DIVISION 6. - SEPARATIONS AND DISCIPLINARY ACTIONS
Part of the Code of Ordinances of Narragansett, RI.
The text
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)