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(A) The town shall recruit and hire without regard to race, color, creed, religion, age, sex, national origin, or physical or mental disability. When employment vacancies occur, preference may be given to current town employees who possess the qualifications necessary to fill the vacant position.
(B) If, in the judgment of the town, a job cannot be filled by promotion from within, recruitment will be handled in the following manner.
(1) Advertisements relating to job openings in area newspapers or other publications, utilization of other available media including radio, public notice, or utilization of employment security services may be used to obtain applicants. Advertisements shall include the statement, “an equal opportunity employer”, or such other solicitation as the Town Council deems appropriate and consistent with the above-stated policy.
(2) The town will screen each applicant for a particular position using the following criteria, except where said criteria cannot be shown to be job-related or constitutes a violation of state or federal law:
(a) Prior job-related work experience;
(b) Education;
(c) Work history or experience;
(d) Physical ability required for the position;
(e) Applicant’s ambitions and goals;
(f) Special qualifications, licenses, or certification required by the position;
(g) Unusual circumstances in the applicant’s personal history; and
(h) Compliance with applicable law.
(3) No applicant will be hired who is a relative of a current town employee, Town Council member, or Clerk-Treasurer. RELATIVE shall include spouses, parents, siblings, aunts, uncles, nieces, nephews, and in-laws. Should current town employees marry during their employment with the town, the town may request one of said employees to resign. In no event shall a relative be allowed to supervise a relative employee.
(4) The town reserves the right to verify, by background check, information given by an applicant as to job history, education, experience, qualifications, and criminal record. Applicants will be required to sign a consent to background check to be considered for the job.
(5) The town may require an employee to maintain residence in the town as a condition of employment if such residence is essential to the conduct of the employee’s job.
(6) (a) A probationary employee is given a trial working period which is part of the selection process, during which time the employee’s work and conduct shall be under close observation for the purpose of determining his or her suitability and qualification for regular employment in the position. During this period of time, the employee will be considered a probationary employee.
(b) The probationary period for non-police employees shall last for a duration of 90 work days. During the 90-day probationary period, the employee’s supervisor shall observe the employee’s performance and evaluate and report to the Town Council in writing his or her observations concerning the probationary employee. The Town Council may discharge or remove an employee at any time during the probationary period when it determines that the employee is unable or unwilling to perform the duties of the position in a satisfactory manner, or that the employee’s habits and dependability do not merit continued employment, or where an error or misrepresentation was made in the application process. No matter or action concerning the discipline, lay-off, or termination of a probationary employee shall be subject to the employee grievance procedure.
(c) The probationary period for police employees shall last for a period of one year.
(d) An employee serving a probationary period following a promotion from within shall be considered a regular employee.
(e) Probationary employees are entitled to reserve and national guard duty leave without pay, bereavement leave without pay, civic leave, and leave without pay as defined in § 32.22; however, the sections covering paid vacations, personal time off, leave, reserve or national guard duty, and maternity leave, do not apply to probationary employees.
(f) If it is necessary for an employee to obtain certification for his or her position, the required certification must be timely obtained within the time frame and requirements of the certification.
(7) (a) TEMPORARY EMPLOYEES are employees whose employment with the town is anticipated to be of comparatively short duration or time. An employee who gained employment with the town via a federal, state, or county program designated to provide emergency and/or short-term employment shall be considered a temporary employee.
(b) Sections of this subchapter concerning vacation, personal time off leave, reserve or national guard duty, maternity leave, bereavement leave, and holiday pay shall not apply to temporary employees, except as provided by state or federal law. Temporary employees may be granted leave without pay only because of extraordinary reasons sufficient in the opinion of the Town Council to warrant such leave of absence.
(8) (a) A REGULAR EMPLOYEE is one who has been retained in his or her assigned job following the initial 90-day probationary period. Regular employees will be evaluated at least once a year by their department supervisors on forms provided therefor. Department supervisors shall be evaluated at least once annually by the Town Council on forms provided therefor.
(b) Regular employees shall be entitled to the rights and benefits set forth in this subchapter.
(c) All employees of the town shall be expected to perform the duties, tasks, and responsibilities as set forth in the individual job descriptions adopted by the town.
(9) The Town Council shall review the compensation levels of all employees at least annually.
(Ord. 1996-17, passed 8-20-1996)
(A) The town’s workday shall be a period of 24 hours commencing and ending at midnight. The workweek shall consist of seven consecutive days beginning 12:01 a.m. Monday morning. Employees will normally be expected to work eight hours during the workday and 40 hours during the workweek. However, the Town Council may require certain employees to work fewer hours. This provision shall not be construed as a guarantee of hours of work or pay. Actual hours of employment shall be established with flexibility by the department supervisors subject to review by the Town Council.
(B) Each employee is expected to observe his or her assigned hours of work. If an employee will be delayed or absent from work for any reason, advance notice shall be given to his or her supervisor. After an employee has been absent from work and is ready to return to work, he or she shall notify his or her supervisor at least 24 hours in advance. Tardiness will result in a loss of pay to the nearest quarter hour. Salaried employees shall have their salary prorated on an hourly basis for the purposes of this division (B).
(C) There shall be a mandatory lunch break in the eight-hour work period of at least 30 minutes. This lunch break shall be unpaid. Employees shall be allowed one 15-minute rest break for every four hours of work. Such break shall not interfere with current work in progress.
(D) The department supervisors shall keep accurate records of the hours and the times that employees report to work, the number of hours an employee works during the day, and the number of days an employee works during the week. No overtime shall be allowed unless approved by the department supervisor.
(E) A non-police employee who actually works more than 40 hours during the workweek shall be compensated for every hour worked over 40 at the rate of one and one-half times the hourly rate for his or her position. The Clerk-Treasurer is hereby authorized to pay amounts documented as overtime in excess of 40 hours actually worked per week.
(Ord. 1996-17, passed 8-20-1996)
(A) An employee shall receive his or her regular pay for each of the below-listed holidays: New Year’s Day; any national, state, or town primary election; Memorial Day; Independence Day; Labor Day; any national, state, or town general election; Thanksgiving Day; and the day after Christmas Day.
(B) If any of the listed holidays in division (A) above falls on a Saturday, the holiday will be observed on the immediately preceding Friday. If any of the listed holidays in division (A) above falls on a Sunday, the holiday will be observed on the immediately succeeding Monday.
(C) If an employee is required to work on any of the listed holidays in division (A) above, he or she shall be paid his or her regular compensation and in addition thereto shall be paid up to eight hours of additional compensation at his or her regular pay rate; provided, however, that said employee shall have worked the immediately preceding scheduled workday prior to said holiday and the next succeeding scheduled workday subsequent to said holiday, unless previously excused for vacation leave or an excused illness. Hours worked on holidays over eight hours shall be paid as overtime.
(Ord. 1996-17, passed 8-20-1996)
(A) After completion of one full year of regular employment with the town, an employee shall be entitled to five workdays of vacation leave with pay during the year. After completion of three full years of regular employment with the town, an employee shall be entitled to ten workdays of vacation leave with pay during a year. After completion of ten full years of regular employment with the town, an employee shall be entitled to 15 workdays of vacation leave with pay during the year. Vacation leave must be used by the end of the calendar year and any unused vacation leave may not be accumulated from year to year, with the exception that in 2021, due to the COVID-19 crisis, ten days of vacation may be carried over to the 2022 calendar year. Vacation leave for employees working less than 40 hours per week shall be paid pursuant to the above guidelines on a pro-rata basis. The Clerk-Treasurer shall issue paychecks for vacation pay at the regularly scheduled pay dates.
(B) If an employee dies, resigns, or is terminated on or after his or her anniversary date of employment, the employee shall be entitled to payment for accrued vacation leave.
(C) Vacation leave shall be scheduled and approved by the department supervisor in advance and in accordance with the town’s needs, and with regard to the employee’s job seniority within the particular department in which said employee works. The Town Council shall make every attempt to respect the vacation requests of the employees consistent with those needs. Department supervisors shall notify the Town Council as to proposed vacation leaves.
(Ord. 1996-17, passed 8-20-1996; Ord. 2021-7, passed - -)
(A) Personal time off. Personal time off leave consists of six days per year, accrued at the rate of one work day for every two months of employment with the town. These days may also be used as sick days. Personal time off leave days must be used by the end of the calendar year and may not be accumulated from year to year. Compensation for personal time off leave days will be at the employee’s current pay rate. If an employee dies, resigns, or is terminated on or after his or her anniversary date of employment, the employee shall be entitled to payment for accrued personal time off leave. Conversely, if an employee has used his or her personal time off prior to its accrual, then said unearned, unaccrued personal time off will be deducted from the employee’s final pay check.
(B) Reserve or national guard duty. Any employee who serves as a member of any reserve component of the armed forces of the United States shall be entitled to leave while he or she is engaged in performance of his or her official duty or training. While on such leave, he or she shall be paid his or her regular pay, less his or her military pay received, for a maximum of ten working days in any one calendar year. To receive compensation an employee must, upon return to employment, present certification from the employee’s commanding officer of the performance of the duty.
(C) Bereavement leave. If there is a death in the employee's immediate family (defined to be the employee's spouse, child, step-child, parent/step-parent or spouse's parent/step-parent), leave with pay for the attendance of necessary funeral matters will be allowed, provided that the total absence from work does not exceed three consecutive calendar days. If there is a death in the employee's non-immediate family (defined to be brother/sister, spouse of a brother/sister, child of a brother/sister, spouse of a child, grandparent, or grandchild), the employee shall be entitled to leave with pay for one day for attendance of necessary funeral matters.
(D) Maternity leave. An employee who is unable to work because of pregnancy, delivery and recent confinement, or other pregnancy-related cause shall, upon the employee’s request, be granted up to 12 weeks of leave without pay. However, all approved personal time off leave and vacation leave days will be applied to the maternity leave for purposes of pay.
(E) Civic leave.
(1) An employee who is required to serve as juror shall be excused from work for the days on which he or she serves and shall receive, for each such day of said service on which he or she otherwise would have worked, his or her regular pay. The employee shall present proof of service (summons) and the amount of payment received from the Clerk of the Court. If an employee is released from jury duty by the court prior to his or her regularly scheduled lunch hour, he or she shall report to work within one hour after being released by the court.
(2) An employee who serves as personnel for emergency services shall be paid for performing said services during the employee’s scheduled workday. However, town employees shall not leave his or her town duties if:
(a) He or she is the sole employee working at his or her respective utility plant;
(b) His or her absence will leave or create a hazardous condition for the town; or
(c) There exists an emergency situation involving the town.
(F) Leaves of absence. An employee may, upon application in writing and upon approval of the Town Council, request a continuous leave of absence without pay for a period not to exceed three months for any of the following reasons:
(1) Physical disability of the employee;
(2) The employee is entering a course of training or study for the purpose of improving the quality of his or her service to the town or of fitting himself or herself for promotion, in which case 30 days prior notice is required; or
(3) Other extraordinary reasons warranting such leave, subject to determination by the Town Council.
(Ord. 1996-17, passed 8-20-1996; Ord. 2022-1, passed 5-17-2022)
(A) Non-police employees of the town are considered at-will employees, may be dismissed or discharged for any reason, and serve at the pleasure of the town. The Town Council, however, realizes that the discipline, discharge, or dismissal of regular non-police employees should be for good cause or the best interests of the town as determined by said Town Council. GOOD CAUSE includes, but is specifically not limited to the following: insubordination, neglect of duty, excessive absenteeism, immoral conduct, continuing incapacity, theft, use of illegal drugs or alcohol while on duty, commission of a criminal act involving dishonesty or moral turpitude, or other like instances of misconduct.
(B) The town may discipline, dismiss, or discharge non-police employees without prior notice to said employee other than that the matter will be acted upon at the next Town Council meeting. An employee may, within three days of said notice, request to meet in executive session with the Town Council to review the matter. Failure to request said executive session shall constitute waiver of all claims of illegal or wrongful dismissal, discharge, or termination. Employees who are dismissed or discharged are entitled to all accrued vacation leave and personal time off leave pay, as defined in §§ 32.21 and 32.22, as of the date of said dismissal or discharge.
(C) When the Town Council determines that disciplinary action with respect to a minor breach is appropriate, it shall issue an oral warning to the employee for a first breach or a written reprimand for any second breach, which shall become part of said employee’s personnel file. After the second breach, more severe disciplinary action including reduction in pay, demotion, suspension, dismissal, or discharge may be taken for any further breach of discipline. The Town Council shall maintain written copies in the employee’s personnel record of all disciplinary, dismissal, or discharge actions taken against the affected employee.
(D) To resign in good standing, an employee must submit his or her resignation in writing through his or her department supervisor with at least two weeks’ prior notification before the effective date of resignation. Employees who resign in good standing are entitled to all accrued vacation leave and personal time off leave pay, as defined in §§ 32.21 and 32.22. An employee who is absent for three consecutive workdays without prior notification to his or her department supervisor or without a valid reason being provided upon request of the Town Council, and who has no legitimate reason for not notifying the town of his or her absence, may be considered as having resigned.
(E) Employees may be laid-off or demoted by reason of lack of work or funding, or by the abolishment of the employee’s position. The order in which employees are laid-off or demoted shall be determined in accordance with the interests and efficiency of public operations as determined by the Town Council. Insofar as practicable, the Town Council will give at least one week’s advance notice of such lay-offs or demotion. Employees who are laid-off are entitled to all accrued vacation leave and personal time off leave pay, as defined in §§ 32.21 and 32.22.
(Ord. 1996-17, passed 8-20-1996)
An employee who feels that he or she has been unfairly treated regarding his or her employment with the town should:
(A) Step one. Present the grievance orally to his or her department supervisor within seven working days of the occurrence of the action giving rise to the grievance. The supervisor shall meet with the employee and make every effort to resolve the grievance within three working days of the date of presentation of the grievance to the supervisor. The supervisor shall respond orally to said employee in regard to the grievance;
(B) Step two. If the grievance has not been satisfactorily resolved by step one, a written detailed appeal may be prepared, dated, and signed by the employee and presented to the employee’s department supervisor within three working days after receipt of the supervisor’s oral response, as set forth in step one. Upon receipt of the written appeal, the supervisor shall attempt to resolve the grievance and shall reply in writing to the employee within five working days of the date of presentation of the written appeal to the supervisor; and
(C) Step three. If the grievance has not been satisfactorily resolved in step two, the written appeal, all pertinent correspondence, and the supervisor’s written response may be presented to the Town Council within five working days of the employee’s receipt of the written reply from step two. An investigation shall be conducted by the Town Council and a written final decision shall be made within ten working days of the date of presentation of the written appeal to the Town Council. The decision of the Town Council shall be deemed final and binding upon both parties. Failure of an employee to submit his or her appeal within the time limits specified herein will result in the town considering the matter as settled and resolved.
(Ord. 1996-17, passed 8-20-1996)
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