The text
Footnotes:
--- (1) --- Charter reference— Personnel regulations adopted by town council, § 2-1-7j; dual office holding, § 14-1-6; personal financial interest, § 14-1-7; residence of officers, § 14-1-8; personnel appeal board, § 14-1-11.
Cross reference— Administration, ch. 2; law enforcement, ch. 38.
ARTICLE I. - IN GENERAL#
Sec. 54-1. - Purpose of chapter.#
The purpose of this chapter is to ensure that both future and present employees are placed in positions without respect to race, color, religion, politics, sex or other matters unrelated to merit and fitness. This chapter does not apply to appointments made by the town council pursuant to the town Charter, except the town manager, nor to call firefighters, police reserves, temporary or seasonal employees nor to employees working less than 20 hours a week on a regular basis.
(Code 1986, § 2-152)
Sec. 54-2. - Appointments by town manager; rules and regulations.#
The town manager shall have the power and duty to appoint all administrators and department heads of the town, and all employees subordinate to such department heads, except as otherwise specifically provided by Charter or law. Subject to council adoption, the town manager shall draw and provide all rules and regulations relative to personnel administration except where otherwise provided by Charter, law or contract.
(Code 1986, § 2-153)
Secs. 54-3—54-20. - Reserved.#
ARTICLE II. - PERSONNEL APPEALS BOARD#
Footnotes:
--- (2) --- Charter reference— Personnel appeals board, § 14-1-11.
Cross reference— Boards, commissions and committees, § 2-71 et seq.
Sec. 54-21. - Duties, functions and powers.#
The personnel appeals board shall consist of five members, including one member of the town council and four members who are electors of the town. The personnel appeals board shall conduct administrative hearings only. It shall be the final appeal authority at the town level. The board shall have subpoena power to compel presence of witnesses or evidence at personnel appeal hearings. Unless otherwise specified in any applicable collective bargaining agreement, the board shall render a written decision within 45 days from the receipt of an appeal. This time may be extended by agreement of the parties to an appeal with the consent of the board.
(Code 1986, § 2-154)
Charter reference— Personnel appeals board authority, § 14-1-11.
Secs. 54-22—54-40. - Reserved.#
ARTICLE III. - RULES#
DIVISION 1. - GENERALLY#
Sec. 54-41. - General policy.#
It is hereby declared personnel policy of the town that: (1)
Employment in the town government shall be based on ability and fitness, free of personal and political considerations.
(2)
Just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the town government.
(3)
Appointments, promotions and other actions requiring the application of merit principles shall be based on systematic tests and evaluations.
(4)
Every consideration shall be given of the rights and interests of employees consistent with the best interests of the public and the town.
(5)
Every employee has a moral obligation and is expected to comply with the spirit and intent of this merit system.
(Code 1986, § 2-166)
Sec. 54-42. - Purpose of article.#
It is the purpose of this article to give effect to the intent and requirements of this chapter and personnel policy of the town. The rules of this article shall be applied in accordance with the intent of this chapter which is interpreted and declared to be as follows: (1)
The purposes of this article is to ensure that both future and present employees are placed in positions without respect to race, color, religion, politics, sex or other matters unrelated to merit and fitness.
(2)
Further, the town manager shall manage all personnel matters on the basis of merit so that fairness and impartiality govern decisions pertaining to appointments, promotions, discipline and all other matters of personnel administration.
(3)
The town has and will continue to retain the sole right to operate and manage its affairs in all respects except as modified by the provisions of the rules and regulations. These rights shall include, but not be limited to, the responsibility to determine the work to be performed, the scheduling of work, the promotion, transfer, discipline, layoff, discharge of employees and reallocation of positions to different classifications.
(Code 1986, § 2-167)
Sec. 54-43. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Anniversary date means the date of initial appointment.
Appointment means the appointing authority's written notice to that person selected best qualified for the position which is to be filled in accordance with the provisions of the Charter and/or the personnel rules.
Grievance means a wrong, real or perceived, considered by an employee as grounds for complaint.
Immediate family means mother, father, spouse, brother, sister (including foster and step relatives of same degree of kinship), children, mother-in-law, father-in-law and other family members residing at the household.
Pay plan means a schedule of salaries established for the various classes, which is adopted annually by the town council in conjunction with the budget and may be amended by the town council, if necessary.
Permanent employee means an employee who has satisfactorily completed the required probationary period and works a basic work week as described in the rules and regulations of this article.
Permanent part-time employee means an employee who works not less than 20 hours a week, part-time, on a regular basis.
(Code 1986, § 2-168)
Cross reference— Definitions generally, § 1-2.
Sec. 54-44. - Recruitment.#
No person shall be appointed unless the person has filed a complete application form prescribed by the town manager and has placed a signature on it certifying as to its correctness.
(Code 1986, § 2-169)
Sec. 54-45. - Qualifications.#
Applications for technical, professional, or unusual skill positions will be open to nonresidents, but preference will be given to the town residents, other qualifications being approximately equal.
(Code 1986, § 2-170; Ch. 893, § 1, 10-15-2007)
Sec. 54-46. - Public announcement of vacancies.#
The town manager shall announce publicly any vacancies to be filled, along with entrance requirements. Such announcements shall be posted for a minimum of one week on a bulletin board in or near the town hall or in any other accessible places as will ensure that any interested residents may be informed about employment opportunities with the town. If such vacancy is created by promotion of the current holder, it will be clearly stated that the promoted employee may return to the original position within a period of 60 days if not successful in the other position.
(Code 1986, § 2-171)
Sec. 54-47. - Appointments.#
(a)
Certification of vacancy. The town manager, being the budget control officer of the town, shall authorize the filling of any vacancy, including part-time and temporary vacancies.
(b)
Certification of appointment. No new employees shall be placed on the payroll, nor shall pay of existing employees be changed, without written certification by the town manager to the town treasurer (payroll division).
(c)
Town council appointments. Appointments made by the town council under the provisions of the town Charter, where salaries are applicable, will be certified by the town clerk to the payroll division, along with a record of the council action.
(d)
Temporary appointments. An appointing authority may appoint a person to a position, provided that no such temporary appointment may extend beyond one year.
(e)
Implication of failure to report. An applicant who accepts an appointment and fails to report to work within three days after the date set by the appointing authority shall be deemed to have declined the appointment.
(Code 1986, § 2-172)
Sec. 54-48. - Probationary period.#
(a)
Generally. The probationary period or working test period shall be regarded as an integral part of the examination process and shall be utilized by supervisors and department heads for closely observing the employee's work, for securing the most effective adjustment of an employee to his position and rejecting any employee whose performance does not meet the required work standards.
(b)
Duration.
(1)
Every person appointed to a regular position shall be required to successfully complete a probationary period which shall be of sufficient length to allow the department head and town manager to observe the employee's ability to perform various principal duties pertaining to the position. The probationary period shall begin immediately upon the original appointment or promotion and shall continue for 12 months. A department head may, at any time after the probationary period has been served, notify the town manager in writing that he is satisfied with the employee's performance and the probationary period should end.
(2)
The town manager may extend the probationary period for an additional six months.
(c)
Dismissal of probationary employees. New employees are not considered regular employees and therefore shall have no rights of appeal during the probationary period. They shall be subject to dismissal only by the town manager with or without cause.
(Code 1986, § 2-173)
Sec. 54-49. - Nepotism.#
(a)
In no event shall an applicant for employment in the town be employed in the same division, department or activity of the town in which his immediate family member is also employed unless it can be demonstrated by objective written examination that such employment is in the best interest of the town. However, upon approval by the town manager, the aforementioned restrictions may be waived for seasonal employees, provided, however, that said related employees may not serve in the same job capacity at the same location and further may not be assigned to or exercise any supervisory control over each other.
(b)
No employee of the town shall supervise a member of his immediate family in regard to service to the town, nor participate in the selection process or promotion of any member of such employee's immediate family.
(c)
For purposes of this section, the term "immediate family" refers to mother, father, spouse, sibling, children, mother-in-law, father-in-law and other family members residing in the same household, including foster or step-relatives of the same degree of kinship.
(Code 1986, § 2-174; Ch. 785, § 1, 7-19-1999; Ch. 883, § 1, 5-21-2007)
Sec. 54-50. - Promotions and demotions.#
(a)
Promotion policy.
(1)
The town encourages employees to develop skills, attain greater knowledge of their work and make known their qualifications for promotion to more responsible and difficult positions. No supervisor shall deny an employee permission to apply for a promotion opportunity in any town office or department. When the town manager determines that an insufficient number of well-qualified employees are available from within the classified service, he may consider outside applicants along with employees in order to provide an adequate number of candidates for consideration.
(2)
Employees transferred to a class of position assigned to a higher pay grade shall serve a probationary period of 30 days during which time they may return or be returned to their previous position.
(b)
Demotion policy. An employee may be demoted to a position of a lower grade, for which he is qualified, for any of the following reasons:
(1)
When an employee would otherwise be laid off because his position is being abolished, his position is reclassified to a lower grade, lack of work, lack of funds, or because of the return to work from authorized leave of another employee to such position in accordance with the rules of this article.
(2)
When an employee does not possess the necessary qualifications to render satisfactory service in the position he holds.
(3)
When an employee voluntarily requests such demotion.
(Code 1986, § 2-175)
Sec. 54-51. - Hours of work.#
(a)
The basic workweek for the personnel filling the following positions is 40 hours:
Town manager;
Superintendent highway division;
Chief of police;
Superintendent wastewater division;
Fire chief;
Superintendent water division;
Director of public works;
Surveyor;
Town treasurer;
Maintenance supervisor;
Director of parks and recreation;
Draftsman/inspector;
Engineering aid;
Beach/recreation coordinator;
Utility person.
(b)
The basic workweek for all other nonunion positions shall be 35 hours.
(Code 1986, § 2-176)
Sec. 54-52. - Overtime pay.#
Time and one-half shall be paid in each or any of the following instances: (1)
All work performed in excess of 40 hours in any week when required by a supervisor. Hours worked between the regular workweek and 40 hours is regular time.
(2)
All work performed on holidays, excluding the chief of police and fire chief.
(3)
Provisions of subsections (1) and (2) of this section shall not apply to the town manager or the following employees:
Town treasurer;
Director of public works;
Chief of police;
Director of parks and recreation;
Fire chief;
Tax assessor;
Town clerk;
Special projects coordinator;
Building inspector;
Information resource manager;
Tax collector;
Environmental coordinator.
The number of hours to be worked in a week by the department head, and the days of the week worked, shall be determined by the requirements of the job and the needs or situations that may arise.
(4)
Any department head who is required to participate in after hours work at the request of the town council will be reimbursed at the rate of 1 / N (Capital N = Number of hours worked per week) per hours of such required activity, excluding attendance at any regularly scheduled town council meeting or work session.
(Code 1986, § 2-177)
Sec. 54-53. - Outside employment.#
(a)
Generally. Upon proper notification to the town manager, an employee may engage in outside employment. However, no employee may engage in additional employment which in any manner interferes with the proper or effective performance of the duties or his position, results in a conflict of interest, or if it is reasonable to anticipate that such employment may subject the town to public criticism or embarrassment. If such outside employment is disadvantageous to the town, it shall be terminated.
(b)
Preference of town employment. Any employee who engages in employment outside of his regular working hours shall be subject to call to perform his regular town duties first.
(c)
Injury or illness. The town shall, in no respect, be liable nor grant disability leave in any case of an injury or occupational illness suffered by an employee while he is engaged in outside employment or which is attributed thereto.
(Code 1986, § 2-178; Ch. 1051, § 1, 5-7-2018)
Sec. 54-54. - Gifts and gratuities.#
No town employee shall accept any gratuity or gift from any vendor or prospective vendor of the town except small items given for advertising purposes, the value of which shall be less than $10.00. An exception to this section shall be a lunch in which business is conducted.
(Code 1986, § 2-179)
Charter reference— Conflicts of interest, § 16-2-1 et seq.
Sec. 54-55. - Transportation and travel reimbursements.#
(a)
Town-owned vehicles assigned to employees shall only be used by such employee in the performance of town duties.
(b)
If it is necessary for an employee to use his own car for town business, the employee will be reimbursed on a per-mile basis.
(Code 1986, § 2-180)
Sec. 54-56. - Physical fitness.#
It shall be the responsibility of each employee to maintain the standards of physical fitness required for performing the job. When a department head or the town manager suspects that the physical condition of an employee constitutes a hazard to persons or property, he may request the employee to submit to a medical examination by a doctor 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.
(Code 1986, § 2-181)
Sec. 54-57. - Political activity.#
(a)
All employees of the town shall be able to exercise their rights as citizens to express their option and cast their votes.
(b)
No full-time nor regular part-time employee of the town shall solicit any person to vote at any political primary or election or challenge or in any manner attempt to influence any voter in a town election. No town employee shall be a member of any political committee (i.e., town committee) or delegate to any political convention.
(c)
No town employee is permitted to be a candidate for town public political office, to hold town political office or to hold an office in a political party. Also, to avoid conflicts of interest, employees may not take part in management affairs or a political campaign of any candidate for office during working hours.
(d)
Violations of any of the provisions of this section shall constitute a cause for dismissal or suspension.
(Code 1986, § 2-182)
Secs. 54-58—54-70. - Reserved.#
DIVISION 2. - PERSONNEL ADMINISTRATION#
Footnotes:
--- (3) --- Cross reference— Administration, ch. 2.
Sec. 54-71. - Administration of merit system.#
The town manager shall administer the merit personnel system, benefits and procedures established by the rules of this article, including such supplemental personnel regulations as may be necessary for the effective implementation of this article.
(Code 1986, § 2-196)
Sec. 54-72. - Technical personnel services.#
The town manager, with the concurrence of council, may contract with any qualified person or agency for the performance of such technical services as may be needed in the establishment and operation of the personnel program.
(Code 1986, § 2-197)
Sec. 54-73. - Delegation of authority to acting town manager.#
In the temporary absence of the town manager, the acting town manager shall have full authority to act as the town's chief executive.
(Code 1986, § 2-198)
Sec. 54-74. - Delegation of authority to department heads.#
The town manager may delegate to department heads the authority to take personnel actions for their department in accordance with the rules of this article. This authority may not be redelegated by department heads.
(Code 1986, § 2-199)
Sec. 54-75. - Emergencies.#
In an emergency, the town manager shall have the power to make decisions involving town personnel not specifically covered by this article or the town Charter. Such action shall be reported to the council as soon as possible, but not later than its next regular meeting.
(Code 1986, § 2-200)
Sec. 54-76. - Departmental regulations.#
Subject to the approval of the town manager, a department head may adopt regulations to implement this article for the operation of his unit.
(Code 1986, § 2-201)
Sec. 54-77. - Testing.#
All applicants for employment with the town who are required to take a written examination administered by the town shall, within the time limits set by the town, pay to the town the amount set by the town to cover the cost of obtaining, processing and scoring the required written examination.
(Code 1986, § 2-202)
Secs. 54-78—54-90. - Reserved.#
DIVISION 3. - PERSONNEL RECORDS/FILES#
Sec. 54-91. - Personnel records.#
The town manager shall maintain an adequate record of his official acts under this article and the employment record of every employee.
(Code 1986, § 2-211)
Sec. 54-92. - Personnel files.#
(a)
A personnel history file shall be kept for every employee. Information contained in such a file will contain information on the employee's background, family, education and employment experience. The file shall also contain the employee's original application and interview. A record of the employee's subsequent change of status shall also be noted (example: salary increases, promotions, etc.). Finally, a record of the employee's sick leave, vacation leave, military leave, etc., shall be kept current. Records shall be accessible only to the individual employee, the department head and the town manager.
(b)
The department head shall be responsible for seeing that required forms necessary for each continuing and new employee are completed and submitted to the town manager and that changes of personnel status are reported immediately. Any change to the personnel file must be approved by the town manager.
(Code 1986, § 2-212)
Secs. 54-93—54-110. - Reserved.#
DIVISION 4. - LEAVE PAY; VACATION AND HOLIDAYS#
Sec. 54-111. - Vacation time.#
All permanent employees in full-time positions shall receive a vacation with pay, computed as follows: Seniority Annual Vacation
One year up to five years Two weeks (ten days)
Five years up to ten years Three weeks (15 days)
Ten years up to 15 years Four weeks (20 days)
Fifteen years and over Four weeks plus one day per year
thereafter up to a maximum
of five weeks
(1)
Seniority shall be computed on the anniversary date of the employee.
(2)
All vacation days shall be taken during the anniversary year in which they are due; however, a maximum of ten days of earned, unused vacation may be carried over from one year to the next.
(3)
Upon the termination of employment, for any reason except dismissal, the town shall compensate the employee for unused earned vacation. This subsection shall apply only to employees who have completed one year of service and shall be prorated for any accrual for partial years.
(4)
Temporary and seasonal employees shall not earn vacation leave nor be entitled to vacation pay upon separation.
(5)
Official holidays occurring during vacation shall not be charged to vacation time.
(6)
Vacation time with pay not to exceed two weeks shall be granted during the first year of employment to newly hired senior management team members whom have had at least 15 years of related professional service in a previous employment.
(Code 1986, § 2-221; Ch. 893, § 2, 10-15-2007)
Sec. 54-112. - Military leave.#
(a)
Any employee who is a member of the national guard or reserves and must attend a two-week camp will be paid his regular salary, less whatever such employee receives in military salary. This time will not count as vacation.
(b)
Any employee who is called into military service involuntarily, or who is ordered into an active reserve status from an inactive reserve status involuntarily, shall be credited with accumulated "continuous employment service" for purposes of seniority for such time, provided that the employee shall return to employment within 30 calendar days upon release from military service.
(Code 1986, § 2-222)
State Law reference— Military leave, G.L. 1956, § 30-11-1 et seq.
Sec. 54-113. - Jury duty.#
Any employee who is summoned to jury duty will be paid their regular salary, less whatever compensation is received as jury duty pay. This time will not count as vacation.
(Code 1986, § 2-223)
State Law reference— Jury duty, G.L. 1956, § 9-9-28.
Sec. 54-114. - Administrative leave.#
(a)
During times of severe storms or other natural disasters, administrative leave may be granted to employees at the discretion of the town manager. Leave of this nature shall be with pay and shall not be chargeable against accrued sick or annual leave.
(b)
Participation in conferences or other official meetings upon approval of the town manager shall be considered administrative leave.
(c)
Participation in education or training courses upon approval of the town manager shall be considered administrative leave.
(Code 1986, § 2-224)
Cross reference— Administration, ch. 2.
Sec. 54-115. - Bereavement leave.#
An employee shall be allowed time off not to exceed three working days when the employee's presence is required to be with his immediate family due to the death or serious illness of the family member. This leave shall be with pay but shall not be granted until the employee has one year of continuous service. Additional leave may be granted by the town manager for unusual cases.
(Code 1986, § 2-225)
Sec. 54-116. - Emergency leave.#
At times when an employee may be called from work for a period of less than one day for an emergency, leave may be granted. Emergency leave of two hours or less may be handled on a departmental basis. Pay for emergency leave in excess of two hours may be granted at the discretion of the town manager.
(Code 1986, § 2-226)
Sec. 54-117. - Leave without pay.#
An employee with permanent status may be granted leave without pay for personal illness or other reasons deemed proper upon approval of the department head. Unpaid leave of more than two days requires approval from the town manager. If an employee's leave is extended beyond six months through leave without pay, the town manager shall not be required to reinstate the employee in the former position.
(Code 1986, § 2-227)
State Law reference— Parental and family medical leave act, G.L. 1956, § 28-48-1 et seq.
Sec. 54-118. - Sick leave.#
(a)
All employees shall be entitled to sick leave after they have completed three months' service. Sick leave shall be granted to all employees at the rate of 1½ working days for each full calendar month of service. Permanent part-time employees shall earn sick leave credit on a prorated bases, based on a fraction of hours worked in a normal week.
(b)
Sick leave shall be for the purpose of permitting an employee to be relieved of his duties during actual illness or disability.
(c)
Sick leave with pay may not accrue beyond a total of 180 days, with no employee being granted more than 180 days' sick leave with pay in any one calendar year. Employees are compensated for sick leave earned in excess of 180 days. A retiring employee that was hired into a non-union position, including a position within the senior management team, prior to July 1, 2017 shall receive 100 percent of such employee's accumulated unused sick leave, provided that the leave is taken in a lump sum. A retiring employee that was hired into a non-union position, including a position within the senior management team, on or after July 1, 2017 shall receive a total of 50 percent of such employee's accumulated unused sick leave, provided that the leave is taken in the form of a lump sum. For clarification purposes, this provision applies as of the date a Narragansett town employee, that is a member of a union, leaves the union to take a non-union position, including a position within the senior management team.
(d)
Sick leave shall be for the purpose of permitting an employee to be relieved of his duties during actual illness or disability. All employees who, because of illness, cannot report for work as scheduled, shall, except in the case of an emergency, notify their supervisor or other designated person, prior to the commencement of the work day. A failure to notify prior to the commencement of work shall be cause for the disapproval of sick leave for that employee and may be cause for disciplinary action.
(e)
At the conclusion of temporary disability, a leave from absence without pay shall be granted for any case of pregnancy, if so requested in advance by the employee, for a period of up to one year for the purpose of child raising. Sick and vacation leave shall not accrue during this period.
(f)
An employee injured on the job who is receiving workers' compensation will not be charged with sick leave when such compensation checks are endorsed over to the town treasurer. Such employees will continue to receive regular wages during the period covered by such insurance.
(Code 1986, § 2-228; Ch. 1059, § 2, 2-4-2019)
Sec. 54-119. - Holidays.#
(a)
Employees are entitled to a day off with pay at their regular rate of pay on holidays which occur, or are celebrated, within an employee's assigned basic workweek. Such holidays are as follows:
New Year's Day;
Martin Luther King Day;
Washington's Birthday;
Memorial Day;
Independence Day;
Victory Day;
Labor Day;
Columbus Day;
Armistice Day;
Thanksgiving Day;
Christmas Day.
(b)
An employee who is absent on leave without pay shall not be paid for official holidays.
(c)
Any holiday falling on an employee's normal day off will be compensated with an extra day's pay.
(Code 1986, § 2-229)
Sec. 54-120. - Personal leave.#
Senior management team employees may receive personal leave of three days with pay in any one fiscal year with the approval of the town manager or his/her designee. In the event that an employee does not use any sick leave days within a six-month period, commencing July 1 through December 31, and then January 1 through June 30 of each fiscal year, he or she shall be granted one additional personal day off for each such period. All personal leave must be used by June 30 of each fiscal year; unused personal leave shall not be paid out.
(Ch. 893, § 3, 10-15-2007)
Secs. 54-121—54-135. - Reserved.#
DIVISION 5. - BENEFITS AND SERVICES#
Sec. 54-136. - Health insurance.#
The town provides family health insurance coverage for its employees. (1)
All full-time employees receive paid family blue cross/blue shield plan and delta dental level II. Major medical coverage with a $50.00 deductible is also provided.
(2)
Employees receive health insurance the first of the month following employment. It is very important to notify the treasurer's office of the following in order to update blue cross/blue shield and delta dental coverage:
a.
Birth of a child;
b.
Marriage or divorce;
c.
Marriage or death of dependent;
d.
Death of spouse;
e.
Change of address.
(3)
Health insurance changes will be made effective on the first of the month following notification of change. Information describing the health insurance benefits is available in the treasurer's office. Questions concerning coverage should be directed to the treasurer's office.
(Code 1986, § 2-241)
Sec. 54-137. - Life insurance.#
Unless otherwise provided for pursuant to a collective bargaining agreement, $50,000.00 of term life insurance is provided to the employees during their employment with the town.
(Code 1986, § 2-242; Ch. 893, § 4, 10-15-2007)
Sec. 54-138. - Retirement.#
(a)
The town has its own pension plan, and a percentage of the employee's earnings is deducted from the employee's paycheck and paid into the retirement plan. The town contributes a percentage of the employee's income into the plan. Participation in the pension plan is mandatory for all employees.
(b)
Unless otherwise provided pursuant to a collective bargaining agreement or employment contract, all employees who retire after January 1, 2010 shall be required to contribute two percent of their monthly pension benefit toward the cost of their health and dental care.
(Code 1986, § 2-243; Ch. 893, § 5, 10-15-2007)
Cross reference— Retirement and pensions, ch. 58.
Sec. 54-139. - Co-payment.#
(a)
Unless otherwise provided for pursuant to a collective bargaining agreement or employment contract, the following schedule of health care premium and dental care premium co-payments through regular payroll deductions shall apply to all nonunion employees that currently (as of the date of passage of this section) do not have a co-payment obligation:
(1)
Five percent, as of January 1, 2008;
(2)
Ten percent, as of July 1, 2008;
(3)
Fifteen percent, as of January 1, 2009.
(b)
Unless otherwise provided for pursuant to a collective bargaining agreement or employment contract, employees that have existing health and dental co-payment obligations prior to the date of passage of this section shall pay 15 percent of said health care and dental care premiums, through regular payroll deductions.
(Code 1986, § 2-244; Ch. 893, § 6, 10-15-2007)
Secs. 54-140—54-155. - Reserved.#
DIVISION 6. - SEPARATIONS AND DISCIPLINARY ACTIONS#
Sec. 54-156. - Types of separation.#
All separations of employees from positions in the classified service shall be designated as one of the following types and accomplished in accordance with the manner indicated: (1)
Resignation (section 54-159);
(2)
Layoff (section 54-160);
(3)
Removal (section 54-161);
(4)
Disability (section 54-162);
(5)
Death (section 54-163);
(6)
Retirement (section 54-164);
(7)
Dismissal (section 54-165).
(Code 1986, § 2-256)
Sec. 54-157. - Conditions of separation.#
At the time of separation and prior to final payment, all records, assets or other items of town property in the employee's custody shall be transferred to his department head. Any amount due because of a shortage in the above shall be withheld from the employee's final compensation or collected through other appropriate action.
(Code 1986, § 2-257)
Sec. 54-158. - Payment of earned compensation and leave upon separation.#
Employees who separate from the town service in good standing shall receive payment for all earned salary, compensatory time and vacation leave, subject to deduction for any indebtedness pursuant to section 54-157.
(Code 1986, § 2-258)
Sec. 54-159. - Resignation.#
An employee may resign from the town service in good standing by submitting in writing the reasons therefor and the effective date to the department head at least 14 calendar days in advance. The department head may permit a shorter period of notice because of extenuating circumstances. The resignation shall be forwarded to the town manager with a statement by the department head as to the resigned employee's service performance and pertinent information concerning the cause of the resignation. Failure to comply with this section may be cause for denying future employment with the town.
(Code 1986, § 2-259)
Sec. 54-160. - Layoff.#
When a position must be discontinued or abolished because of a change in duties, reorganization, lack of work, or lack of funds, the department head shall submit a report to the town manager together with a recommendation as to the employee to be laid off. (1)
Order of layoff. The town manager shall determine the order of layoff of employees on the basis of the relative suitability for the jobs that remain and length of continuous service with the town, except that no regular employee shall be separated while there is a temporary or probationary employee in any class in that department performing duties for which the regular employee is at least equally qualified, and applies.
(2)
Notice of layoff. Regular employees subject to layoff shall be notified in writing four calendar weeks prior to the effective date, but in an emergency, no less than two calendar weeks.
(Code 1986, § 2-260)
Sec. 54-161. - Removal.#
At any time during the probationary period, the town manager may separate, in accordance with the probation section of the rules of this article, an employee whose performance does not meet the required standards.
(Code 1986, § 2-261)
Sec. 54-162. - Disability.#
An employee may be separated for disability when such employee cannot adequately perform the full duties of their position because of physical or mental impairment. Action may be initiated by the employee, his legal representative or the town, but in all cases must be supported by medical evidence acceptable to the town manager. The town may require an examination at its expense and performed by a physician of its choice.
(Code 1986, § 2-262)
Sec. 54-163. - Death.#
Separation shall be effective as of the date of death. All eligible compensation due shall be paid to the estate of the employee, except for such sums as by law may be paid to the surviving spouse.
(Code 1986, § 2-263)
Sec. 54-164. - Retirement.#
Employees shall be separated no later than the day prior to reaching the mandatory age and/or time restrictions in the pension plan.
(Code 1986, § 2-264)
Sec. 54-165. - Disciplinary actions.#
(a)
Whenever employee performance, attitude, work habits or personal conduct at any time fall below a desirable level, supervisors shall inform them promptly and specifically of such lapses and give counsel and assistance. If appropriate and justified, a reasonable period of time for improvement may be allowed before initiating a disciplinary action. In some instances a specific incident may justify severe disciplinary action in and of itself; however, the action to be taken depends on the seriousness of the incident and the whole pattern of the employee's past performance and conduct.
(1)
Reprimand. In situations where an oral warning has not resulted in expected improvements, or where more severe initial action is warranted, a written reprimand shall be sent to the employee and a copy shall be placed in the employee's personnel file.
(2)
Suspension. A regular employee may be suspended by the town manager or department head with or without pay for reasons of misconduct, negligence, inefficiency, insubordination, disloyalty, unauthorized absence or other justifiable reasons when alternate personnel actions are not appropriate. Within 48 hours, exclusive of Saturday, Sunday or holiday, the town manager and the employee shall be furnished with a written statement of such action specifically setting forth the reasons for the suspension and the appeals procedure. Any regular employee so suspended shall have the right to appeal as provided in the grievance section of this article.
(3)
Dismissal or demotion. The town manager may dismiss or demote an employee for the good of the town service. A department head may recommend such action to the town manager. Reasons for such action may include, but shall not be limited to:
a.
Activities prohibited by the town Charter or a town ordinance.
b.
Failure to meet prescribed standards of work, morality and ethics to an extent that makes an employee unsuitable for employment in the town service.
c.
Theft or destruction of town property.
d.
Incompetence, inefficiency or negligence in the performance of duties.
e.
Insubordination that constitutes a serious breach of discipline.
f.
Unwillingness to perform normal quality or quantity of work.
g.
Conviction of a criminal offense.
h.
The use of abusive language toward a superior or the public.
i.
Notoriously disgraceful personal conduct.
j.
Fraudulently obtaining sick or injury leave.
k.
Unauthorized absences or abuse of leave privileges.
l.
Acceptance of any valuable consideration which was given with the expectation of influencing the employee in the performance of his duties.
m.
Falsification of records or use of official position for personal advantage.
n.
Dishonesty, deliberate untruthfulness, drunkenness, recklessness on the job, habitual tardiness, misconduct, and attitudes which constitute an unwholesome influence on other employees.
o.
Action or conduct affecting or impairing the efficiency of the town service or that may bring the town into disrepute.
(b)
Within 48 hours, exclusive of Saturday, Sunday or holidays, the town manager and the employee shall be furnished with a written statement of such action as recommended by the department head specifically setting forth the reasons for the action and the appeals procedure. Any regular employee dismissed or demoted shall have the right to appeal. If the employee fails to appeal, the action of the department head or town manager shall be effective on the date specified. It is the policy of the town not to rehire former employees who have been dismissed, or resigned while charges were pending.
(Code 1986, § 2-265)
Secs. 54-166—54-180. - Reserved.#
DIVISION 7. - GRIEVANCE PROCEDURES#
Sec. 54-181. - Enumeration.#
Employee grievances concerning the administration of this article shall be presented as follows: (1)
The aggrieved employee shall first notify his immediate supervisor in writing of the nature and facts of the grievance within three working days of its occurring. The immediate supervisor shall make and return his resolution of the grievance in writing within three working days after such notification. If the supervisor's resolution of the matter is not satisfactory to the employee, he shall submit such grievance in writing to the department head within three working days. Within ten working days after the department head receives such grievance, he shall make and return to the employee his resolution of the matter in writing. When the immediate supervisor is the department head, the department head shall respond in writing within ten working days after receipt of the grievance.
(2)
Grievances which cannot be settled at the department level shall be submitted within five working days to the town manager in writing.
(3)
The town manager may call a meeting to review the nature and facts of the grievance. The aggrieved employee, his representative, if any, the department head, and any other person involved in the complaint may be called to attend such meeting. The town manager, within ten working days of the date of its receipt, shall render a written resolution of the grievance.
(4)
Failing to settle the grievance at the level of the town manager, the employee shall present his grievance, in writing, to the personnel appeals board within ten working days of the town manager's decision. The personnel appeals board shall resolve the matter, in writing, within ten days after the hearing.
(5)
If any grievance is not presented within the specified time limit, it shall be considered waived. The time limit may be extended by mutual agreement at each step.
(Code 1986, § 2-276)
Secs. 54-182—54-195. - Reserved.#
DIVISION 8. - POSITION CLASSIFICATION#
Sec. 54-196. - Position classification list adopted by resolutions.#
The town council shall adopt by resolution prior to the start of each fiscal year a position classification list which shall include the maximum authorized number of permanent employees for each department/division for the ensuing year.
(Code 1986, § 2-321)