(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)