TOWN OF GRAY, MAINE
PERSONNEL RULES AND REGULATIONS
Amended
December 21, 1999
September 18, 2001
December 4, 2001
April 6, 2004
TABLE OF CONTENTS
Appendix: The Family and Medical Leave Act of 1993
Be it hereby resolved by the Gray Town Council of the Town of Gray, Maine:
Section 1 – Mission Statement
The Town of Gray [hereafter “Town”] recognizes that employment within its government shall be based on merit; without regard to personal, physical or political consideration.
The personnel policy that follows is designed to promote and maintain equal employment conditions for all Town employees. Positions have been grouped, where necessary, to clarify policies which apply strictly to employees with similar duties, authority, compensation or responsibilities. This policy is adaptive in nature and may be amended to meet the Town's future needs. This handbook is not a contract of employment.
Section 2 - Definitions
1. Appointing Authority: The Town Manager or the Town Council.
2. Employee: Denotes any person appointed to a regular position by the Town Manager.
3. Regular, Full-Time: Employees who are not in a temporary, per diem or probationary status and who are regularly scheduled to work the Town’s full-time schedule are, generally, eligible for the Town’s benefit package, subject to the terms, conditions and limitations of each benefit program.
4. Part-Time: Employees who are not assigned to a temporary or probationary status and who are regularly scheduled to work less than a full-time schedule. Although these employees receive all legally mandated benefits such as Social Security and Workers’ Compensation insurance, they are ineligible for any of the Town’s other benefits.
5. Probationary: Employees whose performance is being evaluated to determine whether further employment in a specific position, or with the Town is appropriate. Employees who satisfactorily complete the probationary period will be notified of their new employment classifications.
6. Temporary: Employees who are hired as interim replacements; or assigned work on a intermittent, varying, seasonal and/or unpredictable basis to temporarily supplement the work force; or who are hired to assist in the completion of a specific project. Employment assignments in this category are of a limited duration. Employment beyond any initially stated period does not, in any way imply a change in employment status.
Temporary employees retain their status until they are legally notified of a change. A change to or from this category can be accomplished only with the written consent of the Town Manager. Although temporary employees receive legally mandated benefits such as Social Security and Workers’ Compensation insurance, they are ineligible for any of the Town’s benefit programs.
7. Per Diem: Employees who routinely work either a full-time or a part-time schedule and who accept additional compensation in lieu of participation in all but legally-mandated benefit programs. The Town offers this category in limited classifications and to a limited number of employees, such as, Rescue EMTs. Service in this category cannot be credited in any way toward any benefit program, even if the employee is later assigned to a benefit-eligible category. A change to or from this category can be accomplished only with the written consent of the Town Manager.
8. FLSA: Fair Labor Standard Act.
9. Full-Time Schedule: For the purposes of determining benefits eligibility, a full-time schedule means a minimum of thirty-five [35] hours per week, based on a calendar year.
Section 3 - Administration
The Town Manager shall be the Administrator of the Personnel Rules and Regulations. It shall be his/her duty to:
Encourage and exercise leadership in the development of sound personnel practices among the departments of the Town.
Advise the Gray Town Council regarding manpower needs and utilization.
Foster and develop programs for the improvement of employee effectiveness including training, safety, health, counseling and courtesy when dealing with the public and respectfulness of municipal property.
Establish and maintain records of all Town employees in the public service, setting forth as to each employee: group, title, salary or status, sick leave, vacation time and any other relevant data.
Apply and carry out this policy and perform any act, which may be necessary or desirable to carry out the purposes and provisions of the Personnel Rules and Regulations.
Section 4 – Affirmative Action
As an Equal Opportunity Employer, the Town of Gray shall employ, upgrade, and promote employees without discrimination as to race, creed, age, sex, disability, national origin or political affiliation, the best qualified persons who are available at the salary level established for the position, with first preference being given to citizens of the Town, all other factors being equal.
Section 5 – Applicability of Rules and Regulations
This policy shall be applicable to all employees in Groups I, II, III and IV.
Section 6 - Benefits
1. Social Security: The Town participates, jointly, with employees in Social Security payments. Benefits are dependent on current Federal Government standard reimbursements.
2. Optional Retirement Plan: Employees in Groups I and II are eligible to participate in the ICMA retirement plan, for which the Town will match up to an amount as determined by the Town Council. All new employees shall not be eligible for optional retirement benefits for the first sixty (60) days of employment
3. Health and Major Medical Insurance: Town employees in Groups I and II are eligible to participate in a Town-paid group health insurance plan, which includes hospitalization and Major Medical and which is provided by the Maine Municipal Association [MMA]. All new employees shall not be eligible for health care benefits for the first thirty (30) days of employment. Presently, the MMA is self-insured under the Maine Municipal Employees Health Trust for Major Medical Insurance. The Town will pay full coverage for employees in Groups I and II. When a salary ceases, the Town will terminate payment of this benefit.
4. Sick Leave: The Town has developed a sick leave policy to ensure that employees have a financial resource during periods of sickness. The Town does not view sick leave as additional personal or vacation days to be utilized at the will of the employee. Sick days shall only be used during periods of actual illness and sickness or at the discretion of the Town Manager.
Employees in Groups I & II shall be entitled to one day of sick leave per each month while employed by the Town. Employees with less than one year of service shall be entitled to one day sick leave for each month employed by the Town. One [1] sick day shall equal eight [8] work hours.
The employee has the responsibility to inform (call in) his or her department head concerning utilization of sick time. If the department head is not available then the employee shall inform the Town Office.
Such sick leave shall be cumulative to 120 days. Sick days accumulated beyond 120 days shall be placed in a Reserve Fund to be used only when all other sick leave is exhausted, as in a prolonged illness or injury. The Town Manager may at any time as a condition precedent to the continuance of sick leave, require a physician's certificate, certifying the condition of the employee to be such as to justify his or her continued absence from employment. Persons drawing workers' compensation will not accrue sick leave.
The Town Manager, at his or her discretion, may require a physician's certificate or note, as a condition of an employee’s utilization of sick leave. In any event, employees who used three or more days of sick leave, consecutively or aggregate, shall be required to furnish a physicians note or certificate, certifying the employees condition. All unauthorized use of sick leave shall be considered as an unauthorized absence from work and as unpaid leave. Unauthorized use of sick time shall be considered an action subject to discipline. Exceptions may be made at the discretion of the Town Manager.
Any employee who has accumulated thirty [30] days of sick leave shall be eligible for one day personal leave per year. An employee who has accumulated sixty [60] days of sick leave shall be eligible for two days of personal leave per year. Any employee who has accumulated ninety [90] days of sick leave shall be eligible for three days of personal leave per year and any employee who has accumulated one hundred twenty [120] days of sick leave shall be eligible for four [4] days of personal leave per year. Personal days accrue from the anniversary of the date of hire and are not carried over from year to year. Personal days must be used in the year they accrue.
Each employee, at their termination, shall be entitled to severance pay equal to one-half of that employee’s accumulative sick leave, not to exceed forty-five [45] days; provided that the employee has worked for the Town for a period of at least five years. Sick leave placed in the Reserve Fund shall not be considered in this formula
Leave Reserve Fund: Employees may donate personal days and vacation leave to the Reserve Fund. The Reserve Fund shall be administered under the following guidelines:
* The employee must be out for an extended period of time due to a non-work rated injury.
* The employee’s time away is eligible under the FMLA for extended leave as required by the Law and documented by their attending physician.
* The employee has used all of their sick leave, personal days and vacations days before any donations occur.
* The Town Manager or their designee will notify the Controller to establish a Reserve for possible donations of time.
* Employees will be notified that they “may choose to donate” sick leave, personal days and or vacation time to the Reserve. However, no employee may be allowed to deplete their sick leave or vacation leave to a level less than 50% of what they may accrue in a year, if they choose to donate time.
* During this leave period, the affected employee may accrue additional sick leave or vacation leave except as provided by the FMLA provisions and town policy.
* Donations may occur up to the time that the affected employee severs their Employment with the Town. If the affected employee is considered employed and are maintaining their health insurance premiums current at their expense, any donated leaves may still be provided. However, should the affected employee cease to maintain their health insurance premiums current, they will no longer be eligible for the donated leave time.
* Upon complete exhaustion of the affected employee’s sick leave, personal time and vacation time, the Controller shall weekly draw from the Reserve Fund no more than the number of hours equal to what the affected employee would have drawn at their regular weekly wage. Once the Reserve is depleted there would be no further payments to the affected employee.
* All employees directing a donation, shall complete a simple authorization form specifying the extent of the donation to the Reserve for that affected employee.
* The maximum amount of leave days that may be donated in total to any one event for an affected employee is twenty five (25) days. At the discretion of the Town Manager, additional days may be authorized to the Reserve. Payment to the affected employee or their family member may be taken in amounts no greater than the equivalent of five working days per calendar week period, at the affected employee’s rate of pay. This ceases when the attending physician indicates the affected employee may return to work or the affected employee leaves the Town’s Employ.
* The Controller shall revalue all donated leave to the equivalent rate of pay of the affected employee for the purposes of distribution.
5. Annual Leave: Each employee in Groups I & II shall be entitled to two [2] weeks of paid annual leave each year and beginning with the fifth year, three [3] weeks of paid annual leave each year. Employees with ten [10] years of service shall be entitled to four [4] weeks of paid annual leave each year. One [1] vacation day shall equal eight [8] work hours. Annual leave time shall be credited to an employee at the end of the service year.
Employees with less than one [1] year of service shall be entitled to six and two-thirds hours (6.66) of paid annual leave for each month service, an equalivent to ten days per year. An employee cannot use annual leave time for the first six (6) months of employment. Any annual leave time taken after the first six month of employment but before the employee’s one year anniversary shall be charged or accounted against the employee’s annual leave for his/her first year of service.
Annual leave shall not be cumulative; all such leave must be taken in the year earned. Exceptions may be made at the discretion of the Town Manager. Annual leave shall be arranged by the department head in such a manner as to cause a minimum loss of service to the public and subject to approval by the Town Manager. All department heads’ leave shall be approved by the Town Manager.
Exceptions may be made at the discretion of the Town Manager; provided however, with respect to the Town Manager’s own annual leave, he/she must each year advise the Town Council of the status of his/her annual leave and, if applicable, request written permission from the Town Council to carry the same forward to the next year. Copies of the Town Manager’s status report on his/her own annual leave and the Town Council written response shall be placed in the Town Manager’s personnel file. Town employees and the Town Manager must take extended leave within 180 days of the year earned. (Adopted April 2, 1991)
6. Bereavement Leave: Special leave with pay shall be granted to employees in Groups I & II for up to three [3) days for absence caused by the death of a member of the immediate family. Immediate family includes parents, spouse, brother, sister, children, grandparents, mother-in-law and father-in-law.
7. Leave of Absence: A leave of absence, without compensation, shall not exceed one [1] month in length, shall be permitted only by the Town Manager and shall be based on the employee’s past work performance.
8. Military Service Leave: Employees in Groups I & II who are members of the organized military reserves and who are required to perform field service will be granted reserve service leave in addition to the vacation leave, but not to exceed two [2] weeks in any calendar year. For any such periods of Reserve Service Leave, excluding week-end duty, the Town will pay the employee balance between base pay and the employee's regular daily compensation; the total equaling the regular pay of the employee on Reserve Service Leave shall furnish the department head an official statement by military authorities giving rank, pay and allowances.
9. Holidays: Paid holidays for employees in Groups I & II shall be as follows:
New Year's Day, Martin Luther King Jr. Day, Presidents’ Day, Patriots Day, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving, one-half [1/2] day off the day before Christmas and Christmas Day.
[a] When a holiday falls on a Sunday, the following Monday shall be observed. When a holiday falls on a Saturday, the preceding Friday shall be observed.
[b] Because of the nature of the position, certain employees in Groups I & II may be required to work during a holiday. Should this occur, hourly paid employees will be paid time and a half for the hours worked on the holiday for all holidays except Thanksgiving and Christmas, for which they will be paid holiday pay plus two times their hourly rate for hours worked on the holidays.
[c] A person on a leave of absence without pay shall not be entitled to holiday, sick or vacation pay. The Town Manager may permit holiday, sick and vacation pay on notice if extenuating circumstances exist and the leave of absence is less than thirty (30) days.
10. Jury Duty: A Town employee called for jury duty will receive his of her regular pay check when they turn in their jury duty pay. This procedure will compensate employees for any difference in pay. Employees excused from jury duty must report back to work during their normal hours.
11. Emergency Leave: Each day that an employee in Group I or II is unable to report to work [on a regularly-scheduled day] due to inclement weather, commuting difficulties or other emergencies not involving sickness; that employee shall have each of these days charged to his or her personal annual leave.
12. Family Medical Leave: See appendix B for details.
Section 7 – Bulletin Boards
At least one bulletin board shall be set up within easy access to each department for the purpose of advertising job position openings, public notices, departmental regulations, etc.
Section 8 – Compensation
COLA/Raises.
Any salary or wage adjustment based on cost of living will commence on July 1, of each respective year. Merit raises will be based on an employee annual employee-performance evaluation. Merit raises will be awarded as determined by the Town Manager.
Pay Schedule.
The Town Manager shall prepare a pay schedule for all of the positions in the Town. The pay schedule shall reflect fairly the difference in duties and responsibilities and shall be related to compensation for comparable positions in other public and private employment.
The Town Manager shall submit the compensation pay schedule to the Gray Town Council in the form a resolution. The Council may adopt the pay schedule with or without amendment. Thereafter, no position shall be assigned a salary higher than the maximum provided for the position unless the pay schedule is amended in the same manner as herein provided for its adoption.
Any pay schedule amendments of job class re-assignment requests shall be brought to the attention of the Town Manager by the Town’s department heads. Changes will be made by the Town Manager in writing and will be based on employee merit.
Pay Dates.
All employees are paid weekly. If payday falls on a regularly scheduled holiday, employees will receive pay on the last day of work before the regularly scheduled payday. To receive pay before a scheduled vacation or to have pay direct-deposited to bank accounts, employees must submit a written request to the Town’s Office Manager.
Any questions concerning payroll deductions may be addressed to the Town Manager.
Positions Changes.
Whenever an individual position is changed by reorganization, creation of a new position, or a change in duties and responsibilities, revisions of the classification plan are necessary and the Town Manager shall recommend the necessary revisions to the Town Council for their approval.
When a regular employee is out for an extended period of time due to illness or injury, the Department Head must review the vacancy to determine if the operations can continue without being filled temporarily. The analysis must include the cost benefits of using existing personnel, any overtime incurred versus the promotion or hiring to fill the vacancy. If it is determined that the position must be filled during that period the following shall apply.
Promotions: In those cases where a regular part time employee is temporarily promoted to fill the full time vacancy, the person promoted shall be entitled to receive, along with any other fringe benefits provided for by the personnel policies, holiday pay. The time served in the temporary position shall count towards service time with the Town of Gray and their second probationary period. Should the individual be returned to their regular part time status, they shall only receive those benefits allocated to part time personnel.
Hire: If a new person is hired temporarily to fill the full time vacancy they shall only be entitled to the legally mandated benefits and Holiday pay. If they are appointed to the position as a full time regular employee, then the time worked shall count towards their service to the Town of Gray and their six month probationary period.
Public Works and Maintenance.
Public Works and Maintenance employees will be paid overtime after their normal scheduled hours.
Overtime Compensation.
In accordance with the FLSA, overtime compensation is based on actual time worked. Actual work time include holiday, vacation and sick time.
Fire/Rescue Call-out Time.
Fire and rescue call-out time is not included in actual time calculations and is not included in over-time calculations.
H. Outside Compensation
Any employees receiving payment for services, from non-Town sources, rendered during his/her normal work day and for which work day Town compensation was given, shall turn the entire amount of that compensation over to the Treasurer, Town of Gray. This provision does not apply to activities outside the workday or during periods of vacation.
Section 9 – Confidentiality Policy
During the course of their duties, employees of the Town of Gray often are privy to information about individuals, which is sensitive and should be kept confidential. Examples include, but are not limited to, labor relations, general assistance and personnel actions. Employees are expected to respect the confidential nature of such information.
Section 10 - Discipline, Discharge, Suspension and Probation
a. Just Charge. The Town shall base disciplinary actions or measure on a "just cause" basis.
b. Disciplinary Actions. The appointing authority shall have the right to impose disciplinary action, including warnings, demotions, suspensions or discharge on any employee whose work performance or conduct, in the judgment of the appointing authority, justifies such action. There are certain types of employee problems that are serious enough to justify immediate suspension or termination. Notice of such action against an employee must be in writing and filed with the employee not later than the effective date of action. Such notice shall specify the penalty and contain a statement of the reason or reasons therefor. The employee shall have the right of appeal, as outlined in the grievance procedure.
c. Discharged Without Good Cause. If it is found that an employee has been discharged without good and sufficient cause, he or she shall be reinstated to his or her former position with full pay for all time lost. In the event that a department head wants to discharge an employee, the action shall first be approved by the Town Manager.
d. Employee Termination. At the time of employee termination for [1] resignation [voluntary employment termination initiated by an employee]; [2] discharge [involuntary employment termination initiated by an organization]; [3] layoff [involuntary employment termination initiated by the organization for non-disciplinary reasons] or [4] retirement [voluntary employment termination initiated by the employee meeting age, length of service and any other criteria for retirement from the organization] an exit interview may be scheduled. Employees will receive final pay in accordance with State law.
e. Town Property. Employees must return all property belonging to the Town of Gray at the time of their termination or upon immediate request.
Section 11 - Employment
A. Applications
1. Original hires to positions in Groups I, II, III and IV shall be announced by posting notices in the Town Office, post office and such other places within the Town as may be deemed appropriate by the Town Manager, including at least one newspaper of general circulation. The Town Manager shall have final hiring authority on all municipal hires.
2. Applications shall be made on forms provided by the Town. Such forms shall require information covering training, experience and other pertinent information. All applicants must sign their application forms. Any misrepresentations, falsifications or material omissions may result in an applicant’s exclusion; or, if the person has been hired: termination.
3. Preference may be given to qualified applicants who are residents of the Town of Gray.
4. Vacancies in positions above the entrance level shall be filled by promotion whenever, in the judgment of the Town Manager, it is in the best interests of the Town to do so. In the case of promotion, appropriate consideration shall be given to the applicant's qualifications, record of performance or seniority.
5. A person responsible for the hiring of new employees within a department may not hire a relative. A relative is a “person connected with another by blood or affinity”.
6. The Town of Gray is an Equal Opportunity Employer and is committed to complying fully with the Americans with Disabilities Act [ADA].
7. The Town of Gray complies with the Immigration Reform and Control Act of 1986. Each new employee must complete Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility.
8. The Town of Gray regularly checks references of qualified job applicants.
9. Upon a conditional offer of employment from the Town, a prospective employee may be required to complete a medical examination, a psychological, criminal background check, a physical test and/or drug and alcohol test.
B. Classifications. The Town Manager shall ascertain and record the duties and responsibilities of all positions in Groups I, II, III and IV and shall recommend a classification plan for such positions. The classification plans shall consist of job descriptions specifying title, typical duties and responsibilities. A statement of training, experience and other qualifications shall be required of applicants for the various positions. The Town Manager shall assign the applicant a salary or wage range.
Before the classification plan, or any part thereof, shall become effective, it shall be approved, by resolution, by the Gray Town Council.
The Town has established four (4) employment classifications.
1. Group I: All full-time, salaried employees.
2. Group II: All full-time, hourly paid employees.
Group III: All part time employees.
Group IV: All probationary, temporary, casual and per-diem employees. (This category does not include full-time hires in probationary status.)
A full-time schedule means a minimum of thirty-five [35] hours per week, based on a calendar year.
C. Probation. The probationary period is intended to give a new employee the opportunity to demonstrate his/her ability to achieve a satisfactory level of performance and to determine whether the new position meets his/her expectations. The Town uses this period of time to evaluate employee capabilities, work habits, and over-all performance. Either the employee or the Town may end the employment relationship at will, at any time during the probationary period, with or without cause or advance notice.
All new or rehired employees shall work on a probationary basis for the first six months from their date of hire or as established by the Town Manager. Law enforcement employees shall work on a probationary period for the first 12 months as provided by state statute. Probationary basis shall be consistent with regulations as established by the FLSA. The Town Manager at his/her discretion may extend an employee’s probationary status, but not for longer than an additional six (6) months.
An employee who is promoted or transferred within the Town must complete a secondary, probationary period of the same length with each reassignment to a new position. Any significant absence will automatically extend a probationary period by the length of the absence.
In cases of promotions or transfers within the Town, an employee who [in the sole judgement of management] is not successful in the new position can be removed from that position at any time during the secondary, introductory period. If this occurs, the employee may be allowed to return to his/her former job or to a comparable job for which the employee is qualified, depending on the availability of such positions and the Town’s needs.
Upon satisfactory completion of the initial, probationary period, employees enter the "regular" employment classification.
During the initial probationary period, new employees are eligible for those benefits that are required by law, such as Social Security and Worker’s Compensation insurance. They may also be eligible for Town-provided benefits, subject to the terms and conditions of each specific benefits program. Employees should read the information for each specific benefits program for eligibility requirements.
During the probationary period, new employees shall not be eligible for health care or optional retirement benefits for the first thirty (30) days of employment. New employees shall not be eligible for other benefit programs until the probationary period is satisfactory completed, unless specific benefit programs required early enrollment, or by Town Manager approval.
Employment status is not changed during the secondary, probationary period that results from a promotion or transfer within the Town of Gray.
D. Conduct. All employees of the Town are expected to follow rules of conduct that will protect the interest and safety of all employees and the organization. It is not possible to list all forms of behavior that are considered unacceptable in the workplace. The following are examples of infractions that may result in disciplinary action, up to and including termination of employment. This list is not intended to be exclusive.
[a] theft or inappropriate removal or possession of property.
[b] falsification of time-keeping records.
[c] working under the influence of alcohol or illegal drugs.
[d] possession, distribution, sale, transfer or use of alcohol or illegal drugs in the workplace while on duty or while operating employer-owned vehicles owned equipment.
[e] fighting or threatening in the workplace.
[f] boisterous or disruptive activity in the workplace.
[g] negligence or improper conduct leading to damage of employer-owned or customer owned property.
[h] insubordination or other disrespectful conduct.
[i] violation of safety or health rules.
[j] smoking in prohibited areas.
[k] sexual or other unlawful or unwelcome harassment.
[l] possession of dangerous or unauthorized materials such as explosives/firearms in the workplace.
[m] excessive absenteeism or any absence without notice.
[n] unauthorized absence from the work station during the workday.
[o] unauthorized use of telephones, mail systems or other employer-owned equipment.
[p] violation of the Personnel Rules and Regulations.
[q] unsatisfactory performance or conduct
E. Personnel Files. The Town maintains a personnel file on each employee. Personnel files are confidential and are the property of the Town. Personnel files are to be kept locked and secured under Town Manager’s control. Employees or former employees may review their personnel files, under supervision, during normal office hours at the location where the personnel files are maintained. Employees or former employees who wish to review their records must file a written request with the Town Manager who has custody of the personnel files.
F. Dress. Employees are required to dress and groom themselves appropriately for their work environment. Employees may be sent home if their personal appearance is not proper for their work situation. Under these circumstances, employees will not be compensated for their time.
G. Smoking. Smoking is not allowed in any workplace. No employee may use, possess, distribute, sell or be under the influence of alcohol or drugs. Prescription drugs may be used only if they do not impair the employee's job performance. Violations will result in disciplinary action, which may include termination.
H. Drug-Free Workplace Act. Under the Drug-Free Workplace Act, any employee who performs work for a government contract or grant must notify the Town of Gray of a criminal conviction for drug-related activity occurring in the workplace. Employees concerned with substance dependency and abuse issues are encouraged to discuss these matters with their supervisor or the Town Office Manager.
I. Outside Employment
A Town employee may engage in outside employment. However, no employees may engage in outside employment which in any manner interferes with the proper and effective performance of the duties of their position, results in a conflict of interest, or if it is reasonable to anticipate that such employment may subject the Town to public criticism or embarrassment. Employees must inform their department head who shall inform the Town Manager of their outside employment. If the Town Manager determines that such outside employment is disadvantageous to the Town, he shall notify the employee in writing that the outside employment must be terminated. Any employee who engages in employment outside his/her regular working hours shall be subject to perform their regular duties first.
J. Vital Information. It is the responsibility of the employee to notify the Town’s Office Manager, should any personal or vital information change; i.e., telephone number, address, emergency notification, etc.
Section 12 – Evaluations/Reviews
Supervisors and employees are strongly encouraged to discuss job performance, goals and professionalism. Formal Performance Evaluations are to be scheduled every twelve months, on or about the anniversary of the date of hire. Employee evaluations shall be signed by the employee, department head and town Manager. An employee may attached a written statement within ten (10) calendar days after any evaluation given.
Section 13 – Grievance Procedure
1. Any employee or municipal official who deems himself or herself aggrieved will have recourse to a strictly impartial hearing, provided the following steps are taken:
Step 1: The employee shall present the grievance in writing to his or her department head. The department head shall inform the Town Manager in writing, of the nature of the grievance and all facts known to the department head. In the event the grievance is not resolved in step one, within a reasonable length of time not to exceed five [5] working days, the employee may then refer to Step 2.
Step 2: The unresolved complaint shall be referred, in writing, to the Town Manager through the employee's immediate supervisor within a reasonable length of time, not to exceed five [5] working days from the conclusion of the time for Step 1. The written grievance shall include all facts and circumstances of the grievance. The Town Manager, Department Head and employee shall meet to discuss the grievance. In the event the grievance is not resolved in step 2, within ten [10] working days from the receipt of said determination of the Town Manager, the employee may then refer to Step 3.
Step 3. The unresolved complaint shall be referred, in writing, to the Town Council within ten [10] working days from the conclusion of the time for Step 2. The Town Council will hold a hearing, within fifteen 15 working days, in regard to said grievance and issue a decision. The decision of the Town Council shall be final.
Section 14 –Harassment Sexual and Other
It is the policy of the Town of Gray that all our employees should be able to work in an environment free from all forms of harassment. Harassment, as defined by this policy, is prohibited. All employees must avoid offensive and inappropriate sexual or harassing behavior at work and are responsible for assuming that the workplace is free from sexual and hostile behavior at all times.
This policy refers not only to supervisor-subordinate actions but also actions between co-workers. Any complaints of harassment will be investigated promptly. There will be no intimidation, discrimination or retaliation against any employee who makes a report of harassment.
Sexual Harassment:
Sexual harassment is the attempt to control, influence or affect the career, salary, or job of an individual in exchange for sexual favors. Sexual harassment can also be conducted which creates a hostile or offensive work environment or unreasonably interferes with a person's ability to perform his/her job. Sexual harassment is an extremely serious matter. It is prohibited in the workplace by an person and in any form.
Specific conduct which is prohibited includes, but is not limited to:
Threats or insinuations, implicit, that any employee's refusal to submit to sexual advances will adversely affect the employee's retention, evaluation, wages, promotion, duties or any other condition of employment;
Unwelcome sexual flirtations, advances, or propositions;
Verbal or written abuse of a sexual nature;
Graphic verbal comments about an individual's body;
Sexually degrading words used to describe an individual, or
The display in the workplace of sexually suggestive objects, comments or pictures.
Any department head or employee who is found after appropriate investigation to have engaged in sexual harassment will be subject to discipline, up to and including discharge.
Verbal Harassment:
Derogatory or vulgar comments regarding a person's sex, religion, age, ethic origins, physical appearance, or the distribution of written or graphic materials having such an effect, are prohibited. Any employee who believes he/she has been the subject of such harassment should report the alleged conduct to their department head or the Town Manager. Any department head or employee who is found, after appropriate investigation, to have engaged in any harassment will be subject to discipline, including discharge.
C. Reporting a Complaint
Any employee who believes he/she has been the subject of sexual harassment should report all alleged acts to their department head or the Town Manager. If the complaint involves an employee’s direct supervisor or if the employee feels uncomfortable with reporting the matter to his/her direct supervisor, the complaint should be brought to the attention of the Town Manager. If the complaint concerns the Town Manager then the employee should bring the matter to the attention of the Town Council Chairperson.
D. State Law
Effective October 19, 1991, the Maine Legislature passed a new law regarding Sexual Harassment in the Workplace. In compliance with this law, the Town of Gray is also required to provide annual written notification to all employees regarding sexual harassment. The Town of Gray is also required to provide training to all new employees on sexual harassment before their first anniversary of employment. In addition, new supervisors must receive information on their responsibility to take immediate and corrective action in addressing sexual harassment complaints.
Section 15 – Hours of Work
a. Start/End/Lunch. The hours of work [starting times, quitting times, lunch times and over time] will be established within each department subject to the Town Manager's approval.
The hours of work may be changed by mutual agreement of the department head and the department employees, subject the Town Manager’s approval.
b. Overtime. Any time actually worked in excess of the established number of hours shall be compensated by overtime pay at a rate of time and one-half and in accordance with the FLSA. For those employees in Group I, it is understood that compensation is based on the job responsibility; and the person filling the position will be expected to accomplish the work assigned to the position regardless of hours required.
c. Absences. Employees shall be at their work stations in accordance with departmental regulations pertaining to payroll purposes and shall furnish the Town Manager such periodic reports as he/she may request. In the event of a necessary absence because of illness or any other cause, it is the responsibility of employees to see that their department head is advised of the reasons for absence, either on the same day or within three working days.
Employees should notify supervisors of tardiness or absence as soon as possible. Poor attendance and excessive tardiness may lead to disciplinary action and possible termination
d. Public Works. Any employees in the Public Works Department who are subject to being called in to work during their normal off-duty hours shall be paid a minimum of three hours pay for each such call-in. Should they be required to work less than three hours, three (3) hours will be the maximum paid. Should they be required to work more than three hours, overtime pay will be calculated on the basis of Section 8.3 of these Personal Rules and Regulations.
e. Emergencies. Emergencies such as severe weather, fire or power failures, which force closure of all or some of the Town’s facilities will be announced on local radio and television stations. Employees who are willing and able to work will be paid during official closures. Emergency and essential staff may be asked to work during official closures and will receive regular pay.
Section 16 - Infectious Disease Policy
A. Purpose
This is to establish the policy of the Town of Gray for managing infectious disease issues as they relate to employees and/or prospective employees including but not limited to the following diseases: AIDS, Chickenpox, Hepatitis A, Hepatitis B, Impetigo, Measles, Mumps, Pertussis, and Parasitic Infestations. Any employee or volunteer who could or does come into contact with bodily fluids while performing his/her job as a Town employee or volunteer, should immediately reference the Town of Gray Exposure Control Plan. Copies of the Exposure Control Plan are available in the Town Manager's office, as well as in the Police, Fire/Rescue, Public Works and Community Services Departments.
Policy
It is the policy of the Town to assure to the extent possible a safe and beautiful work environment.
It is also the policy of the Town to ensure full compliance with state, federal, and local requirements dealing with infectious diseases.
Town procedures shall comply with the Center for Disease Control recommendations for specific infectious diseases. These recommendations will be available through the employee's department head.
It is the obligation of all Town employees to take all reasonable precautions to protect themselves, co-workers, clients and the public from infectious diseases.
The Town of Gray shall make available to all employees and volunteers who have occupational exposure the Hepatitis B vaccination series and post exposure evaluation and follow-up. Please reference the Town of Gray Exposure Control Plan for detailed information on necessary procedure to follow.
Procedures
The Town will not discriminate against employees and/or prospective employees with infectious diseases who are otherwise qualified to perform their job functions with reasonable accommodation. Employees with infectious diseases will be treated under existing policies, state, federal, and local requirements, and collective bargaining agreements.
Where allowed by law, the Town retains the right to test employees for infectious diseases.
The Town must maintain confidentially regarding an employee's health status, and does not have a duty to inform other individual or organizations unless required by law.
Upon medical confirmation of an infectious disease that may be a threat to the public health, the affected employee has the responsibility to notify the Town's Personnel Administrator, and to carryout his or her assigned duties if reasonable accommodations can be made.
Upon notification by an employee that an infectious disease has been confirmed and is a threat to the public health, the Personnel Administrator will:
Secure, if possible, all appropriate releases for information from the employee and notify those individuals for whom those releases have been acquired.
Assist in the identification of reasonable accommodations to be made, if any.
Assist individual departments, if necessary, in complying with this policy.
The Town will treat all occupational infectious disease injuries or illnesses according to state law.
The Town will provide appropriate educational opportunities and current informational material on infectious disease issues, including prevention, protection, control measures, and treatment practices.
Individual departments have the right to develop protocols regarding infectious disease control provided that those protocols conform to this policy.
An employee cannot refuse to carry out his or her assigned duties when dealing with a co-worker or the public with an infectious disease unless that individual makes a threat of harm to the employee. Failure to adhere to this procedure will result in disciplinary action.
Accidental Needle Stick Procedure
Police, fire, rescue and solid waste personnel have the highest risk of exposure to needles and syringes. Exposure to a used, contaminated needle places an employee at risk for contracting an infectious disease. In the event of an accidental puncture with a contaminated needle, the procedure is as follows:
Wash the puncture site thoroughly with soap/disinfectant and water.
Report the incident to your supervisor.
Police, fire or rescue personnel must notify the medical facility receiving the patient of the incident.
Complete Incident and/or Workers Compensation forms.
Establish your potential exposure risk to infectious diseases.
Notify your Department Head to establish your (1) tetanus status, (2) Hepatitis B status, and (3) HIV exposure.
Seek further medical attention if necessary.
Procedure for Exposure to AIDS infection
If a Town employee is exposed to the blood or body-fluid of a known or highly suspected AIDS infected person:
Wash the exposed areas thoroughly with soap and water. Clean any spills with a one (1) part bleach to ten (10) parts water solution.
Report the incident to your supervisor.
Complete the Incident and Workers Compensation forms.
Notify your department head as soon as possible to schedule an appointment for a voluntary blood test.
The blood test will be drawn within two weeks of the incident, six months later, and nine months later. The blood test is sent to the Maine Public Health Division in Augusta. Results are received approximately one week later. You will be notified of the test results.
If all three specimens are negative, you are considered not to be infected.
Counseling occurs with each visit or when requested, and is also available to family members and co-workers.
Emotional counseling is available through a counselor of the employee's choice and to be provided by the Town of Gray.
Strict confidence will be maintained in all incidences unless appropriate medical and/or information releases have been obtained.
Section 17 – Political and Outside Activities
a. Public Office. Town employees shall refrain from seeking or accepting nomination or election to any office in the Town of Gray or from using their influence publicly in any way, for or against any candidate for elective office in the Town government. Town employees shall not circulate petitions or campaign literature for elective Town officials. In addition, they must not solicit contributions or political service from any person, for any purpose, pertaining to the government of the Town. This rule is not to be construed to prevent Town employees from becoming or continuing to be members of any political organization, from attending political organization meetings, from expressing their views on political matters or from voting with complete freedom in any election.
Town management shall keep all municipal buildings free of political or campaign literature and materials.
b. Purchasing – Conflict of Interest. No Town employee who is authorized to make purchases shall have any interest, either directly or indirectly in any contract with the Town. No Town employee shall accept gratuities, of any type, from any person or organization, with whom that employee or any other Town employee deals.
An actual or potential conflict of interest occurs when an employee is in a position to influence a decision that may result in a personal gain for that employee or for a relative, as a result of the Town of Gray's business dealings. For the purposes of this policy, a relative is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage.
No "presumption of guilt" is created by the mere existence of a relationship with outside firms. However, if employees have any influence or transactions involving purchases, contracts or leases, it is imperative that they disclose, as soon as possible, to an officer of the Town of Gray, the existence of any actual or potential conflict of interest so that safeguards can be established to protect all parties.
Personal gains may result not only in cases where an employee or relative has a significant ownership in a firm with which the Town of Gray does business, but also when an employee or relative receives any kickback, bribe, substantial gift or special consideration, as a result of any transaction or business dealings involving the Town of Gray.
c. Outside Employment. A Town employee may engage in outside employment. However, no employee may engage in outside employment which, in any manner, interferes with the proper and effective performance of the duties of his or her position, results in a conflict of interest or if it is reasonable to anticipate that such employment may subject the Town to public criticism or embarrassment.
Employees must inform their department supervisor of their outside employment. If the Town Manager determines that such employment is disadvantageous to the Town, he or she shall notify the employee in writing that the outside employment must be terminated. Any employee who engages in employment outside his or her regular working hours shall be subject to perform his or her regular duties first.
Section 18 – Resignations
An employee may resign from Town service in “good standing”. “Good standing” shall mean the submittal of a written notice 14 calendar days in advance of the last day of actual work. Failure of a resigning employee to comply with this rule may be cause for denying future employment with the Town. The Town Manager may permit a shorter period of notice if extenuating circumstances exist.
Section 19 - Safety
1. All accidents to personnel, no matter how minor, during the work schedule must be reported immediately to the department head or the Town Manager. A written report shall be made on forms for that purpose within three (3) days of incident.
2. The Town will strive to meet applicable municipal, federal and state safety standards.
3. All employees suffering an on-the-job accident will be sent to a doctor for examination at Town’s expense.
4. When an employee is injured on the job or disabled by an occupational disease arising out of, or in the course of, his or her employment, a valid worker's compensation claim must be filled out.
5. Employees are expected to abide by all safety rules and regulations, which shall be posted on bulletin boards, announced at staff meetings or otherwise communicated by supervisors. Failure to adhere to these mandates may result in disciplinary action and/or termination.
6. An Employee who has been out from work due to (1) a work related injury or illness or personal injury for any period of time or (2) a personal injury or illness for 3 or more consecutive days shall be able to return to work only upon a written approval of the attending physician that indicates the employee is capable of resuming their position’s full requirements. It shall be the responsibility of the employee to provide the attending physician with a current copy of the employee’s position description noting the full requirements that are expected of any employee when they return to work. The physician’s written approval shall be turned over to the employee’s supervisor and approval by the supervisor or department head must be given before the employee resumes their work
schedule. A supervisor may waive this requirement only for a non-work related injury or illness and only if it is clear to their supervisor they can perform all of the requirements of his or her position.
7. The Town Manager has responsibility for implementing, administering, monitoring, and evaluating safety programs.
Section 20 – Severability
If any provision of these personnel rules or the application hereof to any person or a circumstance(s) is held invalid, this invalidity does not effect other provisions or applications of the personnel rules which can be given effect without the invalid provision or application. For this purpose, the personnel rules provisions are severable.
Section 21 – Travel Expenses
1. Authorization for personal car use by employees in Group I for routine Town business will be at the discretion of the Town Manager. All employees must show proof of insurance and a valid driver’s license.
2. Authorization for personal car use by employees in Groups II, III and IV shall be for a specific purpose and approved in advance by the Town Manager of his or her authorized representative.
3. All out-of-town travel expenses for employees in Groups I, II, III and IV must be authorized by the Town Manager, in writing, in advance of the use for which reimbursement is sought.
4. Reimbursement for authorized personal car use shall be at a rate as determined by the Town Council.
5. Travel costs shall not be incurred for travel between employee's home and principal point of employment in a regular and routine performance of work.
6. When two or more persons travel together on official authorized trips, costs shall be paid to one employee based on the total mileage involved.
7. Distances shall be determined by speedometer reading and any substantial deviations from distances shown on highways mileage guides must be justified.
8. Costs such as tolls or parking meters shall be added to the expenses incurred.
9. Reimbursement for expenses will be made upon submission of a reasonable substantiated purchase order.
10. All authorized, personal car use shall be computed from the Gray Town Office at 6 Shaker Road, Gray, Maine, or the shortest route.
Adopted: March 01, 1979
Amended: March 18, 1986
Amended: April 2, 1991
Amended: December, 21, 1999
Amended: September 18, 2001
Amended: December 4, 2001
Amended: April 6, 2004
Appendix: The Family and Medical leave Act of 1993
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