The text
Footnotes:
--- (1) --- Cross reference— Administration, Ch. 2; officers and employees, § 2-136 et seq.; indemnification of public officers and employees, § 2-151 et seq.; purchasing procedure, § 2-196 et seq.; office of building official established, § 5-3; qualifications of building official, § 5-4; employment of personnel by the board of recreation authorized, § 11-31; police chief, § 14-56 et seq.; police force, § 14-81 et seq.; highway superintendent appointed, § 17-36 et seq.
State Law reference— Conflict of interest, G.L. 1956, § 36-14-1 et seq.
ARTICLE I. - IN GENERAL#
Sec. 13-1. - Purpose.#
It is the purpose of the provisions of this chapter to establish normal procedures which will serve as a guide to administrative action concerning the various personnel activities and transactions. This chapter is intended to indicate the customary and the most reasonable method of carrying out the aims of the town's administration. It is also the purpose to fully inform the employees of the town regarding the conditions of work in the town service.
(Ch. 54, Art. I, § 1, 5-12-80)
Sec. 13-2. - Positions covered.#
(a)
These rules and regulations shall cover all employees except; elected officers; members of boards or commissions to which no compensation is attached; employees of the school department; and persons employed in a professional capacity to make special studies; and those persons who perform other temporary, part-time duties.
(b)
Notwithstanding the above, all of article III and sections 13-6 through 13-8 shall apply to all employees, including all those excepted above, except employees of the school department.
(Ch. 54, Art. I, § 2, 5-12-80; Ch. 68, 10-4-82)
Sec. 13-3. - Administration.#
The provisions of this chapter shall be administered by the town council or its designee. Amendments to these rules shall be by resolution of the town council acting at a regular, public session.
(Ch. 54, Art. I, § 3, 5-12-80)
Sec. 13-4. - Professional conduct.#
It shall be the duty of each and every person, employed by the town to conduct themselves in a professional manner, while in the service of the town. Whenever work habits, attitude, production, or personal conduct of any employee falls below the established standards, supervisors should point out the deficiencies at the time they are observed. Corrections and suggestions should be presented in a constructive and helpful manner in an effort to elicit the cooperation and goodwill of the employee.
(Ch. 54, Art. I, § 4, 5-12-80; Ch. 67, 12-7-81)
Sec. 13-5. - Budgetary assignments.#
Except when specific actions are taken during the course of the fiscal year in accordance with federal, state, or local ordinance, wages and hourly rates for all positions, shall be in accordance with the amounts designated and approved by the voters of the town at a financial town meeting.
(Ch. 54, Art. I, § 5, 5-12-80)
Sec. 13-6. - Physical fitness.#
It shall be the responsibility of each employee to maintain the standards of physical fitness required for performing his job. When a department head suspects that the physical condition of an employee constitutes a hazard to persons or property he may request the employee to submit to medical examination at the town's expense. The employee shall be paid for the time required for such examination when it is for the sole purpose of determining his physical condition relative to town employment.
(Ch. 54, Art. VIII, § 2, 5-12-80)
Sec. 13-7. - Receipt of town funds.#
The revenues received by any employee of the town for the sale of any town item or service whatsoever, including any revenue received for the sale of any goods at the town dump, shall be delivered forthwith to the town treasurer and shall be considered revenue of the town.
(Ch. 54, Art. VIII, § 9, 5-12-80)
Sec. 13-8. - Conflict of interest.#
All employees of the town are subject to the Rhode Island Code of Ethics In Government, R.I.G.L., § 34-14-1 et seq. In addition, no employee of the town, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties in the public interest or would tend to impair his independence or judgment or action in the performance of his official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business or political association. Prohibited activity hereunder includes but is not limited to: (1)
Incompatible employment, holding a position in addition to a public position which interferes, or may interfere, with the proper discharge of his public duties.
(2)
Use of confidential information obtained as a result of public position for personal gain.
(3)
Acceptance or soliciting of gifts and favors by a public official or employee.
(4)
Any use of official position for personal gain.
(5)
Holding (possession) investments which interfere, or tend to interfere, with the proper discharge of public duty.
(6)
Participation in transactions as a public representative with a business entity in which the public official or employee has a direct or indirect financial or other personal interest.
(7)
Personal interest in legislation, to the extent that private interest takes precedence over public interest and public duty.
(8)
Entry into contracts or other contracts of business for profit by a business in which a public official or employee has a substantial or controlling interest, especially when the public official or employee can influence such contract or business because of his public position.
(9)
Soliciting or accepting future employment with a business doing business with the government over which the public official has some control in his official capacity at the time of the transaction.
(Ch. 54, Art. VIII, § 8, 5-12-80; Ch. 106, § 1, 11-1-90)
State Law reference— Conflict of interest, G.L. 1956, § 36-14-1 et seq.
Secs. 13-9—13-30. - Reserved.#
ARTICLE II. - TERMS AND CONDITIONS OF EMPLOYMENT#
Sec. 13-31. - Daily work schedule.#
Town business shall be conducted from 8:30 a.m. through 4:30 p.m., Monday through Friday, with a sixty-minute per day lunch period and two (2) fifteen-minute breaks per day, one (1) in the morning and one (1) in the afternoon. Provided, however, that neither the allotted lunch period nor breaks may be used so as to shorten the workday of any employee. (1)
Legal holidays.
(2)
Highway department—Hours of normal operation shall be from 7:30 a.m. through 4:00 p.m. and will include a thirty-minute lunch period to be determined by the highway supervisor.
(3)
Dumpmaster—Schedule will be determined by the highway commissioner.
(4)
Police department—Duty roster will be prepared by the chief of police.
(Ch. 54, Art. I, § 6, 5-12-80; Ch. 106, § 2, 11-1-90)
Sec. 13-32. - Nepotism.#
No employee of the Town of Hopkinton shall supervise a member of his/her immediate family in regard to service to the town nor participate in the selection process for employment or promotion of such an immediate family member. For purposes of this section, immediate family shall mean a spouse as well as a person who is related whether by blood, adoption or marriage, as any of the following: father, mother, son, daughter, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister.
(Ch. 54, Art. I, § 7, 5-12-80; Ch. 140, § 1, 10-7-96)
Sec. 13-33. - Political activities.#
It is considered to be in the best interest of all municipal employees that they shall not be pressured by direct or indirect political influences. As a best safeguard against this, the following behavior on the part of municipal employees shall be followed: (1)
No officer or employee of the town shall continue in the employment of the town after becoming a candidate for nomination or election to any town public office. Also, all employees shall refrain from using their influence publicly in any way for or against any candidate for elective offices. They shall not circulate petitions or campaign literature for elective officials or be in any way concerned with soliciting or receiving any subscriptions, contributions, or political service from any person for any such elective official.
(2)
No officer or employee of the town shall use his official authority or influence on any other officer or employee for the purpose of interfering with an election or a nomination for office or affecting the result thereof (except by casting his vote).
(3)
No officer or employee of the town shall directly or indirectly coerce, attempt to coerce, command or advise any other officer or employee to pay, lend, or contribute any part of his salary, time, or compensation, or anything else of value to any party, committee, organization, agency, or person for political purposes.
(Ch. 54, Art. I, § 8, 5-12-80; Ch. 67, 12-7-81)
State Law reference— Municipal employees holding elective public office, G.L. 1956, § 17-1-5.1.
Sec. 13-34. - Recruitment.#
(a)
Whenever a vacancy occurs in a position in any department, the department head shall notify the town council of such vacancy, stating the date of the vacancy, position, title, and any other pertinent facts which may be necessary.
(b)
Whenever a department head wishes to establish a new position, he shall notify the council in writing stating the title, or job description. No new position will be established without the approval of the council.
(Ch. 54, Art. II, § 1, 5-12-80)
Sec. 13-35. - Application.#
(a)
Application for employment in any position with the town must be filed on forms prescribed by the town. All applications must be signed by the person applying.
(b)
The town council, or a designated official, shall advertise all such vacancies, except part-time temporary positions, or promotions, in at least one (1) issue of a newspaper circulated in the town, giving the job title and approximate salary range. Applications shall be received for at least one (1) week after the date of advertisement.
(Ch. 54, Art. II, § 2, 5-12-80)
Sec. 13-36. - Appointment.#
The town council and/or the town's personnel director and the department supervisor involved shall review all applications received and select for personal interview those applicants whose training and experience indicate that they are the best qualified. The department supervisor will then submit his recommendation to the council, who in all instances shall be the final appointing authority. When all qualifications are equal, preferences will be given to those applicants who are current employees of the town and to residents of the town.
(Ch. 54, Art. II, § 3, 5-12-80; Ch. 106, § 3, 11-1-90)
Sec. 13-37. - Probationary period.#
All appointments made by the town council shall in the first instance be made for a probationary period of six (6) months. The work performance of each probationary employee shall be reviewed by the appropriate supervisor after three (3) months' employment in a position. Said review shall consist of the appropriate supervisor indicating to the employee his/her progress toward meeting the job duties and responsibilities outlined in the job description for the position. The employee shall have an opportunity to comment and question the supervisor's review. A synopsis of the meeting shall be placed in the employee's personnel file.
Prior to the end of the six (6) months' probationary period, each employee shall be formally evaluated by the appropriate supervisor in writing to assess the employee's performance of the job duties and responsibilities set forth in the job description and the town personnel ordinances. The town council shall consider such evaluations as well as its own evaluation in determining the employees continued status. In instances where the position is that of a supervisor, the town council shall perform the three-month and six-month evaluation.
(Ch. 54, Art. II, § 4, 5-12-80; Ch. 113, 1-21-92)
Sec. 13-38. - Age.#
The minimum age for all full-time permanent positions with the town shall be eighteen (18) years. The minimum age for all seasonal employees shall be sixteen (16) years.
(Ch. 54, Art. II, § 5, 5-12-80)
Sec. 13-39. - Vacation leave.#
(a)
The vacation season will extend from January 1 through December 31 of each year. To be eligible for a vacation period, an individual must have completed his/her six-month probationary period.
(b)
Vacation periods shall not be accumulated from year to year during the first three (3) years of service. After completing three (3) years of service an employee may carry over five (5) days to the next year. If a regularly scheduled, paid holiday, occurs during the vacation period, the holiday retains its identity and is not counted as a day of vacation. The vacation day which normally would have fallen on the holiday will be taken either the day before or the day immediately following the vacation period.
(c)
The town will not grant payments in lieu of vacation.
(d)
Each permanent, full-time employee shall be entitled to vacation time on the basis of the following table:
(1)
After completing six (6) months of service (which is the probationary period), five (5) work days
(2)
After completing not less than one (1) year and not more than three (3) years, ten (10) work days
(3)
After completing not less than ten (10) years, fifteen (15) work days
(4)
After completing more than ten (10) years, twenty (20) work days
(Ch. 54, Art.III, § 2, 5-12-80; Ch. 75, §§ 1, 2, 7-1-85; Ch. 133, 12-19-94)
Sec. 13-40. - Sick leave.#
(a)
Each full-time, permanent employee shall earn sick leave, with pay, at the rate of one and a quarter (1¼) working days for each full calendar month of service. Such sick leave must be earned before it can be granted and unused sick leave shall accumulate without limitation, but there shall be no payment for undischarged sick leave at time of separation, retirement or death.
(b)
Sick leave will be granted for absence from duty because of actual personal illness or injury disabling the individual from work.
(c)
Sick leave may also be granted for not more than three (3) days in any one (1) year, for illness in the household.
(d)
When an employee finds it necessary to be absent for any of the reasons specified herein, he/she shall cause the facts to be reported to his/her department head or immediate superior before the time set for beginning his/her daily duties. Sick leave may not be granted unless such report has been made.
(e)
In all cases where sick leave exceeds two (2) working days the department head may require the employee to file a physician's certificate indicating the nature of the illness and the probable duration of the disability.
(f)
Holidays and regular days off shall not be counted in computing sick leave taken.
(g)
Any employee who has used all sick leave accumulated shall not receive compensation from his/her job during the continuance of his/her absence from employment due to said sickness or disability.
(Ch. 54, Art. III, § 3, 5-12-80; Ch. 106, § 4, 11-1-90; Ch. 133, 12-19-94; Ch. 161, 4-16-01)
Sec. 13-41. - Jury duty.#
Regular full-time employees of the town shall be granted leaves of absence for required jury or any other civil duty requiring appearances before a court or other public body. Such employees shall receive that portion of their regular salary which will, together with their jury pay or fees, equal their total salary for the same period.
(Ch. 54, Art. III, § 4, 5-12-80)
Sec. 13-42. - Military leave.#
Military leave means training and service performed by inductee, enlistee, or reservist, or any entrant into a temporary component of the armed forces of the United States and time spent in reporting and returning from such training in service or if rejection occurs, from the place of reporting for service. It also includes active duty training as a reservist in the armed forces of the United States or as a member of the National Guard of the State of Rhode Island. The council shall grant military leave, without pay, upon written request by the employee.
(Ch. 54, Art. III, § 5, 5-12-80)
Sec. 13-43. - Death in the family.#
(a)
A maximum of three (3) days leave with pay may be granted to an employee for death in the immediate family. For purposes of this section, "immediate family" shall be: wife, husband, mother, father, grandmother, grandfather, son, daughter, brother, sister, mother-in-law, father-in-law.
(b)
One (1) day with pay may be granted for attending the funeral of any other relative.
(Ch. 54, Art. III, § 6, 5-12-80; Ch. 133, 12-19-94)
Sec. 13-44. - Salaries/hourly rates—Generally.#
Until such time as the town has classification and/or wage schedules, all wages and hourly rates for any and all positions of employment, shall be set by the council in accordance with budgetary line items established and approved by the voters at a financial town meeting.
(Ch. 54, Art. VI, § 1, 5-12-80)
Sec. 13-45. - Same—Raises.#
Any increase in salary or hourly rate for any position, which is within the budgetary guidelines, must be approved by the council and such approval forwarded to the town treasurer, in writing.
(Ch. 54, Art. VI, § 2, 5-12-80)
Sec. 13-46. - Overtime.#
(a)
Compensation to all employees on an hourly rate, who are assigned to service for more than their normal work week of forty (40) hours, shall be authorized by the department supervisor in accordance with the Fair Labor Standards Act.
(b)
Salaried employees are expected to work those hours necessary to assure satisfactory performance within their departments, and within the normal workweek. Should extra time be necessary to perform duties satisfactorily and to continue smooth operation of any department, this time shall be considered part of their job responsibility and shall not justify overtime or compensatory time. No compensatory time shall be accrued, granted, or taken by salaried employees except with the express authorization of the town council, which shall grant such a request where appropriate and in a manner that will not disrupt regular department and town activities.
(c)
However, any additional time requested of a department head, over and above the normal workweek, from the council, such time shall be compensated for, in additional leave of absence. Such a request from the council would be for emergency purposes only to ensure the safety and welfare of the public.
(Ch. 54, Art. VI, § 3, 5-12-80; Ch. 106, § 5, 11-1-90)
Sec. 13-47. - Promotions.#
(a)
Every employee shall be eligible for promotion and any employee desiring to be considered for promotion to a vacancy should make application as provided herein.
(b)
All promotions shall be subject to the six-month probationary period.
(Ch. 54, Art. VII, §§ 1, 2, 5-12-80)
Sec. 13-48. - Health insurance.#
The town shall provide to each full-time permanent employee medical benefits. The extent of such benefits, the insurance provider, if any, and all other terms shall be determined by the town council by resolution. Wherever employees of the town are covered by a collective bargaining agreement, the medical benefits for said employees shall be those specified in said collective bargaining agreement.
(Ch. 54, Art. IX, § 1, 5-12-80; Ch. 75, § 3, 7-1-85; Ch. 114, 10-5-92)
Sec. 13-49. - Worker's compensation insurance.#
In accordance with state law, the town holds a worker's compensation policy.
(Ch. 54, Art. IX, § 2, 5-12-80)
Sec. 13-50. - Other coverages.#
The town shall provide false arrest and other special coverages for those employees engaged in activities on the town's behalf that are peculiar to their particular job requirements.
(Ch. 54, Art. IX, § 3, 5-12-80)
Sec. 13-51. - Reserved.#
Editor's note— Ch. 106, § 6, adopted Nov. 1, 1990, repealed the provisions of former § 13-51, which pertained to commencement of benefits, as derived from Ch. 54, Art. VII, § 3, adopted May 12, 1980.
Sec. 13-52. - Holidays.#
The following, and such other days as the council proclaims, are holidays for all employees, except emergency employees: New Year's Day, Martin Luther King Day, Washington's Birthday, Good Friday, Memorial Day, Independence Day, Victory Day, Labor Day, Columbus Day, Armistice Day, Thanksgiving Day, Day after Thanksgiving, one-half day before Christmas, Christmas Day.
(Ch. 54, art. XI, 5-12-80; Ch. 106, § 7, 11-1-90)
Sec. 13-53. - Parental leave and family leave.#
(a)
Parental leave is leave by reason of the birth of a child of the employee, the adoption of a child under sixteen (16) years of age by the employee. Family leave is leave by reason of the serious illness (as defined in R.I.G.L., § 28-48-1(e)) of a family member.
(b)
All full-time employees who have been employed by the town for a period of twelve (12) consecutive months shall be entitled, upon thirty (30) days written notice to the town council, to unpaid parental leave and/or family leave in accordance with and as defined in R.I.G.L., § 28-48-1 et seq. Such leave shall not exceed thirteen (13) consecutive work weeks in any two (2) calendar years.
(c)
During such parental leave and/or family leave, the town shall maintain any existing health benefits of the employee in force until the date the employee returns to employment with the town, provided, that prior to commencement of the parental leave and/or family leave, the employee shall pay to the town a sum equal to the premium required to maintain the employee's health benefits in force during the period of parental leave and/or family leave. Such payment shall be returned to the employee within ten (10) days following the employee's return to town employment.
(Ch. 106, § 8, 11-1-90)
Sec. 13-54. - Drug-free workplace policy.#
(a)
Drug abuse and use at the workplace are subjects of immediate concern to the town. From a safety perspective, the users of drugs may impair the well-being of all employees, the public at large, and result in damage to property. Therefore, it is the policy of the town that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the town's workplaces is prohibited. Any employees violating this policy will be subject to discipline up to and including termination.
(b)
The specifics of this policy shall be maintained on file in the office of the town clerk and shall be given to every current town employee and to every future town employee upon being hired. All employees of the town shall sign an acknowledgement form indicating that they have received a copy of the town's drug-free workplace policy. The policy statement shall be updated by the town council from time to time as warranted.
(Ch. 106, § 8, 11-1-90)
Sec. 13-55. - Personal day.#
(a)
One (1) personal day per year shall be granted after an employee has completed one (1) year of service. It may be taken upon reasonable written notice in advance, to the immediate supervisor. The day may not be carried over to the next year.
(Ch. 133, 12-19-94)
Secs. 13-56—13-70. - Reserved.#
ARTICLE III. - DISCIPLINE AND COMPLAINT PROCEDURE#
Sec. 13-71. - Working relationships.#
(a)
It shall be the duty of each employee to maintain high standards of cooperation, efficiency, and economy in his work for the town. Department heads and supervisors shall organize and direct the work of their unit to achieve these objectives.
(b)
When work habits, attitude, production, or personal conduct of an employee falls below a desirable standard, supervisors should point out deficiencies at the time they are observed. Warning in sufficient time for improvement should precede formal discipline, but nothing in this section shall prevent immediate formal action whenever the interest of the town requires it.
(Ch. 54, Art. VIII, § 1, 5-12-80; Ch. 67, 12-7-81)
Sec. 13-72. - Suspension.#
(a)
In the interest of good discipline, a department head may, for just cause, suspend an employee without pay for any length of time up to thirty (30) days in a single year. No disciplinary suspension or combination of suspensions, shall exceed thirty (30) days in one (1) calendar year. An employee who is suspended shall be given notice of the reasons for the action.
(b)
During investigation, hearing, or trial of an employee in any civil cause or criminal charge when suspension would be in the interest of the town, an employee may be suspended without pay for the duration of the proceedings.
(Ch. 54, Art. VIII, § 3, 5-12-80)
Sec. 13-73. - Demotion.#
(a)
An employee may be demoted, for just cause, in the interest of good discipline. Demotion may be accomplished by reducing his pay within the pay group of the position he holds or by assigning him to a position of a lower group, or both. An employee who is so demoted, shall be given notice by his department head or supervisor of the reasons for the action.
(b)
An employee may request or accept voluntary demotion when assignment to less difficult or responsible work would be to his advantage and the interests of the town.
(Ch. 54, Art. VIII, § 4, 5-12-80)
Sec. 13-74. - Dismissal.#
An employee may be dismissed by the town council at any time for just cause ascertained after careful and factual consideration. An employee who is dismissed shall have explained to him the reasons for the action.
(Ch. 54, Art. VIII, § 5, 5-12-80)
Sec. 13-75. - Right of appeal.#
(a)
All employees will be granted the right of appeal. Within five (5) workdays after effective date of disciplinary action, the employee may file a written appeal to the town council.
(b)
The town council shall hear appeals submitted by any employee in the town service relative to any disciplinary action. A written statement of facts, findings, and recommendations will be placed on file in the individual's personnel folder. The action of the council shall be final and conclusive. Such hearing shall be open to the public at the discretion of the council. Such hearings shall be scheduled by the council no later than seven (7) days after receipt of written appeal, unless a quorum of the council cannot be present within those seven (7) days. In such case the council shall schedule such hearings as soon as a quorum of members can be present, but in no case later than ten (10) days after receipt of the appeal.
(Ch. 54, Art. VIII, § 6, 5-12-80)
Sec. 13-76. - Grounds for disciplinary action.#
Grounds for disciplinary action involving town employees shall include, but not be limited to, the following: (1)
Conviction of a felony or other crime involving moral turpitude.
(2)
Acts of incompetency.
(3)
Absence without leave.
(4)
Acts of insubordination.
(5)
Intentional failure or refusal to carry out instructions.
(6)
Willful misappropriation, destruction, theft, or conversion of town property.
(7)
Refusal or neglect to pay just debts. Maintenance of effort to pay debts must be shown to clear employee of neglect charges.
(8)
Employee subsequently becomes physically or mentally unfit for the performance of his/her duties as prescribed by a licensed physician.
(9)
Acts of misconduct while on duty.
(10)
Willful disregard of others.
(11)
Habitual tardiness and/or absenteeism.
(12)
Falsification of any information required by the local government.
(13)
Failure to properly report accidents or personal injuries.
(14)
Neglect or carelessness resulting in damage to town property or equipment.
(15)
Repeated convictions during employment on misdemeanor and/or traffic violations.
(16)
Introduction, possession, or use on town property or town equipment of alcoholic beverages or proceeding to and/or from work under the influence of alcohol.
(17)
Allowed operation of transportation of or by unauthorized persons in town equipment.
(Ch. 54, Art. VIII, § 7, 5-12-80)
Secs. 13-77—13-90. - Reserved.#
ARTICLE IV. - RETIREMENT#
Footnotes:
--- (2) --- State Law reference— Retirement of municipal employees, G.L. 1956, § 45-21-1 et seq.
Sec. 13-91. - Municipal employees retirement system.#
Each full-time employee of the town shall become a participant in the municipal employee retirement system after the six-month probationary period.
(Ch. 54, Art. X, § 1, 5-12-80)