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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)