The text
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)