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Sec. 2-94. Separation.
   (a)   Types. All separations of employees from positions in the service of the town will normally be designated as one of the following types and will normally be accomplished in the manner indicated: Resignation, reduction in force, disability, voluntary retirement, unavailability, dismissal or death.
   (b)   Resignation and notice. An employee may resign by submitting in writing to his/her immediate supervisor the reasons for resignation and the effective date as far in advance as possible. The minimum notice requirement is two weeks, unless, by agreement prior to employment or promotion, a longer period has been specified. Failure to provide minimum notice shall result in payment for accumulated vacation leave being forfeited, unless the notice is waived upon recommendation of the department director and approval of the town manager. Employees may not use leave in lieu of a notice. Three consecutive days of absence without reporting in the manner required by the department director may be considered to be a voluntary resignation without minimum notice.
   (c)   Reduction in force.Reduction in force may include deletion of a specific position or positions or overall reduction of town staffing. Where specific positions are no longer needed by the town, the incumbents, if any, shall be subject to the reduction in force. In the event that an overall reduction in force becomes necessary, primary consideration shall be given to organizational needs, as well as the quality of each employee's past performance, conduct, and seniority, in determining those employees to be retained. The town will determine how to weigh these factors in order to best serve the needs of the town. Employees who are laid off because of a reduction in force shall be given at least 30 days' notice of anticipated layoff. No employee shall be separated while there are temporary employees serving in the same class in the department, unless the employee is not willing to transfer to the position held by the temporary employee. An employee who has been reduced in force may be considered for internal job listings for a period of two years.
   (d)   Disability. An employee who cannot satisfactorily perform the essential functions of a job because of a physical or mental disability may be separated. If requested by the employee, the town and employee must first fully explore reasonable accommodation(s) which might permit the employee to resume satisfactory performance. Reasonable accommodation may include transfer to a different position. Action may be initiated by the employee or the town, but, in all cases, it must be accompanied by medical evidence acceptable to the town manager. The town may require an examination, at the town's expense, performed by a physician of the town's choice.
   (e)   Voluntary retirement. An employee who meets the conditions set forth under the provisions of the state local government employees retirement system may elect to retire and receive all benefits earned under the retirement plan.
   (f)   Unavailability when leave is exhausted. An employee may be separated if he/she becomes or remains unavailable for work after all applicable leave and benefits (not including COBRA) have been exhausted and management, for sufficient reasons, does not grant leave without pay.
   (g)   Dismissal. An employee may be dismissed in accordance with the provisions and procedures of this article.
   (h)   Effective dates. Resignations and dismissals shall normally be effective the last day actually worked. The effective date of these separations may not be a holiday, a vacation day, or a compensatory leave day; however, the effective date of separation for employees who are not returning from short-term disability, sick leave, or leave without pay or similar status will be determined individually. The effective date for an employee who dies shall be the date of death.
(Code 1982, § 2-70; Ord. No. 91-5, § 1, 2-28-1991; Ord. No. 95-007, § 1, 1-26-1995; Ord. No. 96-010, § 1, 10-24-1996; Ord. No. 98-003, 5-28-1998)