Policies - Personnel

TOWN OF HOLDEN

PERSONNEL POLICY

Council Approved

June 12, 2006

Adopted: April 5, 1977

First Revision: February 21, 1984

Second Revision: November 24, 1986

Amended: May 22, 1989

Amended: July 30, 1990

Amended: June 12, 2006

101.1 The Town Council hereby adopts the following Personnel Policy and rules for utilization by the Town Manager in the administration of the personnel activities of employees of the Town of Holden. These rules and subsequent modifications shall supersede any policy and rules made previously by the Town Council.

101.2 The Town may delete, amend, modify or change any or all of the provisions contained in this Policy without prior notice. The provisions set forth are not contractual, but rather, are for the general guidance of the Town in its relationship with its employees.

101.3 The general purpose of this policy is to establish a system of personnel administration that meets the social, economic and program needs of the citizens of Holden. This system shall provide means to recruit, select, and develop and maintain an effective and responsive work force and shall include policies and procedures for employee hiring and advancement, training and career development, job descriptions, salary administration, retirement, fringe benefits, discipline and other related activities.

It shall be the policy of the Town of Holden to guarantee equal opportunity to all qualified applicants and employees without regard to race or color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin, or other status protected by law.

103.1.1 “Full-time employee.” A full-time employee is an employee who is scheduled to work a normal workweek, as defined in Section 108, on a continuing, indefinite basis. He/she is subject to all personnel rules and regulations and receives all benefits and rights as provided by this policy.

103.1.2 “Part-time employee.” A part-time employee is an employee, other than an employee who works in the Police Department, who works less than the normal workweek, as defined in Section 108, on a continuing indefinite basis. He/she is subject to all personnel rules and regulations. Vacation, sick leave and holiday benefits shall be in proportion to the hours worked. Additional benefits may be granted by the Town Manager. This classification shall only be assigned at the discretion of the Town Manager.

103.1.3 “Part-time Police Officer.” A part-time Police Officer is an employee who works in the Police Department on an as needed basis. He/she is subject to all personnel rules and regulations. A part-time Police Officer is eligible for those benefits provided by law, but is not entitled to any other benefits such as retirement, health insurance, holiday pay, sick leave, vacation or seniority and may be terminated for any reason at any time.

103.1.4 “As Needed Employee.” An as needed employee is an employee who works on an “as needed” basis. He/she is subject to all personnel rules and regulations. An as needed employee is eligible for those benefits provided by law, but is not entitled to any other benefits such as retirement, health insurance, holiday pay, sick leave, vacation, or seniority, and may be terminated for any reason at any time.

104.2.1 Encourage and exercise leadership in the development of sound personnel practices among the departments of the Town of Holden.

104.2.3 Foster and develop programs for the improvement of employee effectiveness, including training, safety, health, counseling, proper courtesy when dealing with the public and respect for municipal property.

104.2.4 Establish and maintain records of all employees in the public service, in which there is set forth as to each employee the anniversary date of hire, title, pay or status, sick leave, vacation time, payrolls, compensatory time, cafeteria plan information and other relevant data.

104.2.5 Apply and carry out this policy, perform any act which may be necessary or desirable to carry out the purposes and provisions of this policy, and to use "common sense" and good judgment in conjunction with these guidelines and in situations not covered by these guidelines.

105.1 The employment of all personnel shall be the responsibility of the Town Manager.

105.3.1 Except for police officers, all employees are considered probationary for the first six (6) months of employment. The probationary period may be extended beyond the initial period if deemed necessary by the Town Manager. Probationary employees may be removed at any time during the probationary period without cause and without right to file a grievance. If they are retained as employees, the initial date of employment is considered the anniversary date for the purpose of determining benefits, seniority and other applicable purposes.

105.3.2 A police officer who is a graduate of the Maine Criminal Justice Academy at the time of hire, shall complete a probationary period of one (1) year after graduation from the Maine Criminal Justice Academy or as set forth in Section 105.3.1, whichever is longer. A police officer who is not a graduate of the Maine Criminal Justice Academy, at the time of hire, shall complete a probationary period of one (1) year after graduation from the Maine Criminal Justice Academy.

105.5 The Town Council desires that Town employees be paid on a basis that is commensurate with pay and benefits of similar communities and for comparable private work in the area in order that the Town attract and retain well-qualified employees.

The Town Council desires that Town employees be given maximum opportunity for advancement. Present employees shall be given first consideration in filling a vacancy and may be given training opportunities to qualify for promotion, but it is recognized that, from time to time, the benefit of the Town will require that a vacancy be filled from outside. Such a decision shall be made only after careful review of the qualifications of all Town employees who apply for the position.

Employees shall be at their respective places of work in accordance with the general or departmental regulation pertaining to the hours of work. All departments or divisions or sections shall post the regular hours of work for their respective groups in a conspicuous place. All departments shall keep daily attendance records and furnish to the Town Manager such periodical reports as may be required. If an absence from work is not previously arranged for, it is the responsibility of employees to see that their immediate supervisor is advised of the reason for such absence as soon as possible.

108.1 All departments shall observe and keep office and working hours necessary for the efficient transaction of services as determined by the Town Manager.

108.2 The work week for payroll purposes is a seven day period which begins at 12:01 a.m. on Monday and ends at 12:01 a.m. on the following Monday.

The Town Manager may change the length of shifts of the number of hours scheduled each week.

108.4 All employees, except as needed employees, will be paid by check once each week for hours worked the preceding week. Checks will be available by noon on Thursday. The payment schedule for special employees will be determined by the Town Manager.

109.1 An exempt employee is an employee who is paid on a salary basis and is subject to one of the exemptions under the Fair Labor Standards Act (“FLSA”). An exempt employee is exempt from the overtime provisions of the FLSA.

109.2 A non-exempt employee/ hourly employee is an employee who is eligible for overtime under the FLSA.

109.3 When circumstances warrant, overtime work may be required. Hourly time employees will be paid one and one-half times their regular rate for hours worked over their scheduled hours as defined in Section 108.3.

109.4 Hours worked include holidays for the purpose of calculating overtime. Sick time and vacation time will not be included for the purpose of calculating overtime.

109.5 Compensatory time may be granted to non-exempt full-time employees at one and one-half times their regular rate for hours worked over their scheduled hours as defined in Section 108.3.

109.6 Compensatory time may be accumulated to a maximum forty (40) hours. Upon termination, the outstanding balance of compensatory time shall be paid to an employee at his/her current hourly rate.

109.7 The Town Manager shall have the right to decide when overtime will be performed or who will be assigned. Every effort shall be made to keep overtime costs to a minimum.

110.1 Full and part-time employees will be paid for a number of hours equal to their regular working schedule, at their regular hourly rate for each of the following holidays not worked:

Veteran’s Day

Thanksgiving Day and Day After

½ Day Christmas Eve

Christmas Day

Such other days as shall from time to time be designated by the Governor as State Holidays.

110.2 Employees who are on a leave of absence (paid or unpaid) will not be entitled to holiday pay.

110.3 When any of the holidays fall on Saturday or Sunday, the holiday observed by the State of Maine will be recognized as the holiday for the purpose of computing pay. If an employee entitled to holiday pay works on any of the above holidays, he/she shall receive one and one-half times his/her regular hourly rate for all hours worked on the holiday in addition to holiday pay. An employee who is scheduled to work on a holiday, but fails to do so, shall be considered immediately suspended, and will forfeit his/her holiday pay unless his/her absence was due to a bona fide sickness or justifiable excuse.

111.1 Full and part-time employees shall earn vacation with pay on the following basis:

111.1.1 All eligible employees who have completed six months of continuous employment but less than one year of continuous employment shall be entitled to a vacation allowance of one times their regular hours per week.

111.1.2 All eligible employees who have completed one (1) year of continuous employment but less than seven (7) years of continuous employment shall be entitled to a vacation allowance of two times their regular hours per week.

111.1.3 All eligible employees who have completed seven (7) years of continuous employment but less than fifteen (15) years of continuous employment shall be entitled to a vacation allowance of three times their regular hours per week.

111.1.4 All eligible employees who have completed fifteen (15) years or more of continuous employment shall be entitled to a vacation allowance of four times their regular hours per week.

111.2 The maximum hours of vacation leave that may accumulate or be carried over into another year shall be equal to the hours earned in the current year. The balance of vacation time earned, but not taken will be paid to the employee, unless the Town Manager has authorized the time to be carried over.

111.3. Vacations shall be granted at such time or times as shall be mutually agreeable to the employees and their department heads. Due consideration shall be given to an employee's seniority in regard to scheduling vacation.

111.4 An employee, upon resigning, is entitled to the proportionate amount of annual vacation time due to him according to the regular vacation schedule.

111.5. An employee shall not be allowed to work and be paid double his usual wage during his vacation period, unless approved by the Town Manager.

112.1 Except for Fire/Rescue employees, full-time employees who have completed the probationary period, shall be credited with 8 hours of sick leave per month, and after 5 or more years of service shall be credited with 12 hours of sick leave per month. Full-time Fire/Rescue employees, who have completed the probationary period, shall be credited with 9 hours of sick leave per month, and after 5 or more years of service shall be credited with 13.5 hours of sick leave per month. Part-time employees who have completed the probationary period, shall be credited with sick leave hours in proportion to the hours scheduled to work each month. A maximum of 720 hours may be carried forward from year to year.

112.2.1 Personal illness or physical incapacity of such a degree as to render the employee unable to perform the duties of his/her position unless the employee is capable of other work in his/her division and assigned to such other work.

112.2.4 An employee may use up to a maximum of 80 hours a year under Sections 112.2.2 and 112.2.3. Additional time will be permitted at the discretion of the Town Manager.

112.3 Upon request, employees shall furnish the Town with a physician’s certificate related to the sick leave usage for the employee or the employee’s family member.

112.4 Absences for a fraction or part of a day shall be charged proportionately and rounded up to the half hour.

112.5 Sick leave usage shall be recorded regularly in the employee's record folder. The Town Manager shall periodically review sick leave records and shall investigate any cases that indicate abuse of the privilege. Willful abuse of the sick leave privilege shall be cause for dismissal. Employees are eligible for worker's compensation for a service connected injury and may elect to take earned sick leave in addition to compensation to the extent that it provides full regular pay, and to the extent of earned sick leave credit.

113.1 Each full-time employee who has completed the probationary period and has had a 100%attendance record for the quarter; i.e., the three month period of January-February-March; April-May-June; July-August-September; October-November-December; will be awarded one personal day on the completion of that quarter.

113.2 A personal day shall be granted at such time or times as shall be mutually agreeable to the employee and their Department Head.

113.3 A maximum of one personal day a fiscal year may be carried to the next fiscal year. The balance of personal days earned but not taken will be paid to the employee at the close of the fiscal year, June 30.

114.1.1 Eligibility and Reasons For Leave. A “public agency,” such as a town, is automatically treated as an employer under the federal Family and Medical Leave Act regardless of the number of employees it has. However, under federal law an employee still has to be an “eligible employee” in order to receive a leave under federal law. Nevertheless, the Town of Holden will apply provisions of the federal Family and Medical Leave Act even though at the date of the adoption of this policy, the Town of Holden had fewer than 50 employees.

The Town of Holden will provide an unpaid leave of absence for up to twelve (12) weeks in a twelve (12) month period if you have been employed by the Town during the twelve (12) months preceding the beginning of the leave for 1250 or more hours. The twelve (12) month period will be measured backward from the date you apply to use leave under this policy. A family medical leave may be requested for any one of the following reasons:

· You are unable to perform the functions of your job because of a serious health condition (whether due to a work or non work related accident or illness);

· To care for your spouse, son, daughter or parent with a serious health condition.

Briefly stated, a “serious health condition” is a condition which requires in-patient care at a hospital, hospice, or residential medical care facility, or a condition which requires continuing treatment by a health care provider.

If the leave is for your own serious health condition, you will be required to use any available sick leave time. If the leave is to care for a spouse or child, you will be required to use any available sick leave time in accordance with the provisions of Section 112.

Your eligibility for FMLA relating to the birth or placement of a child expires twelve (12) months after the child's birth or placement.

An employee who has been employed for twelve (12) or more consecutive months but works fewer than 1250 hours a year may be eligible for a leave under the Maine Family Medical Leave Act. Please see the Administrative Assistant for Financial Operations for more information. An employee eligible for such leave will be responsible for paying the full cost of any health insurance premiums during such leave.

114.1.2 Requesting a Family or Medical Leave. A request for a family medical leave must be presented to the Administrative Assistant for Financial Operations in advance of the requested leave, unless prevented by a medical emergency from making such a request. This request must include the intended date upon which the leave would commence and the intended date of return (if it is known).

If the leave is based on the birth or placement of a child, you must make a request for a leave of absence not less than thirty (30) days before the leave would begin. If the birth or placement requires leave to begin in less than thirty (30) days, you must provide as much notice as practicable.

If the leave is based on planned medical treatment, you must also make a reasonable effort to schedule the treatments so as not to unduly disrupt our operations, subject to the approval of your health care provider.

Leave will begin on the first day of absence (or partial attendance). During a leave, you may be required to report periodically on your status and intent to return to work.

114.1.3 Certification of a Serious Health Condition. When the reason for the leave involves a serious health condition of you, your child, spouse or parent, you will need to provide, prior to your leave (or in a timely manner), certification from a healthcare provider. We will provide the form for your healthcare provider to complete.

114.1.4 Return to Work. If you return to work on or before the expiration of your leave you will be returned to your same or an equivalent position. If additional leave time is granted beyond the 12 week period, then this leave time will be on a non Family and Medical Leave Act basis. Leaves exceeding twelve (12) weeks will be granted in accordance with Section 114.5 our “Other Leave” policy. Failure to return upon expiration of any leave will result in termination.

114.1.5 Benefits While on Family Medical Leave. While you are on an approved family medical leave, we will continue your group health insurance benefits at the same level and under the same conditions as if you had continued to work, unless you choose not to retain coverage. Group, life and disability insurance will also be continued on the same basis as our group health insurance.

Other benefits like vacation, sick time and holidays will not accrue during an FMLA.

114.2 Military Duty. In accordance with applicable federal and state laws, an employee called to active military duty or to Reserve or National Guard training, or who volunteers for such duty or training, will be granted military leave. In order to plan for staffing needs, the employee should provide the Town Manager with as much advance notice as possible of the need for the military leave. In addition, the employee must provide the Town Manager with a copy of the order from the military authority that details the beginning and the concluding dates of the military training or service. An employee returning from military leave is eligible for reinstatement in accordance with state and federal requirements.

114.3 Bereavement Leave. Full and part-time employees may be excused from work for up to three (3) working days because of death in their immediate family as defined below and shall be paid their regular rate of pay for the scheduled work hours missed. Immediate family is defined to mean spouse, parents, children, brothers, sisters, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandfather, grandmother, grandchildren, stepfather, stepmother, or other relative living in the same household of the employee. The Town Manager may grant one paid day’s leave for an employee to attend the funeral of persons not covered under the above definition.

114.4 Jury Duty Leave. The Town shall pay an employee called for jury duty the difference between his/her regular pay and his/her juror's pay upon presentation of an official statement of jury pay received. An employee excused from jury duty must report back to work if more than two hours remains in his/her normal workday.

114.5 Other Leave. Emergency leave or other leave may be granted to a full or part-time employee who has completed their probationary period, at the discretion of the Town Manager. A leave may be granted for up to30 days, with up to two 30 day extensions. A request for a leave under Section 114.5 must be presented to the Administrative Assistant for Financial Operations in advance of the requested leave. This request must include the dates for the leave and supporting medical certification if appropriate. The employee will be responsible for 100% of the cost of insurance coverage for any leave granted under this Section. Benefits like vacation, sick time and holidays will not accrue during the leave.

114.6 Outside Employment. With the exception of an employee who is working for the military on a leave for Military duty, an employee who is on any other leave of absence (paid or unpaid) may not work for another employer or for themselves.

115.1 The Town of Holden has adopted a Flexible Benefit Plan (Section 125 Cafeteria Plan) and a Medical Reimbursement Account Plan that provide pre-tax dollars for such benefits as health, dental and income protection insurance. Please see the specific plan documents for further information on these plans.

115.2 The Town of Holden participates jointly with employees in Social Security payments. Participation is mandatory per federal law. Benefits include a retirement feature, survivor’s benefit payments if death occurs before retirement, disability insurance and Medicare coverage.

115.3 The Town of Holden provides retirement benefits in the form of a 401(a) Money Purchase Plan and Trust and a 457 Deferred Compensation Plan for employees and their beneficiaries pursuant to the plan documents. Please see the documents and summary plan descriptions for specific information on eligibility and benefits.

115.4 From time to time the Town Council will review the employee benefits offered and may vote to make revisions where appropriate.

16.1 Mileage. A mileage allowance equal to the State of Maine reimbursement allowance or such other amount as determined by the Town Council shall be paid to employees for use of their personal vehicles on Town business. The employee’s supervisor must authorize use of a personal vehicle.

116.2 Meals, Lodging, Telephone. An employee shall be entitled to reimbursement for reasonable expenses necessitated by the performance of duties as a Town employee.

116.3 Uniforms. The Town shall provide uniforms to employees required to wear uniforms as part of their employment. The Town Manager shall determine the uniforms and service facilities to be provided.

116.4 Training. Employees required or approved to attend seminars or training courses may be eligible for expenses incurred for the same.

117.1 All work-related accidents, no matter how minor, must be reported immediately to the Department Head and a written report will be made on forms prepared for that purpose.

117.2 Any employee who suffers an injury while working that requires medical attention will be sent to a doctor for examination at the Town's expense. Time lost because of accidents incurred while on duty will not be deducted when computing length of service.

While working for the Town, employees shall refrain from seeking or accepting nomination or election to any office in the town government and from using their influence publicly in any way for or against any candidate for elective office in town government. They shall not circulate petitions or campaign literature for Town Officials on election day, or be in any way concerned with soliciting or receiving subscriptions, contributions, or political service from any person for any political purpose pertaining to the government of the Town. This rule is not to be construed so as 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.

119.1 A grievance, for purpose of this policy, shall be defined as any controversy, complaint, misunderstanding or dispute between any employee and the Town concerning the interpretation or application of the terms of this policy. Every reasonable effort shall be made by the parties involved to arrive at a fair and equitable resolution of every grievance prior to resorting to this grievance procedure. If this is found to be impossible, any employee who deems herself/himself aggrieved will have recourse to a hearing providing the procedure is followed in the following manner:

119.1.1 Step 1: Present your grievance in writing within seven (7) days of knowledge or occurrence of the grievance to your department head or immediate supervisor. The department head shall submit a written answer to the grievance within seven (7) days of the receipt of the grievance. The department head shall submit a copy of each of these documents to the Town Manager at the same time as responding to the employee.

119.1.2 Step 2: If the answer of the department head does not satisfactorily resolve the complaint, the employee may submit the grievance in writing to the Town Manager within seven (7) days of the supervisor's response. The Town Manager, will meet to discuss the grievance with the employee, and may meet to discuss the grievance with other individuals as appropriate. The Town Manager will submit a written answer to the grievance within fourteen (14) days of the receipt of the grievance. If the grievance is not resolved at this step, the employee may submit the grievance, in writing, to Step 3 within seven (7) days of the Town Manager’s decision.

119.1.3 Step 3: The employee may request in writing to the Town Manager that the grievance be referred to the Town Council for hearing. The Town Council shall hold a closed hearing with the employee, the department head, or supervisor, and the Town Manager within twenty-one (21) days of the receipt of the grievance at Step 3. The Town Manager shall respond in writing within fourteen (14) days of the hearing as to the decision of the Town Council.

120.1 General. The Town Manager shall have the right to discipline, demote, dismiss, or suspend with or without pay, any employee whose work performance or conduct, in the judgment of the Town Manager, justifies such action.

120.2 Dismissal. The Town Manager may delegate to a Department Head the authority to take any action set forth in Section 120.1 above except the dismissal of an employee. A Department Head may recommend to the Town Manager the dismissal of an employee.

120.2.1 The Town Manager shall hold a pre-termination meeting with an employee prior to any decision to terminate employment. The Town Manager shall discuss with the employee the work performance or conduct that may be grounds for termination.

120.2.2 Notice of any action against an employee must be in writing and filed with the employee, not later than the effective date of such action. The notice shall specify the penalty and contain a statement of the reason or reasons for the action.

120.2.3 An employee shall have the right of appeal as outlined in the grievance procedure in Section 119.1.3, Step 3.

120.3 Layoff. An employee may be laid off at any time by the Town Manager, for lack of work, elimination of the position or lack of funds. All employees must be furnished a statement, in writing, setting forth the reasons for the lay-off.

All employees resigning from the service of the Town shall give a reasonable written notice, normally two weeks, but at least one work week shall be required. The notice of resignation shall be in writing.

122.1 Harassment in the workplace is not only against the policies of the Town of Holden but it is also against the law. All of us should be able to work in an environment free of illegal harassment, and unlawful discrimination. While harassment affecting employment is most commonly thought of as sexual, it can also relate to an employee’s race or color, sexual orientation, physical or mental disability, religion, age, ancestry or national origin, or other status protected by law.

1. Abusing the dignity of an employee through insulting or degrading sexual remarks or conduct.

2. Threats, demands, or suggestions that an employee’s work status is contingent upon the

3. Other sexually harassing conduct in the workplace, whether committed by a supervisor, co-worker, vendor, or other person. This may include: Offensive sexual flirtations, advances, or propositions Verbal abuse of a sexual nature; Graphic, verbal comments about an individual’s body; Sexually degrading words used to describe an individual; The display of sexually suggestive objects or pictures; Unwanted hugs, touches or kisses.

The Town of Holden prohibits the illegal harassment of its employees in any form. Such conduct may result in disciplinary action up to and including suspension or dismissal.

122.2 Supervisors and managers are responsible for monitoring behavior which can be construed to be harassment or discrimination and for initiating necessary action to eliminate such behavior. Any employee who believes that he or she has been the victim of sexual harassment, or any other kind of harassment or discrimination, or who has knowledge of that kind of behavior, is urged to report such conduct immediately to the Town Manager or the Administrative Assistant.

122.3 The Town of Holden is committed to promptly investigating each complaint and determining its merits and the appropriate action to be taken. In the event it is determined that harassment or discrimination has occurred, appropriate disciplinary action will be taken which may include suspension, demotion or termination of employment. Confidentiality will be maintained to the extent practical and appropriate under the circumstances. Upon completion of the investigation, the investigator will communicate the findings to the complainant and alleged harasser.

122.4 No employee will be subject to any form of retaliation or discipline for pursuing in good faith a harassment or discrimination complaint or for participating in the investigation of any such complaint.

Smoking is not permitted in any municipal building or in any Town vehicle which is regularly used by more than one employee or which may be used to transport members of the public.

While the Town of Holden intends to promote maximum creativity and flexibility for legitimate business use of our computer system, we must also be concerned with maintaining network security and limiting its exposure to damage from external sources. Uses which have no legitimate business purpose must be limited. Illegal or unethical use is prohibited, and can be grounds for disciplinary action including termination and legal sanctions under federal, state or local laws.

124.1 Computer users should understand that e-mail and Internet activities on our network are not private. All messages on the e-mail system are considered the property of the Town. We reserve the right to monitor e-mail, including those on personal e-mail accounts and Internet use on workplace computers and disclose them to others.

124.2 Although the computer network is intended for business use, incidental personal use of e-mail and the Internet while at work is permissible so long as:

b) It does not interfere with your job performance or the productivity of other employees.

c) It does not interfere with or interrupt the services provided to the Town or its citizens.

a) Using the Internet or e-mail for any illegal or unethical purpose, or in violation of our harassment policy.

b) Visiting Internet sites that contain illegal, obscene, pornographic or hateful content.

c) Sending obscene, defamatory or harassing e-mails or other electronic communications.

f) Making or posting indecent remarks, proposals, or materials on the Internet in e-mail or by way of other electronic communication.

g) Uploading, downloading, copying or otherwise transmitting commercial software or any copyrighted materials without the approval of the system administrator.

h) Downloading software from the Internet without prior approval of the system administrator.

124.3 All access to our computers and PC systems is controlled by user ID’s and passwords. Passwords are to be regularly changed and must be kept strictly confidential, and not shared with others except as authorized.

It is the intent of this policy to cover most aspects of employment but, the Town Council and Town Manager welcome constructive suggestions from employees which might help to improve working conditions or policies. Suggestions are also most welcome and encouraged which might render better service to the taxpayers or help cut down unnecessary time, work and supply costs.

Polices

Personnel policy

Veteran’s Day

Thanksgiving Day and Day After

½ Day Christmas Eve

Christmas Day