Chapter 28

Personnel*

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* Charter References: Retirement or pension fund for employees, § 6.2.
Cross References: Administration, ch. 2; volunteer fire department, § 20-61 et seq.; police department, § 22-26 et seq.
State Law References: Municipal personnel, G.S. 160A-162 et seq.; personnel rules, G.S. 160A-164.
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Article I. In General

• Sec. 28-1. Class specifications.
• Secs. 28-2--28-25. Reserved.

Article II. Position Classification Plan

• Sec. 28-26. Adoption of plan.
• Sec. 28-27. Coverage.
• Sec. 28-28. Maintenance.
• Sec. 28-29. Class titles.
• Secs. 28-30--28-50. Reserved.

Article III. Compensation Plan

• Sec. 28-51. Adoption.
• Sec. 28-52. Development of pay ranges.
• Sec. 28-53. Maintenance of pay ranges.
• Sec. 28-54. Starting rates of pay.
• Sec. 28-55. Merit system.
• Sec. 28-56. Special pay increases.
• Sec. 28-57. Salary increase upon promotion.
• Sec. 28-58. Salary adjustments upon demotion.
• Sec. 28-59. Salary upon transfer.
• Sec. 28-60. General salary range adjustments.
• Sec. 28-61. Salary reductions.
• Sec. 28-62. Salary of trainees.
• Sec. 28-63. Pay periods.
• Secs. 28-64--28-85. Reserved.

Article IV. Appointments

• Sec. 28-86. General basis for consideration.
• Sec. 28-87. Qualification standards.
• Sec. 28-88. Probationary period.
• Sec. 28-89. Promotions.
• Sec. 28-90. Suspension.
• Sec. 28-91. Demotion and dismissal.
• Sec. 28-92. Dismissal because of outside employment.
• Sec. 28-93. Reduction in force.
• Sec. 28-94. Employment of relatives.
• Secs. 28-95--28-115. Reserved.

Article V. Conditions of Employment

• Sec. 28-116. Hours of work.
• Sec. 28-117. Emergency call-back status.
• Sec. 28-118. Overtime.
• Sec. 28-119. Determination of workday in computing leave.
• Sec. 28-120. Annual leave (vacation).
• Sec. 28-121. Sick leave.
• Sec. 28-122. Authorized absences with pay.
• Sec. 28-123. Leave of absence without pay.
• Sec. 28-124. Holidays.
• Sec. 28-125. Hospitalization and life insurance.
• Sec. 28-126. Social security and withholding tax.
• Sec. 28-127. Retirement.
• Sec. 28-128. Death payment.
• Sec. 28-129. General service regulations.
• Sec. 28-130. Grievance procedure.

ARTICLE I.

IN GENERAL

Sec. 28-1. Class specifications.

(a) The class specifications (job descriptions) contain the following elements of information:

1. Class title.
2. Purpose of class.
3. Examples of tasks performed within class:
   • a. Primary tasks.
   • b. Equipment operated.
   • c. Working conditions.
4. Qualification of class:
   • a. Education.
   • b. Experience.
   • c. Knowledge, skills and abilities.
   • d. Special requirements.

(b) The first three sections of the class specification are descriptive of a class of positions, and the last section is descriptive of the minimum qualifications which applicants for positions in the class may be reasonably expected to possess. However, a job description cannot be understood and interpreted properly without giving consideration to all of its parts. In many instances, a job description cannot be adequately considered without giving attention to other related job descriptions. This is particularly true when a number of classes are created involving tasks of varying degrees of difficulty and responsibility in the same field of work.

(c) A class specification begins with the "class title," designed to be as brief and still as descriptive of the kind and level of work involved as possible.

(d) The second section, entitled "purpose of class," consists of a general statement of the scope and level of work and degree of supervision received. This is usually a brief statement broadly defining the limits of a class by using statements such as "under immediate supervision, performs routine building cleaning tasks," or "under general supervision, takes dictation and transcribes the notes on a typewriter."

In defining the degree of supervision received, use has been made of the terms "immediate supervision," "general supervision" and "general direction." Definitions of these degrees of supervision are stated as follows:

1. Under immediate supervisionis used where the work is typically done under specific assignment, detailed explanation is given of objectives and the proper methods of attaining them, and the supervision is available for close and constant review while work is in progress and upon completion.
2. Under general supervisionis used where the assignment and the methods to be used are outlined in general terms and the work is subject to review upon completion.
3. Under general directionis used where methods of performing duties are the responsibility of the employee as long as they are performed within established policies and procedures. Work is reviewed only periodically to determine conformance with policy and to measure adequacy of results.

(e) The third section, entitled "examples of tasks performed within class," lists the primary tasks or duties having the most common combinations of difficulty and responsibility and gives some indication of the range found in the class. It is unlikely that all employees will perform all tasks shown. The examples are merely indicative, not restrictive.

Also included in this section are subsections entitled "equipment operated" and "working conditions." In the first subsection, equipment operated by employees of the class is listed and is to be representative, not inclusive. In the second subsection, the type of unusual working conditions encountered by employees of the class is identified. If no unusual working conditions exist it is indicated as "not adverse."

(f) The fourth section, entitled "qualifications of class," lists minimum education, experience and knowledge, skills and abilities required to perform the duties and to carry out the responsibilities of positions within the class. Under the subsection "experience," the phrase "or an equivalent combination of training and experience" is used to permit flexibility so applicants who possess unusual combinations of training and experience will not be eliminated. In describing the experience requirements four terms are utilized to indicate the degree of experience required, as follows:

1. Some experience:One--three years.
2. Experience:Three--five years.
3. Considerable experience:Five--seven years.
4. Extensive experience:Seven--ten years and over.

In setting forth the knowledge, skills and abilities, use has been made of the terms "some knowledge," "good knowledge," and "thorough knowledge." Definitions of these degrees of knowledge are stated as follows:

1. Some knowledgemeans sufficient familiarity with the subject to know elementary principles and terminology and to understand and solve simple problems.
2. Good knowledgemeans sufficient knowledge of a field to perform most work as assigned and with little direct supervision. It means that the work calls for comprehension of standard work situations at the competent journeyman level. The term "good working knowledge" is a variation of the term and is utilized to indicate a comprehension of the basic practical aspects of job knowledge.
3. Thorough knowledgemeans wide coverage of the subject matter area. It means that the work calls for sufficient comprehension of the subject to solve unusual as well as commonplace work problems, to advise on technical and policy questions and to plan work programs.
4. Abilitiesrefer to the present state of development of innate capacities making possible the application of knowledge and skills (physical, mental and social processes) to work situations.
5. Skillsgenerally refer to and are limited to manipulative manual abilities and dexterity.

(g) The last subsection, entitled "special requirements," identifies any licensing, certification or other requirements needed prior to and/or after entering the class.
(Ord. of 3-12-91, art. V)

Secs. 28-2--28-25. Reserved.

ARTICLE II.

POSITION CLASSIFICATION PLAN

Sec. 28-26. Adoption of plan.

The position classification plan, which is on file in the town offices, as may be hereafter amended is adopted as the position classification plan for the town.
(Ord. of 3-12-91, art. I, § 1)

Sec. 28-27. Coverage.

The position classification plan shall include all full-time permanent classes of positions in the municipal service of the town.
(Ord. of 3-12-91, art. I, § 2)

Sec. 28-28. Maintenance.

The town manager or other designated official shall be responsible for the administration and maintenance of the position classification plan. Accordingly, the town manager and/or other designated official shall make or cause to be made position classification studies of individual positions or groups of positions whenever the duties and responsibilities of existing positions have undergone significant changes, or whenever new positions are to be created. Such studies shall determine the nature of the duties and responsibilities assigned to the positions, and whether the positions should be assigned to existing classes or new classes (which must be created).
(Ord. of 3-12-91, art. I, § 3)

Sec. 28-29. Class titles.

The term "class title" shall refer to the official title of the class as specified and shall apply to all positions allocated to the class and shall be used in all personnel and administrative processes, except that other titles may be used for purposes of internal administration.
(Ord. of 3-12-91, art. I, § 4)

Secs. 28-30--28-50. Reserved.

ARTICLE III.

COMPENSATION PLAN

Sec. 28-51. Adoption.

The schedule of salary grades and ranges and listings of class assignments to such grades, which are on file in the town offices, are hereby adopted as the pay plan for the town.
(Ord. of 3-12-91, art. II, § 1)

Sec. 28-52. Development of pay ranges.

The pay plan shall establish a pay range of every class of employment in the town's service. Such pay ranges shall be determined with due regard to ranges of pay for other classes, relative responsibility and difficulty of positions in the class, availability of employees in particular occupational categories, prevailing rates of pay for similar employment in the La Grange area, rates of pay in other governmental jurisdictions, costs of living factors, the financial condition and policies of the town and other economic considerations.
(Ord. of 3-12-91, art. II, § 2)

Sec. 28-53. Maintenance of pay ranges.

(a) The town manager and/or other designated official shall make or cause to have made such comparative studies as it deems necessary, of the factors affecting the level of salary ranges prior to the preparation of the annual budget as well as at other times. On the basis of information derived from such studies, the town manager and/or other designated official shall recommend to the town council such changes in salary ranges as it deems necessary to maintain the fairness and adequacy of the overall salary structure.

(b) The rate of pay for each employee shall be adjusted in conformance with the adjustment of the pay range for the class to which his position is allocated; provided that any employee receiving a salary in excess of the maximum rate provided for the class to which his position is allocated shall receive no further merit increase until such time as the salary for the class is greater than the salary he is receiving.
(Ord. of 3-12-91, art. II, § 3)

Sec. 28-54. Starting rates of pay.

The salary of any employee entering town employment shall normally be set at the minimum step of the salary range for the class of positions to which appointment is being made. An appointment up to step C of the applicable range may be made if it is determined that no qualified applicants can be recruited at the entry or minimum step, or that an applicant by virtue of his particular background or training and experience possesses qualifications which would make his service to the town considerably more valuable than that of the average candidate for the same type of employment. In either instance, however, prior approval must be granted by the town council before such advanced step appointment may be made (above step B).
(Ord. of 3-12-91, art. II, § 4)

Sec. 28-55. Merit system.

(a) Principles.The town shall embrace the following merit system principles in administering its personnel program:

1. Applicants and employees shall be assured of fair treatment in all aspects of personnel administration without regard for political affiliation, religious creed, sex, national origin, color or race. Individuals shall likewise be treated with proper regard for their privacy and constitutional rights as citizens.
2. Employees shall be recruited, selected, trained and advanced on the basis of their relative ability, knowledge and skill.
3. Employees shall be retained on the basis of the adequacy of their performance. They shall be guided in ways to correct inadequate performance and separated when inadequate performance cannot be corrected.
4. Employees shall be protected against coercion for partisan political purposes.
5. Employees shall receive equitable and adequate pay and benefits and eligible employees shall receive merit pay increases based on the quality of their performance, subject to the availability of funds.

(b) Merit salary increases.Pay increases may be granted to deserving regular full-time employees in accordance with the following provisions:

1. When the employee holds a permanent appointment with the town, i.e., the employee satisfactorily completes the required probationary period.
2. When such an increase will not exceed the maximum salary rate for the class of his position.
3. When a year of continuous service has elapsed.
4. When the work of the employee exceeds the standards established for satisfactory or average performance.
5. When the employee is recommended for a merit salary increase by his department head. It shall be the responsibility of the department head to periodically (at least annually) counsel with his employees with regard to work quality, dependability, attitude, attendance and punctuality, and to suggest ways and means of improving same (where appropriate). The town manager shall be responsible for establishing an appropriate system for implementing this merit provision and to see that it is carried out in a responsible manner.

(Ord. of 3-12-91, art. II, § 5)

Sec. 28-56. Special pay increases.

An employee who continuously performs the duties of his position in an outstanding manner and whose work generally is both well above expectations and vital to the town's continued successful operations may be considered for a special pay increase of one step on the applicable salary range but not more than once in any fiscal year (July 1 thru June 30). Such increases must be recommended by the employee's department head to the town manager. The town manager shall report all special pay increases to the town council. The granting of a special increase of this type has no effect upon the employee's eligibility for normal grade pay increases as provided for in section 28-55.
(Ord. of 3-12-91, art. II, § 6)

Sec. 28-57. Salary increase upon promotion.

A promotion is the advancement of an employee from a position within one class to a position in another class having a higher salary range. Upon promotion, an employee shall be moved to that salary step of the new pay range which will effect at least a one-step increase in pay, and may, in addition, be granted one additional step if approved by the town manager. Upon the date of promotion, an employee begins a new date for subsequent regular pay increases as governed by the provision of section 28-55. The town manager shall report all promotions to the town council.
(Ord. of 3-12-91, art. II, § 7)

Sec. 28-58. Salary adjustments upon demotion.

An employee who is demoted shall have his salary reduced to a rate not to exceed the maximum of the new class. Demoted employees shall normally be given credit on the new salary range as if all his time had been in the lower class. A demotion is defined as a move from one position class to another in an authorized vacancy which is assigned to a lower salary grade.
(Ord. of 3-12-91, art. II, § 8)

Sec. 28-59. Salary upon transfer.

A transfer is the movement of an employee from a position in one class to a position of a comparable class (on the same pay level). The salary of a transferred employee shall be the same as the employee received prior to transfer.
(Ord. of 3-12-91, art. II, § 9)

Sec. 28-60. General salary range adjustments.

Whenever a new or different scale of salaries is made applicable to a class of positions, persons employed in positions of that class at the effective date of the adjustment shall be placed at the salary step in the new range corresponding to that step which they had reached under the formerly applicable scale (e.g., upon reassignment of a class from pay grade 9 to pay grade 10, all employees within that class who were on the third step of pay grade 9 would move to the third step of pay grade 10).
(Ord. of 3-12-91, art. II, § 10)

Sec. 28-61. Salary reductions.

Salary reductions may be necessitated by a shortage of funds or other valid and appropriate reason. In such instances, all classes of positions shall be given due consideration, and the nature and extent of such reductions determined by the town manager and approved by the town council.
(Ord. of 3-12-91, art. II, § 11)

Sec. 28-62. Salary of trainees.

Persons may be employed as trainees in positions where the applicant is unable to meet the minimum qualifications of the classification. Such persons shall be compensated at least two pay grades below the minimum rate of the class for which they are training, as determined by the department head, and shall remain at this pay level until qualified for a regular appointment.
(Ord. of 3-12-91, art. II, § 12)

Sec. 28-63. Pay periods.

Pay periods for the town's employees shall be as determined by the town manager.
(Ord. of 3-12-91, art. II, § 13)

Secs. 28-64--28-85. Reserved.

ARTICLE IV.

APPOINTMENTS

Sec. 28-86. General basis for consideration.

Appointments to positions of the town shall be made on the basis of demonstrated ability and relative levels of education, training and experience and other specific requirements as established by the position classification description for that position.
(Ord. of 3-12-91, art. III, § 1)

Sec. 28-87. Qualification standards.

The town manager shall establish for each class or position reasonable minimum standards and other qualifications necessary for satisfactory job performance. Such qualification standards shall be established and provided for in the town's adopted position classification plan. Applicants for positions for the town may be required to pass appropriate written, oral, physical or drug-check examinations to determine whether they meet the required qualification standards. Such examinations shall be given under the direction of the town manager or other designated official. Physical examinations required will be given at the expense of the town.
(Ord. of 3-12-91, art. III, § 2)

Sec. 28-88. Probationary period.

(a) All persons appointed to positions in the service of the town shall serve a probationary period of six months. An employee may be dismissed by his supervisor upon the approval of the town manager without right of appeal during the probationary period at any time if it is felt that the employee is not capable of satisfactorily performing the assigned duties. This probationary period shall be considered a part of the examination procedure and shall be utilized to test the employee's capacity for satisfactory job performance.

(b) An additional probationary period of up to three additional months may be recommended by the department head with the approval by the town manager. No employee shall serve more than nine months on a probationary basis.
(Ord. of 3-12-91, art. III, § 3)

Sec. 28-89. Promotions.

(a) The town manager shall endeavor to anticipate retirements and turnover and to have employees trained to assume positions of greater responsibility. In filling vacancies an effort shall be made to promote qualified employees from within the town work force before seeking an outside replacement.

(b) Employees being promoted must meet the qualification standards of education, training and experience for the class of positions to which promotion is being made.
(Ord. of 3-12-91, art. III, § 4)

Sec. 28-90. Suspension.

When it is determined that suspension of an employee would be in the best interest of the town, an employee may be suspended with the approval of the town manager without pay for a period not to exceed two weeks as a disciplinary measure. Back pay shall not be recoverable, but where the suspension is terminated by full reinstatement of the employee he shall again be entitled to all pay and benefits appertainable to his job. Additionally, nondisciplinary suspensions may be made in the best interest of the town; however, the town manager may, in his discretion, restore lost pay and benefits upon termination of the suspension after being approved by the town council.
(Ord. of 3-12-91, art. III, § 5)

Sec. 28-91. Demotion and dismissal.

(a) Any employee guilty of gross negligence, insubordination, chronic absenteeism, disloyalty or whose conduct is unbecoming a town employee so that it brings discredit upon the town may be suspended, demoted or dismissed by the town manager.

(b) A permanent employee whose work is not satisfactory shall be notified in writing of his performance by the town manager and the department head, the area needing corrective action and the time (not longer than six months) in which he has to make his work satisfactory. If the employee has not brought his level of work up to the required satisfactory level, as specified in writing to him by the date specified in the correspondence to him, the employee may be dismissed by the town manager. Three such written notices within a 12-month period shall be grounds for automatic dismissal.
(Ord. of 3-12-91, art. III, § 6)

Sec. 28-92. Dismissal because of outside employment.

The work of the town should have precedence over the other occupational interests of all employees. All regular outside employment for salary, wages or commission and all regular self-employment must be reported to and approved by the department head and the town manager. Conflicting outside employment shall be grounds for dismissal. Each department head shall provide to the town manager a written list of all employees performing regular outside employment on July 1 and December 1 of each fiscal year.
(Ord. of 3-12-91, art. III, § 7)

Sec. 28-93. Reduction in force.

If a reduction in force becomes necessary, consideration will be given to the quality of each employee's past performance, the needs of the service, and seniority in determining those employees to be retained. Regular employees who are to be terminated due to reduction in force shall normally be given at least one pay period notice of the anticipated layoff. In addition, when subsequently created positions are to be filled, persons previously terminated will be given first consideration for appointment thereto.
(Ord. of 3-12-91, art. III, § 8)

Sec. 28-94. Employment of relatives.

Employment of a relative of any member of the council or an administrative official of the town is discouraged; however, such employment is not prohibited. If such a person is employed it shall be only after prior approval of the town manager and the town council. After such employment the employee shall not be prohibited from assignment to work under the administrative influence or supervision of another employee who is a relative. This policy refers specifically to a spouse and to the brother, sister, parent and in-laws of the employee or of the spouse. Employees giving preference and/or special treatment to employees that he may supervise, in this situation, will be grounds for dismissal of the supervisor.
(Ord. of 3-12-91, art. III, § 9)

Secs. 28-95--28-115. Reserved.

ARTICLE V.

CONDITIONS OF EMPLOYMENT

Sec. 28-116. Hours of work.

The standard work hours of employees of the town shall be determined by the town manager.
(Ord. of 3-12-91, art. IV, § 1)

Sec. 28-117. Emergency call-back status.

All employees are subject to being summoned for off-duty work in case of emergency and shall respond accordingly. Lack of action thereof by any employee shall be a violation of the personnel policy. A personal emergency that would require his attendance would be a justifiable reason for not responding but the employee shall notify his immediate supervisor that he cannot respond to the emergency. It shall be the responsibility of the supervisor to respond to the emergency or to designate another person to respond to the emergency.
(Ord. of 3-12-91, art. IV, § 2)

Sec. 28-118. Overtime.

Supervisors shall make every effort to arrange the work schedules of their employees to accomplish the required work within the standard workday. Employees shall generally be required to work overtime only during emergencies, however, it is recognized that some overtime may be necessary on a recurring basis to efficiently satisfy the work requirements of the department. Overtime work shall be considered work performed by an employee at the direction of a department head or his authorized representative which exceeds the established workweek of the employee. Employees, other than department heads, who are required to work overtime shall be given compensatory time off at the discretion of the department head and in keeping with the work schedule of the department. Extended or recurring overtime requirements may be compensated for on a straight time or time and one-half basis where approved by the town manager.
(Ord. of 3-12-91, art. IV, § 3)

Sec. 28-119. Determination of workday in computing leave.

For the purpose of the following leave regulations, a working day is any day on which the employee actually works, or would work under ordinary circumstances. Saturday is not a working day unless the employee normally works on Saturday. A year shall be 12 months of continuous service with the town. Regular holidays and/or normal 12 month nonworkdays occurring during a vacation or sick leave period shall not be considered as vacation or sick leave.
(Ord. of 3-12-91, art. IV, § 4)

Sec. 28-120. Annual leave (vacation).

(a) Each regular full-time employee shall earn annual vacation leave according to length of service, as follows:

Length of service Vacation leave equivalent 1 through 2 years 5 workdays 3 through 9 years 10 workdays 10 or more years 15 workdays

(b) Vacation leave may be taken as earned (in increments of one-half day or more) subject to the approval of the department head. Vacation leave may not accumulate beyond 30 days. An employee resigning shall be compensated for vacation leave accumulated to the date of separation provided he has submitted notice to his immediate superior at least two weeks in advance of the effective date of resignation. An employee who is involuntarily separated from the service shall be compensated for vacation leave accumulated to the date of separation.
(Ord. of 3-12-91, art. IV, § 5)

Sec. 28-121. Sick leave.

(a) Each regular full-time employee shall be entitled to sick leave with pay, to be used in the event of personal illness or disability. Sick leave with pay shall accrue at the rate of one working day of leave for each full month of the employee's service. Sick leave is cumulative without limit, i.e., there is no maximum accumulation. Upon retirement due to disability or otherwise the employee shall be paid for accumulated sick leave.

(b) Sick leave may be taken in accordance with the following:

1. The employee has completed six or more months of continuous service.
2. The absence is necessitated by personal illness, injury, disability caused by pregnancy or childbirth, or physical incapacity resulting from causes beyond the employee's control.
3. Notification of the reason for absence is submitted not later than two hours after the beginning of the scheduled workday or as required by departmental rules and regulations.
4. The employee will submit to such medical examination, nursing visit or other inquiry which the department head deems desirable.
5. For any absence which is of a duration of three or more consecutive days, the employee may be required to present a certificate from a physician attesting illness or incapacity.

(c) Vacation leave may be used for sick leave purposes. Employees who have exhausted all sick leave and vacation leave credits may, at the discretion of the town manager, be granted leave of absence without pay for a period not to exceed one year. Any employee who requests such leave shall notify the town manager in writing at the earliest possible date prior to the use of the leave. The town manager shall inform the town council of any employee requesting such leave.
(Ord. of 3-12-91, art. IV, § 6)

Sec. 28-122. Authorized absences with pay.

A regular full-time employee may be excused, with the approval of the town manager, without charge to sick leave or vacation leave credits as follows:

1. Absence not to exceed three work days in the case of death in the immediate family. Family shall be defined as spouse or child, and both natural and in-law parent, grandparent, grandchild, brother or sister.
2. Absences required for jury duty shall be excused with pay provided the employee deposits the money received for jury duty with the town.
3. Leave for required annual training as a member of the organized military reserves or national guard shall be granted not to exceed two calendar weeks in a calendar year. Such leave shall be with pay to the extent that the town shall pay the difference in the employee's regular salary and his military compensation for the two-week period of service.
4. Leave of absence from the job for purposes of direct job-related training may, with the approval of the town manager, be approved as an authorized absence with pay.
5. Such other absences authorized by the town manager shall be considered leaves of absence with pay.

(Ord. of 3-12-91, art. IV, § 7)

Sec. 28-123. Leave of absence without pay.

Any full-time, regular employee may be granted a leave of absence without pay for a period not to exceed 12 calendar months. Such leave must be approved by the town manager. At the expiration of such leave the employee shall be reinstated with all rights and benefits previously enjoyed.
(Ord. of 3-12-91, art. IV, § 8)

Sec. 28-124. Holidays.

(a) Employees of the town shall be paid their regular rates of pay for the following nonworking holidays:

1. New Year's Day.
2. Martin Luther King Day.
3. Easter Monday (Monday following Easter Sunday).
4. Memorial Day.
5. Independence Day.
6. Labor Day.
7. Thanksgiving Day.
8. Christmas Day (workday before the holiday, the holiday and the workday after the holiday).

(Note: Other holidays or special events may be designated by the town council.)

(b) Whenever a holiday falls on a Saturday or Sunday, the preceding Friday or following Monday shall be observed as a holiday.

(c) Employees who, for reasons in the best interest of the town, are required to work on a holiday as listed above shall, in accordance with the applicable provisions of this chapter, be granted compensatory time off or may be paid overtime as determined by the town manager.

(d) In order for the town employee to be paid for a designated holiday, the employee must work the day before and the day after the holiday unless the town manager has approved the request for vacation leave prior to the holiday, or unless there is written justification from a doctor for sickness, or unless the employee would be legitimately off-duty as provided in this chapter.
(Ord. of 3-12-91, art. IV, § 9)

Sec. 28-125. Hospitalization and life insurance.

The town maintains a group insurance membership for the benefit of all employees at town expense. This includes hospitalization and health care benefits plus life insurance on the employee. Such provisions and costs shall be as determined by the town manager. The employee may elect the family hospitalization plan; however, the employee shall be responsible for dependent costs. New employees shall be eligible for enrollment in the hospitalization and life insurance program beginning with the first day after one month of employment.
(Ord. of 3-12-91, art. IV, § 10)

Sec. 28-126. Social security and withholding tax.

(a) Employees of the town are subject to coverage by United States Social Security (FICA) as of the day of employment.

(b) Withholding taxes and social security will be deducted at each period as required by law.

(c) When social security (FICA) rates and/or benefits change, all employees shall be properly notified and informed of the changes.
(Ord. of 3-12-91, art. IV, § 11)

Sec. 28-127. Retirement.

The town shall provide a retirement plan for its municipal employees. Such plan shall be as determined by the town council. Both the town and its employees shall contribute to the cost of the retirement plan which the employee is required to join.
(Ord. of 3-12-91, art. IV, § 12)

Sec. 28-128. Death payment.

Employees who die while employed full-time for the town shall be entitled to payment for all of the accumulated vacation and sick leave credited to their accounts. All such leave computations shall be at the regular rate of pay of the employee at the time of death. Such accumulated leave payments shall be paid to the named beneficiary or to the estate of the deceased.
(Ord. of 3-12-91, art. IV, § 13)

Sec. 28-129. General service regulations.

The following provisions shall be known as general service regulations, and they shall apply to the employees of the town as set out in this chapter:

1. Attitude and common courtesy.When contacting the public in any manner, especially on public business, town employees shall do so in a courteous manner. Every employee shall, at all times, endeavor to conduct himself in a manner that reflects credit upon his department and the government of the town.
2. Disclosure of confidential information.No official or employee shall, without the approval of the town manager, disclose confidential information concerning the property, government or affairs of the town. Nor shall he under any circumstance use such information to advance the financial or other private interest of himself or others.
3. Gifts and favors.No official or employee shall accept any valuable gift, whether in the form of service, loan, things or promise from any person whom to his knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the town; nor shall any such official or employee accept any gift, favor or thing of value that may tend to influence him in the discharge of his duties; or grant in the discharge of his duties any improper favor, service or thing of value.
4. Use of intoxicants.No employee shall use intoxicating beverages or drugs of any kind while on duty, nor shall an employee report for duty while under the influence of an intoxicant or drug, nor shall intoxicating beverages be consumed on town property without the approval of the town council.
5. Nondiscrimination.No discrimination shall be exercised, threatened or promised against or in favor of any applicant, competitor or employee because of his race, religion, national origin, political beliefs or sex.
6. Maintenance of personnel records.It shall be the duty and responsibility of the town manager to see that personnel records and all necessary reports, records and supportive data be maintained. The town manager shall be responsible to abide by state law with regard to the privacy of personnel records.
7. Use of town-owned equipment.No employee shall take for his personal use any town-owned equipment. All employees shall use town-owned equipment only in the manner authorized by the town manager. An employee who is required to be on-call may be authorized to take a vehicle to his residence as recommended by his department head and approved by the town manager. Personal use of town vehicles and equipment is strictly prohibited.
8. Surrender of property.An employee who is suspended or discharged shall be required to return all items of equipment, including uniforms, owned by the town. Return of such equipment must precede the issuance of such an employee's final salary check. His uniform shall be cleaned by the employee before turning it in and getting his last paycheck.
9. Political activity.The town encourages an employee to exercise civic responsibility in supporting good government at all levels by voting for the political candidates and issues of his choice. An employee may join or affiliate with political organizations, may attend political meetings and may advocate and support political principles and policies in accordance with the constitution and laws of the state and of the United States of America. However, an employee shall not:

a. Engage in political activity while on duty.

b. Be required to contribute funds or support for political or partisan purposes as a condition of employment, pay raise, promotion or tenure of office.

c. Solicit or act as custodian of funds for political or partisan purposes.

d. Use town-owned supplies, equipment or facilities to display political slogans, posters or stickers or for any other political purpose.

e. Be a candidate for or hold political office.
(Ord. of 3-12-91, art. IV, § 14)

Sec. 28-130. Grievance procedure.

(a) It is the purpose of this section to assure employees that their problems and complaints will be considered fairly, rapidly and without reprisal. It is expected that the procedures set forth in this section will encourage employees to discuss with their supervisors matters pertaining to conditions of municipal employment as they affect individual employees. In addition, free discussion between employees and supervisors will lead to better understanding by both of practices, policies and procedures which affect employees. This will serve to identify and eliminate conditions which may cause misunderstandings and grievance.

(b) The primary purpose of any grievance procedure is to determine what is right, rather than who is right. Therefore, grievances must be considered objectively and in an atmosphere of mutual assistance. This cannot be done if a spirit of conflict enters into the consideration of a grievance. Supervisors and employees alike must recognize that the true purpose of the grievance procedure is to help achieve the basic objective of municipal government by promoting the well-being of the organization.

(c) 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. However, it is recognized that there will be occasional grievances which will be resolved only after a formal appeal and review. Accordingly, the following procedure is established to ensure fair and impartial review:

1. An employee shall first present his grievance to his department head who shall make a careful inquiry into the facts and circumstances of the complaint. The supervisor shall attempt to resolve the problem promptly and fairly.
2. An employee who is dissatisfied with the decision of his department head may submit his grievance in writing to the town manager. The town manager shall make such investigation and conduct such inquiry as it is deemed necessary and shall, within 15 calendar days after the receipt of the employee's request for review, inform the employee in writing of the findings and decision. The decision of the town manager shall be final. The town council shall be made aware of all findings and decisions on such grievances.

(d) An employee's grievance may be rejected if it is filed more than 30 calendar days after the incident which caused the grievance, unless the town manager finds extenuating circumstances exist.

(e) Regardless of permissible time limits established in this section, initial filing of grievances shall not be accepted by the town manager after an employee has been separated from the municipal service.
(Ord. of 3-12-91, art. IV, § 15)
 

Part I - CharterPart II - Chapter 1 - General ProvisionsPart II - Chapter 2 - AdministrationPart II - Chapter 3 - ReservedPart II - Chapter 4 - AnimalsPart II - Chapter 5 - ReservedPart II - Chapter 6 - Buildings and Building RegulationsPart II - Chapter 7 - ReservedPart II - Chapter 8 - BusinessesPart II - Chapter 9 - ReservedPart II - Chapter 10 - Cable CommunicationsPart II - Chapter 11 - ReservedPart II - Chapter 12 - CemeteriesPart II - Chapter 13 - ReservedPart II - Chapter 14 - Emergency ManagementPart II - Chapter 15 - ReservedPart II - Chapter 16 - Emergency ServicesPart II - Chapter 17 - ReservedPart II - Chapter 18 - EnvironmentPart II - Chapter 19 - ReservedPart II - Chapter 20 - Fire Prevention and ProtectionPart II - Chapter 21 - ReservedPart II - Chapter 22 - Law EnforcementPart II - Chapter 23 - ReservedPart II - Chapter 24 - Offences and Miscellaneous ProvisionsPart II - Chapter 25 - ReservedPart II - Chapter 26 - Parks and RecreationPart II - Chapter 27 - ReservedPart II - Chapter 28 - PersonnelPart II - Chapter 29 - ReservedPart II - Chapter 30 - Solid Waste ManagementPart II - Chapter 31 - ReservedPart II - Chapter 32 - Streets and SidewalksPart II - Chapter 33 - ReservedPart II - Chapter 34 - Traffic and VehiclesPart II - Chapter 35 - ReservedPart II - Chapter 36 - UtilitiesPart II - Chapter 37 - ReservedPart II - Chapter 38 - Zoning