ARTICLE III. - OFFICERS AND EMPLOYEES
Part of the Code of Ordinances of Burrillville, RI.
The text
Footnotes:
--- (3) --- Charter reference— Town clerk, §§ 4.01—4.04; town manager, art. V; town solicitor, art. VII; director of finance, § 8.01; town treasurer, § 8.05; purchasing agent, § 8.11; tax assessor, § 8.16; tax collector, § 8.25; health officer, § 12.09; zoning officer, § 12.10; minimum housing officer, § 12.11; town planner, §§ 12.12—12.14; director of emergency management, §§ 15.11, 15.12; sealer of weights and measures, § 18.03; town sergeant, § 18.06; residence of employees, § 19.02; compensation of officers and employees, § 19.08; town employees, § 19.14.
State Law reference— Election and qualification of officers, G.L. 1956, § 45-4-1 et seq.
DIVISION 1. - GENERALLY#
Sec. 2-51. - Indemnification of town officials and employees.#
(a)
Applicability. All town employees, public officials, members of boards, agencies and commissions, councilmembers, members of the school committee and employees of the school department, as well as those persons appointed to any boards, agency or commission by the school committee, shall be indemnified by the town for these actions as described in this section.
(b)
Scope of indemnification; exceptions. The individuals named in subsection (a) of this section shall be indemnified so long as an individual, at the time of the committing of the wrong, was acting within the scope of his official duties or employment, regardless of whether that act was an intentional tort or act, omission or neglect, misfeasance, malfeasance, nonfeasance or any act, omission or neglect, contrary to any violation of the rights of any person; provided, however, that notwithstanding the above, such individual shall not be entitled to indemnification from the town if his act or omission resulted from willful, wanton or malicious conduct.
(c)
Town to provide solicitor, pay judgment, appeal, etc.; exception. If any person as described in this section shall have a claim made against him as a result of any act or omission as described in subsection (b) of this section, then the town shall provide that person with the services of the town solicitor to defend against any such claim; and if any judgment is rendered against such person, then the town shall pay such judgment along with court cost, and other associated expenses; and if the town chooses to appeal any such judgment, then the town shall have the right to pursue such appeal at its sole expense before payment of such judgment; and if a settlement or compromise is to be reached on any such claim, then the town shall review and approve the terms of the proposed settlement or compromise before it shall be obligated to comply with those terms. If the defenses of such persons are in conflict with the interests of the town, then such person may petition the town council to pay for the appointment of another attorney to represent that person, and if the council agrees, the town shall pay that person's attorney's fees; provided, however, that such individual shall not be entitled to any payment from the town to defend such individual in any criminal prosecution.
(d)
Effect of public insurance. If there is public insurance which covers the individual sought to be indemnified, then the town shall be obligated to defend pursuant to this chapter only to the extent that the applicable insurance does not, and to pay only after all insurance proceeds have been exhausted.
(Code 1972, §§ 12-1—12-4)
Sec. 2-52. - Compensation of town council members and school committee members.#
(a)
Compensation.
(1)
Annual compensation for elected officials shall be fixed as follows:
a.
Each member of the town council .....$6,500.00
b.
President of the town council .....$7,000.00
c.
Each member of the school committee .....$4,500.00
d.
Chairperson of the school committee .....$5,000.00
(b)
Benefits.
(1)
An elected official may participate in town/school health insurance plan(s) and/or any town/school benefits plan offered to town/school employees at his or her own cost. Nothing herein shall affect retirement benefits for members of the town council.
(2)
Nothing herein shall prohibit an elected official from being reimbursed for actual expenses incurred in the transaction of official town business.
(c)
Effective dates.
(1)
Provisions of this section shall be effective January 1, 2011 for town councilors elected in the November 2010 general election; and effective January 1, 2013 for town councilors elected in the November 2012 general election or thereafter.
(2)
Provisions of this section shall be effective January 1, 2011 for school committee members.
(Ord. of 6-9-2010(1))
Secs. 2-53—2-55. - Reserved.#
DIVISION 2. - PERSONNEL#
Footnotes:
--- (4) --- Editor's note— An ordinance adopted June 22, 2005, set out provisions numbered as §§ 2-52—2-62. For purposes of reserving section numbers between major components of the Code, and at the editor's discretion, these provisions have been included as §§ 2-56—2-66.
Sec. 2-56. - Personnel screening and hearing.#
This division is enacted pursuant to the following provisions of the Burrillville Town Charter: (1)
Powers and duties. It shall be the duty of the personnel board to recommend rules and regulations for: A position classification plan for all full time permanent employees who work 35 hours per week or more. The plan shall define generally the duties, responsibilities, and types of work involved for each class of position; the skills and knowledge necessary for each position; and the minimum qualifications necessary to qualify for appointment to each position and the positions or classes of positions to which competitive examinations shall apply and those to which noncompetitive or qualifying examinations shall apply.
(2)
Implementation. The town council shall by ordinance set forth the process for screening applicants, determining qualifications for specific positions in the classification plan, and submitting lists of qualified candidates for appointment by the appointing authority.
(Ord. of 6-22-2005(1))
Sec. 2-57. - Applicability.#
All full time, permanent employees including contract employees but excluding the town manager who work 35 or more hours per week, unless provided otherwise in the Town Charter.
(Ord. of 6-22-2005(1))
Sec. 2-58. - Town residency.#
The town desires to hire town residents to fill the various positions within the municipal government. Notwithstanding, the personnel board, town manager and those screening and/or hiring municipal employees will always strive to hire the person best qualified and suited to fill the vacant position regardless of their place of residency.
(Ord. of 6-22-2005(1))
Sec. 2-59. - Recruitment and hiring.#
(a)
The personnel board shall determine the process for recruitment and screening for all positions under the jurisdiction of the personnel board after consultation with the town manager, except as may be specified in collective bargaining agreements.
(b)
The town manager or designee may provide to the personnel board whatever input he/she deems necessary to establish the skills, duties, responsibilities, background and experience, knowledge, minimum qualifications, standards, and the needs and requirements of the department to which the position will be assigned.
(c)
The personnel board shall incorporate the town manager's or designee's input as well as their own criteria to prequalify candidates and shall screen all applicants accordingly.
(Ord. of 6-22-2005(1))
Sec. 2-60. - Criteria for recruitment and screening.#
(a)
The personnel board's criteria and standards to evaluate and select applicants and the process to recruit and screen applicants will be in writing and filed with the town clerk and town manager prior to the solicitation of candidates.
(b)
The personnel board will strive to provide three names per vacancy to the town manager for hiring consideration.
(c)
The personnel board will endeavor to maintain at least three prequalified candidates for those positions for which hiring lists are maintained.
(d)
If there are less than three prequalified candidates, the chairperson of the personnel board will notify the town manager who will make the determination to interview the available prequalified candidates or to have the personnel board initiate a new recruitment and/or screening process.
(e)
It is acknowledged that it may be desirable to consider more than three candidates in order to find and select the most suitable candidate for the available position. If the personnel board determines it is in the best interest of the town, they may advance more than three names. also, at the town manager's request, the personnel board will advance more than three candidates for consideration.
(Ord. of 6-22-2005(1))
Sec. 2-61. - Manager's representative.#
The town manager may sit or he/she may appoint a representative to sit with the personnel board to review applications (resumes) and to screen applicants. The manager's or the representative's role is limited to assisting the personnel board to screen and evaluate the candidates.
(Ord. of 6-22-2005(1))
Sec. 2-62. - Probationary period.#
(a)
A one-year probationary period will be served by all employees prior to an employee becoming permanent, during which time the employee may be terminated, or returned to their prior position if a transfer or promotion has been granted to an existing employee, by the town manager except as may be specified in collective bargaining agreements. The town manager may extend the probationary period as the situation and circumstances may dictate. If formal training, a license, certification or other requirement of the position is required as a condition of employment, the probationary period may encompass the period required to obtain the required condition(s) and one additional year from the date the employee successfully completes requirement, etc.
(b)
The town manager, with a ratification vote of the town council, may shorten the initial probationary period as the needs of the town and circumstances may warrant.
(Ord. of 6-22-2005(1))
Sec. 2-63. - Town manager's responsibility.#
The town manager or manager's designee shall determine the process and criteria to hire all employees not deemed to be permanent or full time and any employee who works less than 35 hours per week. Once the criteria is established it shall be filed with the town clerk.
(Ord. of 6-22-2005(1))
Sec. 2-64. - Assignment of employees.#
The town manager will determine the process and criteria to assign or reassign employees, except as may be specified in collective bargaining agreements. The personnel board will coordinate the process if requested by the town manager.
(Ord. of 6-22-2005(1))
Sec. 2-65. - Personnel policies.#
The classification plan and employment terms, conditions, policies, rules and regulations shall be as voted by and amended by the town council.
(Ord. of 6-22-2005(1))
Sec. 2-66. - Collective bargaining agreements.#
Terms and conditions within valid collective bargaining agreements will supersede any conflicting terms and conditions herein.
(Ord. of 6-22-2005(1))