. Under no circumstances shall
an employee fail to appear for a mandatory work assignment or shift
due to conflicting outside employment or business commitments.
Should the
employee’s performance be judged by the Town Manager below
acceptable standards, the supervisor of the employee may revoke the
employee’s permission to engage in outside employment.
The Town shall in
no respect be liable for, nor grant, sick time in cases where an
employee is injured or contracts an occupational illness or develops
occupational disability while engaged in outside employment.
43. POLITICAL
ACTIVITY
Employee’s
may seek or accept nomination for election to any office in the Town
government while employed by the Town, provided that no person may
maintain employment with the Town if the person is a member of the
Town Board of Selectmen. Any employee elected as a
member of the Town’s Board of Selectmen shall resign from
employment prior to taking office, with the exception of on call
emergency personnel.
Town employees
shall not circulate petitions or campaign literature for candidates
for Town Board of Selectmen, or be in any way involved with
soliciting or receiving subscriptions, contributions, or political
service from any candidate for political office.
Town employees shall not work at the polls, circulate
petitions or campaign literature for elective Town officials, or be
in any way concerned with soliciting or receiving subscriptions, or
political service from any person for any political purpose
pertaining to the Town.
This rule is not
to be construed to prevent Town employees from becoming, or
continuing to be members of any political organization, from
attending political meetings, from expressing their views on
political matters, or from voting with complete freedom in any
election.
44. TOWN
PROPERTY
The general
policy of the Town shall be that no property, supplies or equipment
of any kind owned by the Town shall be lent to or borrowed by any
Town employee.
45. DISCIPLINARY
PROCEDURES
A. Progressive
Discipline: The Town has
a policy of progressive discipline of employees, which generally
means that repeated instances of poor job performance or misconduct
will be subject to progressively more severe sanctions. This may include oral or
written warnings, counseling, and suspension with or without pay,
demotion or termination. Progressive discipline does
not mean that the initial disciplinary response to unsatisfactory job
performance or misconduct will always be the same.
The disciplinary response to unsatisfactory job performance or
misconduct will depend upon the Town’s determination as to the
seriousness of the unsatisfactory performance or misconduct.
Serious job performance problems or misconduct including, but
not limited to, dishonesty, violence, breach of public trust,
insubordination, theft, criminal conduct, harassment or abuse, or
other violation of the requirements of these personnel policies may
result in more severe disciplinary sanctions including, but not
limited to, dismissal or termination even on the first occurrence.
B. The
nature of the services provided by the various departments of the
Town places a high degree or responsibility upon all employees of the
Town. Employees’
actions have a direct influence upon the quality or service provided. This Policy is intended to
establish consistent general guidelines to protect the interests of
the employees and the Town, should it become necessary to consider an
employee for discipline and/or termination to address unacceptable
job performance. However, in all cases of
discipline, the final determination of the appropriate disciplinary
action, if any, is left to the sole discretion of the Town Manager.
C. Discipline
of Employees:
1. It
shall be the authority and responsibility of each Department Head,
under the direction of the Town Manager, to supervise his/her
respective department to ensure that Town policies are adhered to and
to initiate disciplinary action including recommending discharge.
<![if
!supportLists]>2.
<![endif]>When in the judgment of a department head, the work
performance or conduct of an employee supervised by that department
head justifies disciplinary action; the department head may take
disciplinary action against that employee.
Unless circumstances require immediate action, before taking
any disciplinary action, the department head or Town Manager shall
inform the employee of the contemplated action and give that employee
an opportunity to respond. Except in extenuating circumstances or
when immediate action is required, prior to imposing any discipline,
the department head shall consult with the Town Manager as the
personnel director. The
Town Manager shall advise the department head with regard to the
proposed action, taking into consideration the interests of the
employees and those of the Town. The department head and Town Manager
shall give consideration to the severity of the performance problem,
violation of Policy, or misconduct and prior disciplinary actions, if
any, against the employee in question. Repeated violations of
policy, misconduct or continuing performance problems may be
considered cumulatively and will be subject to progressively more
severe disciplinary sanctions.
<![if
!supportLists]>3.
<![endif]>If legal counsel is needed prior to imposing discipline on
an employee, the Town Manager will be responsible for obtaining legal
advice.
4. Upon receiving information
and/or recommendation from a department head that an employee should
be disciplined, the Town Manager may exercise authority to take
disciplinary action or discharge action directly, or may consult with
the department head as provided herein.
Only the Town Manager may terminate, or suspend without pay,
an employee of the Town. If necessary, when the Town Manager is not
available, a department head or supervisor may suspend an employee
with pay, until the Town Manager can act.
5. If an incident requiring
immediate discipline/discharge action occurs while the department
head or Town Manager is not present, any other supervisor may take
the conditional action necessary to protect the Town or any of its
residents, visitors, employees or property in accordance with the
provisions herein.
6. Except for oral warnings or
counseling, the department head and/or Town Manager shall give notice
of disciplinary action in writing to the disciplined employee.
In the event the department head gives the disciplinary
action, a copy of the written notice of the disciplinary action shall
be given to the Town Manager. Such
notice will specify the action taken, the reason or reasons for the
action taken and the extent and duration of the discipline imposed.
This notice will be given to the employee within a reasonable
period of time after the discipline is imposed.
The written record of disciplinary action shall be maintained
in that employee’s personnel file.
Copies of written records of disciplinary action shall be
available to employees and department heads upon request.
7. Any employee aggrieved by
virtue of disciplinary action imposed by a department head may appeal
within ten (10) working days to the Town Manager.
The Town Manager may require the appeal to be submitted in
writing. The Town Manager shall give
the department head an opportunity to respond to the appeal and to
justify the action taken. The
Town Manager shall reply in writing to the appeal within ten (10)
working days, and the Manager may affirm, modify, or reverse the
action taken by the department head. The decision of the Town
Manager shall be final except where the disciplinary action taken
involves suspension without pay for more than five (5) days or
termination.
8. Any disciplinary action
imposed directly by the Town Manager shall be final except where the
disciplinary action taken involves termination of the employee or
suspension of the employee with or without pay for more than five (5)
days.
<![if
!supportLists]>9.
<![endif]>Appeal: An employee who has been suspended with or without
pay for five (5) days or more or terminated for disciplinary reasons
may appeal that action to the Town Board of Selectmen, provided that
an appeal must be filed in writing with the Town Manager within ten
(10) days of the disciplinary action taken.
The Selectmen may, in their discretion, conduct a meeting in
executive session with the employee to review the facts and
circumstances of the disciplinary action. After such review of
the facts and circumstances as they deem necessary, the Selectmen
shall vote either to affirm, modify, or reverse the discipline
imposed. This section shall not apply
to layoffs, reductions in work force, whether by elimination of
positions or separation of employees, other disciplinary action or
termination’s not attributable to cause, or to disciplinary
actions other than termination’s for cause or suspensions with
or without pay for greater than five (5) days.
<![if
!supportLists]>E.
<![endif]>Discipline of Department Heads: When in the judgment of the
Town Manager the work performance or conduct of a department head
justifies disciplinary action, the Town Manager may take disciplinary
action against that department head in the same manner and according
to the same procedures provided in this Policy for discipline of
employees in general.
46. GRIEVANCE
PROCEDURE
A. Any employee
aggrieved because of some condition of his/her employment, other than
disciplinary actions, shall have the right to appeal that
condition(s) in accordance with the procedure set forth below.
B. In the
event of a complaint, condition or problem, other than discipline,
the employee aggrieved shall, within five (5) working days from the
occurrence of the incident giving rise to the alleged dispute or
condition, attempt to adjust the dispute by discussing the issue(s)
with the employee’s department head.
The department head will respond orally to the employee within
five (5) working days discussing the issue with the aggrieved
employee.
C. If the
employee is unsatisfied with the oral decision of his/her department
head, he/she may, within seven (7) working days of the department
head’s oral decision, present the grievance again, this time in
written form to the department head.
The department head shall make his/her decision in writing and
present it to the employee within seven (7) days of the receipt of
the grievance in written form.
D. If the
grievance still remains unsettled, the employee may present it in
writing to the Town Manager within seven (7) working days after
receipt of the written response from the department head. The Town Manager will respond
to the grievance within seven (7) working days of the receipt of the
grievance in written form.
E. If the
grievance still is not resolved, the employee may present the
grievance to the Town Board of Selectmen in writing with seven (7)
working days after receipt of the written response from the Town
Manager. At their next regular
meeting, or within ten (10) days thereafter, which ever occurs first,
the Board of Selectman will consider the grievance and may meet with
the aggrieved employee for the purpose of adjusting or resolving such
grievance and the Board of Selectmen will render their final written
decision promptly. The
decision of the Board of Selectmen shall be final and binding on all
persons affected by the grievance.
F. All
grievances shall be commenced not later than five (5) working days
after the occurrence or event giving rise to the alleged grievance or
within five (5) working days after the time such event becomes known
or should have been known to the employee, whichever is later.
47. SEVERABILITY
CLAUSE
If any provision
of this Policy or the application thereof to any person or
circumstance is held to be invalid, this invalidity shall not affect
other provisions or application of this Policy which can be given
effect without the invalid provision or application, and for this
purpose the provisions of the Policy are severable.
Any provision of this Policy may be reformed or modified by a
court of competent jurisdiction so as to enforce, and to give full
force and effect, to said provision to the fullest extent permitted
by law.
Except to the extent the
authority is vested solely in the Town Manager by statute, the Board
of Selectmen may waive or modify any provisions of this policy if the
strict application of the Policy to a particular situation is
impractical or would result in hardships. Requests for a waiver or
modification shall be considered only with respect to particular
situations and a decision in one situation shall not create a
precedent applicable to any other person or situation.
EFFECTIVE DATE
The effective
date of the revised Personnel Policies is October 4, 2010.
TURNER BOARD OF SELECTMEN
________________________________
_________________________________
Angelo Terreri
________________________________
_________________________________
Richard Keene
Jeffrey Timberlake
________________________________
Dated ____________________________
Dennis Richardson
Personnel Policy
I have
received an approved copy of the Personnel Policy as adopted by the
Board of Selectmen on Adopted
August 1, 1986
And as Amended
April 20, 1992
Amended
January 4, 1993
Amended
April 1994
Amended
March 20, 1995
Amended
April 3, 1995
Amended
February 3, 1997
Amended
June 19, 2000
Amended
October 16, 2000
Amended
July 1, 2001
Amended
August 20, 2001
Amended
July 1, 2004
Amended
January 16, 2007
Amended
May 21, 2007
Amended
June 2, 2008
Amended
Feb 2, 2009
Amended
July 1, 2010
Amended
October 4, 2010
I fully
understand my rights, benefits, and obligations as contained in this
document.
Signature
of Employee
Date Signed
A copy of
this acknowledgment will be placed in the employees personnel file
located in the Town Office.
APPENDIX A
Sick
Time Bank Plan
A Purpose.
The purpose of the sick
time bank is to provide eligible employees with additional sick time
to alleviate hardship caused from catastrophic illness or injury
which forces the employee to exhaust all sick time and thereby lose
compensation.
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B Definitions.
(1) “Catastrophic injury or illness” is defined as a severe
condition or combination of conditions affecting the physical health
of an employee. The catastrophic injury or illness must require the
continuing services of a physician.
(2) “Treasurer” means the Treasurer of the Town of
(3) “Contributing employee” means an employee that
contributes sick time to the sick time bank who is entitled to sick
time as outlined in the personnel policy.
(4) “Employee” means an employee of the Town of
(5) “Chairman” means the Chairman of the Board of Selectmen
of the Town of
(6) “Review committee” means the Town Manager, two Town
Employees, and Chairman of the Board of Selectmen or his or her
designee.
(7) “Sick time day” means one actual sick time accrual day
or eight-hour equivalent. Sick time shall be contributed and used
based upon eight-hour equivalent days.
(8) “Town” means the Town of
(9) “Town Manager” means the Town Manager of the Town of
(10) “Annually” means July 1 to June 30 of the fiscal
budget year.
C Eligibility and Limitations.
(1) The sick time bank is available to those employees who have
completely exhausted all paid time off and are not receiving
disability benefits under worker’s compensation or an existing
disability plan that they are a participant in.
(2) Eligibility for participation in the sick time bank is effective
after the assigned probationary period has been completed and then on
a prorated basis as follows:
After 1 year of service up to two weeks from the Sick Time Bank
After two years of service up to four weeks from the Sick Time Bank
After three years of service up to six weeks from the Sick Time Bank
After four years of service up to eight weeks from the Sick Time Bank
After five years of service up to ten weeks from the Sick Time Bank
After six years of service up to twelve weeks from the Sick Time Bank
(3) Eligibility for participation in the sick time bank will
discontinue upon employee’s termination of employment or death
of the employee.
(4) Any sick time remaining in the sick time bank at the end of the
fiscal year will be carried over to the next fiscal year to an
accumulative total of 1,000 hours.
(5) No accumulation of vacation will be granted during the use of
authorized sick time.
(6) Participation in the sick time bank program is by policy.
D Donations.
(1) Any employee who has an unused balance of accumulated sick time
at June 30 shall be paid for one half of the remaining balance. The
other half will lapse to the bank if needed to maintain the maximum
1,000 hours, and the remaining hours, if any, expire. A form, as
provided by the Treasurer, indicating the number of sick days to be
paid and or transferred to the sick time bank will be provided to
each employee qualified to participate annually.
(2) Qualifying employees will
be granted on July 1, ninety six ( 96 ) sick time hours for their use
during the fiscal year in his/her account.
(3) Contributing employees may not designate a particular employee to
receive the donated hours.
(4) All contributions to the sick time bank remain the property of
the sick time bank and under no circumstances can a contributing
employee withdraw his/her contributed sick time from the sick time
bank.
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E Withdrawals.
(1) An employee must request use of sick time from the sick time bank
on the application for sick time bank form, as provided by the
Treasurer. The application for sick time bank form must then be
presented to the Treasurer of the town with verification from the
employees department as to sick time available.
(2) In the event that an employee is physically unable to make a
request to the sick time bank for use of sick time days, a family
member or his designee may file the request.
(3) All requests for use of sick time from the sick time bank must be
accompanied by a physician’s statement that includes the
beginning date of the condition, a description of the illness or
injury and the prognosis for recovery. All requests should also
indicate the estimated sick bank time.
(4) The review committee will render a decision to the employee
within seven working days after receipt of the request. The amount,
if any, of sick time granted for each request will be determined by
the review committee subject to the limits in C (2) and can not
exceed twelve ( 12 ) work weeks or four hundred eighty ( 480)
hours.
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F Appeal Process.
(1) In the event an employee is denied use of time from the sick time
bank, the employee may appeal the decision to the Board of Selectmen
of the Town within ten (10) days of receipt of denial. The Board of
Selectmen must provide a report that includes the decisions made on
each appeal presented within fifteen days of receipt of any
appeal.
(2) Formal written letters of appeal must be submitted to the Town
Manager.
(3) A formal response to such appeal must be issued within fifteen
working days of receipt. Such formal response is final and
binding.
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G Effective Date.
The effective date of the sick time bank plan will be July 1, 2010.
Adopted March 2010 and became Appendix A of the Personnel Policy as of
July 1, 2010, Amended October 4, 2010
Application to Receive Hours from
the Sick Time Bank
Employees
with their own serious health condition who have exhausted their
personal sick time may apply to the Sick Time Bank Review Committee
to “access” the sick time bank for additional paid sick
days. Use of the sick time bank is limited to illnesses or injuries
that qualify as disabilities under B – Definitions: (1) in the
Sick Time Bank Plan. In no event will any award(s) allow an employee
to use over 480 hours.
Name
(please print): ____________________________________________________
Date
of Hire ___________________________________________________________
_____
I have successfully completed my probationary period.
initial
_____
I have a physician’s certification of a serious health condition
(as defined by the initial Family
Medical Leave Act).
_____
I am on an approved full-time medical leave of absence.
initial
_____
I am eligible for and have applied for short-term disability
benefits.
initial
_____
I am not eligible for short term disability benefits.
initial
_____
I have exhausted all paid time off with one week vacation reserved.
initial
_____
I am not receiving disability benefits under worker’s
compensation or under an initial existing
disability plan that I am a participant in.
_____
My available vacation balance is less than the number of hours in one
week of my initial regular
work schedule.
Please
accept this application as a request for sick time hours from the
Sick Time Bank. I understand that all applications are reviewed and
held in confidence and that awards will be made based on the number
of hours available in the bank, the number of requests, and previous
awards I have received.
Signed:
_____________________________________ Date: ______________________
Approved by:
________________________________ Date: ______________________
Chairman
el:3/2010
APPENDIX B
Personal Protective Equipment CFR 1910.132 Personal protective equipment includes all clothing and other workplace accessories designed to create a barrier against workplace hazards.
The
Quiz Time! 1.
Personal protective equipment is designed to create a: a. positive
atmosphere within the workplace b. barrier against workplace hazards
c .a false sense of security1.Using personal protective equipment
requires hazard awareness and training on part of the user. a. True
b. False
Circle the correct answer below. Identifying Hazards To Your Body Impact Penetration Compression roll
(roll-over) Chemicals Heat Harmful dust light radiation Eye and Face Protection
General Requirements Each
affected employee shall use appropriate eye or face protection when
exposed to eye or face hazards from flying particles, molten metal,
liquid chemicals, acids or caustic liquids, chemical gases or vapors,
or potentially injurious light radiation Eye and Face Protection,
Cont. PPE
: Safety Glasses Goggles Face Shields Face Shields Protection
from: Flying particles Light Dust, Mist, Vapors Splash hazards
Chemical Exposure Chemical Exposure Head Protection General
Requirements All head
protection is designed to provide protection from impact and
penetration hazards caused by falling objects. The
employer shall ensure that each affected employee wears a protective
helmet when working in areas where there is a potential for injury to
the head from falling objects. Head Protection, Cont. PPE:
Hard Hats (Electrical & Non Non--electrical rated) Welding
helmets Protection from: Falling objects Impact
Welding radiation By radiation & By--products Foot Protection
General Requirements The
employer shall ensure that each affected employee uses protective
footwear when working in areas where there is a danger of foot
injuries due to falling or rolling objects, or objects piercing the
sole, and where such employee’s feet are exposed to electrical
hazards Foot Protection, Cont. PPE: Steel Toe Grip Tread Puncture Proof
Electrically rated Chemical rating Protection from: Roll over Impact Puncture
Electrical Shock Chemical exposure Hand Protection General
Requirements Employers
shall select and require employees to use appropriate hand protection
when employees’ hands are exposed to hazards such as those from
skin absorption of harmful substances; severe cuts or lacerations;
severe abrasions; punctures; chemical burns; thermal burns; and
harmful temperature extremes. Hand Protection, Cont. PPE: Thermal protection (Hot/Cold) Cut
resistant / Cut Proof Electrically rated Chemical Rated Protection from: Cuts Abrasions Burn /
Freeze Chemical contact Quiz Time!
Circle
the correct answer below.1.Head protection can provide protection
from radiation and by products. a. True b.False2.The employer must
ensure that each employee, whose feet are exposed to electrical
hazards, uses protective footwear. a. True b. False
Engineering
Controls Personal protective equipment should not be
used as a substitute for engineering , work practice, and/or
administrative controls. PPE should be used in conjunction with these
controls to provide for employee safety and health in the workplace.
Training General Requirement’s the
employer shall provide training to each employee who is required by
this section to use PPE. Each such
employee shall be trained to know at least the following: Training,
Cont. When PPE is
necessary; What PPE is
necessary; How to
properly don, remove, adjust, and wear PPE; The limitations of the PPE; The proper
care, maintenance, useful life and disposal of the PPE. Training,
Cont. Each
affected employee shall demonstrate an understanding of the training
specified in paragraph (f)(1) of the General Requirements section, and the ability to use PPE properly, before
being allowed to perform work requiring the use of PPE.
Employee
Where employees provide their own
protective equipment, the employer shall be responsible to assure its
adequacy, including proper maintenance, and sanitation of such
equipment. Employee-Owned Equipment Retraining When the
employer has reason to believe that any affected employee who has
already been trained does not have the understanding and skill
required by paragraph (f)(2) of the General requirements section, the
employer shall retrain each such employee. Retraining Is Required,
But Not Limited To: Changes in the workplace render training
obsolete; Changes in
the types of PPE to be used render training obsolete; Inadequacies in an affected employee’s
knowledge or use of assigned PPE indicate that the employee has not
retained the requisite understanding or skill. Training Documentation
Employers are required to certify in
writing that training has been carried out and that employee
understand it. Each written certification shall contain the name of
each employee trained, the dates(s) of training, and identify the
subject certified. PPE - Where In The Standard? General
requirements CFR 1910.132 Eye and
Face protection CFR 1910.133 Respiratory protection CFR 1910.134 Head
protection Electrical
protective devices CFR 1910.137 Hand
protection CFR 1910.138
Non- mandatory guidelines CFR 1910 Subpart I App
CFR 1910.135 A&B Remember! PPE devices
alone should not be relied on to provide protection against hazards,
but should be used in conjunction with guards, engineering controls,
and sound manufacturing practice.
Any
Questions? Quiz Time! Circle the correct answer below.
1.
Personal protective equipment should never be used in conjunction
with engineering or administrative controls. a. True b. False
2. Where
the employees provide their own protective equipment: a. the employer
is relieved of all responsibility for the employee’s safety b.
The employer must compensate the employee for the cost of the
equipment c. The employer shall be responsible to assure equipment
adequacy, including maintenance, and sanitation.