M E M O R A N D U M
TO: /TOWN OF
FROM:
RE: PERSONNEL POLICIES
DATE: , 20
Enclosed is a draft of personnel policies for the Town. Please review the provisions and
make changes where needed, especially the annual and sick leave provisions and holidays. After
you have made changes please contact me so that we can review the manual together. After you
and I have made the necessary changes I will prepare a draft for the Mayor and Board for review
and further revision.
MANUAL
PERSONNEL POLICIES AND PROCEDURES
TOWN OF , MISSISSIPPI
PREPARED BY:
ADAMS, EDENS & AKERS
A Professional Association
Post Office Box 400
Brandon, Mississippi 39043
TABLE OF CONTENTS
Introduction
Forward ................................................................................................................................ i
Interpretation ........................................................................................................................ ii
Section 1.00 Definitions ..................................................................................................... iii
Section 2.00 - General Provisions ........................................................................................ 1
2.01 Purpose ............................................................................................................. 1
2.02 Positions Covered ............................................................................................ 1
2.03 Administration ................................................................................................. 1
2.04 Policy of Equal Employment Opportunity ...................................................... 1
2.05 Employment of Relatives ................................................................................. 1
Section 3.00 - Recruitment, Application, Selection and Placement .................................... 3
3.01 Administration ................................................................................................. 3
3.02 Recruitment ...................................................................................................... 3
3.03 Acceptance of Applications ............................................................................. 3
3.04 References ........................................................................................................ 3
3.05 Performance Examinations .............................................................................. 4
3.06 Oral Interview .................................................................................................. 4
3.07 Selection and Placement .................................................................................. 4
3.08 General Provisions ........................................................................................... 5
3.09 Residency Requirements .................................................................................. 5
3.10 Types of Appointments .................................................................................... 5
3.10.1 Conditional Appointment6
3.10.2 Permanent Appointment ............................................................................... 6
3.10.3 Temporary Appointment ............................................................................... 6
3.10.4 Exempt Class Appointments ......................................................................... 6
3.10.5 Seasonal Appointment .................................................................................. 7
3.10.6 Part-Time Appointment ................................................................................ 7
3.10.7 Student Appointment .................................................................................... 7
3.11 Probationary Period ......................................................................................... 8
3.12 Disqualification ................................................................................................ 8
Section 4.00 - Conduct of Employees .................................................................................. 9
4.01 Hours of Work ............................................................................................................. 9
4.02 Pay Periods ....................................................................................................... 9
4.03 Over Time ........................................................................................................ 9
4.04 Outside Employment ....................................................................................... 9
4.05 Political Activity ............................................................................................ 10
4.06 Bulletin Boards .............................................................................................. 10
4.07 Prohibitions .................................................................................................... 10
4.08 Using Official Authority ................................................................................ 11
4.09 Political Campaigns ....................................................................................... 11
4.10 Political and Religious Beliefs ....................................................................... 11
Section 5.00 - Leaves of Absence ...................................................................................... 12
5.01 General Policy ................................................................................................ 12
5.02 Holidays With Pay ......................................................................................... 12
5.02.12 Holidays on Scheduled Work Day ............................................................ 13
5.02.13 Eligibility for Holiday Pay ........................................................................ 13
5.03 Annual Leave ................................................................................................. 14
5.04 Sick Leave ...................................................................................................... 15
5.04.1 Amount of Sick Leave ................................................................................ 15
5.04.2 Approval of Sick Leave .............................................................................. 15
5.04.3 Sickness in the Family ................................................................................ 16
5.04.4 Notification of Absence .............................................................................. 17
5.04.4(a) Terminations ........................................................................................... 17
5.04.4(b) Transfer .................................................................................................. 17
5.04.4(c) Computing Sick Leave ........................................................................... 18
5.04.4(d) Military Leave ........................................................................................ 18
5.04.4(e) Civil Leave ............................................................................................. 19
5.04.4(f) Death in Family ....................................................................................... 20
5.04.4(g) Leave Without Pay ............................................................................... 20
5.04.5 Family and Medical Leave Act .................................................................. 21
Section 6.00 - Disciplinary Action ..................................................................................... 23
6.01 General Provisions ......................................................................................... 23
6.02 Forms of Disciplinary Action ........................................................................ 25
(a) Reprimand ............................................................................................ 25
(b) Dismissal .............................................................................................. 25
Section 7.00 - Grievances .................................................................................................. 27
7.01 General Policy ................................................................................................ 27
7.02 Definition ....................................................................................................... 27
7.03 Procedure ....................................................................................................... 27
7.04 General Provisions ......................................................................................... 28
Section 8.00 - Safety and Accident Prevention ................................................................. 30
8.01 General Policy ................................................................................................ 30
8.02 Purpose ........................................................................................................... 30
8.03 Accident: Reporting Procedures .................................................................... 30
8.03.1 Personal Injuries .................................................................................... 30
8.03.2 Accidents Involving Town Equipment ................................................. 31
8.04 Employee Participation .................................................................................. 31
Section 9.00 - Separations .................................................................................................. 32
9.01 Types of Separations ...................................................................................... 32
9.01.1 Resignation ........................................................................................... 32
9.01.2 Lay-off .................................................................................................. 32
9.01.3 Disability or Illness ............................................................................... 33
9.01.4 Death ..................................................................................................... 33
9.01.5 Dismissal ............................................................................................... 33
9.02 Municipal Property ........................................................................................ 34
9.03 Rights of Employees ...................................................................................... 34
Section 10.00 - Position Classification Plan ...................................................................... 35
10.01 Purpose ......................................................................................................... 35
10.02 Use of Position Specifications ..................................................................... 35
10.03 Use of Position Classification Plan .............................................................. 35
10.04 Administration ............................................................................................. 35
10.05 New or Revised Position Description .......................................................... 35
Section 11.00 - Performance Evaluation ........................................................................... 37
11.01 General Policy .............................................................................................. 37
11.02 Administration ............................................................................................. 37
11.03 Department Heads ........................................................................................ 37
Section 12.00 - Social Security, Group Insurance and Retirement .................................... 38
12.01 Social Security ............................................................................................. 38
12.02 Insurance ...................................................................................................... 38
12.03 Retirement .................................................................................................... 38
Section 13.00 - Changes in Status and Transfers ............................................................... 39
13.01 Status Change ............................................................................................... 39
13.02 Transfers ...................................................................................................... 39
13.03 Other Matters .............................................................................................. 39
Section 14.00 - Records and Reports ................................................................................ 40
14.01 General Provisions ....................................................................................... 40
14.02 Records Required ......................................................................................... 40
14.02.1 Basic Records ...................................................................................... 40
14.02.2 Records to be Preserved for Two Years ............................................. 40
14.02.3 Records to be Preserved for Three Years ........................................... 41
14.03 Types of Forms ............................................................................................ 41
Section 15.00 - Changes in Policies and Procedures ......................................................... 43
INTRODUCTION
FORWARD
These Personnel Policies and Procedures of the TOWN OF PELAHATCHIE,
Mississippi, are designed to provide a sound system for personnel management and
administration. Notwithstanding any provision contained herein to the contrary, these Personnel
Policies and Procedures apply to all personnel with the exception of the following:
1. The Mayor and Board of Aldermen
2. Members of boards and commissions in the Town's service
3. Persons employed to make or conduct a special investigation, inquiry,
examination, or installation, where the governing authorities deem that such employment is
temporary and that the work should not be performed by employees in the municipal service.
No changes, amendments, or variations may be made to these Personnel Policies and
Procedures until submitted to and approved by the Mayor and Board of Aldermen.
Under adoption of these Personnel Policies and Procedures by the Board of Aldermen, all
previously established Town and Department policies and procedures in conflict with those set
forth herein will be voided and superseded.
INTERPRETATION
The rules and regulations are intended to provide practical guidance regard ing most
personnel matters and actions which will arise. Those situations not specifically discussed shall
be interpreted by the Mayor in his discre tion, with the advice of the city personnel officer and/or
any administrative subordinate. Such interpretations shall be in keeping with the intent of
governing statutes and the purpose of these rules and regulations.
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The employment of all employees covered by these personnel rules and regula tions is for
an indefinite term and continues at the pleasure of the Town. Nothing contained in these rules
and regulations shall be interpreted or construed to create any right, property interest, or
contractual interest in confined employment on behalf of any such employee. The grievance
pro cedure and other disciplinary procedures contained herein are solely proce dural in nature; the
existence of such procedures does not, and shall not, create or imply any substantive limitation
upon the discretion of any author ized authority/subordinate to impose disciplinary action,
including termi nation, for any reason.
Moreover, from time to time the Town administration has to make decisions without
prior consultation with employees. The Town must therefore maintain exclusive discretion to
exercise the customary functions of management, includ ing but not limited to, the discretion to
dismiss and discipline employees, to determine the size and composition of the work force, to
establish, change, or abolish or modify the personnel rules and regulations, and to assign duties
to employees in accordance with the needs of the Town.
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1.00 DEFINITIONS
The words and terms used in this section, to the extent that they are used in this manual
and elsewhere in documents relating to personnel procedures, shall have, unless the context
otherwise requires, the following meanings.
1.01 APPLICANT : A person who is seeking employment with the TOWN OF
PELAHATCHIE.
1.02 BOARD : The Board of Aldermen of the Town of Pelahatchie.
1.03 CERTIFICATION : The act of certifying.
1.04 CERTIFY : To attest authoritatively or to verify.
1.05 TOWN : TOWN OF PELAHATCHIE, a municipal corporation in the county of
Rankin, State of Mississippi.
1.06 TOWN CLERK : The duly appointed Town Clerk of the Town of Pelahatchie.
1.07 CLASSIFICATION : The assignment or allocation of a position to a
corresponding job description and pay rate commensurate with the duties and
responsi bilities of the position.
1.08 COMPENSATION : The remuneration of a position including salary, wage,
uniform allowance, food, maintenance, and transportation when the same is
furnished.
1.09 DAY OFF : A day during the work week upon which an employee has not been
scheduled to work.
1.10 DEPARTMENT : A major subdivision of the organization of the Town, as
provided by statute or by ordinance.
1.11 DIVISION : A functional unit of a department.
1.12 DISABILITY : Incapacity to perform regular work duties.
1.13 DISCIPLINARY ACTION : Demotion, fine, written reprimand, suspension,
dismissal, or any combination.
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1.14 FULL TIME : An employee who is serving in a job for which there has been
scheduled or established forty (40) or more work hours per week.
1.15 HOLIDAY : A holiday that is observed by the Town and any other day as the
Mayor and Board of Aldermen designate.
1.16 INDIVIDUAL BASE RATE : Rate per hour or the base salary which is paid an
employee for work in the individual base job. Individual base rate does not
include overtime.
1.17 PART-TIME/HALF-TIME EMPLOYEE : Part-time indicates that the employee
is to work for the Town on a continuing basis, but will devote less than 100
percent of the normal time specified for a regular appointment in the affected job.
An employee who works an average minimum of twenty (20) hours in a week is
considered half-time.
1.18 PERMANENT EMPLOYEE : An employee who has successfully completed the
probation period as specified upon original appointment.
1.19 RECLASSIFICATION : The reassignment of a position from one job description
and corresponding title to another job description and title corresponding to actual
duties and responsibilities performed.
1.20 RECRUITMENT : The term applies to that phase of personnel management
which is concerned with reaching out and attracting a supply of people from
which to select qualified candidates for job vacancies.
1.21 RESIGNATION : When any employee has voluntarily withdrawn from municipal
employment. Resignation does not reflect discredit upon an employee, provided
adequate notice has been given.
1.22 SCHEDULED WORK DAY : A day during the work week upon which an
employee has been scheduled to work.
1.23 SEPARATION : The discharge of an employee from his/her job.
1.24 SUSPENSION : When an employee is temporarily forbidden to serve in his/her
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job. A suspended employee may or may not enjoy the pay normally received for
services rendered depending on decisions of the Town.
1.25 WORK DAY : The hours, during any twenty-four con secutive hours, upon which
scheduled working hours may be established.
1.26 WORK WEEK : The days during any seven consecutive days, upon which
scheduled working hours may be established.
1.27 WORK PERIOD : The recurring unit of time in days in which work hours are
counted for compensation purposes.
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2.00 GENERAL PROVISIONS
2.01 PURPOSE : The purpose of these rules is to Set forth the principles and
procedures that are to be followed by the TOWN OF , Mississippi, in the
administration of its personnel program. These rules are not intended to be
inflexible; therefore, it is expected that amendments and revisions will be made in
the manner provided by the rules whenever necessary to assure effective
administration of the Town's personnel program.
2.02 POSITIONS COVERED : These rules and amendments when approved by the
Mayor and Board shall be applicable to all positions in the municipal service
except as otherwise provided.
2.03 ADMINISTRATION : These rules shall be administered by the Town Clerk and
Department Heads.
2.04 POLICY OF EQUAL EMPLOYMENT OPPORTUNITY : It is a firm policy of
the Town, to provide equal opportunity in employment of all persons, to prohibit
discrimination in employment because of race, color, religion, sex, national
origin, physical handicap, disability or age, and to promote the full realization of
equal employment opportunity. This policy applies to, and is an integral part of,
every aspect of personnel policy and practice in the employment, development,
advancement, and treatment of employees.
2.05 EMPLOYMENT OF RELATIVES : It is the policy of the Town that relatives
within the third degree of relationship may not be employed in the same
department, where he/she would be employed in a Supervisory capacity over, or
in a position under the super vision of a relative. Relatives include spouse and in-
laws, step-relatives, and half -relatives to the third degree. This is defined
specifically as parent; then first degree - child; second degree -grandchild,
grandparent, brother, sister; third degree - great-grandchild, great-grandparent,
1
uncle, aunt, nephew, niece. If two employees become relatives in any manner as
set forth in this paragraph as a result of marriage, they will not be allowed to work
in the same depart ment if their employment would be in contravention to the
provisions of this paragraph. It will be necessary for one to be transferred or to
resign effective on or before the date of the marriage. This rule shall apply to any
person who is re-employed as well as a new employee.
This provision is not applicable to employee relation ships existing at the time these
procedures are approved by the Board.
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3.00 - RECRUITMENT, APPLICATION, SELECTION, AND PLACEMENT
3.01 ADMINISTRATION : The Department Heads shall be responsible for the re -
cruitment of employees for their department. All personnel files shall be
maintained by the Town Clerk. The selection and placement of applicants for
posi tions shall be the responsibility of the Department Heads in concurrence with
the Mayor and Board of Aldermen.
3.02 RECRUITMENT : The Town Clerk or Department Heads shall publicize
vacancies as they occur to provide applicants to fill the vacant positions, stressing
that the Town is an Equal Opportunity Employer. Complete Job descriptions may
be provided to recruitment sources including the local office of the State
Employment Service to make the applicants a ware of the nature and
responsibilities of the job, duties to be performed and requirements. Present
employees shall also be advised of existing vacancies so that they also may apply.
3.03 ACCEPTANCE OF APPLICATIONS : The Town Clerk and Department Heads
may accept applications for employment. Applicants shall answer all questions
and furnish all information on the forms of application as prescribed by the Town.
All application forms shall be kept on file for a period of one (1) year.
3.04 REFERENCES : References provided by applicants shall be checked by the
Department Heads to determine the most desirable applicants. These reference
checks shall be made prior to an offer of employment, and will be considered
confidential and be recorded as a permanent part of the applicant's personnel file.
Such references provided by the applicant shall be those who would know of the
occupational qualifications of the applicant, and should not include solely
character references.
3:05 PERFORMANCE EXAMINATIONS : In positions where speed and accuracy in
typing or other skills are essential, a performance examination shall be
3
administered by the Department Head. Such examination shall be directly job-
related to the position applied, and shall be used to determine whether the
applicant can perform such skills as a requisite to the position.
In all positions, the employee shall be subject to a three (3) month
conditional employment period, in which his/her ability to perform the duties and
responsibilities of the job will be determined and evaluated. At the end of the
three (3) month period, the conditional employee will be evaluated and either
granted permanent employment or terminated subject to these procedures and the
laws and statutes of the State of Mississippi.
3.06 ORAL INTERVIEW : Applicants for employment shall be subject to an oral
interview with the Department Head where the vacancy is to be filled. The oral
interview shall be centered around job-related activities and will be used to
determine the applicant's ability to deal with and communicate effectively with
others, ability to meet the public, or other personal traits and skills and abilities.
3.07 SELECTION AND PLACEMENT : When a vacancy is to be filled, the affected
Department Head shall consider all applicants for that job. The Department Head
shall select from those applicants the one to fill the vacancy, based on those
criteria likely to predict satisfactory performance in the vacant position. Such
criteria include: work experience, educational background, oral interview, and/or
performance test, and occupational references.
The Department Head shall gain the approval of the Mayor and Board of
Aldermen prior to issuing an offer of employment.
All such forms of application, reference checks, and information regarding
the position and applicant shall be submitted to and filed with the Town Clerk
upon placement to assure the completeness of the personnel file, and that the
employee is placed on the payroll.
3.08 GENERAL PROVISIONS : Applicants for employment who request information
4
via telephone or in person when a vacancy does not exist in the Town will be
advised that no vacancy exists.
Letters of offers of employment or rejection shall be issued only by the
Department Head in concurrence with the Mayor and Board, based upon pre-
employment inquiries regarding occupational qualifications.
No discrimination will be exercised nor tolerated, and such shall be in
direct violation of the Town Personnel Policies and Procedures.
3.09 RESIDENCY REQUIREMENTS : The Town does not at this time require
employees to maintain their domicile and principal place of Residence inside the
corporate limits.
3.10 TYPES OF EMPLOYMENT : The following types of employment may be made
to the Town in conformity with the rules established : Condi tional, permanent,
temporary, exempt class, seasonal part-time, and student.
3.10.01 Conditional Employment : A conditional employment is one made
to a permanent position by the Department Head and approved by the
Mayor and Board. The ap pointee is required to serve a probationary
period of three (3) months. Probationary employees shall receive paid
holi days as are observed. No vacation shall accrue during conditional
employment unless the employment becomes permanent.
3.10.02 Permanent Employment : After the probationary period and upon
written notification of satisfactory service and request by the Department
Head, the employee shall be in ducted as a permanent employment.
3.10.03 Temporary Employment : Positions may be filled with ap plicants
lacking the necessary qualifications on a tempor ary basis. Temporary
employment shall not exceed a period of six (6) months, after such time
the employee shall be termi nated or granted permanent status according to
successful performance on the Job. Temporary employment are not
5
awarded such benefits as permanent employees, except such holidays as
may be observed during their tenure or as specified upon employment.
3.10.04 Exempt Class Employment : Employment in the Exempt Class
shall be as follows when vacancies occur:
(a) The Heads of Departments shall be directly ap pointed by
the Mayor and Board.
(b) Professional staff paid on a fee or contractual basis shall be
selected by the Mayor and Board.
3.10.05 Seasonal Employment : Employment may be made to permanent
or temporarily created positions for duty during the summer months or
other seasons as approved by the Mayor and Board of Aldermen. Seasonal
employees are not granted such benefits as are permanent employees,
except holidays as may be observed during their tenure or other benefits as
specified at the time of their employment.
3.10.06 Part-Time Employment : Part-time indicates that the employee is
to work for the Town on a continuing basis, but will devote less than one-
hundred percent (100%) of the normal time specified for a regular
appointment in the affected position. Employees working an average
minimum of twenty (20) hours in a work week are considered half-time.
Part-time and half-time employees with over one year (12 months) of
continuous service shall receive paid holidays, sick and annual leave, and
other benefits on a relative percentage of time worked to the normal
designated benefits for similar full-time positions.
3.10.07 Student Employment : Student employees and internships may be
made to positions as approved by the Mayor and Board. Such appointees
are not granted benefits except holidays that may be observed during their
tenure.
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3.11 PROBATIONARY PERIOD : During conditional employment, a probationary
period of three (3) months exists during which time an employee must serve to the
satisfaction of the Department Head. The probationary period shall be regarded
as an essential part of the examina tion process and shall be utilized for closely
observing the employee's work, for securing the most effective adjustment of a
new employee to the position, and for eliminating any conditional employee
whose performance does not meet the required standards. Conditional
Employment terminates upon expiration of the probationary period and
employment with the Town ends unless a written evaluation by the Department
Head is entered in the personnel file which contains his or her recommendation
for permanent employment. During this period of probation, proba tionary
appointees may be discharged from their positions.
3.12 ADA : The Americans with Disability Act provisions shall be enforced at all
times.
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4.00 - CONDUCT OF EMPLOYEES
4.01 HOURS OF WORK : The hours of work shall be determined by the Mayor and
Board of Aldermen with the assistance of the Department Heads. When an
employee's normal schedule of work is changed, notice of such change shall be
given to the employee at least three days prior to the effective date thereof, if
possible.
Most municipal employees work a forty-hour week of five eight-hour
days. Administrative offices are open from 8:00 o'clock A.M. until 5:00 o'clock
P.M., with an hour for lunch. Starting and quitting time may vary depending on
the service employees provide. Employees are expected to do so at the request of
the Department Head.
4.02 PAY PERIODS : Employees terminated for cause and employees who voluntarily
leave employment with the Town will receive their final pay check on the next
regularly scheduled pay day unless prior arrangements have been made with the
Town Clerk and Mayor.
4.03 OVERTIME : Occasionally employees may be requested to work overtime. On
such occasions, employees subject to over time compensation will be paid one
and one-half times their regular rate of pay for all time in excess of forty (40)
hours per week or may receive equal time-off as compensation. No employee
will work overtime without the express consent of the department head.
4.04 OUTSIDE EMPLOYMENT : No employee may engage in other employment
which could cause a conflict of interest or result in use of his municipal
employment for personal gain. Outside employment must not interfere with
performance of duties for the Town. Any outside employment must meet with the
prior approval of the Department Head and Mayor and Board.
Request for permission to engage in outside employment must be
8
submitted to the Department Head and shall include the name of firm, position,
duties and hours of employment. The Department Head will then endorse the
request with his/her recommendation and transmit the request to the Mayor and
Board consideration.
4.05 POLITICAL ACTIVITY : An employee may express his/her opinion privately as
a citizen and may vote in any election for which he/she is qualified. In fact, all
employees are urged to use their right as citizens. However, no Town employee
may take active part in any political purpose, nor engage in any other types of
political activity during scheduled working hours.
4.06 BULLETIN BOARDS : Each department shall have one or more bulletin boards
located in places readily available to all employees. Job announcements will be
posted on them, as well as other items of importance to employees. Employees
should be encouraged to read the items on the bulletin board regularly to keep
abreast of current events and information that will inform them of changes in
policies and procedures.
4.07 PROHIBITIONS : No employees shall make any false statement, certificate, or
report regarding his/her position or other employees.
No employee considered for salary increase or promotion in the municipal
service shall either directly or indirectly give, render, or pay any money, service,
or other valuable thing to any person for or in connection with his/her salary
increase or proposed promotion.
No employee shall seek or attempt to use any political endorsement in
connection with obtaining a position in the municipal service, nor shall an
employee be actively engaged in supporting candidates for public office during
scheduled working hours.
Violation of any of the above provisions shall be grounds for dismissal or
rejection of an application.
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4.08 USING OFFICIAL AUTHORITY : No employee shall use his/her official
authority or influence to coerce the political action of any person or body. No
person shall dismiss, or cause to be dismissed, or threaten to dismiss, or make any
attempt to procure the dismissal of, or in any manner change the official rank or
compensation of any employee because of his/her political opinions or
affiliations.
4.09 POLITICAL AND RELIGIOUS BELIEFS : No discrimination shall be exercised
threatened, or promised against or in favor of any applicant, competitor or
employee, because of his/her political opinions or affiliations or religious beliefs
or creeds, provided such opinions, beliefs or creeds do not advocate the overthrow
of the government by force or violence.
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5.00 - LEAVES OF ABSENCE
5.01 GENERAL POLICY : The following types of leaves are officially established:
holidays, annual leave, sick leave, mili tary leave, civil leave, sickness or death in
the fami ly, and leave without pay. All leaves may be granted by the Department
Head in conformance with rules established for each type of leave. The
Department Head is required to maintain permanent records of any absence from
duty of employees and submit to the Town Clerk records of absences for each
type of leave on the forms provided.
5.02 HOLIDAYS WITH PAY : The following days are official holidays for eligible
employees whose work does not require being on duty on holi days.
5.02.1 New Years
5.02.2 Memorial Day
5.02.3 Floating Holiday
5.02.4 July 4th
5.02.5 Labor Day
5.02.6 Veterans Day
5.02.7 2 days Thanksgiving
5.02.8 2 days Christmas
5.02.9 Additional holidays may be announced by the Mayor and Board of
Aldermen at their discretion and other holidays as announced by the
Govenor.
5.02.10 It shall be the policy of the Town to insure that all permanent
employees enjoy the same number of holidays each year.
The standard shall be the number of holidays in a particular
year that will be celebrated by full-time employees working a 40-
hour week, Monday through Friday, or such other day as the
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Mayor and Board may determine. When a holiday falls on
Saturday, it will be observed on the preceding Friday. When a
holiday falls on Sunday, the following Monday will be observed as
the holiday, or as designated by the Mayor and Board. If any of
the observed holidays fall on a normal work day within a
scheduled annual leave period, one additional day of annual leave
shall be granted.
5.02.11 Holidays on Scheduled Work Day : Employees who are required to
work on an observed holiday shall be granted either a compen satory work
day of absence or an additional day of annual leave for each holiday
worked. When compensatory time is granted, it must be taken within the
same pay-period following the holiday worked, otherwise, the hours
worked shall be paid.
5.02.12 Eligibility for Holiday Pay : In order to receive pay for an observed
holiday, an employee must not have been absent without leave (A.W.O.L.)
either on the work day before or after the holiday.
5.03 ANNUAL LEAVE : Permanent employees of the Town are eligible to earn
annual (vacation) leave. Conditional, temporary, seasonal, and student employees
are not eligible to earn such leave. Annual (vacation) leave of 40 hours per year
will be earned after the first year of employment as a full time employee of the
Town.
Annual (vacation) leave of 80 hours per year will be earned after the
second year of full time employment and each subsequent year until the tenth
(10th) year when 120 hours of leave may be earned. After 15 years of service, an
additional eight (8) hours for each year of service will be earned.
Vacation leave shall be subject to the following:
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5.03.1Employees must accumulate at least 15 hours of vacation leave prior to
taking same.
5.03.2 Vacation leave may not accrue and any such leave that is not used for any
reason is automatically lost as of December 31 following the year in which
annual leave was earned.
5.03.3 If a holiday recognized by the Town falls within a formally approved
vacation period, one additional day of vacation leave shall be granted.
5.03.4 Earned annual (vacation) leave will be taken by employees. Exceptions
will require the approval of the Department Head, Mayor and Board.
5.03.5 Upon termination of employment employees shall be entitled to payment
for earned vacation time not used unless dismissed for cause.
No vacation leave may be scheduled without the prior approval of the Department
Head and verified by the Town Clerk. The employee's request as to the inclusive
dates of the vacation leave period will be care fully considered, however, the
essential need for continuing Town operations will be a primary factor for
consideration in either approving or disapproving vacation leave periods.
Vacation leave requests should be submitted on the proper forms to the
Department Head for review as early in the calendar year as possible.
5.04 SICK LEAVE : Permanent employees of the Town are eligible to earn sick leave.
Temporary, conditional, seasonal, and student employees are not eligible to earn
such leave. Permanent part-time, or half -time employees may earn sick leave on
a relative percentage of time worked to the number of days of sick leave earned
by full-time employees in similar positions after completing twelve (12) months
continuous employment.
5.04.1 Amount of Sick Leave : Permanent, full-time employees, after completion
of three (3) months consecutive employment are granted four (4) hours per
month sick leave.
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5.04.2 Approval of Sick Leave : Employees eligible for sick leave will be granted
such leave, with pay, upon approval of the Department Head for the
following reasons.
(a) Personal illness or injury;
(b) Personal medical, dental, or optical examinations.
Employees who do not take over two (2) hours for medical, dental or
optical examinations shall not be charged with sick leave, provided they present
appropriate written evidence verifying such examination and do not accumulate
more than six (6) hours per year of such examination.
A medical certificate may be required in connection with all absences due
to illness in excess of two (2) consecutive days.
If employees are absent from duty on a recurring basis, due to illness, the
Department Head may require a medical certificate for each period of absence,
regardless of duration. Also, if an employee who is absent due to illness is
expected of malingering, a medical certificate shall be required for each period of
absence.
Sick leave is not intended to be used as annual leave. It is a gratuity paid
to the employee when he/she is sick or ill. Employees who abuse the use of sick
leave will be required to present a medical certificate for each period of absence.
Abuse of sick leave thus occurring shall be cause for reprimand, loss of pay, or
dismissal of the employee.
Employees suffering from medically defined catastrophic illness may,
upon written request, receive additional consideration by the Mayor and Board.
5.04.3 Sickness in the Family : Sick leave may be granted by the Department
Head and approved by the Mayor, for the illness of a member of an
employee's immediate family that requires the employee's personal care
and attention. A married employee's immediate family is defined to mean
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spouse, son or daughter. For a single employee, immediate family is
defined to mean parent, brother or sister. The sick days so granted under
the above provision will be chargeable to the employee's accumulated
annual sick leave or vacation leave.
5.04.4 Notification of Absence : Employees who are absent from duty due to
illness will be expected to notify their Department Head of the necessity of
such absence within one hour after their normal beginning tour of duty, on
the day of their illness. If the employee is unable to provide such notice,
he/she will be expected to have some one else notify their Department
Head as to the reason for his/her absence from duty.
(a) Terminations - An employee at the termination of
employment by resignation, lay-off, termination for cause,
or other reason, shall not be given accumulated sick leave.
This is a gratuity to be paid only during illness or accident
while in the employ of the Town. In the case of a disability
retirement, the employee shall be allowed to use up all
accumulated sick leave and vacation leave before the
effective date of the disability retirement.
(b) Transfer - When an employee is transferred to another
position, any unused sick leave which may have been
accumulated since the employee's anniversary date shall
continue to be available for his/her use as necessary.
(c) Computing Sick Leave - Absence for a fractional part of a
day that is chargeable to sick leave in accordance with
these provisions shall be charged in an amount not smaller
than one-quarter of a day ( 2 hours).
(d) Military Leave - For the purpose of this regulation,
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"Armed Forces" are defined to include the Army, Navy,
Marine Corps, Air Force, and Coast Guard. "Reserve
Components" are defined to include the federally
recognized National Guard and Air National Guard of the
United States, the Officers Reserve Corps, the Regular
Army Reserve, the Air Force Reserve, the Enlisted Reserve
Corps, the Naval Reserve, the Marine Corps Reserve and
the Coast Guard. Permanent employees of the Town who
are members of the National Guard or any reserve
component of the Armed Forces of the United States, shall
be entitled to a leave of absence not to exceed fifteen (15)
consecutive calendar days per year without loss of benefits
during the time which they are engaged in the performance
of official training duty in this State or in the United States
under competent orders.
Permanent employees who are members of the National Guard or any
reserve component of the Armed Forces of the United States, and are required to
engage in annual training, shall be granted a military leave of absence and the
Town will reimburse employee on a differential basis (difference between
military pay and employee's salary while on official leave).
To receive payment of differential salary an employee must, prior to
his/her leave, file with the Department Head a copy of his/her official orders, and
upon return a certification from his/her commanding officer of performance of
duty and amount of service in accordance with the terms of such orders.
(e) Civil Leave - Permanent full-time employees of the Town who are
required to serve as jurors, or to attend court or a coroner's inquest
as a witness, may be excused from work, with differential pay, for
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the day or days in which they serve in such capacity.
A copy of the summons to report for jury duty or to serve as a witness in
court or at a coroner's inquest must be presented by the employee to the
Department Head and Town Clerk prior to departure for such service, if possible.
If, due to unusual circumstances, this procedure is not possible, the employee
concerned shall notify the Department Head of his/her proposed absence at the
earliest possible date. In such instances, a copy of the appropriate summons and
amount of pay will be furnished by the employee to the Department Head and
Town Clerk when he returns to work.
If an employee is released from jury duty by the court at noon, or at any
time prior thereto, on a regularly scheduled duty day, he/she shall report to work
within one hour after being released by the court.
(f) Death in Family - Up to three (3) working days, per occurrence
may be granted for death of a member of an employee's immediate
family. Immediate family is defined to mean the following: wife,
husband, mother, father, son, daughter, brother and sister. Leave
may not be granted an employee for death of any other relative, but
the employee may use annual leave.
(g) Leave Without Pay - Upon application in writing and upon
recommendation of the Department Head, a permanent employee
may be granted a leave of absence without pay by the Mayor and
Board of Aldermen not to exceed six (6) months for the reason of
personal illness in the immediate family, maternity, disability, for
the purpose of furthering the employee's education that will benefit
the Town or for other reasons acceptable to the Mayor and Board.
Annual and sick leave benefits shall not accrue if leave extends
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beyond one month, and the employee shall pay the total required
insurance and retirement premiums.
Should the employee desire an extension of leave without pay over the six
(6) month limitation, a request for such, stating reasons and specifying a time the
employee desires to return to work shall be filed with the Mayor and Board for
approval. Failure to comply with these provisions may be cause for termination
of employment.
5.04.05 FAMILY AND MEDICAL LEAVE ACT : Congress passed the
Family and Medical Leave Act of 1993 on February 5, 1993 which was
effective February 5, 1994. The provisions of the Family and Medical
Leave Act of 1993 shall supercede the provisions herein by reference.
Generally, the act provides as follows, but consultation to the act itself is
necessary to determine specific rights:
(A) To be eligible under the act the Employee must have been
employed by the Town for at least 12 consecutive months
and worked at least 1,250 hours over such 12 month period.
(B) If eligible, an employee will be granted up to 12 work
weeks of unpaid leave during a 12 month period for birth or
placement of a child for adoption or foster care, to care for
an immediate family member (spouse, parent or child) with
a serious health condition or becaue of a serious health
reason.
(C) Health Insurance benefits must be maintained by the
employee during the leave period.
Leave granted to an employer under the Family and Medical Leave Act
of 1993, referred to as "FMLA Leave" shall run concurrently with
any other leave granted by these procedures.
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6.00 - DISCIPLINARY ACTION
6.01 GENERAL PROVISIONS : Whenever employee performance, attitude, work
habits, or personal conduct at any time falls below a desirable level, Department
Heads shall so inform the employee promptly and shall specify the conduct of
such lapse and give counsel and assistance. If appropriate and justified, a
reasonable period of time for improvement may be allowed before initiating
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. Reasons for discipli nary actions may include, but shall
not be limited to:
6.01.1 Conviction of criminal offense, including felony or misdemeanor;
6.01.2 Willful violations of lawful and reasonable regulations, orders or
directions made or given by a superior where such violations have
amounted to insubordination or serious breach of proper discipline or have
resulted in loss or injury to the public;
6.01.3 Intoxication or drinking intoxicating liquor while on duty or reporting for
duty intoxicated, or being addicted to the use of narcotics and drugs;
6.01.4 Incompetency or inefficiency in the performance of duties of the position
to which he/she is appointed:
6.01.5 Wantonly offensive conduct or language toward the public, a superior, or
fellow employees;
6.01.6 Carelessness or negligence in the use of the property of the Town;
6.01.7 Aiding in assessment or collection from any employees in the service of
the Town for the purpose of securing the nomination or election of any
person to municipal, County, state, or federal office, or for the purpose of
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making a gift to any officer or superior in the Town's employ;
6.01.8 An attempt to induce any employee of the Town to commit an illegal act
or acts in violation of any law or reasonable departmental regulation;
6.01.9 The taking or receiving of any fee, gift, gratuity or other valuable thing in
the course of his/her work or in connection with it for his/her personal
gain from any person where such free gift or gratuity is given by such
person in the hope or expectation of receiving a favor or better treatment
than that accorded to other persons;
6.01.10 Conduct unbecoming to an employee of the Town, either while on
or off duty;
6.01.11 Employment in a gainful occupation for profit in addition to
permanent full-time employment with the Town where such occupation
tends to detract the mind of the employee from his/her duties, or leaves
him/her physically unfit for regular work;
6.01.12 Absence without leave, including failure to report for employment
unless for reasonable cause.
6.01.13 Any other reason with or without cause.
6.02 FORMS OF DISCIPLINARY ACTION
(a) Reprimand - In situations where an oral warning has not resulted in
the expected improvement, or where more severe initial action is
warranted, a written reprimand may be sent to the employee, and a
copy shall be placed in the employee's departmental file and
his/her personnel folder in the Town Clerk's office by the
Department Head.
(b) Dismissal - An employee may be dismissed by the Department
Head with the prior approval of the Mayor and Board with or
without cause. The employee shall be furnished an advance
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written notice containing the nature of the proposed action, the
charges against him/her, and his/her right to answer the charges in
writing. After receiving notice, but prior to the proposed effective
date of dismissal, the employee may be retained in a duty status,
placed on annual leave, leave without pay, or suspended without
pay at the discretion of the Mayor and Board. Although these
procedures set out procedures for reprimand and dismissal, any
employee may be dismissed without cause, in the discretion of the
Mayor and Board.
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7.00 - GRIEVANCES
7.01 GENERAL POLICY : The most effective accomplishment of the work of the
Town requires prompt consideration and equitable adjustment of employee
grievances. It is the desire of the Town to adjust grievances informally, and both
supervisors and employees are expected to make every effort to resolve problems
as they arise. Nevertheless, it is recognized that there shall be grievances that will
be resolved only after a formal appeal and review.
7.02 DEFINITION : A grievance is a wrong, real or fancied, considered by an
employee as grounds for compliant. Employee grievances concerning wages,
hours of work, working conditions and other matters shall be heard and resolved
according to the following procedure.
7.03 PROCEDURE : The aggrieved employee shall discuss his grievance orally with
his/her Department Head within two working days after the occurrence of the
grievance and attempt to resolve the matter. The Department Head shall give the
employee an answer in writing within two working days after hearing the
grievance.
If the aggrieved employee is not satisfied with the Department Head's
reply, or if the Department Head does not answer the employee within two
working days, the employee shall file a written grievance with the Mayor. The
grievance shall be filed and discussed with the Mayor within two working days
after the Department Head's answer is received or due. A copy of the written
grievance shall be placed in the employee's personnel file and a copy shall be
supplied to the Board. The Mayor shall investigate the grievance and attempt to
resolve the matter and shall give the employee a reply, orally and in writing
within two working days of receiving the grievance. A copy of the written reply
shall be placed in the employee's personnel file and a copy shall be supplied to the
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Board.
If the aggrieved employee is not satisfied with the Mayor's reply or the
Mayor does not reply within two working days, the employee shall file a copy of
the grievance with the Board within two working days after the Mayor's answer is
received or due. The Board shall hear the grievance and shall render the final
decision. The employee shall be allowed to have a representative accompany
him/her to this meeting. The Board of Aldermen shall supply the employee with
a written reply and shall have a copy filed in the employee's personnel file. The
decision reached by the Board shall be based on the individual merits and factors
of the case. The decision of the Board shall be binding on all parties concerned.
7.04 GENERAL PROVISIONS : When a grievance is decided in favor of an
employee, the award shall be retroactive to the date of the action that caused the
grievance.
Discrimination against any employee who files a grievance shall not be
tolerated and such action shall be in violation of the personnel policies of the
Town.
All correspondence required by such procedure shall be duly recorded and
placed in the aggrieved employee's personnel file by the Town Clerk or
Department Head.
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8.00 - SAFETY AND ACCIDENT PREVENTION
8.01 GENERAL POLICY : In order to provide a safe working environment for its
employees, it is the policy of the Town to conduct its' business in a safe manner.
Safety is an integral part of each job and every employee is charged with
the responsibility of preventing accidents. The full cooperation of every employee
is essential to the maintenance of safe, sanitary, and healthful working conditions.
8.02 PURPOSE : The basic objective of accident prevention is to minimize human
suffering and to promote efficient operations. The accident program is designed
to eliminate on-the-job accidents as far as possible by:
(a) Reducing human suffering and loss of income caused by accidents;
(b) Avoiding loss of work time caused by wasted material; Reducing
the cost of operating the Town through lowering both the direct
and indirect costs incurred in accidents.
8.03 ACCIDENT: REPORTING PROCEDURES
8.03.1 Personal Injuries - If an employee has an on-the-job injury, he/she will
report the full facts surrounding the injury immediately to the Department
Head within three (3) hours of the injury. If medical treatment is
necessary, the Department Head may refer the employee for medical
treatment to a physician designated by the Department Head, Town Clerk
or Mayor and Board.
As soon as possible after the accident, the injured employee and the
Department Head will complete a report of personal injury and forward the
complete report to the Mayor and Board for review and recording.
8.03.2 Accidents Involving Town Equipment - In any vehicular accident
involving municipal equipment, the operator of the equipment will
immediately contact the Police Department and request an investigation of
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the accident.
As soon as possible after the accident, the operator of the equipment will
complete an Accident Report. Equipment other than vehicles will require a
written report to the Department Head showing how damages or lost occurred.
8.04 EMPLOYEE PARTICIPATION : Each employee of the Town is encouraged to
take an active part in the safety program of the Town. This can be accomplished
by working in a safe, accident-free manner, and by offering suggestions to the
Department Head on any matter concerning safety.
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9.00 - SEPARATIONS
9.01 TYPES OF SEPARATIONS : All separations of employees shall be designated as
one of the following types and shall be accomplished in the manner indicated:
resignation, lay-off, disability or illness, death, retirement, and dismissal.
9.01.1 Resignation - An employee desiring to resign shall submit the reasons
therefor and the effective date in writing to the Department Head as far in
advance as possible. A minimum of two (2) weeks notice is mandatory,
unless excused by the Mayor and Board.
9.01.2 Lay-off - The Department Head, upon approval of or ratification by the
Mayor and Board, may lay-off an employee when deemed necessary by
reason of shortage of funds or work, the abolition of the position, or other
material changes in the duties or organization, or for related reasons which
are outside the employee's control and which do not reflect discredit upon
the service of the employee. The duties performed by an employee laid
off may be reassigned to other employees already working who hold
positions in appropriate classes.
The lay-off of employees shall be made in inverse order, determined on
the basis of length of service so long as the employee's efficiency or performance
rating are satisfactory. An employee's unsatisfactory efficiency or performance
rating may overrule his/her tenure based on length of service if such action is in
the best interest of the Town.
Employees separated from the Town through no fault of their own shall be
placed on a re-employment list in the order of their length of service. Eligibles on
re-employment lists shall be given preference in employment in positions for
which they are qualified over eligibles not employed with the Town. The
eligibility of all applicants on a re-employment list will expire one year from the
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date on which they become entitled to re-employment rights. Continuation may
be granted upon application to the Department Head and Mayor and Board. The
employee's efficiency or performance rating may also be taken into consideration
in deciding upon re-employment.
9.01.3 Disability or Illness - An employee may be separated for disability or
illness when he/she cannot perform the required duties because of a
physical or mental impairment. Action may be initiated by the employee
or the Town all of which shall be subject to the requirement of the
Americans With Disabilities Act of 1990.
9.01.4 Death - Separation shall be effective as of the date of death. All
compensation due to the employee shall be paid to the surviving spouse or
as designated by the employee. Further, all unused vacation leave of an
employee separated by death shall be paid to the surviving spouse or to
his/her estate.
9.01.5 Dismissal - See Section 6.00.
9.02 MUNICIPAL PROPERTY : At the time of separation and prior to final
compensation, all records, assets, or other items of municipal property in the
employee's custody shall be returned to the 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.
9.03 RIGHTS OF EMPLOYEES : Permanent employees who separate shall receive
payment for all earned salary or wages subject to deductions for any indebtedness
pursuant to Section 9.02 of this Rule. Employees, other than those dismissed for
cause, shall be paid for their earned vacation, provided they have completed
twelve months of service.
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10.00 - POSITION CLASSIFICATION PLAN
10.01 PURPOSE : The position classification plan provides a complete inventory of all
positions in the municipal service and an accurate description and specification.
The plan standardizes titles, each of which is indicative of a definite range of
duties and responsibilities.
10.02 USE OF POSITION SPECIFICATIONS : Specifications are to be interpreted in
their entirety and in relation to others in the position classification plan. Particular
phrases or examples are not to be isolated and treated as a fully descriptive
explanation of the kind of work performed and not necessarily inclusive of all
duties performed.
10.03 USE OF POSITION CLASSIFICATION PLAN : The position classification plan
is to be used: (a) as a guide in recruiting and examining candidates for
employment; (b) in determining salary to be paid for various types of work; and
(c) in providing uniform job terminology understandable by all employees and by
the general public.
10.04 ADMINISTRATION : The Town Clerk or department head is charged with
maintenance of the position classification plan so that it will reflect the duties
performed by each employee. It is his/her duty to examine the nature of the
positions as they are created and to make such changes as necessary in the
classification plan, with the approval of the Mayor and Board of Aldermen.
10.05 NEW OR REVISED POSITION DESCRIPTION : If it becomes necessary to
establish a new position or revise an existing position description because of the
addition of new functions or other reasons, the Town Clerk or Department Head
will prepare the new or revised position specification and submit it to the Mayor
and Board for approval.
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11.00 - PERFORMANCE EVALUATION
11.01 GENERAL POLICY : The Town Clerk shall establish and maintain a form for
employee performance appraisals. Evaluations shall consist of worker habits,
traits and attitudes related to each employee's job. Such evaluations shall be
conducted by the Department Heads in July of each year and a copy of the
evaluation shall be placed in the employee's personnel file.
11.02 ADMINISTRATION : Department Heads shall be responsible for the timely
evaluation of employees in July of each year, beginning with the end of the first
three months of employment.
All such appraisals shall be reviewed on an individual basis with
employees in order to point out areas of strengths and weaknesses and to render
appropriate job counseling to each employee. Copies of all appraisals shall be
placed in employees' personnel files. Performance evaluations may be used as a
factor in granting salary increases and for determining suitable candidates for
promotion.
11.03 DEPARTMENT HEADS : Department heads which consist of the Town Clerk,
Public Works Director, Fire Chief and Police of Chief shall be evaluated by the
Mayor and Board in July of each year in a manner to be determined by the Mayor
and Board. The evaluation shall be used by the Mayor and Board to determine
job status and salary increase of each department head.
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12.00 - SOCIAL SECURITY, GROUP INSURANCE, AND RETIREMENT
12.01 SOCIAL SECURITY : All full-time employees are enrolled under the Federal
Old-Age and Survivor's Insurance Law by contributions through payroll
deductions. Full information regarding the requirements and benefits of this law
is contained in various pamphlets published by the Social Security office.
12.02 INSURANCE : Eligible municipal employees are enrolled in hospitalization,
denta
