(A) Demotions. An employee may be demoted to a position of lower class for which he or she is qualified when:
(1) The higher position is abolished, there is a lack of funds, or another employee returns to work from authorized leave;
(2) The employee is not able to perform satisfactorily;
(3) An employee voluntarily requests such demotion; and
(4) The action is disciplinary.
(B) Suspensions.
(1) In the interests of good discipline, a department head may recommend, and the Town Council may approve the suspension, without pay, of a town employee.
(2) An employee who is suspended shall be furnished with a written statement of the reasons for his or her suspension, and a copy shall be made a permanent part of his or her employment record. The employee may contest the suspension.
(C) Layoffs.
(1) Employees are laid off either because of lack of work or funds or because of a change in organization of the town’s job force. Separation, transfer, or demotion due to layoff does not reflect discredit upon an employee.
(2) The procedure for a layoff is as follows.
(a) When a need for a layoff arises, the Town Council shall inform the department head concerned of the number of jobs which shall be vacated in his or her department.
(b) The department head shall recommend to the Town Council the jobs which he or she thinks should be vacated and shall recommend the employees to be separated, transferred, or demoted because of layoff.
(c) After receiving the recommendations, the Town Council shall inform the department head of the jobs which are to be vacated, and of the employees who shall be separated, transferred, or demoted.
(D) Layoff plan. These factors as determined by the Town Council shall govern each departmental
layoff.
(1) Temporary employees are to be separated before emergency, probationary, or permanent employees on each department are separated.
(2) Emergency employees are to be separated before probationary or permanent employees on each department are separated.
(3) Probationary employees are to be separated before permanent employees on each department are separated.
(4) If a job of a comparable nature is open, a permanent employee shall be transferred or demoted rather than separated.
(5) Among employees of equal appointment status, ability, and caliber of past service shall be the primary consideration on selecting employees will be the last to be transferred, demoted, or separated.
(6) If ability and caliber of past service are equal, the employee with the highest seniority in the department shall be the last to be transferred, demoted, or separated.
(7) SENIORITY means an employee’s length of continuous service with the town as of his or her last date of hire. If more than one employee has the same date of hire, then attendance records shall be considered.
(8) No new employee may be hired until laid off permanent employees have been considered for re-employment. Any personnel so laid off shall receive ten working days’ notice in writing.
(E) Voluntary and automatic resignation.
(1) An employee should give two weeks’ notice in writing of resignation to his or her supervisor who shall submit the notice to the department head who shall submit the notice to the Clerk-Treasurer and the Town Council. A copy shall be placed in the employee’s personal file.
(2) Unexcused failure to return to work at the time specified when a leave or vacation has been granted shall be considered an automatic resignation, with the resignation effective the day the employee should have returned. The employee shall have three days frown scheduled date of return to report for work and justify his or her absence before automatic resignation shall take effect, however.
(F) Separation.
(1) Any employee may be separated from the town’s service for any of, but not limited to the following causes:
(a) Failure to support the welfare of the employing agency;
(b) As a result of disciplinary procedures;
(c) Lack of work or funds in the employing agency;
(d) Resignation;
(e) Retirement;
(f) Physically unqualified;
(g) Failure of a probationary employee to meet the standards required for continuous employment;
(h) Failure to return to work from authorized leave or to report for work within a three- day work period without a reasonable excuse as determined by the department head; or
(i) Death.
(2) The last day that an employee actually worked shall be the separation date. The department head shall notify the Town Council of the separation of an employee and the reason for separation, in the event that the separation is not a result of a proceeding in which the Town Council is involved and would, therefor, already have been given notice. The department head shall facilitate the computation of wages and fringe benefits accruing to the employee.
(G) Reinstatement and service credit of separated employees.
(1) If it is in the best interest of the town, any separated employee may be reinstated to fill a vacant job.
(2) A former permanent employee who is reinstated within 90 days following a military leave shall retain all service credit and seniority earned prior to and during his or her military leave.
(3) Any former employee who is reinstated for any reason other than leave of absence shall be reinstated as a probationary employee and shall lose all service credit and seniority earned prior to the separation, with the exception of the time earned with the Public Employees Retirement Fund.
(H) Grievance procedures.
(1) Any employee who has a grievance shall take it in writing to his or her department head or supervisor.
(2) The department head or supervisor will try to resolve the grievance. If it cannot be resolved, the department hear or supervisor will turn the grievance over to the Clerk-Treasurer and the Town Council.
(3) The Town Council will set a hearing for such grievance.
(4) The Town Council has final decision.
(Ord. 4, 1998, passed 3-25-1998)