ARTICLE I
POLICY
Section 1.01 Employment At
Will
All personnel of the Town of
Section 1.02 Matter of
Information
The description of benefits or policies in this handbook does not confer any specific rights or privileges upon employees; nor does it entitle them to be or remain employed by the Town. The contents of this document are merely presented as a matter of information.
Section 1.03 Set of
Guidelines
These personnel policies and department rules and regulations shall be binding on all Town employees, but shall not create contractual rights. They are merely a set of guidelines for the implementation of personnel policies. The Town explicitly reserves the right to modify any of the provisions of these policies at any time.
Section 1.04 Third Party
Beneficiaries
These personnel policies are established as an internal device for regulating the Town’s relationship with its employees. Nothing contained herein, nor the failure of any Town personnel to adhere to Town policies, shall be deemed to confer any benefit or right of action to any third party that the third party would not have in the absence of this manual.
ARTICLE II
GENERAL PROVISIONS
Section 2.01 Purpose
The purpose of these policies is
to establish a personnel system for the Town of
Section 2.02 Coverage
These policies shall cover all types of employees except as specifically exempted. Members of the Town Council, the Town Manager, the Town Attorney, members of advisory boards and commissions are exempted except in those sections where specifically included.
Section 2.03 Merit Principle
The purpose of these policies and rules is to establish a fair and uniform system of modern personnel administration for all employees of the Town.
The Town will embrace the following merit system principles in administering its personnel program:
a. Applicants and employees will be assured of fair treatment, in accordance with all applicable laws or constitutional provisions, without regard for political affiliation, religion, creed, sex, national origin, color, race, age, or disability. Individuals will likewise be treated with proper regard for their privacy and constitutional rights as citizens.
b. Employees will be recruited, selected, trained, and advanced on the basis of their ability, knowledge, skill, and performance.
c. Employees will be retained on the basis of the adequacy of their performance and/or personal conduct. They will be guided in ways to correct inadequate performance or misconduct and will be separated from Town employment when inadequate performance or misconduct cannot be corrected.
d. Employees will be protected against coercion for partisan political purposes.
e. Employees will receive equitable and adequate pay and benefits, and eligible employees will receive merit pay increases subject to the availability of funds.
Section 2.04 Responsibility of Town Council
Pursuant to the authority conferred by Chapter 160A-164 of the North Carolina General Statutes, the Town Council will adopt general personnel policies and rules, including the framework for the classification and pay plan. Said policies and rules will promote the hiring and retention of capable, diligent, and honest employees.
Section 2.05 Responsibility
of Town Manager
These personnel policies and rules will be administered by the Town Manager. In addition, the Town Manager will assist in the preparation of any amendments to these policies and rules, the position classification plan, and the pay plan. The Town Manager will perform such other duties as may be required to administer, maintain, and support a modern personnel program. All matters dealing with personnel will be routed to the Town Manager, who will maintain a complete system of personnel files and records. The Town Manager may perform any or all of these duties and responsibilities, or may assign them to a staff employee.
The Town Manager will have the authority to issue administrative policies or operating procedures, not inconsistent with these rules, to clarify the Town’s expectations with regard to the daily operation of the Town and its personnel system.
Section 2.06 Responsibility
of Department Heads
Department Heads have the responsibility and authority to issue departmental rules and/or standard operating procedures, not inconsistent with these rules, to govern work methods, procedures, and expectations within their respective departments. Departmental rules are subject to the approval of the Town Manager and shall be modified or revoked upon his/her direction.
Department Heads, subject to the review and approval of the Town Manager, have the authority and responsibility to recruit, select, train, direct, supervise, promote, and/or discipline the employees within their respective departments.
ARTICLE III
DEFINITIONS
Section 3.01 Definitions
Unless otherwise specifically provided or unless otherwise clearly required by the context in which such words or phrases are used, the words and phrases defined below shall have the meaning indicated when used throughout these policies:
ARTICLE IV
CLASSIFICATION PLAN
Section 4.01 Purpose of Classification Plan
The position classification plan provides a complete inventory of all authorized, regular positions in the Town’s personnel system; and groups those positions into classes that share similar duties and responsibilities.
Section 4.02 Adoption of Classification
Plan
The position classification plan,
as amended from time to time, is hereby adopted for the Town of
Section 4.03 Allocation of
Positions
The Town Manager will allocate each regular position covered by the Town’s personnel system to its appropriate class in the classification plan.
Section 4.04 Composition of the Position Classification Plan
The classification plan shall consist of:
Section 4.05 Use of the Position Classification Plan
The classification plan provides the Town a uniform job classification system and terminology and is used:
Section 4.06 Administration
of the Classification Plan
The Town Manager is responsible for the administration and maintenance of the position classification plan so that it will accurately reflect the duties performed by employees in the classes to which their positions are allocated. Department Heads are responsible for bringing to the attention of the Town Manager: (1) the need for new positions; (2) the elimination of existing positions; and, (3) any material changes in the nature of duties, responsibilities, working conditions, or other factors that may affect the classification of any existing position.
When the Town Manager finds that a substantial change has occurred in the nature or level of duties and responsibilities of an existing position, the existing job classification will be revised or reallocated to the appropriate class within the classification plan.
Section 4.07 Amendment of
Classification Plan
Classes of positions may be added and deleted from the position classification plan by the Town Council upon the recommendation of the Town Manager.
Section 4.08 Reassignment
Nothing in these policies, the position classification plan, the pay plan, or the specific job description of any individual position shall be construed or interpreted to mean that there is any limitation on the part of the Town to temporarily reassign employees. Specifically, the Town Manager or a Department Head, with the Town Manager’s approval, is hereby authorized to temporarily reassign to any employee any duties which may be required to meet temporary personnel needs or to meet emergency conditions. While on such temporary assignments, the employee shall retain all rights associated with his or her regular job assignment and shall be paid at a rate no lower than his or her regular pay rate.
ARTICLE V
THE PAY PLAN
Section 5.01 Purpose of Pay
Plan
The pay plan is intended to provide equitable compensation for all positions, reflecting differences in duties and responsibilities, the rates of pay for comparable positions in private and public employment in the area, changes in the cost of living, the financial conditions of the Town, and other factors.
Section 5.02 Adoption of Pay
Plan
The schedule of salary ranges and the class titles assigned to the salary ranges, as amended from time to time, is hereby adopted as the pay plan for the Town. The pay plan shall cover all regular, authorized classes of positions included in the position classification plan.
Section 5.03 Maintenance of
the Pay Plan
The Town Manager will be
responsible for the administration and maintenance of the pay plan. In recognition of the purposes of the pay
plan, as stated in Section 5.01, the Manager will from time to time make comparative
studies of the factors affecting the levels of salary ranges and will recommend
to the Town Council any changes or adjustments to the salary ranges that appear
to be warranted.
Section 5.04 Use of
Salary ranges are intended to provide administrative flexibility in recognizing that employees holding positions in the same class may perform at somewhat different levels. The following general provisions will govern the placement of employees within the pay ranges:
a. Entrance Rate: The entrance rate of pay for a new employee is normally the first step of the pay range associated with that employee’s classification. However, appointment above the minimum step may be made with the approval of the Town Manager when deemed necessary and in the best interests of the Town. Above-the-minimum appointments will be based on such factors as the qualifications (such as education, training, and prior experience) of the applicant being higher than the established minimum qualifications for the classification, a shortage of qualified applicants available at the minimum step, the reluctance of qualified applicants to accept employment at the minimum step, or other similar factors.
Section 5.05 Payment At
Listed Pay Rate
Each employee that is covered by the pay plan will be paid at a rate within the salary range established for his or her respective job classification, with the exception of an employee in a “trainee” status or an employee whose present salary is above the established maximum rate for his or her classification because of demotion, reclassification, or the transition to a new pay plan.
Section 5.06 Salary of
Trainee
An applicant hired or an employee promoted to a position in a higher class, who does not meet all of the established requirements of the position, may be appointed at a rate in the pay plan below the minimum established for the position. In such cases, a plan for training, including a time schedule, will be prepared.
A trainee’s pay rate may be no more than 5% below the minimum pay rate established for the position for which the person is being trained. An employee will remain in trainee status until the Department Head determines that the trainee is qualified to assume the full responsibilities of the position. The Department Head will review the progress of the trainee on a monthly basis, or more frequently as necessary, to determine when the trainee is qualified to assume the full responsibilities of the position. Provided, however, that a trainee shall not be in such status for longer than six months.
An employee in a trainee status will be considered a probationary employee. However, the time spent as a probationary trainee will not reduce the probationary time normally required of an employee who has assumed the full responsibilities of a position. That required probationary period is discussed in Section 6.12.
Section 5.07 Pay for
Part-Time Work
The pay plan established by this policy is for full-time, regular service. The rate of pay for an employee who has been appointed for less than full-time or regular service will be an hourly rate within the pay range established for the appropriate job classification.
Section 5.08 Overtime
To the extent that local government jurisdictions are so required, the Town will comply with the Fair Labor Standards Act (FLSA).
The Town Manager, following FLSA regulations, will determine which jobs are “non-exempt”, and are therefore subject to the Act in areas such as hours of work, work periods, work rates, rates of overtime compensation, and other provisions. A non-exempt employee will be paid at a straight time rate for hours up to the FLSA-established limit for the employee’s position (usually 40 hours in a seven-day period). Hours beyond the FLSA-established limit will be compensated in the appropriate manner as outlined in the following paragraph. In determining eligibility for overtime in a work period, only those hours actually worked will be considered.
Whenever practicable, departments will schedule time off on an hour-for-hour basis within the applicable work period for non-exempt employees in order to minimize the payment of overtime. When time off within the work period cannot be accommodated, the overtime hours worked will be paid at a time-and-one-half rate or taken as compensatory time at a time-and-one-half rate, in accordance with FLSA regulations.
Overtime work must be of an unusual, unscheduled, or emergency nature and be directed or authorized by the Department Head or authorized representative of the Department Head.
Employees in positions determined to be “exempt” from FLSA (as Executive, Administrative, or Professional staff) will not receive pay for hours worked in excess of their normal work periods. Exempt employees will work the number of hours necessary to assure the satisfactory performance of their duties. Those employees may be granted occasional compensatory leave by their Department Heads or the Town Manager as work demands and schedules may allow.
Section 5.09 Work Hours
The normal schedule of hours for an employee will consist of eight hours per day, five days a week, except where there is a continuous, twenty-four-hour operation. Subject to the approval of the Town Manager, each Department Head will establish the specific work hours and work schedules within his or her department.
The administrative offices of the Town will be open to the public from 8:00 a.m. to 5:00 p.m., Monday through Friday, with the exception of observed holidays. The Police Department and Emergency Services will be open and in operation at all times.
When the activities of a particular department require some other schedule to meet work needs, the Town Manager may authorize a deviation from the normal work schedule.
In the event of extreme weather or an emergency situation, the Town Manager will decide which, if any, of the Town’s offices and facilities will close. The Town Manager will also determine whether to compensate, or the method of compensation, for Town employees who may not have worked during the severe weather or emergency.
Section 5.10 Work Period
The work period is defined as seven consecutive days. Full-time, non-exempt employees (other than Police Department and Emergency Services employees) will normally work five eight-hour days per work period and are subject to the overtime provisions set forth in Section 5.08 after 40 hours worked in a work period.
Police Department employees’ work schedules will be established and maintained in accordance with FLSA and work periods will be set as 28 consecutive days. Non-exempt police officers, regardless of rank, are subject to overtime after 171 hours of work over 28 consecutive days.
Emergency Services employees’ work schedules will be established and maintained in accordance with FLSA and work periods will be set as 28 consecutive days. Non-exempt Emergency Service employees are subject to overtime after 212 hours of work over 28 consecutive days.
Section 5.11 Compensatory
Time
Compensatory time-off will be granted whenever feasible and must be taken within thirty days of the workweek in which it was earned. In accordance with the FLSA, the compensatory time will be taken at the rate of one and one-half hours of compensatory time for each hour of overtime worked. Compensatory time not taken within the 30-day period will be paid as overtime pay. The Town Manager, however, is authorized to permit the carry-over of compensatory time beyond the thirty-day period when it is in the best interests of the Town to do so.
Section 5.12 Standby Duty
The nature of several jobs performed by Town employees requires that those employees be on standby duty. Standby duty means that those employees will be available and ready to work in emergencies or other situations requiring immediate attention. Such standby duty is an integral part of the routine duties and responsibilities of some jobs. As such, compensation for standby duty is included in the base salary for those jobs.
In the event that employees on stand-by duty are called in to perform assigned duties outside of normal working hours, they will receive compensation in accordance with the call-back provisions and overtime provisions of this policy.
An employee on standby duty who cannot be located to perform his or her duties in the event of a call-back will be subject to disciplinary action.
Section
5.13 Call-Back Pay
Any Town employee eligible to receive compensation under this policy will receive a minimum payment of two hours’ wages for being called back to work outside of normal working hours.
Section 5.14 Maintenance of
Pay Records and Payroll
The Personnel Officer will maintain a list of personnel who are exempt from the overtime provisions of the FLSA. Detailed records of hours worked are not required for exempt personnel. Such personnel will have their hours certified by the Town Manager.
All other personnel are non-exempt employees and are eligible for overtime in accordance with the provisions of the FLSA. Non-exempt employees are required to maintain and sign detailed records of hours worked for the purposes of computing overtime. The supervising Department Head will certify the hours worked by the non-exempt employees under his or her supervision.
Town employees will be compensated for service by the issuance of a payroll check. Payroll checks are issued bi-weekly (every two weeks) and are normally payable on Thursday. Employees will be notified of any change in the payroll schedule.
Section 5.15 Volunteer
Service
The Town encourages and will permit an employee to participate as a member of a volunteer service to the extent that such activities do not interfere with the employee’s responsibilities and job requirements for the Town. However, in accordance with FLSA regulations, no non-exempt employee will be required or will be allowed to volunteer his or her time to the Town where he or she would be performing the same or similar work to his or her regular work duties.
Section 5.16 Merit System
When the quality of an employee’s performance is worthy of special recognition, the merit system provides a method by which the employee may be rewarded with a pay increase for that performance. Exceptional job performance, as recognized by a merit pay increase, is the only way for an employee to move up through the salary range assigned to his or her job classification. The annual employee performance evaluation process will prescribe the standards that govern the rewarding of merit increases. Meeting the required minimum performance standards for a position is expected of all employees and is not considered exceptional.
A merit pay increase of up to 2.5%, except as otherwise provided, may be granted to an employee, with the approval of the Town Manager, in accordance with the following provisions:
a. An employee who successfully completes the probationary period may receive up to a 5% increase in his or her pay rate. However, a Police Officer, serving a 12-month probationary period, may receive a 2.5% increase at the end of the first six months and another 2.5% increase at the end of the probationary period. After completion of the probationary period, an employee is eligible for a merit increase annually thereafter.
b. A promoted employee may be eligible for a merit increase after a year of continuous service from the effective date of the promotion;
c. Any such merit increase may not exceed the established maximum salary for the employee’s job classification;
d. Merit pay increases are to be added to an employee’s base pay rate or base annual salary.
e. Improper use of the performance evaluation to obtain a merit pay increase, including the falsification of information, will be grounds for disciplinary action.
f. Merit pay increases are limited by the funds that may be available and appropriated by the Town Council.
Merit pay increases will not be awarded automatically. When an employee’s productivity, behavior, attendance, or work quality need to be improved, the Department Head will deny a merit increase, subject to the approval of the Town Manager; and the employee will be told of the areas in which improvements need to be made.
The Town wants to encourage its employees to continue to grow in their chosen profession and to reach their full potential. Some professions provide for in-depth training to enable practitioners to develop increased knowledge and skill in their profession. Successful completion of such courses of study is recognized by certification. Professional organizations and/or regulatory bodies award such certifications after completion of an outlined course of study and successful completion of an examination. Town employees who obtain such certification(s): 1) directly related to the area in which they are employed and 2) which certification is above that required in order for them to perform the required duties of their position with the town; may receive a salary adjustment based on course requirements with the amount set by the Town Manager in the month following the receipt of the certification.
The employee’s department head
(and the Town Manager) must approve the course of study in advance to ensure
compliance with the spirit of this policy. State-sanctioned certifications may
include police, fire, emergency services, water, wastewater, building
inspections. Professional certifications may include APA (American Planning
Association), University of North Carolina-Chapel Hill Institute of Government
Course completion (i.e., Tax Collection, Finance, Clerk, Zoning or Personnel)
or ITRE (
Section 5.17 General Pay Plan
Adjustments
The Town reserves the right to make general adjustments to the pay plan from time to time. Generally, such adjustments will be based on market considerations, such as the general condition of the economy, the cost of living, comparative rates of other jurisdictions and the private sector, and the financial condition of the Town.
General adjustments may be up or down, and may affect all position classifications or selected classifications. The pay rate of individual employees may or may not be affected by the general adjustments.
Section 5.18 Payroll
Deductions
Only those payroll deductions specifically mandated by federal, state, or Town regulation, or specifically authorized by the Town Manager, may be deducted from an employee’s payroll account.
ARTICLE VI
RECRUITMENT AND EMPLOYMENT
Section 6.01 Equal Employment
It is the policy of the Town of
Section 6.02 Recruitment
Opportunities for employment may be publicized, including appropriate job descriptions, applicable salary ranges, and employment qualifications. Information on job openings and hiring procedures will be provided to recruitment sources serving the appropriate labor market. Individuals will be recruited from a geographic area as wide as necessary to assure that well-qualified applicants are obtained for Town service.
It is the policy of the Town to advertise regular employment opportunities at least once in a local newspaper; and to post notices of such opportunities on the public bulletin board in Town Hall. Except in emergency situations, no positions will be filled until three days have elapsed after the publication of said notices. Temporary and part-time positions may be filled without prior publication or notice.
In accordance with Section 6.17, promotional positions may not necessarily be advertised to the general public upon authorization by the Town Manager.
Section 6.03 Job
Announcements
Employment announcements on behalf of the Town will contain the phrase “An Equal Opportunity Employer (EOE)”, and will comply with all applicable federal and state statutes prohibiting discrimination in employment matters.
Section 6.04 Applications for
Employment
All persons expressing interest in employment with the Town will be given an opportunity to file an application for employment when a position is vacant or when the Town is advertising to fill a position. Applications will remain active for a period of six months.
Inaccurate, false, or misleading information provided on an application will be sufficient grounds for the Town to reject the applicant prior to appointment; or will be sufficient grounds for appropriate disciplinary action, up to and including dismissal, if the error is discovered following appointment.
Section 6.05 Application
Reserve File
After the active period of six months, as provided in Section 6.05, applications will be kept in a reserve file for a period of two years in accordance with guidelines established by the Equal Employment Opportunity Commission and the Uniform Records Retention Schedule issued by the North Carolina Division of Archives and History.
Section 6.06 Review of
Applicants
Department Heads will conduct such interviews or examinations as deemed appropriate to assess fairly the relative aptitude, knowledge, skills and abilities, education, experience, character, and other qualifications possessed by an applicant for a vacant position. After obtaining a release form signed by the applicant, a Department Head may make suitable inquiry of employers, educational institutions, and character references to verify the statements made by the applicant or to determine the qualifications of the applicant. The selection process to be used by a Department Head in the filling of a vacancy must be reviewed and approved by the Town Manager.
Section 6.07 Qualifications
and Standards
Prospective employees must meet the employment standards and requirements for a vacant position as outlined in the job description for that position, as well as such other reasonable, job-related minimum standards of character, aptitude, knowledge, skills, abilities, and physical condition as may be established by the Town Manager with the advice and recommendations of Department Heads.
Section 6.08 Preference for
Existing Employees
It is the Town’s policy to create career opportunities for its employees when possible. Therefore, when a current regular employee possesses qualifications for a vacant position that are deemed to be equal to or better than the qualifications possessed by the other top candidates, the current employee should be appointed to that vacant position.
Section 6.09 Medical
Examination
Upon the recommended appointment of an applicant to a full-time position, a pre-employment medical examination may be administered to the prospective employee at the expense of the Town. This examination is to assure that the prospective employee can perform the required duties of the position without threat of harm or injury.
Section 6.10 Appointment
Upon completion of the selection process, the Department Head will recommend a prospective employee to fill the vacant position. Upon approval by the Town Manager, the appointment will be effective.
Section 6.11 Probationary
Period
The probationary period is considered to be a continuation of the selection process. It will be used for closely observing the employee’s work, for providing the employee with an opportunity to adjust to the new position, and for rejecting an employee whose performance is not satisfactory.
An employee, following an original appointment or re-appointment to a permanent position, will serve a probationary period of six months, except that police officers will serve a probationary period of twelve months. Any such employee may be dismissed at any time during the probationary period upon written notice, approved by the Town Manager, from the Department Head to the employee. Any such dismissal will not be subject to appeal.
Any regular employee, who is
transferred or promoted to another permanent position with the Town, will serve
a six-month probationary period in that new position. If the employee does not perform
satisfactorily in that new position during the probationary period, he or she
will be reinstated to the previous position, if the previous position still
exists. If the previous position does
not exist, then the employee’s status will be governed by the Town’s
reduction-in-force (
In unusual cases, and for specific reasons approved by the Town Manager, the probationary period may be extended for a maximum period of six additional months. In such cases, the employee will be notified of the purpose of the extension, the length of the extension, and the performance expectations.
Section 6.12 Probationary
Evaluation
During the probationary period, the Department Head of the employee serving in a probationary status will monitor the progress of the employee and will discuss with the employee his or her performance. Through open communication, the employee should receive a clear understanding of what is expected related to job performance and a periodic assessment of his or her job strengths and weaknesses.
Before the completion of the probationary period, the Department Head will make a written recommendation to the Town Manager with regard to whether the employee should be retained in his or her position as a regular-status employee, transferred, demoted, dismissed, or whether the probationary period should be extended, if possible.
Section 6.13 Regular Status
A probationary employee will be granted regular status after satisfactory completion of the probationary period, as evidenced by the evaluation reports and a recommendation by the appropriate Department Head.
Section 6.14 Employment of
Relatives
Members of an immediate family will not be simultaneously employed by the Town in circumstances where one member is working under the direct supervision of another member or where one member works in a department headed by another member.
For the purpose of this section, “immediate family” is defined as spouse, mother, father, guardian, child, sister, brother, grandparent, grandchild, plus the various combinations of half-, step-, in-law, and adopted relationships that can be derived from those named.
Section 6.15 Employee
Transfers
An employee desiring a transfer from one division or department to another must submit his/her request in writing to his/her Department Head and the Town Manager. If a vacancy occurs in that other division or department, the employee’s name will be submitted to the appropriate Department Head for consideration. If the prospective Department Head is willing to accept the new employee, the transfer may become effective if approved by the Town Manager.
In addition to the above, an involuntary transfer within the same or similar job classifications may be made upon the direction of the Town Manager when such a transfer is required in order to maintain the efficient operation of municipal services.
Section 6.16 Promotion
Department Heads should endeavor to anticipate retirements and other employee turnover, and should have employees trained to assume positions of greater responsibility. In filling vacancies, an effort will be made to promote qualified employees from within the Town work force before seeking an outside replacement.
When a vacancy occurs in a position the position may not be advertised to the general public if:
a. The
Department Head feels the position can reasonably be filled by a current Town
employee who possesses the minimum qualifications for the vacant position and,
b. Authorization
from the Town Manager is obtained.
Candidates for promotional positions will be chosen on the basis of relative skills, abilities, work experience, character, knowledge, and physical condition. Employees under consideration for promotion must meet the employment standards for the vacant position as outlined in the job description for that position.
Nothing in this section shall preclude the Town Manager from directing that the vacant position be opened to candidates outside of current Town employment when, in his or her opinion, it is in the best interest of the Town.
Section 6.17 Demotion
Any employee whose work in his or her present position is unsatisfactory or who fails to maintain acceptable standards of personal conduct may be demoted to a lower classification provided that the Department Head and the Town Manager feel that the employee is capable of satisfactory performance in that new position. This personnel action would be considered an involuntary demotion.
An employee may wish to have a position with less complex duties and responsibilities, and, therefore, may request a demotion that is unrelated to unsatisfactory performance or failures in personal conduct. Such a demotion, if approved by the appropriate Department Head and the Town Manager, would be considered a voluntary demotion.
A demoted employee of either type will serve a standard probationary period of six months in the new position. If performance in that new position is unsatisfactory during the probationary period, the employee may be dismissed with written notice upon approval by the Town Manager.
Section 6.18 Americans With Disability Act (
It is the policy of the Town to comply with the relevant and applicable provisions of the Americans with Disability Act (ADA). The Town will not discriminate against any qualified employee or applicant with respect to any terms, privileges or conditions of employment because of a person’s physical or mental disability. The Town will also make reasonable accommodations wherever necessary for employees or applicants with disabilities, provided that the individuals is otherwise qualified to safely perform the duties and assignments connected with the job and provided that any accommodations made do not require significant difficulty or expense.
Employees or applicants, who may need an accommodation, whether temporary or permanent, shall contact the Human Resource Director for assistance.
ARTICLE VII
GENERAL CONDITIONS OF EMPLOYMENT AND EXPECTATIONS
Section 7.01 Scope and Acceptance
The general conditions of employment and expectations, as outlined in this Article, are applicable to all Town personnel holding positions under the Town’s classification and pay plans.
All personnel accepting or continuing employment with the Town will be deemed to have accepted all of the terms and conditions of employment as contained in this Article, even as they may be amended from time to time.
Section 7.02 Adherence to
Town Policies and Procedures
Each employee of the Town will adhere to the policies, procedures, rules, and regulations of the Town. Failure to do so will subject the employee to disciplinary action.
Section 7.03 Administration
It is the responsibility of the Town Council to appoint or remove the Town Manager. The Town Manager shall serve exclusively at the pleasure of the Town Council.
In accordance with the principles
of the Council-Manager form of government, and the General Statutes of
Section 7.04 Job Requirements
An employee must meet and continue to meet the employment standards and requirements for his or her position as outlined in the job description for that position, as well as such other reasonable minimum standards as may be established by these policies, the supervising Department Head, and/or the Town Manager.
Section 7.05 Safety
It is the intent of the Town to provide for an ongoing program that assures a safe and healthy work environment for all employees. To that end, the Town Manager will appoint a Safety Coordinator, who will be responsible for coordinating and directing the Town’s safety program.
The Town of
Furthermore, it is the responsibility of each Department Head or supervisor to:
a. Provide reasonably safe work procedures and working conditions;
b. Implement safety policies and programs;
c. Inform and train employees in safe work habits;
d. Investigate accidents and prepare accident reports;
e. Take corrective and preventive actions to minimize the likelihood of accidents; and,
f. Encourage employees to report unsafe conditions and to submit practical safety suggestions.
Similarly, each Town employee has the responsibility to:
a. Develop and maintain safe work habits;
b. Promptly report all accidents and injuries;
c. Point out what are believed to be dangerous practices and working conditions;
d. Assist with the investigation of accidents;
e. Take proper care of safety equipment;
f. Wear proper clothing and avoid loose sleeves, cuffs, rings, bracelets, and long hair around moving machinery;
g. Know the location and use of fire extinguishers, the location of fire exits, and the best method for reporting a fire; and,
h. Comply with all safety policies and procedures established by the Department Head, Safety Coordinator, and/or the Town Manager.
Section 7.06 General
Performance
Employees of the Town will report for work at the time and place specified by their supervisors and complete the number of hours required by their jobs. During their hours on the job, employees will remain alert and awake, will not engage in any activity or personal business which would cause them to neglect their jobs, will follow the instructions of supervisors, and will diligently undertake all work assignments.
Section 7.07 General Conduct
With regard to general conduct, employees of the Town will:
a. Display respect for their supervisors, subordinates, and associates;
b. Address their subordinates, associates, supervisors, or members of the general public with courtesy, and shall not use abusive, violent, insulting, or provoking language;
c. Cooperate and coordinate their efforts with other employees to assure maximum effectiveness;
d. Not use or attempt to use their positions with the Town for personal or financial gain or advantage.
Section 7.08 General
Appearance
Employees are expected to present a neat and clean appearance. Employees will wear clothing that is safe and appropriate for the type of work and public interaction anticipated. Clothing and jewelry should not be a source of negative comment from the community, or impact adversely community respect.
Employees will comply with departmental policies governing the wearing of uniforms and protective gear.
Section 7.09 Absences
An employee is expected to complete his or her work hours as scheduled by the appropriate supervisor or Department Head. An employee shall not be absent from work without first informing and obtaining permission from his or her supervisor or otherwise complying with the provisions of an appropriate leave policy (for example, comp time, vacation leave, or sick leave). Scheduled hours that are not worked are to be charged to one or more of the leaves that are outlined in Article XI of this policy.
Unauthorized absence from duty (absence without leave) may result in appropriate disciplinary action, up to and including dismissal. An employee who is absent without authorization for three consecutive work days will be deemed to have automatically terminated his or her employment as of the last day worked, unless the employee can provide documentation to the satisfaction of the Department Head and Town Manager that circumstances beyond the employee’s control prevented him or her from reporting.
Regardless of the validity of an employee’s reasons for being absent from work, or the employee’s compliance with leave policies, the Town reserves the right to terminate an employee whose repeated or prolonged absences interfere with the efficient provision of Town services.
Section 7.10 Gifts and Favors
No official or employee of the Town shall accept any gift, whether in the form of service, loan, thing of value, or promise, from any person who, to the employee’s knowledge, is interested directly or indirectly in business dealings with the Town. The following may serve as exceptions, but an employee should consult with supervisory personnel when there is doubt about the appropriateness of a gift or favor:
a. The purchase of a routine meal at a meeting where Town-related business has been discussed or conducted;
b. Consumable gifts are often offered or provided during the holiday season. These gifts may be accepted where they are made available to the entire work group and where rejection would be contrary to the spirit in which the gifts were offered.
No official or employee shall accept any gift, favor, or thing of value that may tend to influence the actions or judgment of that official or employee in the discharge of duties. No official or employee shall grant, in the discharge of duties, any improper favor, service, or thing of value. No official or employee shall use his or her position with the Town to secure a contract for the purchase of goods or services from any firm, company, or organization, in which that official or employee has a direct financial interest.
Section 7.11 Political
Activity
Each employee has a civic
responsibility to support good government by every available means and in every
appropriate manner. As a private
citizen, each employee may join or affiliate with civic organizations of a
partisan or political nature, may attend political meetings, may advocate and
support the principles or policies of civic or political organizations in
accordance with the Constitution and laws of the State of
a. Engage in any political or partisan activity while on duty;
b. Use official authority or influence for the purpose of affecting the result of an election or nomination for office;
c. Be required as a duty or a condition of employment, promotion, or tenure of office, to contribute funds for political or partisan purposes;
d. Coerce or compel contributions for political or partisan purposes;
e. Use any supplies or equipment of the Town for political or partisan purposes;
f. Use his or her official title or represent himself or herself as a representative of the Town for political or partisan purposes.
No official shall be employed by the Town in any capacity. If an employee is elected or selected to an official position, then he or she forfeits his or her employment with the Town upon assuming that office.
Section 7.12 Off-Duty Conduct
Generally, the Town of
An employee who
engages in, or is associated with illegal, immoral, hostile, harmful, or other
conduct, the nature of which adversely affects the Town of
Section 7.13 Off-Duty
Employment
The work of the Town must take precedence over other occupational interests of Town employees. All outside employment for salaries, wages, or other compensation, and self-employment, must be reported to and approved by the supervising Department Head and the Town Manager. Such approval will not be unreasonably withheld. Employees may engage in off-duty employment provided that:
a. The employment does not conflict with the employee’s work schedules, duties, and responsibilities;
b. The employment does not create a conflict of interest with Town employment;
c. The employment does not have a detrimental effect upon the employee’s work performance with the Town;
d. The employment does not involve conducting business during hours of employment with the Town.
e. The employment does not involve a position or business activities that are incompatible with the employee’s position with the Town.
Full-time police officers are subject to the following conditions in addition to those outlined above:
a. Off-duty employment that reflects discredit upon the department may not be undertaken. Without limiting the generality of the foregoing statement, the following jobs are specifically prohibited:
1. Collection of accounts or debts;
2. Working in establishments licensed to sell or serve alcoholic beverages for consumption on the premises, excepting only traffic or crowd control outside a building.
b. An officer shall not wear his uniform during off-duty employment in any job requiring the officer to enforce, or threaten to enforce, any rule or order of an employer governing customer behavior on the employer’s premises when the customer’s conduct does not constitute a criminal offense.
c. Wearing a uniform during off-duty employment within the officer’s jurisdiction (within the Town and one mile beyond) is permissible for:
1. Security work in or around a building to prevent the theft of merchandise;
2. Traffic or crowd control at athletic or special events;
3. Traffic control in access and parking areas of commercial establishments.
d. An officer wearing his uniform during off-duty employment is, in the eyes of the public, a representative of the department. As such, the officer should avoid non-public safety-related job duties and should conduct him or herself at all times in a manner consistent with a public respect for the uniform of the department.
e.
An officer that is in recruit school or on probationary
status, as defined respectively by the North Carolina Criminal Justice
Standards and Training Council and the Town of
f. Officers are reminded that they have no authority beyond that of an ordinary citizen when employed outside their territorial jurisdiction.
The Town Manager shall be responsible for the final interpretation of this section and whether any such outside employment complies with the guidelines stated herein. Conflicting outside employment will be grounds for disciplinary action, up to and including dismissal.
Section 7.14 Immigration Law
Requirements
All employees are required to
furnish proof of citizenship or other required documents indicating a right to
work in the
Section 7.15 Confidential
Information
An employee of the Town will often be given or come into contact with information of a confidential nature. The employee will not disclose that confidential information without the express approval of the supervising Department Head or the Town Manager. Nor shall an employee, under any circumstance, use such information to advance the financial or other private interests of him, herself, or others.
Section 7.16 Release of
Information
An employee of the Town will not fill speaking engagements, publish articles, issue press releases, send letters for publication, or give interviews as a representative of the Town without the express permission of the Town Manager
Section 7.17 Laws and
Ordinances
Employees are expected to comply with all traffic or criminal laws or ordinances, whether local, state, or federal in nature. Commission of any act which constitutes a violation of such laws or ordinances while on Town property, in Town uniform, or in the course of Town business will be cause for disciplinary action.
Commission of such an act will also be cause for disciplinary action, even if not during the course of Town business, when it has a reasonable relationship to the employee’s ability to perform his or her job functions with full efficiency, or which otherwise indicates unfitness or unsuitability to continue in that particular position.
The Town reserves the right to perform a criminal record check, a DMV operator’s history check, or such other records check as is reasonably related to the employee’s ability to perform his or duties or to satisfy the qualifications for a position. Such record checks may be made either on a random basis or whenever reasonable grounds exist.
Section 7.18 Town Property,
Equipment, and Vehicles
Equipment, tools, and supplies that belong to the Town shall not be removed from Town property except in the conduct of official Town business, unless specifically authorized by the Town Manager. Should authorization be granted, the use shall be limited to the use specified in the authorization.
Town vehicles are to be used only by Town employees. Town vehicles are to be used solely for Town business and shall not be used to conduct personal business. Unauthorized passengers, such as hitchhikers, family, friends, or other parties not directly related to Town business, are not allowed in or on Town vehicles and equipment without express authorization from a Department Head unless such action is taken in the interest of the health, safety, and welfare of the citizens.
The Town Manager may authorize a Department Head, supervisor, or other employee to take a Town vehicle home when circumstances dictate that such action would best serve the interests of the Town. In making that determination, the Town Manager shall consider the assigned duties of the employee, the hours during which the vehicle is to be used, whether the employee is on 24-hour call, the location of the employee’s home, and other related factors.
Employees of the Town will be
responsible for the proper care and use of Town property, equipment, and
vehicles assigned to or used by them, and will promptly report to their
supervisors any loss, damage, destruction, or defect therein. Any accident involving a Town vehicle shall
be reported immediately in accordance with
Section 7.19 Harassment
The purpose of this policy is to establish that the Town prohibits
workplace harassment of Town employees and ensures that departments are free
from workplace harassment. This policy
also prohibits retaliation against employees reporting harassment.
The policy of the Town is that no Town employee may engage in conduct
that falls under the definition of workplace harassment as indicated
below. All employees are guaranteed the
right to work in an environment free from workplace harassment and retaliation.
Definitions
Confidentiality –
Considering the sensitive nature of harassment complaints, every effort will be
made to keep the complaint and the name of the employee confidential and on a
need-to-know basis. However, due to the
nature of conducting an investigation of a complaint, confidentiality cannot be
guaranteed. Reports, including the final
report, will be distributed only to persons having a need or right to know. The reports will be maintained in a confidential
file.
Reporting Procedures
– An employee who believes he or she may have a complaint of workplace
harassment may pursue any of the following actions:
The report into an allegation of workplace
harassment shall include:
·
The
specific conduct or complaint,
·
Who
committed the alleged conduct,
·
When and
where the conduct occurred,
·
Name of
witnesses,
·
Number
of alleged occurrences,
·
Any
prior requests to cease conduct.
Investigation of Alleged Workplace Harassment – If a confidential investigation is
undertaken it shall include, but not necessarily be limited to, interviews with
individuals who are believed to have knowledge of the matter including the
alleged victim and the alleged harasser.
Employees named in reports and/or complaints will be given sufficient
information about the allegation to provide them a reasonable opportunity to
respond.
Employees shall cooperate fully in any investigation or may be subject
to discipline for failure to cooperate.
Upon receipt of complaint, the Town will take all appropriate steps to
prevent the alleged conduct from continuing, pending completion of the
investigation.
Upon completion of the investigation the investigating party will issue
a report of the investigation and findings, which will include the facts
ascertained in the investigation.
Making False Accusations – Equally serious are false accusations of workplace harassment. Unwarranted accusations are demoralizing and
slanderous. Such accusations can expose
the accuser and Town to litigation and damages.
Furthermore, false accusations undermine the purpose of this
policy. False accusations will result in
disciplinary actions up to and including dismissal.
Section 7.20 Telephones
Town telephones and fax machines are for official business. Long distance calls and fax transmissions should be made for official business only. If it is necessary for an employee to make a personal long distance phone call or fax transmission during business hours, then the employee must reimburse the Town for the phone or fax charges. Employees should not make unreasonable use of Town telephones for local calls.
Each employee of the Town will maintain a telephone and will provide the Department Head with a current listing of that phone number.
The purpose of this section is to establish efficient and consistent standards and procedures for the acquisition and use of cellular telephone technology; and to manage and control costs associated with acquiring and operating cellular telephones.
It is the policy of the Town of
Like all other Town assets and resources, cellular telephones are acquired or provided with public funds to enable Town employees and officials to transact the public’s business in the most efficient and cost-effective method possible. Generally, employees who have town-owned or town-provided cellular telephones shall use them in the same manner, and with the same care and stewardship, as do employees who have conventional, stationary telephone equipment. Employees shall limit, to an absolute minimum, calls that do not involve Town business. This rule applies to both outgoing and incoming calls. Furthermore, any cellular telephone (either town-owned or town-provided) user shall comply with all applicable safety rules and/or regulations when operating this technology.
The Town Manager will identify those employees who should have cellular telephones to better enable them to conduct the Town’s business. Standards in determining the need for cellular telephone use will include:
a. Employee is required to maintain constant, though intermittent, contact with private citizens and other public servants, and they spend a significant portion of their workday away from a conventional telephone or a mobile radio.
b. Employee serves in a public safety capacity and who, by job title and responsibility, serves or is subject to serve in a command or field coordinator role for incidents that may threaten public-safety and wellbeing.
c. Employee with whom immediate and direct telephonic communication is necessary in the performance of their job responsibilities and organizational duties and/or may have supervisory responsibilities while on call in the field during off-business hours.
In order to provide a policy
conducive to the various aspects of local government (subject to the
aforementioned standards), the Town will utilize two methods for the provision
of cellular telephone technology.
Public Safety:
If warranted and approved by
the Town Manager, the Town will acquire and place town-owned cellular
telephones in service for the public safety-related capacities.
Non-Public Safety:
If warranted and approved by
the Town Manager, the Town will provide a nominal monthly stipend to non-public
safety employees for their personal cellular telephone accounts when those
cellular telephones are used for Town business.
The employees designated for a
cellular telephone allowance will be provided a stipend of $15.00 per month. In
order to receive the stipend, the employee will be required to have the
cellular telephone available and operable during their work hours. In addition,
each employee designated to receive the cellular telephone stipend shall be
required to complete a Town of
Section 7.21 Surrender of
Property
An employee, who is suspended or dismissed, or who resigns, will be required to return all items of equipment and supplies, including uniforms, owned by the Town. Return of the equipment must precede the issuance of an employee’s final paycheck. If items are not returned, the cost must be paid before issuance of an employee’s final paycheck. The cost will be determined by the Department Head in consultation with the Town Manager.
ARTICLE VIII
DRUG AND ALCOHOL POLICY
Section 8.01 Purpose and
Scope of Policy
The purpose of this policy is to maintain a drug- and alcohol-free workplace and to provide procedures for the screening of job applicants and employees for the use of illegal drugs and the improper use of prescription drugs and/or alcohol.
Employees with substance abuse problems are encouraged to voluntarily seek help from the employee assistance program (EAP). EAPs are intended to help employees deal with personal problems that might adversely impact their work performance, health, and well-being. EAPs are defined as assessment, short-term counseling and referral services for employees and their household members. An employee who participates in a counseling, treatment, or rehabilitation program for drug and/or alcohol use or abuse will not be subject to disciplinary action for the disclosure of his or her problem or for his or her participation in the program provided that the employee voluntarily enters the program prior to being identified as a substance abuser by a testing program or before the Town of Blowing Rock has reasonable suspicion that the employee is a substance abuser.
All testing will be conducted in a manner that will protect the rights of employees and applicants subject to testing. Therefore, the Town will take necessary steps to safeguard the dignity and self-esteem of those being tested, and will ensure adherence to all procedures pertaining to the implementation of this policy. The Town will adhere strictly to all standards of confidentiality and assure all employees that testing records and results will be released only to those authorized to receive such information.
Employees who fail drug or alcohol tests as provided in this policy will be subject to disciplinary action, up to and including dismissal.
Section 8.02 Definitions
Unless otherwise specifically
provided or unless otherwise clearly required by the context in which such
words or phrases are used, the words and phrases defined below shall have the
meaning indicated when used throughout this Article:
a. Accident -- Situation involving a commercial motor vehicle operating on a public road that results in a fatality; bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or disabling damage to one or more motor vehicles such that the vehicle(s) must be transported from the scene by a tow truck or other vehicle.
b. Alcohol Test -- An assessment for the presence of alcohol in the body as determined through the use of a breath alcohol test, evidential breathalyzer test, or blood screening.
c. Commercial Motor Vehicle -- A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
1. has a gross combination of weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or
2. has a gross vehicle weight rating of 26,001 or more pounds; or
3. is designed to transport 16 or more passengers, including the driver; or,
4. is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Material Transportation Act and requires the motor vehicle to be placarded under the Hazardous Materials Regulations.
d. Conviction -- A finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of federal or state criminal drug statutes.
e. Drug -- A controlled substance as listed in Schedules I through V of Section 202 of the Controlled Substances Act (21 USC 812) or Chapter 90, Section 87(5) of the North Carolina General Statutes or a metabolite thereof.
f. Drug Test or Drug Screening -- An assessment, including providing the necessary sample of body fluid by the employee to be tested, for the presence of any of the following drugs or drug metabolites in the urine or blood of an employee:
1. amphetamines
2. barbiturates
3. benzodiazepines
4. cannabinoids
5. cocaine
6. methaqualone
7. opiates
8. phencyclidine
9. propoxyphene
10. other drugs that may be determined to reduce work safety or work efficiency
g. Medical Review Officer -- A North Carolina-licensed physician with specific training in the area of substance abuse.
h. On Call or Standby Duty -- When an employee is subject to receiving a call to report immediately to work for the Town.
i. On Duty -- When an employee is at the workplace, in a Town vehicle, or otherwise performing duties associated with his or her position with the Town.
j. Other Substance -- Any substance that has the potential to appreciably impair the mental or physical function of a person.
k. Positive -- With respect to the results of a drug test, means a laboratory finding of the presence of a drug or a drug metabolite in the urine or blood of an employee at the levels identified by the Substance Abuse and Mental Health Services Administration (SAMHSA), or for drugs not subject to SAMHSA guidelines, at the levels identified by the Town. All positive tests will be confirmed using a different technology than was used for the first test, such as the gas chromatography/mass spectrometry (GC/MS) process.
l.
Positive --
With respect to the results of an alcohol
test, means the presence of alcohol in an employee’s system as defined by
Federal DOT standards.
m. Negative -- With respect to the results of a drug test, means a test result that does not show presence of drugs at a level specified to be a positive test.
n.
Negative --
With respect to the results of an alcohol
test, means a test that indicates a breath alcohol concentration as defined
by Federal DOT standards.
o. Qualified Negative -- With respect to the results of a drug test, means a test in which the lab result is consistent with legal drug use.
p. Random Testing -- Testing conducted on an employee assigned to a safety-sensitive position that is chosen by a method that provides an equal probability that any employee from a group of employees will be selected.
q. Reasonable Suspicion -- A belief, based upon specific objective facts and rational inferences drawn from those facts that an employee has consumed or is under the influence of alcohol or illegal drugs. Circumstances that constitute a basis for determining reasonable suspicion may include but are not limited to any of the following:
1. presence of the physical symptoms of drug or alcohol use (for example, glassy or bloodshot eyes, alcohol odor on breath, slurred speech, poor coordination and/or reflexes)
2. a pattern of unusual or erratic behavior (for example, confusion, disorientation, lack of coordination, marked personality changes, irrational behavior, physical altercation, verbal altercation)
3. an accident resulting in damage to property or personal injury
4. direct observation of drug or alcohol use
5. possession of drugs
6. verifiable information obtained from other employees based upon their observations
7. arrests, citations, and deferred prosecutions associated with drugs or alcohol
r. Pre-placement Testing -- Testing conducted before a prospective employee initially performs safety-sensitive functions for the Town; or testing conducted on a current Town employee prior to his or her being promoted, transferred, or demoted into a safety-sensitive position.
s. Safety Sensitive Position -- The duties of the position create, or are accompanied by, such a great risk of injury to other persons or to property that even a momentary lapse of attention, judgment, or dexterity could have fateful consequences. Examples of these positions include:
1.
Full- or part-time positions requiring a commercial
driver’s license (CDL), performing maintenance on a commercial vehicle, and
supervisors responsible for controlling the movement of commercial vehicles for
the Town of
2. Full- or part-time positions requiring the use of weapons (or potential use of weapons).
3. Full- or part-time positions requiring the handling of hazardous materials, the mishandling of which may place the employee, fellow employees, or the general public at risk of serious injury, or the nature of which could create a security risk in the workplace.
4. Other positions as determined on a case-by-case basis.
a. Determination as to which positions are safety sensitive will be based on Department of Transportation guidelines or the recommendation of the Department Head and approval by the Town Manager.
t. Supervisor -- Any employee who has the authority to direct the job activities of one or more other employees. With respect to a particular employee, the term means the employee’s immediate supervisor, Department Head, the Town Manager, or any other person having indirect supervisory authority over the employee.
u. Pass a Drug Test -- The result of the drug test is negative. The test either:
1. showed no evidence or insufficient evidence of a prohibited drug or drug metabolite;
2. showed evidence of a prohibited drug or drug metabolite, but there was a legitimate medical explanation for the result as determined by a medical review officer.
v. Pass an alcohol test -- A negative alcohol test. The test showed no evidence or insufficient evidence of a prohibited level of alcohol.
w. Substance Abuse Professional -- A licensed physician or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of both drug- and alcohol-related disorders.
x. Refuse to Submit -- An employee: (1) fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing; (2) fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing; (3) refuses to sign the breath alcohol confirmation test certification; or (4) engages in conduct that clearly obstructs the testing process.
y. Workplace -- The location or facility where an employee may be expected to perform any task related to the requirements of his or her job. This includes, but is not necessarily limited to, Town buildings and facilities, break rooms and restrooms, outdoor worksites, Town or personal vehicles (while the personal vehicle is being used for Town business), computer work stations, conference rooms, hallways, private offices, open or partitioned work areas, public contact or customer service areas, and parking lots.
z. Confirmation Test -- For alcohol, a confirmation test means a second test, following a screening test with the result, as defined by Federal DOT standards that provides quantitative data of alcohol concentration. Confirmation test for controlled substances means a second analytical procedure to identify the presence of a specific drug or metabolite that is independent of the screen test and that uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy. Gas chromatography/mass spectrometry (GC/MS) is the only authorized confirmation method for the five SAMHSA drugs.
Section 8.03 Drug and Alcohol
Tests For Safety Sensitive Positions
This section covers all employees who must hold a commercial driver’s license as a job requirement and all employees who perform other safety-sensitive functions.
a. Pre-placement. Before an employee initially performs safety-sensitive functions for the Town, he or she must undergo testing for drugs. Applicants for safety-sensitive positions or current employees desiring a transfer into safety-sensitive positions must pass a pre-placement drug test.
b. Post Accident. Post accident testing must be conducted on any driver or any other safety-sensitive employee not in the vehicle (for example, maintenance personnel) whose performance could have contributed to the accident. A determination whether to test covered employees who were not in the vehicle but who may have contributed to the accident will be made based on the best information available at the time of the decision. The Federal Highway Administration mandates that tests must be conducted in the event of a fatality or if the driver receives a citation under state or local law for a moving traffic violation arising from the accident.
c. Reasonable Suspicion. A test will be conducted when there is reason to believe that the employee has used a prohibited drug or has misused alcohol as defined in this policy. Reasonable-suspicion testing is authorized only if the required observations and/or inferences are made by a supervisor or official of the Town.
d. Random Testing. Employees designated as safety sensitive will be tested on an unannounced basis throughout the year. Random testing is required just before, during, and after performance of a safety-sensitive function on at least 25% of the employer’s safety-sensitive employees annually.
e.
Return to
Duty. An employee who has a positive
breath alcohol test of as defined by Federal DOT standards will not be allowed
to return to duty in the performance of a safety-sensitive function until he or
she has been evaluated by a substance abuse professional and until he or she
tests negative -- as defined by Federal DOT standards on a return-to-duty
alcohol test.
f. Follow-up. Once allowed to return to duty, an employee who has been determined by the evaluating substance abuse professional to be in need of assistance in resolving problems associated with misuse of drugs and/or alcohol must submit to a minimum of six follow-up tests within the first twelve months following rehabilitation. Follow-up testing may be extended for up to 36 months following return to duty as prescribed by the evaluating substance abuse professional.
Section 8.04 Drug and Alcohol
Abuse and Testing Policy for All Employees
The unlawful manufacture, distribution, dispensation, possession, purchase, or use of drugs by employees is prohibited and constitutes grounds for immediate termination.
The manufacture, distribution, dispensation, possession, storage, purchase, or use of alcohol by employees while at the workplace is prohibited and constitutes grounds for immediate termination.
Employees who are disciplined or terminated as a result of a violation of this policy shall be referred to the employee assistance program as defined by section 8.01 for evaluation and further counseling or treatment by a substance abuse professional.
An employee who tests positive for alcohol and is not terminated will receive a five-day suspension without pay, 180-day performance probation, and a mandatory referral to a substance abuse professional. The employee shall be evaluated by the substance abuse professional and follow any rehabilitation program prescribed. The employee shall be subject to all other return-to-work provisions as outlined in this policy. Refusal to comply with the rehabilitation program prescribed by the substance abuse professional will result in termination. However, before proceeding with disciplinary action, the employee’s Department Head must assure that the facts of the case are reviewed by the Town Manager. A second such occurrence of a positive alcohol test within three years of the first occurrence will result in termination.
No safety-sensitive employee shall use alcohol within four hours before going on duty, or operating, or having physical control of a commercial motor vehicle.
No employee shall report for duty
or remain on duty in a safety-sensitive function while having an alcohol concentration
as defined by Federal DOT standards. An
employee who reports to work and whose breath alcohol test result indicates as
defined by Federal DOT standards a level of alcohol in the employee’s system
shall be considered to have a positive alcohol test and shall be disciplined as
outlined in this policy.
When there is reasonable suspicion (Section 8.02, Definitions) that an employee on duty has alcohol or drugs in his or her system, the employee will be tested. If the employee tests positive and management concludes that alcohol or drug consumption occurred on the job, the employee will be terminated. If the employee tests positive and management concludes that alcohol or drug consumption occurred while not on the job, the employee shall receive appropriate discipline, up to and including termination, as outlined in this policy.
A reasonable suspicion or post-accident alcohol test shall be administered no later than eight hours following the determination of reasonable suspicion or following the accident. If the test is not administered within two hours, the supervisor must document the reason(s) the alcohol test was not promptly administered. If the alcohol test is not administered within eight hours following the determination of reasonable suspicion or following the accident, the supervisor shall cease attempts to administer the test and must document the reason(s) for not administering the test. In the event an alcohol test is not conducted within the eight-hour time frame, the following should occur:
a.
No employee, for whom a test should have been
administered, shall be allowed to remain on duty until an alcohol test is
administered and the employee’s alcohol concentration measures less as defined
by Federal DOT standards; or
b. Twenty-four hours have elapsed following the determination of reasonable suspicion.
No safety-sensitive employee involved in an accident that requires an alcohol test will consume any alcohol for eight hours following the accident or until a post-accident alcohol test is performed, whichever comes first.
No employee may refuse to submit to an alcohol test as required by these regulations.
A written record shall be made of the observations leading to a reasonable suspicion drug or alcohol test and signed by the supervisor or departmental designee who made the observations. The written record shall be prepared within 24 hours of the observed behavior or before the results of the controlled substances test are released, whichever is earlier.
A reasonable suspicion or post-accident drug test shall be administered within 32 hours following the determination of reasonable suspicion or following the accident. If the test is not administered within two hours, the supervisor must document the reason(s) the drug test was not promptly administered. If the drug test is not administered within 32 hours, the supervisor shall cease attempts to administer a drug test and must document the reason(s) for not administering the test. In the event that a drug test is not conducted within the 32-hour time frame, the following should occur: No employee, for whom a test should have been administered, shall be allowed to remain on duty or return to duty until a drug test is administered with negative results.
No employee may refuse to submit to a drug test required by the regulations.
An employee who is tested
(exclusive of the return-to-duty test) and found to have an alcohol
concentration as defined by Federal DOT standards shall not perform or continue to perform his or her job functions
until the start of the employee’s next regularly scheduled duty period, but not
less than 24 hours following administration of the test. The employee shall be removed from duty
without pay for this 24 hour period and shall receive a notation in his or her performance
evaluation about the requirement of reporting to work without the presence of
alcohol in his or her system.
Employees assigned to positions that are determined to be safety-sensitive will be randomly tested for alcohol and drugs. Selected employees will be transported to the designated testing location. Random testing for drugs and alcohol shall be at the rate mandated by Department of Transportation or Town policy.
A drug and alcohol test will be included as part of the promotion, demotion, transfer, or selection process for employees determined to be final candidates for positions requiring a commercial driver’s and for positions that are safety sensitive.
An employee who tests positive
for alcohol must submit to a return-to-duty breath alcohol test before resuming
the performance of his or her job duties following a disciplinary
suspension. The return-to-duty alcohol
test must indicate an alcohol concentration as defined by Federal DOT standards. A return-to-duty breath alcohol test result
of as defined by Federal DOT standards will result in a five-day suspension
without pay. A return-to-duty breath
alcohol test result as defined by Federal DOT standards will be considered as
the second positive test within a three-year period and will result in
termination.
An employee who refuses to submit to, or fails to follow through with, a drug or alcohol test when testing is required by this policy, will be terminated. However, before proceeding with disciplinary action, including termination, the employee’s Department Head will review the facts of the case with the Town Manager.
If an employee alleges that, because of medical reasons, he or she is unable to provide a sufficient amount of breath to permit a valid breath test, the breath alcohol technician shall instruct the employee a second time to attempt to provide an adequate amount of breath. If the employee continues to allege an inability to provide a sufficient amount of breath for the test, the department shall be notified that the employee has refused to be tested. The employee will be directed to obtain, as soon as practicable after the attempted provision of breath, an evaluation from a licensed physician acceptable to the Town that addresses the employee’s medical ability to provide the adequate amount of breath. If there is no medical reason acceptable to management for the employee’s inability to provide the breath, the employee will be considered to have refused to submit to the alcohol test and will be disciplined, up to and including termination, according to the guidelines established by this policy.
An employee who does not pass the drug or alcohol test and is terminated will not be considered for re-employment for a two-year period following the date of the test and then will be considered only when (a) he or she provides documentary proof of successful completion of a drug and/or alcohol abuse treatment or rehabilitation program; and (b) he or she passes a pre-placement drug and/or alcohol test.
An employee shall inform his or her supervisor if, prior to beginning work or while he or she is on duty, that he or she has used or intends to use any prescription drug, over-the-counter drugs, or other substances that might impair his or her ability to satisfactorily perform duties. Employees are responsible for a thorough understanding of the effects and potential side effects of medications or other chemical substances taken. Failure to notify the supervisor under these circumstances may result in disciplinary action, up to and including termination, depending on the severity of the resulting incident. The Town Manager must be consulted prior to such discipline being imposed.
The medical review officer will review the findings of a drug test with the employee before a final determination is made that the employee did not pass the drug test. The purpose of the review is to ensure that the findings of a positive test are not based on factors other than the use of drugs for which the positive result is found.
Employees returning to work
following the completion of a drug and/or alcohol rehabilitation program will
be tested on an unannounced and periodic basis for drugs and/or alcohol during
the 36 months following their return to work.
Those employees covered by Department of Transportation guidelines must
submit to a minimum of six follow-up tests within the first twelve months
following rehabilitation. A follow-up
breath alcohol test result as defined by Federal DOT standards within the
prescribed 36-month period will result in a five-day suspension without
pay. A second such occurrence of a
follow-up breath alcohol test result as defined by Federal DOT standards within
the prescribed 36-month period will result in termination.
If an employee is convicted of a violation of a criminal drug statute and such violation occurred while the employee was on duty, the employee must notify his or her Department Head of the conviction within five days after such conviction. Failure to comply with this requirement will result in termination.
Section 8.05 Applicant
Testing
Applicants determined to be final candidates for positions requiring a commercial driver’s license or other positions designated as safety sensitive will be required to submit to drug screening. The drug screen shall be performed within 48 hours from the time the conditional job offer is made.
Applicants determined to be final
candidates for positions requiring a commercial driver’s license or other
positions designated as safety sensitive will also be required to submit to an
alcohol screening. The applicant must
have a breath alcohol test result as defined by Federal DOT standards to be
considered for employment.
Applicants for temporary positions requiring a commercial driver’s license or other positions designated as safety sensitive will be required to submit to drug and alcohol screening. Candidates for other temporary positions will be required to submit to a drug or alcohol screen if the department determines that the nature of the job and the length of the assignment justify a test.
An applicant will have four hours to provide an acceptable urine specimen. An applicant who refuses to submit to, or fails to follow through with, the drug test as required, will not be considered for employment for a two-year period.
An applicant who does not pass the drug or alcohol test as required will not be considered for employment for a two-year period following the date of the test and then will be considered only when (1) such applicant provides documentary proof that he or she has successfully completed a drug and/or alcohol abuse or rehabilitation program and (2) such applicant passes a pre-placement drug and/or alcohol test.
Any applicant whose breath alcohol test result
indicates an alcohol concentration as defined by Federal DOT standards or
greater will not be considered for employment for a two-year period following
administration of the test.
Applicants having completed a drug or alcohol rehabilitation program within two years prior to their employment with the Town will be required to certify that they have successfully completed the program before they can be hired. If hired, these employees will be tested on an unannounced and periodic basis for drugs and/or alcohol during the 36 months following their hire.
Section 8.06 Compliance with
Law
Information regarding the testing
and referral of employees and applicants under this policy will be treated as
confidential in accordance with the requirements of
Searches and seizures are to be conducted in a legal manner. The Town reserves the right to conduct searches or inspections of property assigned to an employee whenever a Department Head or his designee determines that the search is reasonable under all the circumstances.
Section 8.07 Supervisory
Responsibilities
Every supervisor shall:
a. Consistently apply this policy to all employees under his or her supervision. A supervisor, who fails to apply this policy when he or she believes, or reasonably should believe, that an employee under his or her supervision has committed a violation, will be subject to appropriate discipline.
b. Initiate the process for having a drug or alcohol test conducted on an employee if there is reasonable suspicion that the employee under his or her supervision, when such employee is on duty, has an illegal drug or alcohol in his or her system or is using any legal drug in a manner other than it was intended.
c. Insure that the employees that he or she supervises are aware of the requirements and consequences of this policy.
d.
Follow the procedure established by the Department Head
for assuring that an employee who is to be tested for alcohol or other drugs is
transported to the designated test site, and that those employees for whom
there is reasonable suspicion of substance abuse or who have had a breath
alcohol test result as defined by Federal DOT standards or greater are
transported home -- either by personal family, friends, or by arranged
transportation.
e. When making recommendations for disciplinary action, supervisors and Department Heads shall consider factors which include (1) the employee’s work history; (2) job assignment; (3) length of employment; (4) current job performance; (5) existence of past disciplinary action; and (6) danger or potential danger to fellow employees and the public at large due to the employee’s job duties.
Section 8.08 Employee
Responsibilities
Each employee shall have the
responsibility to:
a. Abide by this policy as a condition of employment.
b. Comply with all applicable laws regulating the manufacture, distribution, dispensation, use or possession of illegal drugs, alcohol, or prescription drugs.
c. Assure that his or her ability to perform his or her job duties is not negatively affected due to use of drug or alcohol when scheduled to report to work or when on “on call” status. Should any employee be requested to report to work for a safety-sensitive job earlier than his or her normal or previously-assigned time, it is the employee’s responsibility to advise his or her supervisor of an inability to perform his or her job duties or that he or she has consumed alcohol within the last four hours prior to reporting for duty. If the employee had received prior notice that he or she might be called back into work, the employee shall be considered Absent Without Leave if he or she is unable to report to duty. An employee may be subject to other disciplinary action, up to an including termination, due to the inability to report for duty.
d. Submit immediately to a drug or alcohol test when requested by his or her supervisor. An employee, who refuses to submit to post-accident or random testing or to other testing when reasonable suspicion of drug/alcohol use has been identified and documented, will be subject to disciplinary action, up to and including dismissal. In addition, an employee requesting a delay of a test scheduled under the provisions of this policy or failing to appear for a test will be considered to have refused to submit to the test.
e. An employee charged with or convicted of an alcohol-related offense or a drug-related offense shall notify his or her Department Head no later than five (5) days after such charge or conviction. Failure to notify the Department Head of such a charge or conviction shall be grounds for disciplinary action, up to and including dismissal.
An employee officially charged with a drug-related offense or an alcohol-related offense off the job may be suspended and/or dismissed in accordance with the existing Town policies and procedures for employees facing civil or criminal charges.
ARTICLE IX
ALLOWANCES AND BENEFITS
Section 9.01 Auto Allowances
Whenever possible or feasible, employees are instructed to use Town vehicles when transportation is necessary for the efficient performance of their duties. When it is not possible or feasible to use a Town vehicle, employees may use their personal vehicles on a reimbursement basis. An employee who uses his or her vehicle in the conduct of official Town business will be compensated at the mileage reimbursement rate provided in Appendix A.
All requests for reimbursement will be approved by the employee’s Department Head before being forwarded to the Finance Officer for payment.
Section 9.02 Meal Expenses
Town employees may occasionally incur expenses for meals while on official Town business. Meal expenses will ordinarily be reimbursable only when incurred on out-of-town travel (see Section 9.03) or when the meal itself is the occasion of a business meeting. Meal expenses for out-of-town travel will be paid per diem, subject to the guidelines provided in Appendix A. A request for per diem meal expenses must be supported by appropriate receipts and will be approved by the employee’s Department Head before being forwarded to the Finance Officer for payment.
Section 9.03 Travel Expenses
Town employees and officials will occasionally be involved in out-of-town travel to attend schools, business meetings, conferences, etc. All reasonable expenses (mileage, meals, lodging, etc.) will be reimbursed on a per diem basis in accordance with the guidelines provided in this section.
For other than elected officials or emergency situations, travel on Town business requiring an overnight stay must be authorized by the Town Manager prior to the trip. Any such travel not approved by the Town Manager will be at the expense of the employee.
Per diem allocations for all approved travel will be made in accordance with the following guidelines:
a.
Lodging
1. Where approved travel dictates that the employee secure overnight lodging, the lodging will be paid per diem, or may be paid on the Town credit card at a rate not to exceed the cost of a medium-priced single room. All requests for lodging per diem allocations or payments made with the Town credit card must be accompanied by a receipt.
2. Lodging expenses may be authorized for the date preceding the official start of the approved function where travel from Blowing Rock on the opening day would necessitate a departure time before 6:30 a.m.; and may be authorized for the night that the function ends provided that travel back to Blowing Rock would result in a return time after 10:00 p.m. Exceptions must be approved by the Town Manager prior to the event. Unless approved by the Town Manager, lodging secured within 60 miles of Blowing Rock will not be paid.
3. Where an employee is accompanied by a member of his or her family or other acquaintance, reimbursement will only be made at the rate for a single room. The single rate must be listed on the lodging receipt.
b.
Meals
1. Per diem allocation for breakfast will be made for days of departure and return if departure from the Town is prior to 7:00 a.m. or if return to the Town is after 8:00 a.m.
2. Per diem allocation for lunch will be made for days of departure and return if departure from the Town is prior to 12:00 noon or if return to the Town is after 1:00 p.m.
3. Per diem allocation for dinner will be made for days of departure and return if departure from the Town is prior to 5:00 p.m. or return is after 7:00 p.m.
4. Other meals while on out-of-town travel will be at the per-diem rate stipulated in Appendix A. Special meals directly associated with a conference, workshop, seminar, or other job-related activity, may be reimbursed in excess of the per-diem rates. In addition, the Town Manager may also authorize meal reimbursements in excess of the per-diem rates when an employee travels into a “high cost” area.
c. Transportation
1. Compensation will be authorized for that mode of travel that is in the best interest of the Town. Generally, that will mean the most cost-effective mode of travel.
2. An employee using his or her own vehicle will be paid at the per diem rate stipulated in Appendix A. On trips where a Town vehicle is used, reimbursement will be made for purchases of gasoline, oil, or emergency repairs when receipts are presented. For both private and public vehicles, reimbursement for parking and toll charges will be allowed. Costs for traffic fines or parking violations are not reimbursable.
3. When air transportation is authorized, compensation will be made for “coach” air fare. If the desired point of destination is not served by air, fare to the nearest city will be allowed along with round-trip taxi fare or rental car fees to the final destination.
4.
No matter what mode of travel is authorized, expenses
for local transportation, such as bus or taxi fares, will be reimbursed when
such expenses are necessary for
approved functions.
5.
For payment
of transportation expenses, receipts must be provided if practicable.
No employee will receive reimbursement for alcoholic beverages, entertainment expenses, personal items, or expenses incurred on behalf of another person, except as may be provided in Section 9.04.
Before leaving, or within five (5) workdays after return for an approved trip an employee must complete an expense report, itemizing the expenses that are expected to be incurred on the trip. It is the responsibility of the employee, when traveling as a representative of the Town at Town expense, to keep sufficient records of any costs incurred that were not taken into account before the trip to allow the itemization and verification of expenses. Attached to the report must be receipts for any additional expenses incurred as required. The report must be approved by the appropriate supervisor prior to reimbursement. A copy of mileage from Mapquest or other such internet site is required to support mileage request.
Section 9.04 Host Expenses
Department Heads and other Town employees may occasionally find it necessary to host non-employees in the course of Town business, thereby occurring expenses for meals, transportation, or lodging. In such cases, reimbursement will be allowed on an actual expense basis with the approval of the Town Manager.
Section 9.05 Uniform
Allowances
Upon appointment, employees in the Police, Public Works, certain Parks and Recreation employees and Emergency Services Departments may be furnished with uniforms in accordance with the policies established for their respective departments. Uniforms so furnished remain the property of the Town and will be replaced at the discretion of the applicable Department Head.
Section 9.06 Tuition
Reimbursement
Within budget limitations, regular full-time employees may receive reimbursement for the tuition for job-related courses. Any employee desiring to receive such reimbursement must receive approval from his or her Department Head and the Town Manager prior to enrolling in the course.
The payment of tuition reimbursement will be subject to the following guidelines:
a. The course or courses must be taken from an accredited or approved community college, university, secondary school, technical institute, business institute, or trade school;
b. The course or courses must be directly related to the employee’s current position or a promotional position for which the employee is eligible, or must be a part of a degree program related to the employee’s current position or a promotional position;
c. No reimbursement will be made for courses in which the grade received is less than a “C”. For courses that are only graded “PASS/FAIL”, reimbursement will only be made for a “PASS” grade;
d. The employee will receive the appropriate amount of reimbursement following the submission of proper documentation attesting to the satisfactory completion of the course;
e.
The maximum amount that an employee may receive in any
one calendar year for tuition
reimbursement is $600.
An employee who terminates employment with the Town within two years after completing a course or courses under this program shall refund to the Town, on a pro-rata basis, money received for courses taken within two years of the employee’s termination date. The amount to be refunded may be withheld from any termination pay due the employee. Employees whose services are terminated by the Town will not be required to make a refund.
Participation in the tuition reimbursement program may be limited, and applications may be accepted on the basis of one or more of the following criteria: availability of funds, application filing date, the needs of the individual and the Town, and seniority.
Regardless of the above provisions, employees who are required or directed by their Department Heads to attend training courses, who must attend training courses to obtain certification related to their job requirements, or who attend training courses as continuing education related to their job duties, will have the tuition for the courses paid by the Town.
The Town of
Years of Service
As of December 31 Longevity
Bonus*
Less than 1 Year $100.00
1 Year, Less than 2 Years $200.00
2 Years, Less than 3 Years $400.00
3 Years, Less than 4 Years $600.00
4 Years, Less than 5 Years $800.00
5 Years or Greater $1,000.00
*Longevity Bonus not to exceed $1,000.00 annually for regular full-time employees.
In order to receive the bonus, an employee must first have the total years of credit required and must have served continuously in a pay status during the year for which the bonus is paid. Employee must be on current payroll to receive a longevity bonus.
Longevity Pay for regular part-time employees (excludes seasonal and temporary employment) is based on the following hours worked during the year for the Town:
Number of Hours Worked Longevity Bonus*
Less than 1040 per Year $50.00
1040, or Greater per Year $100.00
*Longevity Bonus not to exceed $100.00 annually for regular or part-time employees.
[Editor’s Note: Adopted February 13, 2007]
The Town of
Years of Service Award
Bonus
15 years $250.00
20 years $500.00
25 years $1000.00
30 years $1500.00
In order to qualify for the
bonus, an employee must have served in a full-time capacity with the Town or
through full-time contracted service to the Town for the total years required
for which the award bonus is paid. The time does not have to be continuous
service (i.e., works 3 years with the Town and leaves employment but returns to
work an additional 22 years with the Town = 25 years of service). Time bought back from the retirement system
will be considered when computing the service bonus. The payment will be made
on the anniversary date of employment. [Editor’s Note: Adopted February 13, 2007]
Section 9.09 Retirement – Award Bonus
The Town of
Retirement Status Retirement
Bonus
Service Retirement (Unreduced
Benefits) $1,000.00
Early Retirement (Reduced
Benefits) $500.00
Retirement status (service or
early) will be defined and determined by the North Carolina Retirement System
guidelines. [Editor’s
Note: Adopted February 13, 2007]
ARTICLE X
INSURANCE AND RETIREMENT BENEFITS
Section 10.01 Insurance
Benefits
The Town offers group hospitalization and major medical insurance, life and accidental death insurance, dental insurance, and a separate death benefit, which is offered through the North Carolina Local Government Employees’ Retirement System. The Town may make other group insurance plans available for its employees upon authorization of the Town Council.
Section 10.02 Unemployment
Insurance
In accordance with North Carolina General Statutes, local governments have been covered by unemployment insurance since January 1, 1978. Town employees who are laid off or released from the Town service may apply for unemployment compensation through the local office of the North Carolina Employment Security Commission.
Section 10.03 Social Security
and Medicare Contributions
In accordance with federal law, employees are required to contribute, through payroll deduction, to the federal social security and medicare programs at rates set by the federal government.
Section 10.04 Retirement
Benefits
In addition to social security benefits, the Town provides retirement benefits for its employees through the North Carolina Local Governmental Employees’ Retirement System and 401(k) at a percentage of salary determined each year during the budgetary process not to exceed 5%. All employees meeting the state eligibility guidelines are required to join the NC Local Government Employees’ Retirement System.
Section 10.05 Law Enforcement
401K and Separation Allowance
Every sworn law enforcement officer, as defined by N.C. General Statute
§128-21(11b) or N.C. General Statute §143-166.50, shall be eligible for a
separation allowance, as provided by N.C. General Statute §143-166.42, in the
amount specified in N.C. General Statute §143-166.41(a), subject to the
following conditions:
a. The officer shall have completed 30 or more
years of creditable service, or have attained 55 years of age and completed
five or more years of creditable service and
b. Not have attained 62 years of age;
c. Have completed at least five years of
continuous service as a law enforcement officer immediately preceding a service
retirement, as defined by N.C. General Statute §143-166.41(a)(3) and
143-166.41(b); and
d. The law enforcement officer, after separation
from employment with the Town notifies the Town of any new employment,
including the nature and extent of the employment, any change of employment
status, and any discontinuation of employment within five (5) days of the new
employment, change, or discontinuation.
Separation allowance will be paid per state statute with the Town’s
most regular payroll. Such allowance shall terminate at death or on the last
day of the month in which the officer attains 62 years of age, or upon the
first day of reemployment by State or local law enforcement department, agency
or institution, whether in
The Town makes contributions to a 401(k) plan for active law
enforcement officer in accordance with N.C. General Statute §143-166.50(e).
Section 10.06 Workers’
Compensation
All employees are covered with
workers’ compensation insurance as required by the General Statutes of
All work-related injuries need to be reported even if the employee is
not seeking treatment. Treat all
injuries as if the employee is filing a workers compensation claim. An employee may file a claim up to two years
after the injury with workers compensation therefore it is important that all
injuries be documented correctly.
If an injury occurs
the following should be documented by the Department Head:
a. Date of injury
b. Hour of the day injury happened
c. Date you knew of the injury
d. How the injury happened and what the employee
was doing to become injured
e. Body part(s) injured and the actual injury
f.
Date and
time employee returned to work
g. Was the employee treated by a physician?
h. Where was the employee treated? Was it an ER visit and did they have to stay
overnight?
Section 10.07
Health-Dental-Life Insurance for Retired Employees
Town of
a. Under ten (10) years of continuous service - insurance benefits available through COBRA for 18 months at the employee’s expense.
b. Ten (10) years or more of continuous service - health insurance benefits available at the current premium rate via a Town supplement. The amount of this supplement shall be determined on an annual basis as part of the health/dental/life insurance renewal and budget process, and shall never be more than 100% of the active employee individual premium.
c. Retirees will be carried on the same insurance plan as active employees. Coverage will be available only to those dependents of the member covered on the day immediately preceding the date of retirement. Retirees are responsible for paying any balance of the premium after the supplement has been applied, and are responsible for 100% of any premium to cover eligible dependents. A spouse or dependent that is still covered when the retiree turns age sixty-five (65) or otherwise becomes entitled to Medicare will be eligible to continue coverage for up to thirty-six (36) months under the COBRA law.
d. Insurance coverage will only be extended to retirees until they reach age 65 or until they are eligible to receive Medicare under Title XVIII (Medicare of the Social Security Act), whichever occurs first. Retirees are required to notify the Town of any such change in status.
e. On the last day of the month in which the retiree turns 65 or through the first day of the month in which the retiree is eligible for Medicare, whichever comes first, the coverage will be terminated and the Town will no longer be responsible for providing health/dental/life insurance for the retiree. Retirees are required to notify the Town of any such change in status.
f. If, after retirement, a retiree is re-employed by any employer in a capacity that they receive health insurance benefits, the Town will no longer be responsible for providing coverage. After insurance coverage is terminated, the Town is under no obligation to renew the coverage. In addition, any retiree who fails to pay any applicable fees on or before the date due shall be terminated from coverage.
The benefits provided under this section are not intended to be contractual in nature. The Town retains the right to modify these benefits, including amendments and termination, if it deems such modification to be necessary.
Editor’s Note: This
policy is effective upon adoption. (Adopted on March 24, 2005)
ARTICLE XI
LEAVES OF ABSENCE
Section 11.01 Holidays
The following days, and such other days as the Town Council may designate, are holidays with pay for probationary and regular full-time employees:
New Year’s Day (January 1)
Good Friday (Friday before Easter)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Thanksgiving Day and the Day After Thanksgiving (Fourth Thursday in November)
Christmas (December 25) -- see schedule listed below
When Christmas Day falls on: The Town will observe:
Sunday Friday and Monday
Monday Monday and Tuesday
Tuesday Monday, Tuesday, Wednesday
Wednesday Tuesday, Wednesday, Thursday
Thursday Wednesday, Thursday, Friday
Friday Thursday and Friday
Saturday Friday and Monday
When a holiday, other than Christmas Day, falls on a Saturday, the Town will generally observe the holiday on the preceding Friday; and when a holidays falls on a Sunday, the Town will generally observe the holiday on the following Monday. However, the Town Manager may designate a different day in order to be consistent with the schedule observed by the state, federal, or other local governments.
Section 11.02 When Work Is Required
A full-time employee required to work on any of the above holidays
shall receive holiday pay of eight hours, plus regular pay for the hours actually
worked.
Section 11.03 Effect of
If a holiday occurs during a period when an employee is on vacation leave, sick leave, or other paid leave of absence, the employee will receive holiday pay for that holiday; and such pay will not be charged to sick leave, vacation leave, etc. for that employee.
Section 11.04 Vacation Leave
All probationary and regular full-time employees, working a basic workweek of 40 hours, will earn vacation leave in accordance with the following schedule:
Years
of Completed Service Hours
Earned Per Month Hours
(Days) Earned Per Year
Less Than Six Years 6.667 Hours Per Month 80 Hours (10 Days) Per
Year
Six
Years, But Less Than Ten 8.0 Hours Per Month 96 Hours (12 Days)
Per Year
Ten
Years, But Less Than Fifteen 10.0
Hours Per Month 120
Hours (15 Days) Per Year
Fifteen
Years, But Less Than Twenty 12.0
Hours Per Month 144
Hours (18 Days) Per Year
Twenty
Years and Over 13.333
Hours Per Month 160
Hours (20 Days) Per Year
A regular, full-time employee, working an average workweek of less than 40 hours, will receive vacation leave on a pro-rata basis.
Vacation leave may be accumulated to a maximum of 160 hours
(20 days). At the end of each benefit year, effective with the Fair Labor
Standards cycle ending on or before January 15, any Town employees with accrued
annual vacation leave in excess of twenty (20) days or one-hundred sixty (160)
hours will have this leave converted to sick leave and/or forfeited. This
converted sick leave shall be used in the same manner as accrued sick leave and
may be used for authorized sick leave purposes. (Editor's Note: Adopted on February 8, 2005)
Requests for vacation leave should be submitted to the appropriate Department Head at least seven calendar days prior to the use of such leave, except that this provision may be waived by the Department Head where there are extenuating circumstances. Except in emergency circumstances, no vacation leave may be taken without the advance approval of the Department Head.
Use of vacation leave within a particular department is to be managed by the Department Head so that adequate coverage is provided for essential Town services. The Department Head will determine the minimum manning levels required to cover those essential services, and will schedule vacation leave so that those minimum manning levels are maintained. It is recognized that, because of the seasonal nature of some Town services, minimum manning levels may vary throughout the year. Vacation leave, even where previously approved, may be canceled by the Department Head without prior notice where essential Town services may otherwise be seriously impacted.
Because there may occasionally be competition among the employees within a department for the choice vacation days (for example, around holidays, school vacations, or hunting season), the Town reserves the right to implement a system whereby each employee will have a reasonable opportunity to use some choice vacation days. A Department Head may require that employees submit their vacation preferences prior to January 31st of each calendar year. Those vacation preferences will generally be approved on a seniority basis, subject to minimum manning requirements. Provided, however, that a maximum of 10 days of vacation per employee will be approved through this process, so that each employee will have a reasonable opportunity to schedule some choice days. After each employee has had an opportunity to pre-schedule vacation days through the seniority process, other days may be scheduled on a first-come, first served basis.
Payment Upon Separation
Upon separation from Town service, an employee will receive payment for all accumulated vacation leave up to a maximum of 160 hours (20 days). However, employees who do not give proper notice upon resignation (four weeks for Department Heads; two weeks for other employees) will not be entitled to receive accumulated vacation leave pay. The Town Manager may waive the notice requirement. Employees who are involuntarily separated after six months of employment will be paid for accrued vacation leave.
Payment Upon Death
When an employee dies while employed by the Town, the Town will pay the beneficiary named for NC State Retirement System for all accumulated vacation leave up to a maximum of 160 hours (20 days) credited to the employee.
Section 11.05 Sick Leave
Probationary and regular full-time employees will earn sick leave at the rate of eight hours for each completed month of service. Sick leave can be accumulated without limit. One month of retirement credit is allowed for each 160 hours (20 days) of sick leave that an employee has accumulated in his or her account at the time of retirement, if the employee is a member of the North Carolina Local Government Employee’s Retirement System. The maximum number of days that can be added at retirement is 10 days for each year of membership service and prior service credited to the employee.
Sick leave with pay is not a right that an employee may use without restriction, but is a privilege and benefit granted by the Town to assist in the continuation of wages when an employee is sick. Sick leave may be used for an absence due to:
a. An illness, bodily injury, other physical condition resulting in temporary disability;
b. Exposure to a contagious disease whereby continued work might jeopardize the health of others;
c. Medical, dental, or optical examination or treatment; (Use of sick leave for such examinations and treatment shall be limited to the actual hours necessary for such examinations and treatment, including reasonable travel time)
d. For attending to or assisting with the illness or injury of a spouse or child, which requires the employee’s personal care and attendance.
Sick leave for medical, dental, or optical examinations will be allowed where the employee gives the Department Head at least 24 hours notice of said appointment, where reasonable and possible, and there is no work scheduled for that time for which the employee’s attendance is a necessity. Even where the employee’s attendance is a necessity, sick leave will still be granted upon the condition that the employee, upon returning to work, furnishes the supervisor with documentation from the attending physician that delaying such appointment would have been injurious to the employee’s health (or the health of the spouse or child of the employee).
Any employee, who must be away from work on legitimate sick leave, other than for a medical appointment or examination, must report that fact to the appropriate Department Head 30 minutes in advance of shift start on the first day of the absence and on each successive day of the absence thereafter, unless this requirement is waived by the Department Head. Failure to report as required will result in that day of absence being recorded as an absence without leave unless the employee can provide documentation to the satisfaction of the Department Head that circumstances beyond the employee’s control prevented him or her from reporting.
Any request for sick leave covering three or more consecutive workdays must be accompanied by documentation from a licensed physician confirming the illness. However, a Department Head may require a physician’s certification at any time when there is evidence of excessive absenteeism and/or a suspicion of an abuse of sick leave privileges, and may require that the certification be from a Town-designated physician. Failure to provide certification in these situations may result in the absence being recorded as an absence without leave, and may subject the employee to disciplinary action.
An employee, who is on sick leave because of his or her illness or because of the illness or injury of a member of the employee’s family, is expected to remain at home during the period of such leave except for necessary visits to a doctor, drugstore, and/or hospital. Failure to abide by the provisions of this paragraph may result in the absence being recorded as an absence without leave.
Section 11.06 Extension of Sick Leave Credits
The Town Manager may advance sick leave to an employee who has exhausted sick leave because of a major operation or illness. This advance may not exceed the amount an employee can earn over the next 12 calendar months. At the time of the employee’s separation, any sick leave owed the Town will be deducted from the employee’s final compensation.
A probationary or regular full-time employee, who has exhausted all sick leave, compensatory time, and annual leave, may make application to the Town Manager for extended sick leave. In reviewing the application, the Town Manager shall consider the following:
a. The nature of the employee’s condition;
b. The expected date on which the employee may return and perform regular work duties;
c. Whether the employee’s medical disability is chronic in nature;
d. The employee’s past record of sick leave usage, and whether that sick leave usage has been excessive; and,
e. The impact of the employee’s continued absence on the department to which the employee is assigned; and the impact on public health and safety.
In addition to the above considerations, the Town Manager shall have the right to deny the application for extended sick leave where:
a. The job responsibilities of the employee are such that to grant the extended leave would have a significant adverse effect on the daily operations of the department to which the employee is assigned; or,
b. The employee’s job responsibilities are directly related to public health or safety, and extended leave would have an adverse effect on public health and safety; or,
c. There are no readily available personnel to assume the employee’s duties on a temporary basis during the extended leave.
The Town Manager may grant extended sick leave not to exceed 48 workdays. The Manager may require verification from the employee’s attending physician as to the continuing nature of the medical condition in order to continue the benefits under this policy.
An employee who receives extended sick leave shall, upon returning to work, have the amount of such extended leave deducted from accrued sick leave, compensatory time, and annual leave. The deduction shall be at one-half of the rate at which the employee would otherwise accrue such sick leave, compensatory time, and annual leave, until the balance of extended sick leave is reduced to zero.
Section 11.07 Voluntary
Shared Leave Program
There are times that, because of serious and prolonged illnesses or injuries, employees may exhaust all available leave and be placed on leave-without-pay. Employees forced to go on leave-without-pay could be without income at a most critical point in their work life. Fellow employees may voluntarily donate some of their vacation leave, sick leave, and/or compensatory leave to provide assistance to another employee, in accordance with the following procedures:
a. Medical Condition. An employee may apply for or be nominated to become a recipient of leave transferred from the account(s) of another employee to cover a prolonged illness or injury that is likely to require the employee’s absence from duty for an extended period of time. To be eligible for benefits under the shared leave program, the recipient employee must have exhausted all sick leave, compensatory time, and annual leave.
b. Intent of Program. It is the intent of this program to allow one employee to assist another in case of a crisis involving a serious or prolonged medical condition that results in exhaustion of all earned leave. It is not the intent to apply the shared leave program to incidental, normal, or short-term conditions. Benefits under the shared leave program may only be extended to the recipient employee after the recipient employee has been off work in excess of five workdays. However, once benefits have been extended to the recipient employee, those benefits may be used to cover any of the unpaid absence from work, including the first workweek lost.
c. Application or Nomination for the Shared Leave Program. A prospective recipient may make application or be nominated for the shared leave program at such time that medical evidence is available to support the need for leave beyond the employee’s available accumulated leave. Such application or nomination shall be made to the Personnel Officer and shall include the name of the prospective recipient employee, the nature of the medical condition, and the estimated length of time needed to participate in the program. Once the application has been received by the Personnel Officer, it will be reviewed with the Town Manager. The Town Manager shall have the authority to approve or disapprove participation in the program.
a. If applicable, the prospective recipient employee must sign a release form to allow his or her status to be known to other employees. The nature of the employee’s medical condition will not be made public.
d. Worker’s Compensation. An employee on Worker’s Compensation, who is drawing temporary, total disability compensation, may be eligible to participate in the shared leave program. Shared leave may be used to cover the required seven-day waiting period for Worker’s Compensation.
e.
f. Confirmation of Donation. An employee who wishes to donate leave under the shared leave program must fill out an appropriate form for the Personnel Officer. The form must include the name of the recipient employee and the number of hours to be donated. It must also include the signature of the donating employee. At the time the form is received by the Personnel Officer, the leave accounts will be adjusted accordingly.
g. Limits on Leave Hours to be Donated. An individual employee may donate vacation hours to the shared leave program, but such vacation hours may not exceed one-half of the amount that the employee would normally accrue during a single calendar year. An individual employee may also donate sick leave and/or compensatory leave hours. The minimum amount of leave to be donated is four hours.
h. Effective Date. Leave transferred under the shared leave program will be available for use on a current basis or may be retroactive for up to 30 calendar days to substitute for leave-without-pay or advanced vacation or sick leave already granted to the leave recipient.
i. Limit on Hours. Participation in the shared leave program is limited to 560 hours (14 weeks), either continuously or, if for the same condition, on a recurring basis. However, the Town Manager may authorize extended participation, on a month-by-month basis, if shared leave credits still exist in the recipient employee’s account, and if the Town Manager would have otherwise approved leave-without-pay for that period of time.
j. Verification of Medical Condition. The Town may require verification from the recipient employee’s attending physician as to the continuing nature of the medical condition in order to continue the benefits under the shared leave program.
k. Expiration of Medical Condition. At the expiration of the medical condition, any unused leave in the recipient’s donated leave account will be treated as follows:
1. The account balance(s) for the recipient employee may not exceed 40 hours total.
2. Any additional unused, donated leave beyond 40 hours will be returned to the donors on a pro-rata basis, and credited to the leave accounts from which the hours were donated. Fractions of an hour will not be returned to the individual donor.
l. Employee Coercion. An employee may not directly or indirectly intimidate, threaten, or coerce another employee with respect to participation in the shared leave program. Such action by an employee will be grounds for appropriate disciplinary action, up to and including dismissal, for discourteous treatment of other employees.
m. Appeal Procedure. Employees, whose participation in the shared leave program is not approved, may appeal the decision through the Town grievance procedure.
n. Separation from Town Service. If a recipient employee separates from Town service, participation in the shared leave program will end effective with the date of separation. Unused, donated leave will be returned to the donor employees on a pro-rata basis.
Section 11.08 Maternity Leave
In accordance with the Town’s policy on equal employment opportunity, employees will not be penalized in employment because they require time away from work due to temporary disabilities resulting from pregnancy, child birth, or miscarriage. All such disabilities will be treated in the same manner as other personal disabilities for the purposes of using sick leave. In addition, leave without pay is also available to employees in accordance with the provisions of Section 11.15 (Leave Without Pay) during the period before and after childbirth even when the period of actual disability (as determined by a physician) has not begun or has ended. Any employee may use accumulated vacation leave or compensatory time before going on leave without pay.
Maternity leave shall normally continue for a period not to exceed sixty calendar days, unless extended by the Town Manager because of extenuating circumstances. An employee on maternity leave will be entitled to the following:
a. Maternity Leave With Pay -- The employee may use her accumulated sick leave during her period of physical disability, as certified by her attending physician(s). The employee may also use accumulated vacation credits or compensatory time while on maternity leave.
b. Maternity Leave Without Pay -- The remainder of the maternity period shall consist of leave without pay, which shall only be available after all vacation and compensatory time hours have been exhausted.
The employee must submit written notice of her intention to take maternity leave two (2) months in advance to her Department Head and the Town Manager. Notification shall include the types of leave requested and the approximate dates and duration of the leave.
An employee who returns to work at the end of the maternity period will be assigned to the same position, or to one of the same pay grade. Failure to return to work at the expiration of a leave of absence, unless an extension has been requested and approved will be considered a resignation.
Section 11.09 Family Leave
Subject to the approval of the Town Manager, any probationary or regular full-time employee may receive a leave of absence without pay for up to a maximum of 30 calendar days for one or more of the following reasons:
a. The birth of a son or daughter of the employee, in order to care for such son or daughter;
b. The placement of a son or daughter with the employee for adoption or foster care;
Section 11.10 Bereavement
Leave
Any probationary or regular full-time employee of the Town may receive up to three 8 hour days of paid leave, not deducted from accumulated sick leave or vacation hours, to attend the funeral of a member of the employee’s immediate family as defined below. Any probationary or regular full-time employee of the Town may receive one 8 hour day of paid leave, not deducted from accumulated sick leave or vacation hours, to attend the funeral of family members not defined below as immediate family with prior approval of the Town Manager and Department Head.
For the purpose of this section, “immediate family” is defined as “spouse, mother, father, guardian, child, sister, brother, grandparent, grandchild, plus the various combinations of half-, step-, in-law, and adopted relationships that can be derived by those named. The terms shall also include other members of the employee’s immediate family residing in the employee’s household.
In the event of multiple deaths in the employee’s immediate family, each death will be treated separately and the bereavement leave will be granted accordingly. Weekends are counted in the days allowed.
If more than the allotted number of days is required, or if leave is desired for a death other than the relatives, annual leave or compensatory time must be taken.
Section 11.11 Injury Leave
An employee who suffers an injury arising out of and in the course of his or her employment with the Town may elect one of the following courses of action:
a. Apply for workers’ compensation pay only;
b. Use sick leave, vacation leave, and leave without pay in lieu of worker’s compensation;
c. Apply for workers’ compensation pay and receive from the Town the difference between the compensation payment and the regular salary. That difference will be deducted from accumulated sick leave, vacation leave, and/or compensatory leave hours.
Temporary and part-time employees will go directly to a leave without pay status and will receive all benefits for which they may be determined to be eligible under the Workers’ Compensation Act.
Section 11.12 Military Leave
Regular employees who are members of the National Guard or the Armed Forces Reserve will be allowed up to two calendar weeks of military training per year. The employee will be paid his or her regular hourly rate, less the amount paid to him or her for the military training by the armed forces. The paid leave will not affect the right of the employee to his or her regular annual vacation.
If the required military duty goes beyond the two calendar weeks, the employee will be eligible to take accumulated vacation leave or compensatory time, or be placed in a leave-without-pay status. The Town will follow the rules and regulations set forth in the Uniformed Services Employment and Reemployment Rights Act.
Regular employees who are guardmembers or reservists have all job rights specified in the Veteran’s Readjustment Assistance Act.
Section 11.13 Civil Leave
An employee’s absence from work for jury duty or for attending court in a non-official capacity as a witness is defined as civil leave. When an employee attends court in connection with official duties, no leave is required.
An employee called for jury duty will be entitled to civil leave with pay for such duty during the required absence. Before this leave is granted, the employee must submit a copy of the official summons for the jury duty to the Department Head prior to the beginning date of such service. An employee appearing in court either as a defendant or plaintiff will not be eligible for this leave.
An employee may keep fees and travel allowances received for jury in addition to his regular compensation, except that the employee must turn over to the Town any witness fees or travel allowances awarded by a court for court appearances in connection with the employee’s official duties.
Section 11.14 Educational
Leave With Pay
A leave of absence at full or partial pay during regular working hours may be granted to an employee, upon the recommendation of the Department Head and with the approval of the Town Manager, to permit an employee to take courses of study that will better prepare the employee to perform assigned duties. The Town may reimburse the employee for course fees in accordance with Section 9.06, Tuition Reimbursement.
Section 11.15 Continuation of
Benefits
A regular employee, on leave with pay, is in an active pay status. Therefore, the employee will continue to accrue vacation and sick leave benefits, be entitled to holidays, be eligible for merit increments or time-in-service pay increases, and be eligible to receive the benefits under the Town’s group insurance plans.
Section 11.16 Leave Without
Pay
Temporary leaves of absence without pay may be granted by the Town Manager to regular employees for personal or family emergencies, for personal or family disability, for continuation of education, or for special work or experiences that will allow the Town to benefit from the experience gained or the work performed.
The employee should apply for the leave of absence through his or her Department Head. The request, if approved by the Town Manager, will granted for a specific period of time, as determined to be appropriate by the Town Manager. The employee is obligated to return to duty within or at the end of that time. Upon returning to duty, after being on leave without pay, the employee will be assigned to the same position, or to one of the same pay grade. Failure to return to work at the end of a leave of absence unless an extension has been requested and approved will be considered a resignation.
At the discretion of the Town Manager, the employee may be required to use all accumulated vacation leave and/or compensatory leave prior to being placed on leave without pay. If an employee desires to go on leave without pay for reasons of personal disability, the employee may be permitted to use accumulated sick leave first, except when drawing Workers’ Compensation payments. A physician shall indicate in writing when the period of disability actually begins and ends.
An employee on leave without pay will not accrue sick leave or vacation benefits while on such leave. The continuation of health and life insurance benefits will be at the discretion of the Town Manager. If the Manager determines that the benefits will not be continued, the employee at his or her option may continue the insurance benefits by paying the appropriate premiums, subject to any regulations of the applicable insurance companies.
Section 11.17 Leave – Order of Use
When an employee is out on leave (vacation, sick or other) compensatory time must be used before any other time can be applied. Once all comp time is applied other accrued time may be used. This assist in compliance with FLSA requirements that compensatory time be used within 30 days of accrual.
SEPARATION, DISCIPLINARY ACTIONS, AND REINSTATEMENT
Section 12.01 Separation From
Town Employment
When an employee is no longer employed by the Town such action is referred to as a “separation”. All separations of employees from positions in the service of the Town will be designated as one of the following types: resignation, reduction in force, disability, retirement, death, or dismissal.
The following procedures will apply to the different types of separation:
1. Resignation: A resignation is an employee’s voluntary separation from employment. A resignation is to be submitted, in writing, to the appropriate Department Head; or in the case of a resigning Department Head, to the Town Manager. The letter of resignation should state the basis for the resignation as well as the effective date of the resignation.
A minimum of two weeks’ notice is expected from all resigning employees, and four weeks’ notice is expected from resigning Department Heads. Employees who do not give proper notice will not be paid for their accumulated vacation balance.
An employee, who is absent without leave for three consecutive workdays, shall be deemed to have resigned his or her position.
2. Reduction in Force: Any position with the Town may be reduced in hours or eliminated in its entirety if determined the reduction is necessary:
a. budget considerations or limitations;
b. reduction in expenditures;
c. promotion of efficiency; or,
d. position is no longer needed.
In the event that a reduction in force becomes necessary, consideration will be given to the needs of the Town, each employee’s past performance, and seniority, in that order, in determining those employees to be retained. Except in a case of fiscal emergency, an employee who is laid off because of a reduction in force will be given at least 90 days’ notice of the anticipated layoff.
No regular employee will be separated while there are temporary employees serving in the same class in the department, unless the regular employee is unwilling to transfer to the position held by the temporary employee(s).
3. Disability: An employee may be separated for disability when the employee, regardless of any reasonable accommodations that the Town may be able to make, cannot perform the required duties of his or her position because of a physical or mental impairment. Action may be initiated by the employee or the Town, but it shall be supported by medical evidence as certified by a licensed physician. The Town may require an examination at its expense and performed by a physician of its choice. Before an employee is separated for disability, a reasonable effort will be made to locate alternative positions within the Town’s service for which the employee may be suited.
4. Retirement (Full/Reduced): An employee who meets the conditions set forth under the provisions of the North Carolina Local Government Employee’s Retirement System may elect to retire and receive all benefits earned under the retirement plan.
5. Death: All compensation due in accordance with Section 11.04, for accumulated and unused vacation leave, will be paid to the designated beneficiary or estate of a deceased employee. The date of death will be recorded as the separation date for the purpose of computing the compensation that is due.
6. Dismissal: If the Town Manager determines that a dismissal action is appropriate, the dismissal will be effective as of the date designated by the Town Manager. A written summary outlining the circumstances and facts leading up to the dismissal will be prepared. A copy of the summary will be placed in the employee’s personnel file.
Section 12.02 Disciplinary
Illustrations
An employee may be disciplined by a Department Head, subject to the approval of the Town Manager where appropriate, because of a failure in the performance of job duties or a failure in personal conduct. The following are examples of performance or conduct that could lead to disciplinary action.
a. Failure
in the Performance of Duties
1. Failure to follow, obey, or comply with the orders, directions, or instructions of a supervisor, Department Head, or the Town Manager.
2. Unexcused or unauthorized absence or failure to report for work without giving proper notice, unless the employee can provide documentation to the satisfaction of the Department Head that circumstance beyond the employee’s control prevented him or her from reporting. (An employee absent from duty without authorization or notice for three consecutive workdays will be deemed to have automatically terminated his or her employment as of the last day of active service.)
3. Habitual or excessive absenteeism.
4. Abuse or fraudulent use of approved leaves such as sick leave, bereavement leave, or other similar leave.
5. Failure to start work at the designated time, quitting work before the proper time, or leaving work during working hours without permission from the appropriate Department Head.
6. Inefficiency, incompetence, or negligence in the performance of duties, including the failure to perform assigned tasks or training, or the failure to discharge duties in a prompt, courteous, and reasonable manner.
7. Refusal or inability to improve job performance in accordance with written or verbal directions after a reasonable period.
8. Suspension of driver’s license where job duties require driving.
9. Careless, negligent, or improper use of Town property, equipment, or funds, including the unauthorized removal or use for private purposes.
10. Violation or neglect of safety rules; or willful or negligent acts that would endanger the lives and/or property of others.
11. Physical or mental incapacity to perform duties, even with reasonable accommodations by the Town.
12. Inability to get along with fellow employees or supervisors so that work is hindered or does not meet required standards.
13. Any other offenses of a similar magnitude.
b.
Failure in Personal Conduct
1. Material violation of the laws of the United States, the State of North Carolina, or the Town of Blowing Rock, including the Town ordinances, these policies and procedures, or departmental policies and procedures.
2. Falsification, misstatement, exaggeration, or concealment of any material fact in connection with employment, promotion, any record, investigation, or other proper proceeding.
3. Permitting any unauthorized person to enter or ride in a Town vehicle without express authorization from a Department Head unless such action is taken in the interest of the health, safety, and welfare of the citizens.
4. Sleeping, resting with eyes closed, or lying down during working hours.
5. Disorderly conduct; assaulting, fighting, threatening, intimidating, coercing, or harassing employees, supervisors, any Town official, or the public.
6. Use of insulting, abusive, profane, or obscene language toward or about other personnel, supervisors, Town officials, or the public.
7. Making malicious, false, or derogatory statements that may damage the integrity of the Town or its employees.
8. Immoral, indecent, or other conduct unbecoming an employee that would adversely affect the employee’s performance of duties or the public’s confidence in that employee’s performance of duties.
9. Conviction of a felony or misdemeanor, or the entry of a plea of “no contest” to either, that would adversely affect the employee’s performance of duties or the public’s confidence in that employee’s performance of duties.
10. Participation in any strike, slowdown, picketing (so as to encourage other employees not to work) or any other job action that interferes with or impedes the operation of the Town.
11. Unauthorized disclosure or personal use of privileged or confidential information.
12. Engaging in personal activities during working hours.
13. Dishonesty; theft or embezzlement; or acceptance of gifts in exchange for “favors” or “influence”.
14. Receipt of citations for traffic violations while operating a Town vehicle or while on official Town business.
15. Unauthorized possession of weapons.
16. Engaging in sexual harassment.
17. Any act or conduct that is discriminatory in nature toward another person’s race, creed, color, national origin, sex, age, religious beliefs, political affiliation, or handicap.
18. Incompatible outside employment or conflict of interest.
19. Violation of political activity restrictions.
20. Any other offenses of a similar magnitude.
Section 12.03 Types of
Disciplinary Action
The Town of
All of the above disciplinary actions, with the exception of a verbal reprimand, are appealable through the grievance procedure.
Guidelines to be used by a Department Head and the Town Manager in taking disciplinary action are set forth in the next section. The severity of the discipline should fit the seriousness of the offense. If there are mitigating circumstances, the severity of the disciplinary action may be reduced, but the reasons for such mitigation must be documented.
Section 12.04 Disciplinary
Guidelines
In determining appropriate disciplinary action, Department Heads should take all facts and circumstances into consideration, including but not limited to, the following:
a. Whether the acts involved intentional misconduct or reckless disregard for Town rules and regulations or safety.
b. The employee’s length of service and prior job performance.
c. Whether actual harm resulted from the particular incident, and the severity of that harm.
d. Whether actual monetary loss was suffered because of the particular incident, and the severity of that monetary loss.
e. Whether an ordinance or statute has been violated, even if no charges have been filed.
Section 12.05 Verbal
Reprimand
A verbal reprimand is a discussion between a supervisor and an employee, during which the employee is advised and cautioned about unsatisfactory work performance or misconduct.
Verbal reprimands are typically given for first offenses which are less severe in nature, but which require correction in the interest of maintaining a productive and well-managed work force. Verbal reprimands should not be used for repeat offenses or where the offense involves insubordination, safety, dishonesty, law violations, injuries or other harm to persons or property, or other serious offenses.
Section 12.06 Written
Reprimand
A written reprimand is a letter or memorandum to an employee from a supervisor, in which the employee is advised and cautioned about unsatisfactory work performance or misconduct.
Written reprimands are typically given for offenses of a less severe nature, but which require correction in the interest of maintaining a productive and well-managed work force. Examples include offenses such as (a) those which would normally rate a verbal reprimand, except that the employee has failed to take corrective action following a specific verbal reprimand or has had repeated verbal reprimands; (b) when an employee’s overall work performance has decreased to an unsatisfactory level; (c) safety violations that are the result of carelessness, but not willful or malicious conduct, and which have resulted only in minor property damage, injuries, or lost time.
Examples include (a) unsatisfactory attendance or tardiness; (b) abuse of working time, such as unauthorized time away from the work area; (c) discourteous, obscene, or abusive language; (d) a moving traffic violation while using Town or other public-use vehicles, not involving reckless driving or intoxicants, or willful misconduct; or (e) other offenses of a similar nature.
Written reprimands are usually not appropriate where an offense involves dishonesty, willful or malicious conduct, major rule violations, or a violation of the laws which are reasonably related to the employment.
Section 12.07 Disciplinary Probation
Disciplinary probation is where an employee is placed on notice that, unless the employee’s performance improves within a specified period of time, further disciplinary action may be imposed without additional offenses being committed. Disciplinary probation will be for a specified term of days, not to exceed 90 days. Disciplinary probation may be used in conjunction with any other disciplinary action other than a verbal reprimand.
Section 12.08 Withholding
Merit Increase
Withholding merit increase is where an employee is placed on notice that he or she will be ineligible to receive any merit increase for the time period stipulated in the notice. That time period shall be a specific number of days or months, not to exceed 12 calendar months. It will be used to correct unsatisfactory work performance of a general nature or specific acts of misconduct. It can be used alone or in conjunction with any other disciplinary action, other than a verbal reprimand.
Section 12.09 Suspension
Suspension is a situation where an employee is relieved of his or her job duties for a specific period of time, is prohibited from performing those duties, and does not receive pay for that period of time.
Suspensions will normally be given where there are repeated infractions for which verbal and written reprimands have been given, or on a first offense where (a) there are safety violations that are the result of carelessness, and not willful or malicious conduct, but which result in significant injuries, property damage, or expense to the Town or others; (b) there is a serious infraction of rules or regulations; (c) unsatisfactory work performance or misconduct continues after verbal or written reprimands have been imposed.
The following are examples, for guidance only, of activities that will normally be expected to result in a suspension for a first offense: (a) gross insubordination; (b) willful or ongoing failure to follow a supervisor’s instructions, perform assigned work, or otherwise comply with applicable established policies; (c) leaving work without proper notice to the Department Head; (d) unauthorized use or misuse of Town property, equipment, or records; (e) sexual harassment of a fellow employee where there is no supervisor/subordinate relationship involved; or (f) other offenses of a similar nature.
Where an employee has committed an offense that would normally warrant dismissal, but mitigating factors support a decision to retain an employee in spite of such actions, a suspension may be imposed. However, an explanation of the mitigating reasons must be included in the record related to the disciplinary action.
Section 12.10 Special Suspension Provisions
An employee may be suspended immediately from his or her position if
the employee’s continued presence on the job is deemed to be a substantial and
immediate threat to the welfare of the Town, its employees, or the public; or
where such continued presence could constitute negligence in regard to the
Town’s duties to the public or other Town employees. An immediate suspension will not normally
exceed 10 working days in length, but may be continued, as necessary, until
there is a final disposition in the matter.
If the employee is eventually cleared of any such alleged violations or
wrongdoing, the employee will be reinstated and paid for the period of
suspension. If the Town decides that
disciplinary action involving suspension is warranted, any period of suspension
pending the completion of the investigation will be a credit toward the period
of disciplinary suspension.
An immediate suspension will also be warranted where there is a
criminal prosecution or official investigation involving alleged criminal
violations that occurred on or off the job, and are plainly related to job
performance or of such a nature that to continue the employee in the assigned
position would constitute negligence in regard to the Town’s duties to the
public or to other Town employees. Upon
completion of such court action or official investigation, the employee may be
disciplined or dismissed, or may be reinstated with full or partial back pay as
the Department Head, subject to the approval of the Town Manager, determines to
be appropriate under the circumstances, provided that the action must be based
on stated findings and must be consistent with the guidelines of this
policy. The Department Head, in
determining the appropriate action, shall not be bound by the outcome of the
court action or official investigation, but may refer to such outcome and the
findings in making a final decision.
An immediate suspension, in accordance with the provisions of this
section, may be imposed by a Department Head, subject to the approval of the
Town Manager. Where the suspension must
be imposed at a time other than normal business hours, the Town Manager may be
notified and consulted at the beginning of the next workday.
Section 12.11 Administrative
Leave
Administrative leave is where an employee is relieved of his or her job regular duties for a specific period of time, but continues to receive pay for those duties. Administrative leave is normally used in situations where the Town needs time to investigate the allegations of misconduct, but the allegations, if true, would clearly undermine the employee’s ability to continue in his or her assigned position.
Nothing contained in Sections 12.09 or 12.10 shall restrict the right of the Town to place an employee on administrative leave (with pay) pending the outcome of an internal investigation or other proceeding.
Section 12.12 Demotion
A demotion is an involuntary reduction in the assigned duties, classification, and pay range for an employee in conjunction with disciplinary action.
Disciplinary demotions can occur as an intermediate discipline or as an alternative to termination in serious offenses. They may also be used whenever an employee’s personnel record indicates an inability to perform his or her present duties, but the employee has the ability to perform duties of a less-responsive nature. A demotion shall not be used as a disciplinary action if the employee involved cannot qualify for the lower rate position, if the demotion would require displacement of another employee, or if the demotion would require the Town to hire another person to replace the demoted employee, thereby increasing the number of Town positions. Suspension or dismissal should be used in such cases.
Section 12.13 Dismissal
Dismissal is the involuntary separation of an employee from Town employment that is initiated by the Town as a result of the employee’s unsatisfactory work performance or misconduct.
An employee may be dismissed for actions or behaviors of such a serious nature that the first occurrence or offense is significant enough to warrant termination, or for unsatisfactory performance or misconduct of a less serious nature that has continued after discipline has been imposed for prior work performance or misconduct. Examples of performance or misconduct where dismissal may be justified: (a) unauthorized absence for three consecutive work days; (b) violation of the Town’s policy on alcohol, intoxicants, and controlled substances; (c) falsification of any Town records, such as vouchers, reports, insurance claims, time records, leave records, employment records, or other official Town records; (d) negligent damaging or defacing Town records, Town property, or employee property; (e) theft or unauthorized removal of Town records, Town property, or employee property; (f) acts of physical violence or fighting; (g) engaging in sexual activities while on the job or on Town property; (h) violation of a safety rule where there is a threat to life or serious bodily injury; (I) sleeping during working hours; (j) participating in any type of work slow down, sit down, or other action to interfere with Town operations; (k) unauthorized use or possession of firearms, dangerous weapons, or explosives; (l) threatening or coercing employee or members of the public; (m) criminal convictions or acts of conduct which constitute criminal acts (regardless of whether there is a conviction); (n) sexual harassment by a Department Head or other supervisor; (o) failure to follow a supervisor’s instructions when such failure poses critical problems for departmental operations; or (p) other offenses of a similar nature.
Section 12.14 Standard
Procedures for Imposing Discipline
Discipline should be carried out through the employee’s department to the extent reasonably possible.
When a supervisor learns of an alleged offense, either by direct observation or by indirect means, an initial evaluation should be made as to whether the offense is minor, serious, and/or criminal.
If the alleged offense is minor in nature, and would merit only a verbal reprimand if true, then the Department Head (or other supervisor) should follow the following procedure:
a. The Department Head should meet with the employee as soon as possible after the occurrence of the offense, during the employee’s normal working hours.
b. The Department Head should describe the facts, as known to him or her, and give the employee an opportunity to correct any misunderstanding as to facts or to offer any explanations.
c. If the Department Head determines that an offense has taken place, the Department Head should advise the employee of the need for correction as well as the appropriate action to be taken. The employee should be advised that if the behavior and/or performance is not corrected, further disciplinary action may be forthcoming.
d. The Department Head should keep a record of the fact that a verbal reprimand was given. However, no verbal reprimand should be noted in the employee’s personnel file unless or until further disciplinary action is needed on the same or a similar offense.
On any alleged offense where a Department Head feels that the alleged offense, if true, would result in a written reprimand, suspension, demotion, dismissal, or other serious disciplinary action, the Department Head should consult with the Town Manager, unless it is clear at the outset that the maximum discipline would be a written reprimand. On a written reprimand, the Department Head may proceed in the manner set forth below, without prior consultation with the Town Manager, but should report such actions to the Manager. On any other matter where a more serious penalty would result, the Department Head should consult with the Town Manager for guidance through the disciplinary process. On these more serious matters, the Department Head should follow these guidelines:
a. When the Department Head learns of an alleged serious offense, he or she should make a preliminary investigation to gather the facts surrounding the offense.
b. Upon the conclusion of the preliminary investigation, the Department Head should afford the employee an opportunity to meet with the Department Head, preferably during the employee’s normal working hours, to discuss the results of the investigation and to offer the employee an opportunity to dispute any factual allegations or to offer any explanations or reasons why disciplinary action should not be imposed.
c. If new or conflicting information is offered by the employee, the Department Head should conduct a further investigation as may be warranted or necessary. At the conclusion of such additional investigation, another interview with the employee should be held, wherein the results of the final investigation and the proposed disciplinary action are disclosed to the employee. At this meeting, the employee should be given an opportunity to dispute any of the factual allegations or to offer any explanations or reasons why the proposed disciplinary action is not appropriate.
d. If the Department Head feels that a written reprimand is the appropriate disposition of the matter, he or she may proceed to issue the notice set forth below (paragraph h) without the prior approval of the Town Manager.
e. If the Department Head feels that suspension is the proper disposition of the matter, the Department Head may suspend the employee for a period not to exceed three days without the prior approval of the Town Manager. If suspension without pay for a longer period is the recommended action, then the approval of the Town Manager must be obtained prior to the imposition of the suspension.
f. If the Department Head determines that a reduction in pay, withholding a merit increase, demotion, or dismissal is the appropriate disposition of the matter, the Town Manager’s approval of the disciplinary action is required.
g. For any disciplinary action in which the Town Manager’s approval is requested by the Department Head, the request should be in writing and should summarize the factual allegations and the recommendations of the Department Head.
h. Upon conclusion of the interview process or upon the approval of the Town Manager of the proposed disciplinary process, a written notice of the disciplinary action should be prepared by the Department Head. In cases involving a written reprimand, the notice will be considered to be the written reprimand. The written notice should contain the following items:
1. Statement of the factual allegations upon which the disciplinary action is based.
2. Statement of the employee’s response to the allegations or other information offered by the employee. If a meeting with the employee was not possible prior to the imposition of the disciplinary action, a statement as to the reasons why a meeting could not take place.
3. Statement of the proposed disciplinary action.
4. Statement as to any disciplinary probation.
5. Statement of the employee’s right to appeal (if any) in accordance with the Town’s grievance procedure.
6. Statement as to the effective date of the disciplinary action, and a statement as to what effect, if any, an appeal under the grievance procedure will have on the effective date of the disciplinary action. The usual effective date will allow time for the grievance or appeal process to start.
i. In cases of termination, the notice should also set forth a time, prior to the effective date of the termination, and preferably during the employee’s scheduled working hours, when the Department Head will be available to the employee for any reasonable discussion desired by the employee. At the end of the discussion, the Department Head will advise the employee if any requested modification will be made. If so, the written notice will be amended accordingly, but no additional interview will be required. A copy of the written notice and any amended notice will be placed in the employee’s official personnel file.
Section 12.15 Consultation
With Town Attorney
The appropriateness of a particular disciplinary action is a management decision to be made by the Department Head and/or the Town Manager. It is appropriate and desirable for the Town Attorney to advise on the following matters:
a. Whether keeping an employee on the job could constitute negligence by the Town.
b. Whether an employee’s conduct may be protected by the Constitution, state, or general law.
c. Which procedural steps should be taken or the manner in which to take them.
d. The manner in which to conduct an investigation in a situation where later litigation is possible.
e. To review proposed notices of disciplinary actions as to form and/or content and to assist in drafting such notices.
The Town Attorney shall be contacted as soon as possible in the following circumstances:
a. Where it appears that a Town employee has caused or is materially involved in an accident resulting in death, serious injury, or major property damage.
b. Where immediate suspension without pay is imposed.
c. Where there is a strong possibility that termination of an employee may be imposed.
d. Where either the employee or a third party threatens suit.
Section 12.16 Employee Appeal
A regular employee, wishing to appeal a disciplinary action (other than a verbal reprimand, which may not be appealed), may appeal the disciplinary action in accordance with the provisions of the grievance procedure outlined in Article XIII of these policies.
Section 12.17 Reinstatement
An employee who resigns while in
good standing, or who is dismissed because of a reduction in force, may be
reinstated within one year of the date of separation, subject to the approval
of the Town Manager. An employee who
enters extended active duty with the Armed Forces of the
Section 12.18 Exit Interview Process
Upon separation from Town employment, an exit interview shall be held with Human Resources. The interview will be held during the last week of employment and will document the return of any Town property issued to the employee, the reason for leaving, counseling on continuation of fringe benefits, and final payroll computation.
ARTICLE XIII
GRIEVANCE PROCEDURE
Section 13.01 Policy and
Purpose
It is the policy of the Town to provide fair, equitable, and satisfactory working arrangements for its employees. Every effort will be made to resolve any employee complaints informally with the least amount of worry and delay. Therefore, it is the intent of this Article to provide a procedure through which all Town employees may have an opportunity to have their problems and complaints considered in a fair and reasonable manner. Whenever a disagreement occurs between an employee and his or her supervisor or Department Head, there shall be an earnest effort by both individuals to settle their differences promptly and fairly, and to work to correct the conditions that lead to the disagreement. The purposes of this policy are:
a. To provide employees with a procedure by which their complaints can be considered rapidly, fairly, and without reprisal;
b. To encourage employees to express themselves about the conditions of employment that affect them as employees.
c. To promote a better understanding of policies, practices, and procedures that affect employees.
d.
To develop in supervisors a greater sense of
responsibility in their dealings with employees.
e. To increase employees’ confidence that personnel actions taken are in accordance with established, fair, and uniform policies and procedures.
Section 13.02 Definition of
Grievance
A grievance is a complaint or dispute by an employee concerning (a) disciplinary actions of a serious nature; (b) the application or interpretation of personnel policies, rules, and regulations; (c) discrimination or harassment on the basis of race, color, creed, political affiliation, religion, age, disability, national origin, or sex; (d) alleged safety or health hazards; or (e) other complaints related to conditions of work.
Section 13.03 Matters That
Are Not Grievable
The Town retains the exclusive right to manage the affairs and operations of Town government, as authorized by its Charter and General Statutes. Accordingly, the following complaints may not be pursued through the grievance procedure:
a. Establishment and revision of wages or salaries, job descriptions, position classifications, or general benefits.
b. Work activity accepted by the employee as a condition of employment or work activity that can reasonably be expected to be a part of the job content.
c. The content of statutes, ordinances, or established personnel policies, procedures, rules, or regulations, including departmental policies and procedures.
d. Failure to promote, except where the employee can show that established promotional policies or procedures were not followed or applied fairly.
e. The methods, means, job assignments, or personnel by which work activities are to be accomplished.
f. Demotion, layoff, or dismissal from duties because of a lack of work, reduction in work force, or job abolition.
g. The hiring, promotion, transfer, assignment, reassignment, and retention of employees within the Town.
h. In emergencies, the temporary assignment of additional or different job duties; or the relief from all job duties.
Section 13.04 Grievance
Procedure
When an employee has a grievance, the steps outlined below are to be taken in an attempt to resolve the matter. The number of days indicated at each step of the grievance procedure should be considered as the maximum number of working days allowed for the presentation of and response to the grievance at that level. However, when mutually agreed upon, the time limits given below may be extended by those concerned.
An employee who uses this procedure will not be subject to any discrimination, coercion, restraint, or reprisal because of the employee’s complaint or problem.
a. Step One. An employee with a grievance must present the matter orally or in writing to the Department Head within 10 working days of its occurrence or within 10 working days of the time the employee learns of its occurrence. The grievance must specify the relief that the employee is seeking through the use of the grievance procedure.
The objective at this step is to resolve the matter informally. The Department Head should, and is encouraged to, consult with any employee or officer deemed necessary to reach a correct, impartial, and fair determination. The Department Head shall give the employee an answer as soon as possible, but within five working days.
If the grievance involves allegations of sexual harassment or other potential criminal misconduct by the Department Head, the employee may bypass this step and file his or her grievance directly with the Town Manager.
b. Step Two. If the decision is not resolved in Step One, or if the employee fails to receive an answer within the designated period provided in Step One, the employee may file the grievance in writing with the Town Manager within 10 working days. The grievance must specify the relief that the employee is seeking.
The Town Manager, or his or her designee, shall arrange a time to hear the grievance within 10 working days. The Town Manager shall consider the information presented by the employee and the Department Head, may consult with whichever sources are deemed appropriate, and render a decision in writing within five working days of the hearing.
Copies of the decision will be sent to the employee, to the Department Head, and placed in the employee’s personnel file. There shall be no appeal from the Manager’s decision.
ARTICLE XIV
Section 14.01 Personnel
Records Maintained
The purpose of this policy is to establish an official personnel file for each Town employee and to provide a procedure governing the access, dissemination, and purging of information contained within this file. The official personnel file shall be defined as the employment file containing personal information relevant to the individual’s employment by the Town. By way of illustration, but not limitation, the file shall include all necessary and relevant information related to the employee’s application, selection, positions held, performance, promotions, demotions, transfers, suspensions, other disciplinary actions, evaluations, uses of leave, salary adjustments, and termination of employment. The file shall be maintained by the Town Manager or his designee.
Section 14.02 Public
Personnel Records Defined
The following items of information on each Town employee are part of an employee’s public personnel record, as defined by North Carolina General Statutes:
a. Name.
b. Age.
c. Date of original employment or appointment to Town service.
d. Current position title.
e. Current salary.
f. Date and amount of most recent change in salary.
g. Date of most recent promotion, demotion, transfer, suspension, separation, or other change in position classification.
h. Office or department to which the employee is currently assigned.
Other information maintained in an employee’s personnel file shall be considered confidential in nature and may be made available only in accordance with Section 14.04 (Confidential Information).
Section 14.03 Access to
Personnel Records
As required by General Statute 160A-168, any person may have access to the information listed in Section 14.02 for the purpose of inspection, examination, and copying during regular business hours. Access to such information shall be governed by the following provisions:
a. All disclosures of records shall be accounted for by keeping a written record (except for authorized persons processing personnel actions) of the following information: name of employee, information disclosed, date information was requested, name and address of the person to whom the disclosure is made, and purpose for which the information is requested. This information must be retained for a period of two years.
b. Upon request, records of disclosure shall be made available to the employee to whom it pertains.
c. Any individual examining a personnel record may copy the information. Any available photocopying facility may be provided and the cost may be assessed to the individual.
d. Any person denied access to any record shall have a right to compel compliance with these provisions by application to a court for a writ of mandamus or other appropriate relief.
e. The records must be viewed in the presence of Human Resources and may not be removed from the premises.
Section 14.04 Confidential
Information Contained in Personnel File
All information contained in a Town employee’s file, other than the information listed in Section 14.02, will be maintained as confidential in accordance with the requirements of N.C. General Statute 160A-168 and will be open to inspection only in the following instances:
a. The employee or his duly authorized agent may examine all portions of his or her personnel file except: (1) letters of reference solicited prior to employment; and, (2) information concerning a medical disability, mental or physical, that a prudent physician would not divulge to his or her patient.
b. A licensed physician, designated in writing by the employee, may examine the employee’s medical record.
c. The Town Manager or a Town Department Head, having supervisory authority over the employee, may examine all material in the employee’s personnel file.
d. By order of a court of competent jurisdiction, any person may examine a portion of the employee’s personnel file as may be ordered by the court.
e. An official of an agency of the State or Federal government, or any political subdivision of the State, may examine any portion of a personnel file when such inspection is deemed by the Town Manager to be necessary and essential to the pursuit of a proper function of the inspecting agency, but no information shall be divulged for the purpose of assisting in a criminal prosecution of the employee or for the purpose of assisting in an investigation of the employee’s tax liability. However, the Town Manager may release the name, address, and telephone number from a personnel file for the purpose of assisting in a criminal investigation.
f. An employee may sign a written release, to be placed with his personnel file, that permits the Town Manager to provide, either in person, by telephone, or by mail, information specified in the release to prospective employers, educational institutions, or other persons specified in the release.
g. The Town Manager, with the concurrence of the Town Council, may inform any person of the employment or non-employment, promotion, demotion, suspension, or other disciplinary action, reinstatement, transfer, or termination of a Town employee and the reasons for that personnel action, Before releasing the information, the Town Manager shall determine in writing that the release is essential to maintaining the public trust and confidence in the administration of services or to maintain the level and quality of Town services. This written determination shall be retained in the office of the Town Clerk, and is a record available for public inspection. The written determination shall also become part of the employee’s personnel file.
h. Each individual requesting access to confidential information will be required to submit satisfactory proof of identity.
i. A record shall be made of each disclosure and placed in the employee’s file, except for disclosures made to the employee, the Town Manager, and the Department Head.
Section 14.05 Information Not
To Be Disclosed
Even if considered part of an employee’s personnel file, the following information need not be disclosed to an employee or to any other person:
a. Testing or examination material used solely to determine individual qualifications for appointment, employment, or promotion in the Town service, when disclosure would compromise the objectivity or the fairness of the testing or examination process;
b. Investigative reports or memoranda and other information concerning the investigation of possible criminal actions of an employee, until the investigation is completed and no criminal action taken, or until the criminal action is concluded.
c. Information that might identify an undercover law enforcement officer or a law enforcement informer.
d. Notes, preliminary drafts, and internal communications concerning an employee. In the event such materials are used for any official personnel decision, then the employee or his duly authorized representative shall have a right to inspect such materials.
Section 14.06 Records of
Former Employees
The provisions for access to records apply to former employees as well as present employees.
Section 14.07 Remedies of
Employees Objecting to Material in File
An employee who objects to material in his or her file may place in the file a statement indicating the material that he or she considers to be inaccurate or misleading. The employee may also seek the removal of the material through established grievance procedures.
Section 14.08 Internal
Investigation Records
Records relating to internal investigations into the conduct of employees shall be kept separate from personnel files. Subject to the provisions of the following paragraph, such records shall be kept strictly confidential and no person may have access to such records or disclose any information contained therein without the explicit approval of the Town Manager.
If an internal investigation is undertaken in response to a complaint by a citizen, then the Town may disclose to the complainant that an investigation was made and whether the Town determined that the charge was founded or unfounded. The Town may not disclose the nature of any disciplinary action taken except to the extent authorized by Section 14.02.
Section 14.09 Penalties
As provided in N.C. General Statute 160A-168, any public official or employee, who knowingly and willfully permits any person to have access to any confidential information contained in an employee’s personnel file, except as permitted by the statute, is guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed five hundred ($500) dollars.
As provided in N.C. General Statute 160A-168, any person not specifically authorized to have access to a confidential personnel file, who knowingly and willfully examines, removes, or copies any portion of such confidential personnel file, shall be guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed five hundred ($500) dollars.
ARTICLE XV
IMPLEMENTATION OF POLICY
Section 15.01 Conflicting Policies Repealed
All policies, ordinances, or resolutions that conflict with the provisions of these policies are hereby repealed.
Section 15.02 Severability
If any provision of these policies, or any rule, regulation, or order thereunder, or the application of such provision to any person or circumstances is held invalid, the remainder of these policies and the application of such remaining provisions of these policies or such rules, regulations or orders to persons or circumstances other than those held invalid will not be affected.
Section 15.03 Effective Date
These policies will be effective upon adoption.
Effective Date: November 12, 1996
Amended: March 11, 2003
Amended: February 8, 2005
Amended: August 14, 2007
APPENDIX A
A.
Mileage Reimbursement Rate
The reimbursement rate for the use of a personal vehicle on Town business will reflect the latest Internal Revenue Service Standard Mileage Rate, as established from time to time. However, if the Standard Mileage Rate changes during a town fiscal year, the mileage rate change shall not take effect until the next budget year.
If a Town vehicle is available and the employee
chooses to use their personal vehicle, the standard mileage rate will be
reduced by 15 cents per mile. (Editor's
Note: Adopted on February 8, 2005)
B.
Per Diem Meal Allowance
The “per diem” meal allowance for out-of-town travel will be as follows:
Breakfast: $7.00
Lunch $15.00
Dinner $20.00
As an employee
subject to the Personnel Policies of the Town of
I acknowledge and understand that
certain information relating to the service, including name, mobile telephone
number and monthly charge total may be released to the Town of
I am aware that I am solely responsible for good care of the telephone equipment, and payment of my mobile/cellular telephone bill.
I certify and acknowledge that I
have read and understand the Town of
_________________________ _______________________
Printed Employee Name Social Security Number
_________________________ _______________________
Signature of Employee Date Signed
_________________________
Signature of Town Manager