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Village of Carthage, NY
Jefferson County
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Table of Contents
Table of Contents
Any member of the Village Board may suggest a policy for adoption or amendment, or may propose that an existing policy be deleted. All such suggestions or proposals shall be submitted, in writing, to all members of the Village Board, to the Village Clerk and to the Village Attorney, prior to a scheduled meeting of the Village Board in which it is intended that such suggestions or proposals be discussed. If the Village Board deems the matter under discussion to be of sufficient urgency, action of the suggestions or proposals may be taken at the meeting at which they are first discussed. Otherwise, action will be taken at the next following regular meeting.
A. 
Regular meetings of the Village Board will be at 6:00 p.m. on the third Monday of each month, unless waived by resolution of the Village Board. In the case of a Monday holiday, the meeting will be held on the next evening, Tuesday.
[Amended 1-17-2017 by L.L. No. 2-2017]
B. 
A special meeting may be called by the Village President, either at his or her discretion or at the written request of a least two Village Board members, or upon a majority vote of the Village Board. Due notice of such special meetings shall be given to members of the Village Board and to the public at least 72 hours prior to such meeting. The 72 hours provision may be waived in an emergency.
C. 
A majority of the Village Board may declare an executive session provided such vote is taken in an open meeting and provided the motion for an executive session identifies the general area or areas of the subject or subjects to be considered. Executive sessions may be called only for the following purposes:
(1) 
Matters which would imperil public safety if disclosed
(2) 
Any matter which may disclose the identity of a law enforcement officer or informer.
(3) 
Information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed.
(4) 
Discussions regarding proposed, pending or current litigation.
(5) 
Collective or individual negotiations.
(6) 
The medical, financial, credit or employment history of any person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of any person or corporation.
(7) 
The proposed acquisition, sale or lease of real property, but only when publicity would substantially affect the value of the property.
D. 
Members of the Village Board, and any other person or persons designated by the Village Board, may attend executive sessions.
E. 
Upon motion, an executive session will be adjourned by vote of the Village Board. If a matter discussed in executive session is deemed by the Village Board to require action, such action will be taken in open session, and a record or summary of such action will be recorded in the minutes; provided, however, that such summary shall not include any matter which is not required by the Freedom of Information Law to be made public.
F. 
Informal meetings of the Village Board may be called work sessions, study sessions or committee meetings. No official action may be taken at such a meeting, and no minutes are required. Other persons may attend such meetings at the invitation of the Village Board.
G. 
Actions of the Village Board may be taken only in official Board meetings.
H. 
Prior to each regular or special Village Board meeting, the Village Clerk will mail to Village Board members a copy of the minutes of the previous regular meeting and or any special meeting that has occurred in the interim, together with an agenda for the next meeting, and such other materials as may be requested by the Village President. The agenda will be prepared by the Village Clerk and the Village President. Any member of the Village Board may have an item placed on the agenda by requesting same.
I. 
A quorum of the Village Board shall consist of three or more members. No actions may be taken without the presence of a quorum.
J. 
All motions before the Village Board will be decided by a majority vote of those present, except in matters specifically requiring, under law, a vote of more than a simple majority.
K. 
Robert's Rules of Order shall be observed for parliamentary procedure.
L. 
The Village President shall preside at all Village Board meetings and shall have the same right as any other Board member to offer resolutions, introduce motions, discuss questions, and vote.
M. 
The Village President shall appoint an acting Village President who shall function as Village President in the absence of the President.
N. 
Village Trustees shall have no administrative power except as specifically vested by the Village Board.
O. 
On all questions called by the Village President, yeas and nays of all Village Board members will be taken and recorded. Any member may request that his or her vote be changed, provided such request is made prior to consideration of the next order of business. Any member may call for a roll call vote, and such vote shall be recorded in the minutes. Upon request, a member may have included in the minutes a statement of the reason for his or her vote.
P. 
Each member shall be afforded the opportunity to speak on any subject before another Board member has spoken twice on the same topic.
All decisions which are properly the responsibility of the Village Board shall be made by the convened Village Board, in a regular or special meeting. An exception to this rule may be made if the Village President deems that a matter of urgency requires a decision sooner than a scheduled meeting but does not warrant a special meeting. In such circumstances, the Village President may poll members of the Village Board, or cause to have them polled. The question at issue shall then be placed on the agenda of the next Village Board meeting, and its resolution shall be confirmed formally. No member of the Village Board shall respond to a poll undertaken by an unauthorized person or in an unauthorized manner. Any member of the Village Board may request the Village President to initiate a poll, but the decision to do so shall be at the discretion of the Village President. If three or more members of the Village Board request the Village President to initiate a poll, he or she shall be required to do so.
Except for Village Board members serving in a liaison capacity with various Village departments, and except for the Village Board being constituted as a committee of the whole, there shall be no standing committees of the Village Board. Special, temporary committees may be appointed by the Village President or chosen by vote of the Village Board for fact-finding, deliberative or advisory functions, or to act as liaison between the Board and other agencies, groups, organizations and individuals. Such committees will have no legislative or administrative power. The Village President may serve ex officio on any such committee.
A. 
Vacancies in offices caused other than by expiration of the terms of such offices shall be filled by the Village Board.
B. 
Vacancies in appointive offices shall be filled for the balance of the unexpired term.
C. 
Vacancies in elective offices shall be filled as follows:
(1) 
For the balance of the official year, if the vacancy occurs more than 20 days prior to the third Tuesday of the month preceding the end of the current official year.
(2) 
For the balance of the official year and, by further appointment, to the end of the next official year, if the vacancy occurs less than 20 days prior to the third Tuesday of the month preceding the end of the official year in which the vacancy occurs, and if the term does not expire at the end of the official year in which the vacancy occurs.
D. 
An elective office which has been filled by appointment for part of an expired term shall be filled for the remaining part of such term by election at the next general Village election.
E. 
A Village Trustee shall be eligible for appointment to fill a vacancy in the office of Village President. A Trustee so appointed shall be required to vacate his or her office as Trustee (Village Law § 3-312).
A. 
The Village Board shall conduct an annual organizational meeting at its first regular meeting in December of each year. At such meeting, the Board shall make appointments to the following one-year positions: Clerk/Treasurer, Deputy Clerk/Treasurer, Justice Court Clerk, Acting Court Justice, Chief of Police, Police Sergeant, Superintendent of Public Works, Assistant Superintendent, Water Treatment Plant Operator, Attorney, and Code Enforcement Officer.
B. 
The Village Board may create and fill additional positions, or delete or redefine existing positions by amending this policy in the manner prescribed in Policy No. 1 (Article II, Village Board, § A150-2). Whenever possible, job descriptions for the above positions will be attached as an addendum to this policy manual.
C. 
Also at its annual organizational meeting, the Village Board shall designate the official newspaper of the Village, and shall designate official depositories for various Village funds.
D. 
The Village President, as he or she deems advisable, shall assign particular areas of responsibility and oversight to members of the Village Board.
[Amended 2-22-2011 by L.L. No. 2-2011]
A. 
All claims for payment by the Village of Carthage Board shall be submitted on an approved claim form.
B. 
All claim forms shall be reviewed and audited by the Village Treasurer and recommended to the Village Board for payment on abstracts to be presented at each Village Board meeting.
C. 
The President of the Village of Carthage shall designate two Board members whose responsibility is to review such claims, vouchers and abstracts prior to the meeting in order to make a recommendation to the Village President at the meeting as to the payment of the same.
D. 
From time to time as requested by the Village President, the Village Clerk/Treasurer shall present to the Village Board a report for each Village fund showing the receipts to date, total disbursements to date and reconciliation with the Village budget as well as any other reports as required by the Village Board.
In the interest of more fully informing people of the Village about Village business, the Village Board:
A. 
Welcomes the attendance of representatives of the media to all open meetings of the Board.
B. 
Invites residents of the Village to attend open meetings of the Board as interested spectators, it being understood that the Board meets to carry on Village business and that its meetings are not, strictly speaking, "public meetings" but "meetings in public";
C. 
Adheres to the practice of meeting in closed or executive session only for such lawful purposes as stated in Policy No. 2 (Article II, Village Board, § A150-3);
D. 
Empowers the Village President to act as the official spokesperson for the Village in dealings with the media, or to designate Village officials who shall cooperate with representatives of the media requesting legitimate information or interviews in order to amplify, explain or analyze matters that have been discussed in open meetings of the Village Board; and
E. 
Encourages its members and other Village officials to respond affirmatively to speaking invitations from groups or organizations interested in learning more about Village affairs.
The public may have access to all Village records except those involving confidential disclosure or investigatory information, or constituting unwarranted invasion of personal privacy. The Village Clerk or, in his or her absence, the Deputy Clerk shall be the records access officer. When the records access officer is requested to make a copy of any record or records, and is able to do so, a fee as provided by state law will be charged.
In the interest of encouraging public participation in Village affairs:
A. 
The Village Board agrees to set aside a period of time prior to the beginning of each regular Village Board meeting, to which residents of the Village may address the Board on matters of Village concern. Whenever possible, it is requested that a person who wishes to be heard in the public forum portion of a meeting make known such desire by advising the Village Clerk in advance. To insure that each person who wishes to speak may have the opportunity to do so, and so as not to unduly prolong the Board meeting, the Village President shall be empowered to limit, at his or her discretion, the time allotted each speaker.
B. 
The Village Board may create a citizens' advisory committee and appoint the members thereof. The committee will choose its own officers, as it deems appropriate. The number of members of the committee and their terms of office will be indefinite. The committee shall function in an advisory capacity only, since the policy-making function of the Village Board cannot legally be delegated to another authority. Members of the Village Board shall not serve on the citizens' advisory committee, but may attend its meetings as observers and for discussion or informative purposes.
C. 
The Village Board from time to time may consult other citizens of the community knowledgeable about Village affairs or having expertise that would be helpful to the Board in resolving any problem or issue.
The Village Board shall maintain affiliations with the Jefferson County Village Boards' Association and the New York State Conference of Mayors and Other Village Officials.
In compliance with the Freedom of Information Law (Article 7, New York State Public Officers Law), as amended by Chapter 704 of the Laws of 1979, notice of any meeting of the Village Board of the Village of Carthage will be posted publicly at least 72 hours in advance of such meeting.
In addition to the procurement policy procedures in § A150-18:
A. 
All purchases must be made through a written purchase order provided by the procurement agent (the Village Clerk) by a duly authorized purchasing agent (department head). Department heads authorized to submit a request for a purchase order are: the Superintendent of Public Works; the Assistant Superintendent; the Water Treatment Plant Operator; the Wastewater Treatment Plant Operator; the Chief of Police; the Recreation Attendant and the Village Clerk.
B. 
The Village Board authorizes the Village Clerk to maintain a petty cash fund of $100 for the payment of properly itemized bills of nominal amounts and under conditions calling for immediate payment.
C. 
No Village Board members and no employee of the Village, nor any member of their families, may be interested financially in any contract entered into by the Board, nor in any purchase authorized by the procurement agent.
All claims against the Village of Carthage, submitted by the claimant and accompanied by itemized vouchers, must be presented to and acted upon by the Village Board. The Village Clerk is authorized to pay certain bills in advance of Board approval such as bills for utilities, payrolls, and bills carrying a discount. Such bills shall still be submitted for the Boards review, along with the itemized vouchers, at the second Village Board meeting of the month.
[Amended 8-15-2011 by L.L. No. 5-2011]
All checks against Village accounts must be signed by the Village President or, in his absence, the Vice President of the Village as well as the Village Clerk/Treasurer or, in her absence, the Deputy Clerk/Treasurer.
Pursuant to the authority granted it in § 4-408 of the Village Law, the Village Board of Trustees of the Village of Carthage does hereby authorize the Chief Fiscal Officer, the Village Treasurer of the Village of Carthage, to temporarily deposit or invest monies of the Village of Carthage which are not required for immediate expenditure.
A. 
Authorized investments:
(1) 
All Village funds, including proceeds of obligations and reserve funds, in:
(a) 
Certificates of deposit issued by a bank or trust company authorized to do business in New York State;
(b) 
Time deposit accounts in a bank or trust company authorized to do business in New York State;
(c) 
Obligations of New York State.
(2) 
All funds except reserve funds may be invested in:
(a) 
Obligations of agencies of the Federal Government if principal and interest are guaranteed by the United States; or
(b) 
With the approval of the State Comptroller, in revenue anticipation notes or tax anticipation notes of other governments.
(3) 
Only reserve funds of the Village of Carthage may be invested in obligations of the Village of Carthage.
B. 
All other officials of the Village of Carthage receiving money in their official capacities must deposit such funds in money market or other accounts approved by the Village Treasurer.
C. 
The Board of Trustees of the Village of Carthage is authorized to enter into repurchase agreements with qualified financial institutions in accordance with General Municipal Law provisions related to such repurchase agreements and New York State Comptroller guidelines after review of any such agreement by counsel. The Board of Trustees is further authorized to direct the Village Treasurer or other Chief fiscal Officer of the Village to implement the terms of such agreements without the need for further consultation.
D. 
Conditions: All investments made pursuant to this investment policy shall comply with the following conditions:
(1) 
Collateral.
(a) 
Demand deposits. Demand deposits shall be fully secured by insurance of the Federal Deposit Insurance Corporation. No demand deposits shall be maintained in an account or institution in an amount that exceeds the insurance limits of Federal Deposit Insurance Corporation coverage.
(b) 
Certificates of deposit.
[1] 
Certificates of deposit shall be fully secured by insurance of the Federal Deposit Insurance Corporation or by obligations of New York State of obligations of the United States or obligations of federal agencies, the principal and interest of which are guaranteed by the United States or obligations of New York State local governments. For amounts exceeding Federal Deposit Insurance Corporation coverage limits the Village Treasurer shall require a pledge of appropriate obligations as collateral. In such case the required collateral shall be delivered to the Village of Carthage or a bank designated as a custodial bank by the Village Board of Trustees.
[2] 
The market value of collateral, where required, shall at all times equal or exceed the principal amount of the certificate of deposit in excess of Federal Deposit Insurance Corporation coverage.
(c) 
Collateral shall not be required with respect to the direct purchase of obligations of New York State, obligations of the United State and obligations of federal agencies, the principal and interest of which are guaranteed by the United States Government.
(2) 
Delivery of securities. Payment shall be made by or on behalf of the Village of Carthage for obligations of New York State, obligations the principal and interest of which are guaranteed by the United States, United States obligations, certificates of deposit and other purchased securities upon the delivery thereof to the Village of Carthage or, where designated by the Board of Trustees, a custodial bank.
(3) 
Written contracts. A written contract shall be required with any bank designated by the Board of Trustees as a custodial bank.
(4) 
Designation of custodial bank. If determined by the Village Board of Trustees to be appropriate, the trust company of a bank chartered by the State of New York may be designated by the Village Board of Trustees to act as custodian of the investments of the Village of Carthage. However, securities may not be purchased through any such custodial bank unless that custodial bank places the necessary collateral with a third-party custodial bank so designated by the Board of Trustees.
(5) 
Financial strength of institutions.
(a) 
All financial institutions with which the Village deals must be creditworthy. Their financial statements must be reviewed at least annually by the Chief Fiscal Officer to determine satisfactory financial strength or the Chief Fiscal Officer may use credit rating agencies to determine creditworthiness of such financial institutions. Concentrations of Village investments in any financial institutions should be avoided.
(b) 
Investments in time deposits and certificates of deposit are to be made with banks or trust companies. Their annual reports should be reviewed by the Chief Fiscal Officer to determine satisfactory financial strength.
(6) 
Operations, audit and reporting.
(a) 
The Village Treasurer shall authorize the purchase and sale of all securities.
(b) 
The Village Treasurer will undertake to purchase and sell securities and certificates of deposit through a competitive or negotiated process involving telephone solicitation of at least three bids for each transaction.
(c) 
The Village Treasurer shall maintain or cause to be maintained a proper record of all bonds, notes, securities or other evidences of indebtedness held by the Village for the purpose of investment. Such record shall at least, identify the security, the fund for which held, the place where kept and entries shall be made therein showing date of sale or other disposition and the amount realized therefrom.
(d) 
Within 120 days of the end of the fiscal year, the Village Treasurer shall prepare and submit to the Village Board of Trustees bank digests for each quarter, an annual investment report, recommendations for change in these investment guidelines and such other matters as is deemed appropriate.
(e) 
The Village Board of Trustees shall review and approve the annual investment report, if practicable, at its July meeting.
(f) 
The Village Board of Trustees shall review and amend these investment guidelines as necessary.
(g) 
The provisions of these investment guidelines and any amendments hereto shall take effect prospectively, and shall not invalidate the prior selection of custodial bank or banks, or any prior investments made.
[Added 12-21-2015 by L.L. No. 4-2015]
A. 
Purpose. The Village Board recognizes that the maintenance of a fund balance is essential to the preservation of the financial integrity of the Village and is fiscally advantageous for the Village and the taxpayer. This policy establishes goals to mitigate financial risk that can occur from unforeseen revenue fluctuations, unanticipated expenditures, and similar circumstances.
B. 
Definition. "Fund balance" is a measurement of available financial resources and is the difference between total assets and total liabilities in each fund. GASB Statement 54 distinguishes fund balance classified based on the relative strength of the constraints that control the purposes for which specified amounts can be spent. Beginning with the most restrictive constraints, the fund balance consists of restricted and unrestricted classifications further broken down in individual components:
(1) 
Restricted fund balance components:
(a) 
Nonspendable: amounts that are not in a spendable form (e.g., inventory) or are legally or contractually required to be maintained intact (e.g., permanent fund principal).
(b) 
Restricted: amounts that can be spent only for the specific purposes stipulated by external parties either constitutionally or through enabling legislation (e.g., grants, donations, or reserves).
(c) 
Committed: amounts that can be used only for the specific purposes determined by a formal action of the Board of Trustees. Commitments may be changed or lifted only by referring to the formal action that imposed the constraint originally (e.g., the Board's commitment in connection with future construction projects).
(2) 
Unrestricted fund balance components:
(a) 
Assigned: amounts intended to be used by the government for specific purposes. Intent can be expressed by the Village Board or by a designee to whom the governing body delegates the authority. In governmental funds other than the general fund, assigned fund balance represents the amount that is not restricted or committed. This indicates that resources in other governmental funds are, at a minimum, intended to be used for the purpose of that fund.
(b) 
Unassigned: includes all amounts not contained in other classifications and is the residual classification of the general fund only. Unassigned amounts are available for any legal purpose.
C. 
Policy. It is the policy of the Village of Carthage to achieve and maintain an unassigned fund balance in the general fund of not less than three months' worth of expenditures. In conjunction with the budget process, the minimum unassigned fund balance for the forthcoming fiscal year is calculated as follows:
(Total Expenses - Contingencies - Reserves - Debt) X 3 months = Unassigned Fund Balance
D. 
Policy administration.
(1) 
If the unassigned fund balance falls below the goal, the Village Board shall develop a restoration plan to achieve and maintain the minimum unassigned fund balance using the following guidelines:
(a) 
Replenish the desired levels in the following fiscal year budget.
(b) 
When not possible, develop a plan to replenish the desired level not to exceed three fiscal years.
(2) 
If the unassigned fund balance exceeds the goal, the Village Board shall reduce the excessive unassigned fund balance using the following guidelines:
(a) 
Purchase necessary equipment and capital outlay expenditures or other one-time expenditures.
(b) 
Reduce debt principal, if permitted by the funding source, ahead of schedule.
(c) 
Finance reserve funds.
E. 
Annual review. The Village Board will annually review all restricted and unrestricted fund balance components in conjunction with budget preparations. This policy will be reviewed during the annual meeting.
A. 
Policy. It is the policy of the Village of Carthage to, wherever possible, secure the lowest possible price for the purchase of goods and services required by the Village. It is the intention of the Village Board and its specific direction to all department heads who have authorization or authority to procure goods and/or services that the following procedures must be followed to assure that uniform quotes for goods and services are received and that the lowest responsible provider is obtained.
B. 
Determination of whether bids are required. The first step in the process of the procurement of goods and services shall be to determine whether or not the goods or services are subject to competitive bidding requirements under § 103 of the General Municipal Law. If the procurement of the goods or services is subject to competitive bidding, and not subject to any exemption, then competitive bidding requirements must be strictly adhered to. In the event that a determination is made that procurement of goods and services is not subject to competitive bidding, then the procedures outlined below are to be followed.
C. 
County or state contracts. Whenever practicable, the county or state contract price shall be reviewed and utilized if it is in fact the lowest responsible price for the item to be purchased.
D. 
D. Request for proposals. Where the goods or services sought to be purchased are not subject to competitive bidding nor being purchased under county or state contract, the procuring agent for the Village shall request proposals from at least two providers of the goods or services. Written quotes shall be requested for all purchases that exceed $5,000 but are not otherwise subject to competitive bidding requirements or being purchased under county or state contracts. Where at all possible, the procurement agent for the Village shall attempt to obtain a minimum of two quotations from responsible providers for any goods or service sought. Any response to a request shall be in writing to be considered if the cost of the goods or service exceeds $5,000.
E. 
Award of purchase. Once a reasonable time has been given for a response to the request for quotes, the procurement agent for the Village shall review all responses received and render a written report recommendation. The award of the purchase shall be made to the lowest responsible quotation received. Where an award is sought to be made to a provider other than the lowest responsible provider, a written recommendation providing the reason for the same must be provided to the Village Board and the award may not be made until the Village Board so approves it.
F. 
Exceptions.
(1) 
Emergencies. In the event of an emergency, the procedures outlined above need not be adhered to strictly. The Village and/or its procurement agent shall, however, take all reasonable efforts under emergency circumstances to assure that goods and services are purchased from the lowest possible provider.
(2) 
Unique goods or services. Where there are a limited number of providers for particular goods or a particular service, the Village and/or its procurement agent need only solicit those providers who can actually provide such service or goods. Where the service to be provided is unique, such as the case of professional services, the procurement procedures outlined above need not be adhered to, at the election of the Village Board. Where the goods to be provided are unique and available through only one provider, the procurement procedures outlined above need not be adhered to, at the election of the Village Board.
(3) 
Budgeted items. Budgeted items approved by the Board will require only submission of oral quotes to the Clerk and/or Trustee providing the purchase order.
G. 
Annual review. In conjunction with budget preparations, the Village of Carthage shall annually review this policy and procedure. All department heads are required to submit comments on the procedure simultaneously with their budget submission each budget year.
[Added 11-18-2013 by L.L. No. 4-2013]
A. 
Award based on low bid or best value. The Village Board may award purchase contracts and service contracts that have been procured pursuant to competitive bidding under General Municipal Law § 103 by either lowest bidder or best value.
B. 
Applicability. The provisions of this section apply to Village purchase contracts involving an expenditure of more than $20,000 and Village contracts for services involving an expenditure of more than $35,000 but exclude purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the State Labor Law and excluding any other contract that may in the future be excluded under state law from the best value option. If the dollar thresholds of General Municipal Law § 103 are increased or decreased in the future by the State Legislature, the dollar thresholds set forth herein shall be deemed simultaneously amended to match the new General Municipal Law thresholds.
C. 
Standards for best value. Goods and services procured and awarded on the basis of best value are those that the Village Board determines will be of the highest quality while being the most cost efficient. The determination of quality and cost efficiency shall be based on objectively quantified and clearly described and documented criteria, which may include, but shall not be limited to, any or all of the following: cost of maintenance; proximity to the end user if distance or response time is a significant term; durability; availability of replacement parts or maintenance contractors; and longer product life; product performance criteria; and quality of craftsmanship.
D. 
Documentation. Whenever any contract is awarded on the basis of best value instead of lowest responsible bidder, the basis for determining best value shall be thoroughly and accurately documented.
E. 
Procurement policy superseded where inconsistent. Any inconsistent provision of the Village's procurement policy, as adopted prior to the effective date of this section by resolution of the Village Board, or as amended thereafter, shall be deemed superseded by the provisions of this section.
A. 
Policy statement. Because the Village of Carthage (the "Village") is a federal grant recipient within the meaning of the Drug-Free Workplace Act of 1988 as amended (the "Act"), it is required to take certain steps toward maintaining, and to certify to granting federal agencies that it maintains, a drug-free workplace. Accordingly, the Village adopts the following policy.
B. 
The Village of Carthage prohibits, and employees directly engaged in the performance of work under the provisions of a federal grant (covered employee) must not engage in, the unlawful manufacture, distribution, dispensation, possession, or use of controlled substances in the workplace. Any covered employee engaged in such prohibited conduct, or convicted of a crime involving a workplace drug violation, shall be subject to discipline, up to and including discharge. The Village will weigh all relevant facts and circumstances in reaching a decision as to discipline, including but not limited to the constraints of applicable nondiscrimination law, if any. Without regard to, and independent of, its decision to impose discipline, the Village retains the right to require that a covered employee who engages in prohibited conduct participate in, and successfully complete, a drug abuse assistance or rehabilitation program. Refusal to participate in, or failure to complete successfully, a drug abuse assistance or rehabilitation program may itself be grounds for discipline. In addition, as a condition of continued employment under a federal contract, covered employees must report to the Village Clerk within five days any criminal conviction for a workplace drug violation. The term "conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with responsibility to determine violations of state or federal criminal drug statutes.
C. 
Nothing contained in this policy statement concerning covered employees shall be construed to limit, or in any way restrict, the Village's treatment of drug-related incidents involving any of its employees.
D. 
The Village will establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace and to review the Village's commitment to maintenance of a drug-free workplace within the meaning of the Act, as well as the penalties that may be imposed on employees for drug abuse violations. In addition, the drug-free awareness program will apprise employees of drug and drug rehabilitation counseling available through Jefferson-Lewis County Employees Assistance Program.
E. 
Covered employees shall be provided with a copy of this policy statement and shall be required to acknowledge, in writing to the Village, receipt of this policy and attendance at the drug-free awareness program specified in Subsection D, above.