The text
Footnotes:
--- (1) --- Charter reference— Town council's authority to enact a personnel system, § 207(f); personnel regulations, §§ 1201—1208.
Cross reference— Any personnel regulations, any ordinance or resolution establishing salaries of town officers and employees or civil service rules saved from repeal, § 1-10(3); administration, ch. 2; officers and employees, § 2-61 et seq.
ARTICLE I. - IN GENERAL#
Sec. 20-1. - Definitions.#
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Active list means a list of persons who are eligible to be certified to vacancies in a given class of positions.
Allocation of position means the action taken to place a new position in an appropriate class of position and officially assigning to that position the class title for such appropriate class of position.
Appointing authority means the town council having the power by virtue of an ordinance adopted July 28, 1972, to make appointments to positions in the town service, excepting school personnel, and excepting officers and employees who are otherwise provided for under the Home Rule Charter.
Available eligible means any person whose name appears upon a promotional list and who is available for appointment to a given position.
Certification means the act of submitting the required number of available names on an appropriate list to the town administrator for the purpose of making an appointment.
Class specification means a written statement of the duties and/or responsibilities characteristic of a class of position and includes the education, experience, capacity, knowledge, skill and other qualifications to be required to perform the work of the class position.
Classification plan means an orderly arrangement of positions into separate and distinct classes so that each class will contain those positions which involve similar skills, duties and responsibilities.
Classified service means all offices and positions of trust or employment in the town service, whether paid or unpaid, full-time or part-time, temporary or permanent, existing or hereafter created except those placed in the unclassified service by the state merit system act or by subsequent acts.
Demotion means a change of an employee from a position of one class to a position of another class for which a lower maximum rate of pay is provided.
Dismissal means separation of an employee from the town service other than by lay off, resignation or retirement.
Lay off means an involuntary separation of an employee from a position in the town service either by reason of reduction of force due to lack of work or lack of funds or by reason of abolishment of the position.
Open competitive examination means an examination which permits persons to compete who meet the requirements of the official announcement and the appropriate class specifications but is not restricted to persons currently employed by the town. Residence requirements are sometimes waived as provided by law.
Ordinance means the personnel ordinance of the town.
Pay plan means a schedule of salaries established for the several classes of positions recognized in the classification plan so that all positions of a given class will be paid the same rate or range established for the class.
Position classification means the process of ascertaining, analyzing and evaluating the current duties and responsibilities of a position for the purpose of determining its relative place in the classification plan.
Promotional appointment means a competitive examination in which competition is open only to persons who hold a position in the town service and who hold or within three years have held permanent status in the classified service and who meet the requirement of the official announcement and the appropriate class specification.
Promotional list means a list of names of employees, arranged in order of their ratings, who have been found qualified through suitable tests for promotion to positions in higher classes under the provisions of this chapter.
Public hearing means a hearing, held after public notice of at least five calendar days, at which interested persons may appear and be heard on the matters involved.
Resignation means a separation of an employee from his position in the town service by his own voluntary act [or] by an unauthorized absence from his position for such a period as is specified in the rules.
Rules means the personnel rules of the town.
Town administrator means the November-elected town administrator.
(Code 1972, § 15-11)
Cross reference— Definitions generally, § 1-2.
Sec. 20-2. - Physical examinations.#
(a)
The appointing authority shall establish a physical examination program which shall require persons employed in positions, in the classes he shall designate, to be examined by a physician and present certification that they are physically capable of performing the duties required and that their employment in such positions will not be harmful to the town, or its employees or other persons.
(b)
The appointing authority may require such physical examination at the time of appointment and at such other times as may be designated in regulations promulgated for such purpose, and shall refuse to approve the appointment of any person who fails to comply with such rule, or after appointment, shall refuse to certify any payroll bearing the name of any person who fails so to comply.
(Code 1972, § 15-71)
Sec. 20-3. - Conduct of employees.#
(a)
In accordance with the provisions of this chapter it is the duty of all employees to so conduct themselves inside and outside their offices as to be worthy of the esteem a public employee must enjoy.
(b)
Therefore, it shall be the policy of the town that no town employees shall engage in any outside business activities, however remote from the function of their office, which would in any way interfere with the employees' performance of their regular duties, or embarrass or bring discredit to the employees or the town. Town employees who avoid or ignore this policy shall be subject to disciplinary action.
(c)
Furthermore, whenever town employees shall so conduct themselves as to cause scandal or to lose or jeopardize such esteem, they may be dismissed for the good of the service, subject to the provisions of the law and rules.
(Code 1972, § 15-72)
Sec. 20-4. - Demotions.#
When the services of an employee who holds permanent status are not satisfactory, the appointing authority may demote the employee to a position in a lower class and grade, and such employee shall be granted permanent status in the class of position to which they have been demoted. The compensation in such lower class shall be determined by the provision of section 20-116. An employee may be granted a demotion upon request, when recommended by their appointing authority. Such demotion shall be termed a voluntary demotion and shall not be deemed a disciplinary action.
(Code 1972, § 15-73)
Sec. 20-5. - Resignation.#
(a)
An employee in the classified service desiring to resign in good standing shall give his department head notice of at least 14 calendar days prior to termination of services. Such resignation shall be submitted on the appropriate forms, signed by the employee.
(b)
Any employee who is absent from duty without authorized leave for five consecutive working days, or who fails to resume his duties at the expiration of a leave of absence, shall be deemed to have resigned without notice. Such resignation shall be submitted on the appropriate form, signed by the appointing authority, and must be approved by the personnel board to become effective. Such resignation shall be not in good standing unless otherwise requested by the appointing authority and approved by the personnel board. In each instance of such resignation without notice, a copy of such action shall be mailed by the appointing authority to the last known address of the employee within five days after the approval of the personnel board.
(Code 1972, § 15-74)
Sec. 20-6. - Union agreements.#
Nothing in this chapter is to be interpreted as altering agreements reached through negotiation between the town and the recognized union and association representatives relative to prescribed procedures of appeal and arbitration of grievances.
(Code 1972, § 15-75)
Sec. 20-7. - Conflicts of interest.#
(a)
Any violation of section 1310 of the Charter is determined to be a conflict of interest violation.
(b)
Any resident of the town or other interested citizen may instigate an inquiry into a possible conflict of interest violation. An investigation may be instigated by presenting a written statement of an alleged violation to the town administrator, town solicitor, or any member of the town council, who, after determining that there may be merit to the complaint, may present the same to the town council for appropriate action.
(c)
The town council is empowered to conduct conflict of interest hearings. Upon receipt of a statement of alleged violation, the council may proceed to a conflict of interest hearing or may conduct its own investigation in order to determine whether or not a hearing should be held.
(d)
The party charged with conflict of interest shall be entitled to notice. The notice shall be in writing, shall be definite and certain and must contain sufficient specifications in order to adequately inform the party charged so as to enable him to prepare an explanation or a defense. The notice may be personally served by any person eligible to serve subpoenas, or may be mailed to the party charged. The notice shall allow the party charged reasonable time before the hearing date to prepare his explanation or defense. The party charged may waive notice and proceed to the hearing.
(e)
The party charged shall have the right to counsel. He shall have the right to subpoena witnesses or otherwise meet the charges with other competent evidence. He shall have the right to cross-examine all witnesses. He shall have the right to present oral argument.
(f)
All witnesses will be sworn and their testimony given under oath.
(g)
The hearing shall be generally informal in that there will be no strict procedural rules. The technical rules of evidence will be suspended to the extent that no frivolous or irrelevant matters will be permitted. In the event of any dispute over procedure or evidence, a vote of the town council shall be binding.
(h)
The decision of the town council shall be based on competent and substantial evidence and by a fair preponderance of the evidence.
(Code 1972, § 15-1)
Sec. 20-8. - Registration of municipal employees and town officials.#
(a)
Engagement of office. Every person appointed to office and every employee of the town shall, before he shall act therein and before he shall be compensated therefor, have his name and address filed with the town clerk.
(b)
Filing. Filing shall be a communication of the appointing or employing authority to the town clerk. Such filing shall be a permanent record and a public record.
(c)
Reports of changes in status of employees. Every appointment, transfer, promotion, dismissal, vacancy, change of salary rate, except across-the-board changes or changes made by budget appropriation, leave of absence, absence from duty and other service of the town, shall be reported and filed with the town clerk.
(Code 1972, § 15-2)
Secs. 20-9—20-40. - Reserved.#
ARTICLE II. - CLASSIFICATION AND PAY PLAN#
Sec. 20-41. - Classification plan.#
(a)
The classification plan shall consist of the approved class specifications adopted for each class of position in the town classified service. Class specifications are intended to be descriptive and explanatory and are not necessarily inclusive or exclusive.
(b)
In determining the class of position to which any position should be allocated, or reallocated, the specification of each class shall be read as a whole. Consideration shall be given to the general and specific duties, responsibilities, qualifications required for appointment, and relationship to other classes, as together affording a description of the kind of employment that the class is intended to embrace or include. The use of a particular expression or illustration as to the duties, and/or responsibilities shall not be held to exclude others not mentioned that are substantially similar as to kind and level of difficulty and responsibility.
(c)
Whenever new positions are authorized and created, whenever the duties and responsibilities of existing positions change, or whenever the classification plan is amended, the positions shall be reviewed in cooperation with the appointing authority.
(d)
When a class specification is revised, the incumbents of positions in the class shall be employed in the revised class with the same status held prior to the revision and if the pay range is changed in a concurrent action, the appropriate rate or step in the new range shall apply.
(Code 1972, § 15-21)
Sec. 20-42. - Pay plan.#
For the convenience of all concerned, the regulations affecting the administration of the pay plan have been included in the appropriate sections of this chapter.
(Code 1972, § 15-22)
Secs. 20-43—20-75. - Reserved.#
ARTICLE III. - EXAMINATIONS#
Sec. 20-76. - Notice.#
(a)
Announcement. The town administrator shall prepare official announcements for open competitive and promotional examinations which shall include the following information:
(1)
The title, salary range and a brief statement of the duties to be performed in the class to be examined.
(2)
The opening and closing date of the application period and places where applications may be obtained.
(3)
The relative weights assigned to the various phases of the examination.
(4)
The minimum required final earned rating.
(5)
The requirements as to residence and citizenship.
(b)
Publication. The official announcement of all examinations shall be posted in the town hall, published in at least one weekly newspaper published in the state, and may be forwarded for publication to other daily newspapers published in the state.
(Code 1972, § 15-31)
Sec. 20-77. - Application.#
(a)
All applications for examinations shall be made on forms prescribed by the town administrator and shall constitute an integral part of every examination. On such forms the town administrator may require information as to the education, training and experience of the applicant and such other information as he may deem pertinent. The town administrator may require any applicant for any examination to submit documented proof of the possession of any license, certificate, degree or other qualification claimed or required by law or these rules and may refuse credit for such claimed or required qualification in the absence of such proof.
(b)
Claims made by applicants relative to citizenship, residence, preference as a war veteran or disabled war veteran, age, education, experience or other evidence of eligibility or qualification shall be subject to verification, by authentic proof thereof, under such regulations as the town administrator may prescribe, and credit for such claims may be denied in the absence of such proof.
(c)
No application may be accepted after the close of the announced filing period, except that the town administrator may order the acceptance of any application or information supplementary thereto received after the close of such period and at least seven calendar days prior to the administration of the first phase of the examination. This period shall be called the grace period.
(Code 1972, § 15-32)
Sec. 20-78. - Disqualification of applicants.#
(a)
The town administrator may deny admission to examination to any applicant, if the information contained in such application conclusively shows that the applicant has failed to present evidence that he possesses sufficient qualifications to warrant examination, as set forth in the specifications for the class of positions.
(b)
Information as to education and experience as submitted in such application and subject to verification as provided in section 20-77 shall be the major factor upon which the town administrator may reject or accept the application of any applicant for admission to examination.
(c)
After an application has been filed, and the grace period has ended, no supplementary statement, explanation or additional claim of qualification may be accepted or considered in any appeal from denial of admission to the examination or from any examination ratings, except that the town administrator may request from the applicant or any other source such information as he deems necessary to clarify or verify statements on claims appearing in the original application and may accept all of such information or such part as he deems appropriate as part of the original application. Nothing in this section shall be interpreted, however, to require the town administrator to request such information, nor shall his failure to do so constitute a grievance in any instance.
(d)
The town administrator may reject the application of any person for admission to an examination, may refuse to examine an applicant; or, after examination, may remove his name from the employment list, or may refuse to certify for appointment; or, following certification, may withdraw the certification of any eligible:
(1)
Who is physically or mentally so disabled as to be incapable of proper performance of the required duties;
(2)
Who is addicted to the use of narcotics or excessive use of intoxicating liquors;
(3)
Who has been found guilty of any infamous or notoriously disgraceful conduct;
(4)
Who has been dismissed from the state service for delinquency, misconduct or other similar cause;
(5)
Who has made false statement of material fact in his application;
(6)
Whose conduct during an examination is deemed to be improper; or
(7)
Who has otherwise violated this chapter.
(e)
Any person who feels aggrieved by a decision of the town administrator under this section may appeal to the personnel board.
(Code 1972, § 15-33)
Sec. 20-79. - Conduct.#
(a)
Policy statement. Appointing authorities or their duly authorized representatives shall be granted, at their request, the privilege of reviewing proposed examination material, to ensure a proper relationship between the examination and the positions to be covered by the resulting lists, except when such examinations are standardized printed examinations mailed sealed from authorized agencies.
(b)
The personnel board shall make all reasonable effort to preserve the anonymity of candidates. The use of identification numbers instead of names on all test papers shall be required.
(c)
When an employment or promotional list is established, each candidate shall be notified by mail of his relative position on the employment or promotional list or his failure to attain a place on such list.
(d)
If the personnel board is of the opinion that the conditions under which any examination was held were not such as to be fair to the candidates, it may order that the completed examination or any part thereof be cancelled and that a new examination be held.
(e)
Whenever two or more competitors have qualified earned ratings, their names shall be arranged on employment or promotional lists in the order of their performances in the written tests; provided, however, that when such arrangement fails to resolve a tie, the order on the lists shall be the same as the order in which their applications were time-stamped or by seniority within the town service. Where practical, determination by seniority shall have preference.
(f)
A manifest error in any examination, if called to the attention of the personnel board within ten calendar days after the establishment of a list resulting from such examination, shall be corrected by it. Persons affected by such correction shall be notified by mail.
(Code 1972, § 15-34)
Sec. 20-80. - Review.#
Any examinee, or his authorized representative, shall be permitted to review the test papers of such examinee, and the score assigned thereto, under the following conditions: (1)
All phases of the examination must have been completed and the lists established therefrom.
(2)
Written request for such review must be made to the personnel board by the examinee or his authorized representative within five calendar days after the mailing of the official notice of examination results of the examination to him by the personnel board or town administrator.
(3)
Such review shall be permitted only in the office of the town administrator, during business hours, in the presence of a person designated by the town administrator to assist in the review and to safeguard official records from addition, deletion or other alteration.
(Code 1972, § 15-35)
Sec. 20-81. - Appeal from results.#
(a)
Within five calendar days after the review of an examination, as provided for in section 20-80, or within ten calendar days after the mailing of the results of the examination to the examinee by the personnel board, whichever date is later, an examinee who considers himself aggrieved by such results may file with the personnel board an appeal from the score assigned him in such examination and be heard at reasonable length thereon. Such appeal shall be in writing and shall include a detailed statement of the items of the examination to which exception is taken by such examinee. The personnel board shall render its decision within five days after the conclusion of such hearing.
(b)
Any changes in lists resulting from the procedures outlined in subsection (a) of this section or following sections shall not invalidate any certification or appointment previously made from such lists.
(Code 1972, § 15-36)
Sec. 20-82. - Promotional examination.#
(a)
Eligibility requirements. Promotional examinations shall be conducted in the same manner as open competitive examinations, subject to the following conditions: A person is eligible for promotional examination if he satisfies all the following requirements on the closing date for filing applications in the official announcement of the examination:
(1)
He must hold a position in the town service.
(2)
He must meet the minimum requirements established for the examination.
(3)
He must hold or within three years have held permanent status in the town service.
(4)
His service ratings must be considered.
(b)
Basis. Whenever the personnel board shall deem the best interests of the town to be served thereby, it may conduct promotional examinations on a divisional or departmental basis, in which case admission to such examinations shall be restricted to candidates who meet the require ments of subsection (a) of this section and whose employment requirements shall be met through service in the departments designated in the announcement.
(c)
Promotion to chief of police. Promotions to chief of police shall be made upon the following basis:
(1)
In order to be eligible for promotion to the grade of chief of police, the candidate for promotion shall be a police officer with at least three years' experience above the rank of patrol officer in any organized police department.
(2)
Applicants must take a written examination furnished by a testing concern outside the state. Such examination shall be obtained by, conducted by, and scored by the personnel board of the town. Points for the written examination will be apportioned so that out of the total possible score, no more than 60 points may be obtained on a written examination.
(3)
Each applicant shall be evaluated by the director of public safety. These evaluations shall be submitted to the personnel board prior to the conduct of the written examination and must be in the form of a numerical quantity not to exceed a value of 30 points.
(4)
Points shall be awarded on the basis of experience in any organized police department at the rate of two points for each year of experience and counted toward the total score of the applicant. However, in no event shall experience credits be accumulated to more than ten points.
(5)
The personnel board shall total the points from the written examination, evaluation and experience to compute the final grading and certify the names and scores of applicants. The personnel board shall prepare a listing of applicant's names and scores and provide this list to the director of public safety who shall select for promotion from the three applicants receiving the highest scores. Promotion of the applicant shall be made by the director of public safety within 30 days of the certification of scores. Examination of scores and standing of each applicant shall be provided to the applicant requesting his score, but scores and standing shall not be open to the general public.
(6)
The personnel board shall maintain the list of applicants' names and scores for a period not to exceed one year from the date on which it was originally established; at the expiration of the year a new examination must be given and a new certified list established for future promotions.
(d)
Promotion to fire chief. Promotions to fire chief shall be made upon the following basis:
(1)
Qualifications. In order to be eligible for promotion to the grade of fire chief, the candidate shall:
a.
Be a member of the town fire department; and
b.
Have at least three years' active experience in the field of firefighting and fire prevention.
(2)
Application scoring system. Upon meeting the threshold qualifications listed in subsection (1) above, an applicant shall then be evaluated on the basis of a 100-point scale, with the availability of points as follows: written examination (60 points), experience (20 points), interview with the town administrator (20 points).
a.
Examination. Applicant must take a written examination furnished by a testing concern outside the state. Such examination shall be obtained by, conducted by, and scored by the personnel board of the town. Points for the written examination will be apportioned so that out of the total possible score, no more than 60 points may be obtained on a written examination.
b.
Experience. Points shall be awarded on the basis of experience in the town fire department at the rate of two points for each year of experience and counted toward the total score of the applicant. No more than 20 points may be awarded on the basis of experience.
c.
Interview. Each applicant shall be evaluated by the town administrator and these evaluations shall then be submitted to the personnel board. No more than 20 points may be awarded on the basis of performance in the interview.
(3)
Final selection. The personnel board shall total the points from the written examination, evaluation, and experience to compute the final grading and certify the names and scores of the applicants. The personnel board shall prepare a listing of applicants' names and scores and provide this list to the town administrator. The town administrator shall interview the applicants receiving the three highest scores a second time. From this group the town administrator shall select a new fire chief. Promotion of the applicant shall be made by the town administrator within 30 days of the certification of scores. Examination of scores and standing of each applicant shall be provided to the applicant requesting his/her score, but scores and standing shall not be open to the general public.
(4)
The personnel board shall maintain the list of applicants' names and scores for a period not to exceed one year from the date on which it was originally established; at the expiration of the year, a new examination must be given and a new certified list established for future promotions.
(e)
Promotions to sergeant. Promotions to sergeant shall be made upon the following basis:
(1)
In order to be eligible for promotion to the grade of sergeant, the applicant must have five years of continuous service as a patrol officer, including his probationary period. Promotions to office in ranks above the rank of sergeant shall be open to all officers in the grade next below the grade in which the vacancy exists, with the exception to the chief of police.
(2)
Applicants must be high school graduates or possess a high school equivalency certificate before becoming eligible for promotion to sergeant.
(3)
Applicants must take a written examination from a qualified testing company engaged by the town personnel board and scored by the testing company or the personnel board. Such examination shall be obtained, conducted and scored by the personnel board of the town. The points for the written examination will be apportioned so that out of the total possible score, no more than 60 points may be obtained on a written examination.
(4)
Applicants shall be evaluated by the chief of police of the town police department and the points for this evaluation shall be apportioned so that no more than 15 points of the total possible score may be obtained.
(5)
Points shall be awarded on the basis of seniority in the town police department on a basis of two points for each year in the department and counted toward the total scores of the applicant. However, in no event shall seniority credits be accumulated to more than 15 points.
(6)
The personnel board shall total the points from the written examination, evaluation and seniority to compute the final grading and certify the names and scores of the applicants to the town administrator/director of public safety who shall select for promotion from the three officers receiving the highest score. Promotion of the officer shall be made by the town administrator/director of public safety within 30 days of the certification of scores. Examination of scores and standings of each candidate shall be provided to the candidate requesting his score.
(Code 1972, § 15-37; Ord. No. 2005-11, 3-16-05; Ord. No. 2006-34, 10-25-06; Ord. No. 2007-07, 2-28-07; Ord. No. 2020-05, 9-9-20)
Sec. 20-83. - Compliance with federal standards.#
The following provisions are adopted to provide for compliance with the federal standards for a merit system of personnel administration by those agencies receiving grants-in-aid under federal statutes which require application of personnel standards on a merit basis: To the maximum extent possible, lists of eligibles established through open competition will be maintained for those classes where vacancies can be anticipated. Since it may not be possible to fill all vacancies from such lists, the appointing authority will determine, as of June 30 and December 31 each year, the classes in which temporary employees are serving in the federally grant-aided agencies subject to the federal merit system standards. He will conduct an examination during the six-month period following this determination for each such class for which an examination had not been held during the six-month period preceding the date the determination was made.
(Code 1972, § 15-38)
Secs. 20-84—20-115. - Reserved.#
ARTICLE IV. - CERTIFICATION#
Sec. 20-116. - Procedures.#
(a)
Prior to the establishment of a list of eligibles for a class of position, or when such a list is established, the appointing authority shall request each candidate or eligible to notify him within five calendar days of the date of the mailing of notice to him, whether or not he is available for certification to any vacant position in the class of position. When such notice of availability is returned to the appointing authority, the decision of the eligible shall be recorded; and certification of those available shall proceed according to law. When in the process of certification an available eligible is properly reached on such list, the appointing authority shall notify such eligible that he has been certified to an appointing authority for an interview relative to appointment to a position in the class of position for which the list was established, or deemed appropriate. It shall be the responsibility of each such eligible when so notified to contact the appointing authority for an interview relative to appointment.
(b)
In the event of failure on the part of the eligible to return such notice of availability to the appointing authority within the time allowed, he shall be deemed unavailable for such certification and his name shall be placed on the inactive list until such time as he properly establishes his availability for such position. If an available eligible fails to report to an appointing authority for an interview within five calendar days from the date of notice of certification was mailed to him at his last known address by the appointing authority, he shall be deemed to have refused such certification and the appointing authority may order his name placed on the inactive list for such position.
(c)
If an eligible who has been certified accepts an appointment and thereafter fails to present himself for duty on the date he is instructed to do so, he shall be deemed to have refused appointment, and his name shall be placed on the inactive list for such position.
(d)
It shall be the duty of the appointing authority to accord to each eligible certified to him the opportunity of an interview relative to appointment, and no appointment shall be effective unless such opportunity has been so accorded each certified eligible.
(e)
The appointing authority requesting certification of a list of eligibles shall make an appointment within ten calendar days from the date such list is mailed to him by the personnel board.
(f)
All appointments to positions in the town service shall be made at the minimum salary applicable to the class with the following exceptions:
(1)
Upon recommendation of the appointing authority, appointments of employees who leave one class of position to accept appointment in another may be made at the existing salary of such employees; provided, however, that no appointment shall be made at any salary higher than the maximum of the range, except that the provisions of this chapter shall apply to longevity increases. When under the provisions of this section an existing salary falls between two successive steps of the new salary range, the appointment shall be made at the higher step. However, upon recommendation of the appointing authority concerned, an employee who leaves one class of position to accept appointment in another class of positions, which is in a higher pay range, may be appointed at that pay rate within the established range for the new class, which is next above his present rate of pay or the minimum of the new class, whichever is the greater; when under the provisions of this section the employee's existing salary falls between two successive pay rates of the new range, the appointment shall be made at the higher pay rate; plus one additional pay rate; provided, however, that no appointment shall be made at any salary higher than the maximum of the range except that the provisions of this chapter shall apply to longevity increases.
(2)
When an employee is required to work in a higher class of position for a period of 11 consecutive days or more, such employees shall receive the lowest salary rate of that higher class which will provide a pay increase of at least one step over his present base rate retroactive to the first day of such assignment.
(Code 1972, § 15-41)
Sec. 20-117. - Rules and procedures for personnel board hearings.#
(a)
Notification and time. An employee whose petition is accepted may be granted a meeting with the personnel board. The employee shall be notified by mail as to the time and place by authority of a majority of members of the personnel board during the regular meeting at which time the petition is taken. The time and place of the hearing shall be mutually convenient to all parties including the personnel board.
(b)
Right to be heard. The petitioning employee or his legal advisor at the onset of the meeting must first establish that he is a permanent employee covered by the personnel system of the town in accordance with the Charter of the town, the classification system and such personnel rules as established by the personnel board.
(c)
Type of hearing. Once the petitioning employee has established his right to be heard, he may then decide whether the hearing shall be open to the public.
(d)
The hearing. The hearing shall be conducted as follows:
(1)
The hearing shall be conducted by the personnel board. A quorum shall consist of at least three board members and a majority of the members present may determine any matter legally before them. Any board member who did not hear all of the evidence shall not vote on the final deliberations of the board.
(2)
Each personnel board member may question the petitioning employee or witness thereof at any length.
(3)
The personnel board can insist upon seeing documentary evidence to back up any allegations by the petitioning employee or by any witness. This may include, but not be limited to, warrant of appointment, town employee records, payroll records and the like.
(4)
In accordance with the Charter, article twelve, section 1207, investigations, "During the course of any investigation or hearing the personnel board may request any employee of the town to attend and give witness. Any employee refusing to do so may be subject to disciplinary action as provided in section 1205."
(5)
The employee and all witnesses will be heard under oath. All witnesses can be sworn by the chairperson pro tem of the board or by any other person eligible to administer oaths.
(6)
All parties shall have the right to counsel; the right to present witnesses or other competent evidence; the right to cross examine witnesses; and to present oral argument.
(7)
A court stenographer shall be hired to record the proceedings.
(8)
The hearing shall be generally informal in that there will be no strict procedural rules. And also the technical rules of evidence will be suspended to the extent that no frivolous or irrelevant matters will be permitted.
(9)
In the event of any dispute concerning the hearing of the application of this chapter, a vote of the board shall be binding.
(10)
To ensure the completeness of any investigation, evidence may be gathered after a recess and continued until the court is satisfied at having received all evidence. When the hearings are over, the personnel board shall meet in closed session to render a decision. The employee shall be notified of the decision by mail within three days.
(Code 1972, § 15-63)
Secs. 20-118—20-125. - Reserved.#
ARTICLE V. - POST RETIREMENT BENEFITS FUND#
Sec. 20-126. - Establishment of post retirement benefits fund.#
(a)
There shall be established a fund, separate and apart from the general revenues of the town, known as "post retirement benefits fund."
(b)
The post retirement benefits fund is hereby established to provide the town with a fund into which funds shall be deposited from time to time, but at least annually, to provide funds to pay the town's liability for payment of insurance premiums in connection with medical and other benefits for its employees after retirement which includes, but is not limited to medical, dental, vision, life insurance, disability insurance and other benefits, whether optional or mandatory, in effect now or to be in effect in the future, at the time of retirement.
(c)
The post retirement benefits fund shall be administered by a board of trustees as hereinafter provided. Such post retirement benefits fund shall consist of:
(1)
All monies and securities deposited therein by the treasurer designated to be deposited therein by the town administrator upon the recommendation of the treasurer, subject to town council approval.
(2)
All interest, dividends and other income derived from the above.
(d)
The town will pay into the post retirement benefits fund the percentage designated by the trustees of the total sum needed to provide the benefits as set forth in this article. Such sum is based on the certified actuarial report as prepared by an independent actuarial firm.
(Ord. No. 2005-17, 5-3-05)
Sec. 20-127. - Board of trustees.#
(a)
The board of trustees of the post retirement benefits fund shall consist of five members; one of whom shall be appointed by the town administrator; three of whom shall be appointed by the town council; and the treasurer/finance director then in office, or his or her designee.
(b)
All appointees shall be financially literate and at least two of the three town council appointees shall have educational training, experience or strong working backgrounds in investment management, pension, accounting or finance or otherwise demonstrate an ability to understand and faithfully execute the duties of the board of trustees. Residence in the town is preferable, but not mandatory.
(c)
Members appointed by the town council and the town administrator shall serve for three-year staggered terms. Of the initial members appointed under this section, one member shall be designated to serve a one-year term, two shall be designated to serve a two-year term, and one shall be designated to serve a three-year term. No member shall serve more than three consecutive terms.
(d)
A member will continue as a trustee until the earliest of:
(1)
His/her removal or replacement by the town council or town administrator (or, in the case of the town treasurer, when he/she ceases to be the incumbent of that office);
(2)
His/her resignation in writing is delivered to the town council or town administrator;
(3)
His/her death, disability or incapacity to serve;
(4)
Expiration of his/her term;
(5)
His/her conviction of a felony or crime of moral turpitude;
(6)
Upon his/her absence from two consecutive regular meetings without the consent of the chairperson.
(e)
If, at any time, there shall be a vacancy in the membership of the trustees, the remaining trustees shall not act until such vacancy is filled by action of the town council or town administrator (or the swearing-in of a succeeding or temporary town treasurer). The compensation, if any, and expenses incurred by the trustees in the fulfillment of their duties hereunder shall be paid by the town from the assets of the post retirement benefits fund.
(f)
The trustees shall meet at least once in each fiscal year, and more frequently as requested by a majority of the trustees as may be required. An agenda of each meeting shall be prepared by the town treasurer and circulated to each trustee prior to the meeting date and posted in accordance with the Open Meeting Law Statute.
(Ord. No. 2005-17, 5-3-05; Ord. No. 2010-10, 6-16-10)
Sec. 20-128. - Responsibilities.#
The trustees shall be responsible for the general administration, investment and maintenance of the post retirement benefits fund and for the payment of insurance premiums from it in amounts sufficient to satisfy the town's obligation for post retirement medical benefits. The trustees may, from time to time, adopt bylaws, rules and regulations for its administration, and for the conduct and transaction of their business affairs as trustees. They shall have such power as may be necessary to discharge their duties, including, but not limited to, the power to interpret and construe the provisions hereof, determine all questions of date of retirement, eligibility, duration of service, continuity of service, dates of birth, participation or retirement, and similar related matters subject to existing contract provisions, and their determination of all questions shall be binding upon all participants or any others concerned subject to existing contract provisions. All matters falling outside of the scope of the powers and duties of the trustees and not otherwise provided for herein shall be referred to the town council which shall have the power to act thereon.
(Ord. No. 2005-17, 5-3-05)
Sec. 20-129. - Fiscal powers.#
(a)
The board of trustees shall have, with respect to all monies and properties of the post retirement benefits fund, at any time held by them, power in their discretion to invest and reinvest in any personal property, including but not by way of limitation, common or preferred stocks, bonds, certificates of deposit, interest or participation, mutual funds, and other forms of security or investment without being limited in any respect by statute or court rule or decision of any jurisdiction now or hereafter in force purporting to limit or otherwise affect investments by trustees and without regard to the proportion such property, or properties of a similar character so held or thereafter acquired, may bear to the entire amount of the post retirement benefits fund, and to make such payment from such post retirement benefits fund as herein provided.
(b)
The board of trustees shall have power and authority, in their discretion, to have a bank or trust company which is licensed in the state, or any other financial institution, to serve as their agent in keeping custody of the monies and securities in such fund, in keeping accounts and for other duties in connection with the administration of the post retirement benefits fund; and they are further authorized, in their discretion, to employ such bank or trust company or financial institution as agent in the investment of the post retirement benefits fund and otherwise to assist in its management, and to pay for any of such foregoing services. There shall be no liability on the part of the trustees in the management of the post retirement benefits fund by such an agent selected by them in good faith.
(Ord. No. 2005-17, 5-3-05)
Sec. 20-130. - Consultants.#
The trustees shall have the power in their discretion to employ one or more consultants, actuaries, accountants, attorneys or other professionals at such times as are necessary or advisable to assure the maintenance of the post retirement benefits fund on a sound actuarial basis, which professionals shall make periodic actuarial computations for the purposes thereof, and to assist with the administration of the post retirement benefits fund. The expenses of the consultants will be payable from the post retirement benefits fund unless otherwise authorized by the town council.
(Ord. No. 2005-17, 5-3-05)
Sec. 20-131. - Liability.#
(a)
The trustees shall use ordinary care and reasonable diligence in the performance of their duty and no trustee shall be personally liable for any error of omission or commission unless such error results from his or her own gross negligence, willful misconduct or lack of good faith; nor shall any trustee be personally liable for any act of any other trustee or trustees.
(Ord. No. 2005-17, 5-3-05)
Sec. 20-132. - Fund assets not subject to sale, encumbrance, etc.#
No part of the post retirement benefits fund assets shall be subject, in any manner, to sale, transfer, alienation, pledge, assignment, attachment, or any other encumbrance, whether voluntary or involuntary, by operation of law or court order. Any attempt to sell, transfer, alienate, pledge, assign or otherwise encumber the assets of the post retirement benefits fund shall be void and of no force and effect.
(Ord. No. 2005-17, 5-3-05)
Sec. 20-133. - Mistakes resulting in incorrect payments.#
To the extent a distribution has been made from the post retirement benefits fund that (a) was based on incorrect or inaccurate information received by trustees at the time or (b) resulted in an overpayment, the trustees shall use their best efforts to apply such overpayment to the next succeeding payment due or otherwise receive a credit, or deposit any refund received, into the post retirement benefits fund to the extent of such overpayment.
(Ord. No. 2005-17, 5-3-05)
Sec. 20-134. - Obligation of employees to contribute to post retirement benefits fund.#
On or after July 1, 2005, each employee of the town shall be required to contribute to the post retirement benefits fund, as a condition to such employee's continued employment with the town and right to receive the medical benefits from the town after such employee's retirement for which the post retirement benefits fund was established, a percentage of the insurance premium to be paid by the town in connection with the medical and other benefits to be provided employees after retirement based upon a percentage of such employee's wages. Such amount, if not otherwise determined by an applicable collective bargaining agreement or employment contract, shall equal up to one-half of the actuarially deferred cost of such post retirement benefit. Otherwise, such contribution shall be equal to the co-pay provisions established in accordance with existing collective bargaining agreements or employment contracts in effect.
(Ord. No. 2005-17, 5-3-05)
Sec. 20-135. - Distributions from the post retirement benefits fund.#
At any time, but not more frequently than monthly, the treasurer shall submit a statement or invoice for premiums due during such fiscal period for medical benefits due retired employees of the town, which statement shall include the amount to be paid from the post retirement benefits fund. The trustees shall make arrangements to withdraw from the post retirement benefits fund an amount sufficient to pay such premiums due and forward such funds to the treasurer no later than ten days prior to the premium due date(s).
(Ord. No. 2005-17, 5-3-05)