The text
DIVISION 1. - GENERALLY#
Secs. 2-111—2-125. - Reserved.#
DIVISION 2. - HIGHWAY DEPARTMENT#
FOOTNOTE(S):
--- (5) --- refcharter or refcross or refstatelaw Cross reference— Streets and sidewalks, Ch. 13.
Sec. 2-126. - Authority.#
This division is enacted pursuant to Chapter 279 of Public Laws 1974.
Comment Text (parent not a footnote)(Ord. of 6-13-74, § 1)
Sec. 2-127. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Continuous employment shall mean full-time employment for a period of two (2) years with time out for vacations, holidays and normal sick leave.
Full-time employee shall mean an employee who regularly works at least a thirty-hour workweek.
Comment Text (parent not a footnote)(Ord. of 6-13-74, § 3)
Cross reference— Comment Text (parent not a footnote)Definitions and rules of construction generally, § 1-2.
Sec. 2-128. - Appointment as permanent employee; tenure.#
Full-time employees of the highway department who satisfactorily complete two (2) years of continuous employment shall be eligible, upon appointment by the town council, to become permanent employees of the highway department and shall thereafter hold a job in such department until vacated by death, disability, or retirement except as hereafter provided. All employees of the department who are not permanent employees shall serve at the pleasure of the town council.
Comment Text (parent not a footnote)(Ord. of 6-13-74, § 2)
Sec. 2-129. - Transitional provision.#
All full-time members of the highway department who have been employed for at least two (2) years immediately preceding June 13, 1974, shall immediately become permanent employees. Except as provided in this section no person shall become a permanent employee unless the town council shall appoint him as such.
Comment Text (parent not a footnote)(Ord. of 6-13-74, § 4)
Sec. 2-130. - Residence of employees.#
All employees of the highway department, whether permanent employees or not, shall, except as otherwise provided in this section, reside in the town. Any employee of the highway department who ceases to reside within the town shall be deemed by reason of such removal from the town to have resigned as an employee of the highway department, except that the town council may by special resolution continue his employment for such time as may be required to obtain a replacement.
Comment Text (parent not a footnote)(Ord. of 11-11-76(2), § 1)
Sec. 2-131. - Suspension.#
(a)
Generally. The town council or the president of the town council may, at any time, suspend any permanent employee of the highway department until the next regular meeting of the town council at which meeting the president shall report any and all suspensions, with the reasons therefor. The town council may continue such suspension until the next regular meeting following, at which meeting such employee shall either be reinstated or appropriate action shall be taken under subsections (b) and (c) of this section.
(b)
Grounds. Any permanent employee of the highway department shall be subject to suspension without pay for a period not to exceed thirty (30) days or discharge from employment by order of the town council at any regular meeting thereof for misconduct, mental or physical incapacity, neglect of duty, insubordination of such a character as the town council may deem a disqualification for employment, or other proper cause.
(c)
Procedure. No permanent employee of the highway department shall be suspended or discharged under subsection (b) of this section without being given, if he so requests in writing, a statement of charges and a hearing before the town council.
Comment Text (parent not a footnote)(Ord. of 6-13-74, §§ 5—7)
Sec. 2-132. - Appeal from discharge, suspension.#
Any permanent employee of the highway department aggrieved by an order of discharge or suspension by the town council may appeal therefrom to the county superior court within twenty (20) days next after such order by filing a complaint with the clerk of the superior court.
Comment Text (parent not a footnote)(Ord. of 6-13-74, § 8)
Sec. 2-133. - Scope of employment.#
Permanent employment shall be limited to permanent employment within the highway department only, and it shall not be construed as providing permanent employment in a particular job or grade, including the position of director of public works within the department.
Comment Text (parent not a footnote)(Ord. of 6-13-74, § 10)