[Amended 6-16-1997; 6-7-1999; 4-16-2007; 8-20-2007 by L.L. No.
7-2007; 4-20-2009; 11-21-2011 by L.L. No. 6-2011; 7-18-2016 by L.L. No.
6-2016]
Policies pertaining to terms and conditions of employment apply
only to those employees of the Village of Carthage who are not represented
by a collective bargaining unit and with whom the Village of Carthage
has no labor agreement. Terms and conditions of employment for employees
(including employees of the Carthage/West Carthage Sewage Treatment
Plant) who are represented by a collective bargaining unit are stated
in the agreement between such organization and the Village of Carthage.
A.
Employees will be paid biweekly on Thursday for the two weeks ending
the previous Saturday.
B.
When the Village Clerk/Treasurer is on vacation for a minimum of
one week, the Deputy Clerk will receive, in addition to his or her
regular salary, 1/2 the difference between his or her regular salary
and the regular salary of the Village Clerk/Treasurer.
C.
When the Chief of Police is on vacation for a minimum of one week,
the Sergeant or Acting Police Chief as designated by the board will
receive, in addition to his or her regular salary, 1/2 the difference
between his or her regular salary and the regular salary of the Police
Chief.
D.
When the Superintendent of Public Works is on vacation for a minimum
of one week, the Assistant Superintendent of Public Works or Acting
Public Works Superintendent as designated by the board will receive,
in addition to his or her regular salary, 1/2 the difference between
his or her regular salary and the regular salary of the Superintendent.
E.
When the Water Superintendent is on vacation for a minimum of one
week, the Acting Water Superintendent as designated by the board will
receive, in addition to his or her regular salary, 1/2 the difference
between his or her regular salary and the regular salary of the Water
Superintendent.
[Amended 1-17-2017 by L.L. No. 1-2017]
A.
Full-time employees will be paid for the following eight holidays:
New Year's Day, Labor Day, Columbus Day, Fourth of July, Memorial
Day, Veteran's Day, Thanksgiving Day, and Christmas Day. In addition,
the DPW Superintendent, Water Superintendent, Village Clerk's office
and the Community Development Director all receive Good Friday afternoon
off, beginning at 12:00 p.m. as a paid holiday; the Chief of Police
and Sergeant receive the full day off on Good Friday and Easter as
paid holidays. When a paid holiday occurs on a Saturday, the previous
day (Friday) will be treated as the paid holiday. When a paid holiday
occurs on a Sunday, the following day (Monday) will be treated as
the paid holiday.
B.
In addition, three personal days, selected by the full-time employee,
will be paid for. In the event the employee is unable to use any portion
of the three days by the end of the current fiscal year, they may
be added to his or her accumulation of sick days at the beginning
of the new fiscal year.
[Amended 1-17-2017 by L.L. No. 1-2017]
A.
Longevity pay shall be separate and distinct from the full-time employee's
regular salary and paid to the employee in a lump sum payment annually
with the first payroll in June.
|
Length of Service With Village
|
Annual Longevity Payment
|
|---|---|
|
0 to end of 5th year inclusive
|
$0
|
|
6th to end of 10th year inclusive
|
$350
|
|
11th to end of 15th year inclusive
|
$700
|
|
Over 15 years
|
$1,050
|
B.
Longevity payments enjoyed by employees prior to this amendment (January
2, 2001), are to continue. If the level of longevity thus preserved
exceeds that as specified above, the longevity level shall remain
frozen until such time as the above schedule results in a payment
that exceeds the employee's level currently enjoyed. At that time,
the employee's longevity payment shall be in accordance with the above-specified
schedule.
C.
The Chief of Police and Sergeant shall be allowed the same longevity
benefits and payment terms offered to union members under the police
contract.
D.
The DPW Superintendent and Water Superintendent shall be allowed
the same benefits and payment terms offered to union members under
the DPW Labor Contract.
A.
In compliance with the Federal Fair Labor Standards Act of 1938,
and its amendments, employees of the Department of Public Works (including
the Water Department) will work a forty-hour straight-time week, as
follows: Monday through Friday, 7:00 a.m. to 3:30 p.m., with 1/2 hour
off for lunch. Nonexempt employees will be paid at the rate of time
and a half for each overtime hour worked over 40 hours in any given
week. For clarification, hours worked does not include sick time or
personal days.
B.
When a nonexempt employee is called into work on a legal holiday,
in addition to receiving holiday pay, said employee will be paid time
a half for each hour worked as long as the employee reports for work
both the day before and day after the holiday.
C.
Members of the Police Department will work either a thirty-six-hour
or forty-eight-hour workweek, on a staggered schedule, with one hour
off for lunch.
D.
The Village Clerk/Treasurer will work 8:30 a.m. to 4:00 p.m., Monday
through Friday, with one hour off for lunch from October through June.
The Village Clerk/Treasurer will work 8:30 a.m. to 4:00 p.m., Monday
through Thursday with 1/2 hour off for lunch, and 8:30 a.m. to 1:00
p.m. on Friday from July through September. The Clerk/Treasurer or,
in his or her absence, the Deputy Clerk will attend all Village Board
meetings to take minutes. The Deputy Clerk and other office personnel
will work during the hours the Village office is open: 8:00 a.m. to
4:00 p.m., Monday through Friday, with one hour off for lunch from
October through June. The Deputy Clerk and other office personnel
will work during the hours the Village office is open: 8:00 a.m. through
4:00 p.m. Monday through Thursday with 1/2 off for lunch and 8:00
a.m. through 1:00 p.m. on Friday from July through September. Part-time
workers will have designated hours of work.
E.
The Community Development Director will work 8:30 a.m. to 4:30 p.m.,
Monday through Friday, with one hour off for lunch.
A.
Vacation shall accrue at 1/2 the annual rate for each six months
of completed service with the Village. An employee may take vacation
with pay at any time after it has been accrued and under a departmental
schedule in such manner as to maintain public service.
B.
After one year of continuous full-time employment, an employee shall
be entitled to an annual, noncumulative, paid vacation of two weeks
(10 working days). After five years the employee is entitled to annual,
noncumulative, paid vacation of three weeks (15 working days). After
10 years the employee is entitled to annual, noncumulative, paid vacation
of four weeks (20 working days). After 16 years the employee is entitled
to annual, noncumulative, paid vacation of five weeks (25 working
days).
C.
Upon termination of employment, either by resignation or retirement,
an employee furnishing at least two weeks' notice of his or her intended
employment terminations shall be entitled to compensation, at his
or her straight time rate of pay, for unused vacation time to which
he or she otherwise would be entitled. If, however, the employee is
a department head, one months' notice shall be required as a condition
of eligibility for unused vacation time compensation.
A.
All regular full-time employees will be enrolled in the New York
State Retirement System.
B.
Employees will be covered by disability insurance and workers compensation
insurance, in accordance with New York State law.
C.
Sick leave. Each full-time employee will be entitled to 1 1/4
days of certifiable sick leave per month, accumulative to 60 days.
(1)
In the event an employee reaches the full accumulation of 60
days, they shall be entitled to receive $15 for each unused sick day
over the sixty-day accumulation. Payments shall be made at the beginning
of the new fiscal year for the ending of the previous fiscal year.
Upon retirement from the Village, employees shall receive $20 per
unused accumulated sick day.
D.
Each full-time employee will be entitled to three days off, with
pay, in the event of the death of a member of his or her immediate
family, to include spouse, mother, father, sisters, brothers, children
(of both the employee and his or her spouse). In addition, employees
are also entitled to one day off for the funeral of the employee's
grandparents only.
E.
Clothing allowance.
(1)
The DPW Superintendent and Water Superintendent shall be entitled
to the clothing allowance and work shoe allowance benefit equivalent
to what is allowed union members under the DPW contract.
(2)
The Chief of Police and Sergeant shall receive an annual uniform
credit and dry cleaning allowance equivalent to those allowed to union
members under the police contract.
F.
Employees required to carry cell phones for work purposes, who do
not have a cell phone provided by the Village, shall receive $15 per
month, which will be paid on an annual basis.
G.
Reimbursements.
(1)
Employees or officials of the Village of Carthage who have been
authorized by the Village Board to use their private vehicles for
Village business, will be reimbursed at the prevailing New York State
rate.
(2)
Employees or officials will be reimbursed for reasonable expenses
(fees, meals, lodging, travel) incurred in attendance at meetings,
conferences, conventions, hearings, and the like, provided such attendance
has been authorized by the Village Board.
Deductions from employees' paychecks (for dues, insurance, sheltered
annuity, contributions, etc.) will be made only upon execution of
a payroll deduction authorization signed by the employee. Other deductions
(social security, federal and state income tax withholdings, Department
of Social Services payments, garnishees, etc.) will be made as required
by law.
Any employee required to serve on a jury will receive full regular
pay as an employee of the Village for the period of time he or she
is on jury duty, and will endorse his or her jury duty check to the
Village of Carthage; except, however, that if the jury duty check
includes an allowance for travel expense and meals, the employee may
retain the amount of such allowance.
To safeguard Village funds, the Village Board shall purchase
a "blanket bond" covering all Village personnel handling Village funds.
A.
No official or employee shall have an interest in any contract with
the Village of Carthage.
B.
No official or employee shall solicit or accept any gift having a
value of $75 or more, under circumstances in which it could be inferred
that the gift was expected to influence the official or employee in
the performance of his or her duties, or was intended as a reward
for any official action on his or her part.
C.
No official or employee shall disclose confidential information acquired
in the course of his or her official duties, nor shall any official
or employee of the Village of Carthage use such information to further
his or her personal interests.
No fundraising campaigns may be conducted among or by Village
personnel, or on Village-owned premises, without the express permission
of the Village Board.
Lists of any data pertaining to Village personnel (officers,
employees, etc.) shall be maintained for Village purposes only, and
shall not be distributed or made available, in part or wholly, to
the media, salespersons, vendors, compilers of lists, public opinion
researchers, or the like.
The Village Clerk shall maintain personnel files for all employees
of the Village. Personnel files shall contain the following information:
A.
Name and address.
B.
Education.
C.
Preparation, training, experience, qualifications.
D.
Date of birth.
E.
Health condition.
F.
References.
G.
Social security number.
H.
Telephone number.
I.
Position obtained.
J.
Date employment started.
K.
Date employment ended.
L.
Reason for termination of Village employment.
M.
Documents constituting proof of the foregoing data, such as a birth
certificate or diploma, shall be included in the personnel file.
Employees shall have a physical examination at least once every
five years, or as requested by the Village Board. The results of such
examination shall be reported to the Village Board and shall be entered
in the employee's personnel file. When the results of such examination
indicate the employee is not fit for duty by reasons of health, the
Village Board may suspend or discharge the employee, or grant the
employee a leave of absence, depending on the nature and severity
of the employee's disability.
With the exception of on-duty police officers who reside in
the Village, employees are prohibited from driving any village-owned
vehicle to their residences, except while performing official job
duties at their residence. All Village vehicles are to be left in
their designated storage area at the close of each working day or
shift.
The Police Chief is designated the chief law enforcement officer
for the purpose of exercising control and inspection of games of chance
activities in the Village of Carthage.
A.
All applications for employment will be kept on file by the Village
Clerk for a minimum of two years.
B.
Applications for employment shall contain the following information:
(1)
Name and address.
(2)
Education.
(3)
Preparation, training, experience, and qualifications.
(4)
Names and addresses of previous employers, and dates of employment.
(5)
Reason for termination of most recent job or position.
(6)
Date of birth.
(7)
Health condition.
(8)
References.
(9)
Social security number.
(10)
Telephone number.
(11)
Position sought.
C.
If a tentative offer of employment is tendered, the applicant shall
be required to undergo a physical examination and drug testing prior
to the commencement of employment. Final determination of the applicant's
employment will depend on results of such examination.
D.
If tentative offer of employment is tendered, the applicant shall
be required to undergo a background check which shall include the
supplying of fingerprints through the Village of Carthage Police Department
so that the same may be run through the Division of Criminal Justice
Services. The Police Department shall perform a further background
check as well. Final determination of the applicant's employment will
depend on the results of such background check.
[Amended 12-17-2018 by L.L. No. 3-2018; 12-18-2023 by L.L. No. 6-2023]
A.
Purpose. The Village of Carthage is committed to maintaining a workplace
free from harassment and discrimination. Sexual harassment is a form
of workplace discrimination that subjects an employee to inferior
conditions of employment due to their gender, gender identity, gender
expression (perceived or actual), and/or sexual orientation. Sexual
harassment is often viewed simply as a form of gender-based discrimination,
but the Village of Carthage recognizes that discrimination can be
related to or affected by other identities beyond gender. Under the
New York State Human Rights Law,[1] it is illegal to discriminate based on sex, sexual orientation,
gender identity or expression, age, race, creed, color, national origin,
military status, disability, predisposing genetic characteristics,
familial status, marital status, criminal history, or status as a
victim of domestic violence. Our different identities impact our understanding
of the world and how others perceive us. For example, an individual's
race, ability, or immigration status may impact their experience with
gender discrimination in the workplace. While this policy is focused
on sexual harassment and gender discrimination, the methods for reporting
and investigating discrimination based on other protected identities
are the same. The purpose of this policy is to teach employees to
recognize discrimination, including discrimination due to an individual's
intersecting identities, and provide the tools to take action when
it occurs. All employees, managers, and supervisors are required to
work in a manner designed to prevent sexual harassment and discrimination
in the workplace. This policy is one component of the Village of Carthage's
commitment to a discrimination-free work environment.
[1]
Editor's Note: See Executive Law § 290 et seq.
B.
Goals of this policy. Sexual harassment and discrimination are against
the law. After reading this policy, employees will understand their
right to a workplace free from harassment. Employees will also learn
what harassment and discrimination look like, what actions they can
take to prevent and report harassment, and how they are protected
from retaliation after taking action. The policy will also explain
the investigation process into any claims of harassment. Employees
are encouraged to report sexual harassment or discrimination by filing
a complaint internally with the Village of Carthage. Employees can
also file a complaint with a government agency or in court under federal,
state, or local antidiscrimination laws. To file an employment complaint
with the New York State Division of Human Rights, please visit https://dhr.ny.gov/complaint.
To file a complaint with the United States Equal Employment Opportunity
Commission, please visit https://www.eeoc.gov/filing-charge-discrimination.
C.
Sexual harassment and discrimination prevention policy.
(1)
The Village of Carthage policy applies to all employees, applicants
for employment, and interns, whether paid or unpaid. The policy also
applies to additional covered individuals. It applies to anyone who
is (or is employed by) a contractor, subcontractor, vendor, consultant,
or anyone providing services in our workplace. These individuals include
persons commonly referred to as "independent contractors," "gig workers,"
and "temporary workers." Also included are persons providing equipment
repair, cleaning services, or any other services through a contract
with the Village of Carthage. For the remainder of this policy, we
will use the term "covered individual" to refer to these individuals
who are not direct employees of the company.
(2)
Sexual harassment is unacceptable. Any employee or covered individual
who engages in sexual harassment, discrimination, or retaliation will
be subject to action, including appropriate discipline for employees.
In New York, harassment does not need to be severe or pervasive to
be illegal. Employees and covered individuals should not feel discouraged
from reporting harassment because they do not believe it is bad enough,
or conversely because they do not want to see a colleague fired over
less severe behavior. Just as harassment can happen in different degrees,
potential discipline for engaging in sexual harassment will depend
on the degree of harassment and might include education and counseling.
It may lead to suspension or termination when appropriate.
(3)
Retaliation is prohibited. Any employee or covered individual
that reports an incident of sexual harassment or discrimination, provides
information, or otherwise assists in any investigation of a sexual
harassment or discrimination complaint is protected from retaliation.
No one should fear reporting sexual harassment if they believe it
has occurred. So long as a person reasonably believes that they have
witnessed or experienced such behavior, they are protected from retaliation.
Any employee of the Village of Carthage who retaliates against anyone
involved in a sexual harassment or discrimination investigation will
face disciplinary action, up to and including termination. All employees
and covered individuals working in the workplace who believe they
have been subject to such retaliation should inform a supervisor,
manager, or the President, Deputy President, Board member or the Village
Clerk. All employees and covered individuals who believe they have
been a target of such retaliation may also seek relief from government
agencies, as explained below in the section on legal protections.[2]
(4)
Discrimination of any kind, including sexual harassment, is
a violation of our policies, is unlawful, and may subject the Village
of Carthage to liability for the harm experienced by targets of discrimination.
Harassers may also be individually subject to liability and employers
or supervisors who fail to report or act on harassment may be liable
for aiding and abetting such behavior. Employees at every level who
engage in harassment or discrimination, including managers and supervisors
who engage in harassment or discrimination or who allow such behavior
to continue, will be penalized for such misconduct.
(5)
The Village of Carthage will conduct a prompt and thorough investigation
that is fair to all parties. An investigation will happen whenever
management receives a complaint about discrimination or sexual harassment,
or when it otherwise knows of possible discrimination or sexual harassment
occurring. The Village of Carthage will keep the investigation confidential
to the extent possible. If an investigation ends with the finding
that discrimination or sexual harassment occurred, the Village of
Carthage will act as required. In addition to any required discipline,
the Village of Carthage will also take steps to ensure a safe work
environment for the employee(s) who experienced the discrimination
or harassment. All employees, including managers and supervisors,
are required to cooperate with any internal investigation of discrimination
or sexual harassment.
(6)
All employees and covered individuals are encouraged to report
any harassment or behaviors that violate this policy. All employees
will have access to a complaint form to report harassment and file
complaints. Use of this form is not required. For anyone who would
rather make a complaint verbally, or by email, these complaints will
be treated with equal priority. An employee or covered individual
who prefers not to report harassment to their manager or employer
may instead report harassment to the New York State Division of Human
Rights and/or the United States Equal Employment Opportunity Commission.
Complaints may be made to both the employer and a government agency.
Managers and supervisors are required to report any complaint that
they receive, or any harassment that they observe or become aware
of, to the President or Deputy President.
(7)
This policy applies to all employees and covered individuals,
such as contractors, subcontractors, vendors, consultants, or anyone
providing services in the workplace, and all must follow and uphold
this policy. This policy must be provided to all employees in person
or digitally through email upon hiring and will be posted prominently
in all work locations. For those offices operating remotely, in addition
to sending the policy through email, it will also be available on
the organization's shared network.
D.
What is sexual harassment?
(1)
Sexual harassment is a form of gender-based discrimination that
is unlawful under federal, state, and (where applicable) local law.
Sexual harassment includes harassment on the basis of sex, sexual
orientation, self-identified or perceived sex, gender expression,
gender identity, and the status of being transgender. Sexual harassment
is not limited to sexual contact, touching, or expressions of a sexually
suggestive nature. Sexual harassment includes all forms of gender
discrimination, including gender role stereotyping and treating employees
differently because of their gender.
(2)
Understanding gender diversity is essential to recognizing sexual
harassment because discrimination based on sex stereotypes, gender
expression and perceived identity are all forms of sexual harassment.
The gender spectrum is nuanced, but the three most common ways people
identify are cisgender, transgender, and non-binary. A cisgender person
is someone whose gender aligns with the sex they were assigned at
birth. Generally, this gender will align with the binary of male or
female. A transgender person is someone whose gender is different
than the sex they were assigned at birth. A non-binary person does
not identify exclusively as a man or a woman. They might identify
as both, somewhere in between, or completely outside the gender binary.
Some may identify as transgender, but not all do. Respecting an individual's
gender identity is a necessary first step in establishing a safe workplace.
(3)
Sexual harassment is unlawful when it subjects an individual
to inferior terms, conditions, or privileges of employment. Harassment
does not need to be severe or pervasive to be illegal. It can be any
harassing behavior that rises above petty slights or trivial inconveniences.
Every instance of harassment is unique to those experiencing it, and
there is no single boundary between petty slights and harassing behavior.
However, the Human Rights Law[3] specifies that whether harassing conduct is considered
petty or trivial is to be viewed from the standpoint of a reasonable
victim of discrimination with the same protected characteristics.
Generally, any behavior in which an employee or covered individual
is treated worse because of their gender (perceived or actual), sexual
orientation, or gender expression is considered a violation of Village
of Carthage policy. The intent of the behavior, for example, making
a joke, does not neutralize a harassment claim. Not intending to harass
is not a defense. The impact of the behavior on a person is what counts.
Sexual harassment includes any unwelcome conduct which is either directed
at an individual because of that individual's gender identity
or expression (perceived or actual), or is of a sexual nature when:
(a)
The purpose or effect of this behavior unreasonably interferes
with an individual's work performance or creates an intimidating,
hostile or offensive work environment. The impacted person does not
need to be the intended target of the sexual harassment;
(b)
Employment depends implicitly or explicitly on accepting such
unwelcome behavior; or
(c)
Decisions regarding an individual's employment are based
on an individual's acceptance to or rejection of such behavior.
Such decisions can include what shifts and how many hours an employee
might work, project assignments, as well as salary and promotion decisions.
[3]
Editor’s Note: See Executive Law § 290 et seq.
(4)
There are two main types of sexual harassment:
(a)
Behaviors that contribute to a hostile work environment include,
but are not limited to, words, signs, jokes, pranks, intimidation,
or physical violence which are of a sexual nature, or which are directed
at an individual because of that individual's sex, gender identity,
or gender expression. Sexual harassment also consists of any unwanted
verbal or physical advances, sexually explicit derogatory or discriminatory
statements which an employee finds offensive or objectionable, causes
an employee discomfort or humiliation, or interferes with the employee's
job performance.
(b)
Sexual harassment also occurs when a person in authority tries
to trade job benefits for sexual favors. This can include hiring,
promotion, continued employment or any other terms, conditions, or
privileges of employment. This is also called quid pro quo harassment.
(5)
Any employee or covered individual who feels harassed is encouraged
to report the behavior so that any violation of this policy can be
corrected promptly. Any harassing conduct, even a single incident,
can be discrimination and is covered by this policy.
E.
Examples of sexual harassment. The following describes some of the
types of acts that may be unlawful sexual harassment and that are
strictly prohibited. This list is just a sample of behaviors and should
not be considered exhaustive. Any employee who believes they have
experienced sexual harassment, even if it does not appear on this
list, should feel encouraged to report it:
(1)
Physical acts of a sexual nature, such as:
(a)
Touching, pinching, patting, kissing, hugging, grabbing, brushing
against another employee's body, or poking another employee's
body; or
(b)
Rape, sexual battery, molestation, or attempts to commit these
assaults, which may be considered criminal conduct outside the scope
of this policy (please contact local law enforcement if you wish to
pursue criminal charges).
(2)
Unwanted sexual comments, advances, or propositions, such as:
(a)
Requests for sexual favors accompanied by implied or overt threats
concerning the target's job performance evaluation, a promotion,
or other job benefits. This can include sexual advances/pressure placed
on a service industry employee by customers or clients, especially
those industries where hospitality and tips are essential to the customer/employee
relationship;
(b)
Subtle or obvious pressure for unwelcome sexual activities;
or
(c)
Repeated requests for dates or romantic gestures, including
gift-giving.
(3)
Sexually oriented gestures, noises, remarks or jokes, or questions
and comments about a person's sexuality, sexual experience, or
romantic history which create a hostile work environment. This is
not limited to interactions in person. Remarks made over virtual platforms
and in messaging apps when employees are working remotely can create
a similarly hostile work environment.
(4)
Sex stereotyping, which occurs when someone's conduct or
personality traits are judged based on other people's ideas or
perceptions about how individuals of a particular sex should act or
look:
(a)
Remarks regarding an employee's gender expression, such
as wearing a garment typically associated with a different gender
identity; or
(b)
Asking employees to take on traditionally gendered roles, such
as asking a woman to serve meeting refreshments when it is not part
of, or appropriate to, her job duties.
(5)
Sexual or discriminatory displays or publications anywhere in
the workplace, such as:
(a)
Displaying pictures, posters, calendars, graffiti, objects,
promotional material, reading materials, or other materials that are
sexually demeaning or pornographic. This includes such sexual displays
on workplace computers or cell phones and sharing such displays while
in the workplace;
(b)
This also extends to the virtual or remote workspace and can
include having such materials visible in the background of one's
home during a virtual meeting.
(6)
Hostile actions taken against an individual because of that
individual's sex, sexual orientation, gender identity, or gender
expression, such as:
(a)
Interfering with, destroying, or damaging a person's workstation,
tools or equipment, or otherwise interfering with the individual's
ability to perform the job;
(b)
Sabotaging an individual's work;
(c)
Bullying, yelling, or name-calling;
(d)
Intentional misuse of an individual's preferred pronouns;
or
F.
Who can be a target of sexual harassment?
(1)
Sexual harassment can occur between any individuals, regardless
of their sex or gender. Harassment does not have to be between members
of the opposite sex or gender. New York law protects employees and
all covered individuals described earlier in the policy. Harassers
can be anyone in the workplace. A supervisor, a supervisee, or a coworker
can all be harassers. Anyone else in the workplace can also be harassers,
including an independent contractor, contract worker, vendor, client,
customer, patient, constituent, or visitor.
(2)
Sexual harassment does not happen in a vacuum and discrimination
experienced by an employee can be impacted by biases and identities
beyond an individual's gender. For example:
(a)
Placing different demands or expectations on black women employees
than white women employees can be both racial and gender discrimination;
(b)
An individual's immigration status may lead to perceptions
of vulnerability and increased concerns around illegal retaliation
for reporting sexual harassment; or
(c)
Past experiences as a survivor of domestic or sexual violence
may lead an individual to feel retraumatized by someone's behaviors
in the workplace.
(3)
Individuals bring personal history with them to the workplace
that might impact how they interact with certain behavior. It is especially
important for all employees to be aware of how words or actions might
impact someone with a different experience than their own in the interest
of creating a safe and equitable workplace.
G.
Where can sexual harassment occur?
(1)
Unlawful sexual harassment is not limited to the physical workplace
itself. It can occur while employees are traveling for business or
at employer- or industry-sponsored events or parties. Calls, texts,
emails, and social media usage by employees or covered individuals
can constitute unlawful workplace harassment, even if they occur away
from the workplace premises, on personal devices, or during nonwork
hours.
(2)
Sexual harassment can occur when employees are working remotely
from home as well. Any behaviors outlined above that leave an employee
feeling uncomfortable, humiliated, or unable to meet their job requirements
constitute harassment even if the employee or covered individual is
at home when the harassment occurs. Harassment can happen on virtual
meeting platforms, in messaging apps, and after working hours between
personal cell phones.
H.
Retaliation.
(1)
Retaliation is unlawful and is any action by an employer or
supervisor that punishes an individual upon learning of a harassment
claim, that seeks to discourage a worker or covered individual from
making a formal complaint or supporting a sexual harassment or discrimination
claim, or that punishes those who have come forward. These actions
need not be job-related or occur in the workplace to constitute unlawful
retaliation. For example, threats of physical violence outside of
work hours or disparaging someone on social media would be covered
as retaliation under this policy.
(2)
Examples of retaliation may include, but are not limited to:
(a)
Demotion, termination, denying accommodations, reduced hours,
or the assignment of less desirable shifts;
(b)
Publicly releasing personnel files;
(c)
Refusing to provide a reference or providing an unwarranted
negative reference;
(d)
Labeling an employee as "difficult" and excluding them from
projects to avoid "drama";
(e)
Undermining an individual's immigration status; or
(f)
Reducing work responsibilities, passing over for a promotion,
or moving an individual's desk to a less desirable office location.
(3)
Such retaliation is unlawful under federal, state, and (where
applicable) local law. The New York State Human Rights Law[4] protects any individual who has engaged in "protected
activity." Protected activity occurs when a person has:
(a)
Made a complaint of sexual harassment or discrimination, either
internally or with any government agency;
(b)
Testified or assisted in a proceeding involving sexual harassment
or discrimination under the Human Rights Law or any other antidiscrimination
law;
(c)
Opposed sexual harassment or discrimination by making a verbal
or informal complaint to management, or by simply informing a supervisor
or manager of suspected harassment;
(d)
Reported that another employee has been sexually harassed or
discriminated against; or
(e)
Encouraged a fellow employee to report harassment.
[4]
Editor's Note: See Executive Law § 290 et seq.
(4)
Even if the alleged harassment does not turn out to rise to
the level of a violation of law, the individual is protected from
retaliation if the person had a good faith belief that the practices
were unlawful. However, the retaliation provision is not intended
to protect persons making intentionally false charges of harassment.
I.
Reporting sexual harassment.
(1)
Everyone must work toward preventing sexual harassment, but
leadership matters. Supervisors and managers have a special responsibility
to make sure employees feel safe at work and that workplaces are free
from harassment and discrimination. Any employee or covered individual
is encouraged to report harassing or discriminatory behavior to a
supervisor, manager, Village President, Deputy President, Board member
or the Village Clerk. Anyone who witnesses or becomes aware of potential
instances of sexual harassment should report such behavior to a supervisor,
manager, Village President, Deputy President, Board member or the
Village Clerk.
(2)
Reports of sexual harassment may be made verbally or in writing.
A written complaint form is attached to this policy if an employee
would like to use it, but the complaint form is not required.[5] Employees who are reporting sexual harassment on behalf
of other employees may use the complaint form and should note that
it is on another employee's behalf. A verbal or otherwise written
complaint (such as an email) on behalf of oneself or another employee
is also acceptable.
[5]
Editor’s Note: Said complaint form is on file in the
Village offices.
J.
Supervisory responsibilities.
(1)
Supervisors and managers have a responsibility to prevent sexual
harassment and discrimination. All supervisors and managers who receive
a complaint or information about suspected sexual harassment, observe
what may be sexually harassing or discriminatory behavior, or for
any reason suspect that sexual harassment or discrimination is occurring
are required to report such suspected sexual harassment to the Village
President or Deputy President. Managers and supervisors should not
be passive and wait for an employee to make a claim of harassment.
If they observe such behavior, they must act.
(2)
Supervisors and managers can be disciplined if they engage in
sexually harassing or discriminatory behavior themselves. Supervisors
and managers can also be disciplined for failing to report suspected
sexual harassment or allowing sexual harassment to continue after
they know about it.
(3)
Supervisors and managers will also be subject to discipline
for engaging in any retaliation.
(4)
While supervisors and managers have a responsibility to report
harassment and discrimination, supervisors and managers must be mindful
of the impact that harassment and a subsequent investigation has on
victims. Being identified as a possible victim of harassment and questioned
about harassment and discrimination can be intimidating, uncomfortable
and retraumatizing for individuals. Supervisors and managers must
accommodate the needs of individuals who have experienced harassment
to ensure the workplace is safe, supportive, and free from retaliation
for them during and after any investigation.
K.
Bystander intervention.
(1)
Any employee witnessing harassment as a bystander is encouraged
to report it. A supervisor or manager that is a bystander to harassment
is required to report it. There are five standard methods of bystander
intervention that can be used when anyone witnesses harassment or
discrimination and wants to help.
(a)
A bystander can interrupt the harassment by engaging with the
individual being harassed and distracting them from the harassing
behavior;
(b)
A bystander who feels unsafe interrupting on their own can ask
a third party to help intervene in the harassment;
(c)
A bystander can record or take notes on the harassment incident
to benefit a future investigation;
(d)
A bystander might check in with the person who has been harassed
after the incident, see how they are feeling and let them know the
behavior was not ok; and
(e)
If a bystander feels safe, they can confront the harassers and
name the behavior as inappropriate. When confronting harassment, physically
assaulting an individual is never an appropriate response.
(2)
Though not exhaustive, and dependent on the circumstances, the
guidelines above can serve as a brief guide of how to react when witnessing
harassment in the workplace. Any employee witnessing harassment as
a bystander is encouraged to report it. A supervisor or manager that
is a bystander to harassment is required to report it.
L.
Complaints and investigations of sexual harassment.
(1)
All complaints or information about sexual harassment will be
investigated, whether that information was reported in verbal or written
form. An investigation of any complaint, information, or knowledge
of suspected sexual harassment will be prompt, thorough, and started
and completed as soon as possible. The investigation will be kept
confidential to the extent possible. All individuals involved, including
those making a harassment claim, witnesses, and alleged harassers,
deserve a fair and impartial investigation.
(2)
Any employee may be required to cooperate as needed in an investigation
of suspected sexual harassment. The Village of Carthage will take
disciplinary action against anyone engaging in retaliation against
employees who file complaints, support another's complaint, or
participate in harassment investigations.
(3)
The Village of Carthage recognizes that participating in a harassment
investigation can be uncomfortable and has the potential to retraumatize
an employee. Those receiving claims and leading investigations will
handle complaints and questions with sensitivity toward those participating.
(4)
While the process may vary from case to case, investigations
will be done in accordance with the following steps. Upon receipt
of a complaint, the Village President or Deputy President:
(a)
Will conduct a prompt review of the allegations, assess the
appropriate scope of the investigation, and take any interim actions
[for example, instructing the individual(s) about whom the complaint
was made to refrain from communications with the individual(s) who
reported the harassment], as appropriate. If complaint is verbal,
request that the individual completes the complaint form in writing.
If the person reporting prefers not to fill out the form, the Village
President or Deputy President will prepare a complaint form or equivalent
documentation based on the verbal reporting;
(b)
Will take steps to obtain, review, and preserve documents sufficient
to assess the allegations, including documents, emails or phone records
that may be relevant to the investigation. The Village President or
Deputy President will consider and implement appropriate document
request, review, and preservation measures, including for electronic
communications;
(c)
Will seek to interview all parties involved, including any relevant
witnesses;
(d)
Will create a written documentation of the investigation (such
as a letter, memo or email), which contains the following:
[1]
A list of all documents reviewed, along with a
detailed summary of relevant documents;
[2]
A list of names of those interviewed, along with
a detailed summary of their statements;
[3]
A timeline of events;
[4]
A summary of any prior relevant incidents disclosed
in the investigation, reported or unreported; and
[5]
The basis for the decision and final resolution
of the complaint, together with any corrective action(s).
(e)
Will keep the written documentation and associated documents
in a secure and confidential location;
(f)
Will promptly notify the individual(s) who reported the harassment
and the individual(s) about whom the complaint was made that the investigation
has been completed and implement any corrective actions identified
in the written document; and
(g)
Will inform the individual(s) who reported of the right to file
a complaint or charge externally as outlined in the next section.
M.
Legal protections and external remedies.
(1)
Sexual harassment is not only prohibited by the Village of Carthage,
but it is also prohibited by state, federal, and, where applicable,
local law.
(2)
The internal process outlined in the policy above is one way
for employees to report sexual harassment. Employees and covered individuals
may also choose to pursue legal remedies with the following governmental
entities. While a private attorney is not required to file a complaint
with a governmental agency, you may also seek the legal advice of
an attorney.
(3)
New York State Division of Human Rights.
(a)
The New York State Human Rights Law (HRL), NY Executive Law
Article 15, § 290 et seq., applies to all employers in New
York State and protects employees and covered individuals, regardless
of immigration status. A complaint alleging violation of the Human
Rights Law may be filed either with the New York State Division of
Human Rights (DHR) or in New York State Supreme Court.
(b)
Complaints of sexual harassment filed with DHR may be submitted
any time within three years of the harassment. If an individual does
not file a complaint with DHR, they can bring a lawsuit directly in
state court under the Human Rights Law, within three years of the
alleged sexual harassment. An individual may not file with DHR if
they have already filed a HRL complaint in state court.
(c)
Complaining internally to the Village of Carthage does not extend
your time to file with DHR or in court. The three years are counted
from the date of the most recent incident of harassment.
(d)
You do not need an attorney to file a complaint with DHR, and
there is no cost to file with DHR.
(e)
DHR will investigate your complaint and determine whether there
is probable cause to believe that sexual harassment has occurred.
Probable cause cases receive a public hearing before an administrative
law judge. If sexual harassment is found at the hearing, DHR has the
power to award relief. Relief varies, but it may include requiring
your employer to take action to stop the harassment, or repair the
damage caused by the harassment, including paying of monetary damages,
punitive damages, attorney's fees, and civil fines.
(f)
DHR's main office contact information is: NYS Division
of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York
10458. You may call (718) 741-8400 or visit www.dhr.ny.gov.
(g)
Go to dhr.ny.gov/complaint for more information about filing
a complaint with DHR. The website has a digital complaint process
that can be completed on your computer or mobile device from start
to finish. The website has a complaint form that can be downloaded,
filled out, and mailed to DHR as well as a form that can be submitted
online. The website also contains contact information for DHR's
regional offices across New York State.
(h)
Call the DHR sexual harassment hotline at 1(800) HARASS3 for
more information about filing a sexual harassment complaint. This
hotline can also provide you with a referral to a volunteer attorney
experienced in sexual harassment matters who can provide you with
limited free assistance and counsel over the phone.
N.
The United States Equal Employment Opportunity Commission.
(1)
The United States Equal Employment Opportunity Commission (EEOC)
enforces federal antidiscrimination laws, including Title VII of the
1964 federal Civil Rights Act, 42 U.S.C. § 2000e et seq.
An individual can file a complaint with the EEOC anytime within 300
days from the most recent incident of harassment. There is no cost
to file a complaint with the EEOC. The EEOC will investigate the complaint
and determine whether there is reasonable cause to believe that discrimination
has occurred. If the EEOC determines that the law may have been violated,
the EEOC will try to reach a voluntary settlement with the employer.
If the EEOC cannot reach a settlement, the EEOC (or the Department
of Justice in certain cases) will decide whether to file a lawsuit.
The EEOC will issue a notice of right to sue permitting workers to
file a lawsuit in federal court if the EEOC closes the charge, is
unable to determine if federal employment discrimination laws may
have been violated, or believes that unlawful discrimination occurred
but does not file a lawsuit.
(2)
Individuals may obtain relief in mediation, settlement or conciliation.
In addition, federal courts may award remedies if discrimination is
found to have occurred. In general, private employers must have at
least 15 employees to come within the jurisdiction of the EEOC.
(3)
An employee alleging discrimination at work can file a "charge
of discrimination." The EEOC has district, area, and field offices
where complaints can be filed. Contact the EEOC by calling 1-800-669-4000
(TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via
email at info@eeoc.gov.
(4)
If an individual filed an administrative complaint with the
New York State Division of Human Rights, DHR will automatically file
the complaint with the EEOC to preserve the right to proceed in federal
court.
O.
Local protections. Many localities enforce laws protecting individuals
from sexual harassment and discrimination. An individual should contact
the county, city or town in which they live to find out if such a
law exists. For example, employees who work in New York City may file
complaints of sexual harassment or discrimination with the New York
City Commission on Human Rights. Contact their main office at Law
Enforcement Bureau of the NYC Commission on Human Rights, 22 Reade
Street, 1st Floor, New York, New York; call 311 or (212) 306-7450;
or visit www.nyc.gov/html/cchr/html/home/home.shtml.
P.
Contact the local police department. If the harassment involves unwanted
physical touching, coerced physical confinement, or coerced sex acts,
the conduct may constitute a crime. Those wishing to pursue criminal
charges are encouraged to contact their local police department.
Q.
Conclusion. The policy outlined above is aimed at providing employees
at the Village of Carthage and covered individuals an understanding
of their right to a discrimination- and harassment-free workplace.
All employees should feel safe at work. Though the focus of this policy
is on sexual harassment and gender discrimination, the New York State
Human Rights Law protects against discrimination in several protected
classes, including sex, sexual orientation, gender identity or expression,
age, race, creed, color, national origin, military status, disability,
predisposing genetic characteristics, familial status, marital status,
criminal history, or domestic violence survivor status. The prevention
policies outlined above should be considered applicable to all protected
classes.
[Added 12-18-2023 by L.L. No. 7-2023]
A.
Purpose. The Village of Carthage is committed to the safety and security
of our employees. Workplace violence presents a serious occupational
safety hazard to our agency, staff, and clients.
B.
WORKPLACE VIOLENCE
Definition. As used in this section, the following terms shall have
the meanings indicated:
Any physical assault or act of aggressive behavior occurring
where a public employee performs any work-related duty in the course
of his or her employment, including but not limited to an attempt
or threat, whether verbal or physical, to inflict physical injury
upon an employee; any intentional display of force which would give
an employee reason to fear or expect bodily harm; intentional and
wrongful physical contact with a person without his or her consent
that entails some injury; or stalking an employee with the intent
of causing fear or material harm to the physical safety and health
of such employee when such stalking has arisen through and in the
course of employment.
C.
Workplace violence prevention policy. Acts of violence against any
of our employees where any work-related duty is performed will be
thoroughly investigated and appropriate action will be taken, including
involving law enforcement authorities when warranted. All employees
are responsible for helping to create an environment of mutual respect
for each other as well as clients and visitors, following all policies,
procedures and practices, and for assisting in maintaining a safe
and secure work environment.
D.
This policy is designed to meet the requirements of New York State
Labor Law Article 2, § 27-b, and highlights some of the
elements that are found within our workplace violence prevention program.
The process involved in complying with this law includes a workplace
evaluation that is designed to identify the risks of workplace violence
to which our employees could be exposed. Authorized employee representative(s)
will, at a minimum, be involved in:
E.
All employees will participate in the annual workplace violence prevention
training program. The goal of this policy is to promote the safety
and well-being of all people in our workplace. All incidents of violence
or threatening behavior will be responded to immediately upon notification.
F.
Reporting workplace violence. All personnel are responsible for notifying
their supervisor. If the supervisor is involved, personnel must notify
the Village President or the Deputy Village President of any violent
incidents, threatening behavior, including threats they have witnessed,
received, or have been told that another person has witnessed or received.
G.
Investigations of workplace violence. All complaints about workplace
violence will be thoroughly investigated and corrective ac
The hiring of persons for Village of Carthage positions classified
as "civil service" shall be subject to requirements of the Jefferson
County Civil Service Commission.
The Village of Carthage shall cooperate with the Personnel Office
of the County of Jefferson in its special employment programs. Persons
will be accepted through such programs only upon Village Board approval
and only on the condition that the Village of Carthage shall incur
no additional expense. Persons so hired will be ineligible for membership
in any bargaining unit recognized by the Village Board but will be
subject to policies governing the terms and conditions of employment
as apply to regular Village employees. The employment of persons hired
under such special grants or programs will be terminated if funding
is reduced or discontinued, unless appointment is extended by the
Village Board.
A.
Employees of the Department of Public Works, including the Water
Department, shall be hired by the Village Board in accordance with
budget limitations established by the Village Board. Recommendations
for such hiring may be made to the Village Board by the Superintendent
of Public Works and/or the Water Superintendent.
B.
Part-time police shall be hired by the Village Board in accordance
with budget limitations established by the Village Board. Recommendations
for such hiring may be made to the Village Board by the Chief of Police,
who shall determine the work schedules of such police.
All employees are expected to report to work in reasonably clean
clothing and be neatly attired. Such employees themselves are to be
reasonably clean and presentable, as they are representatives of the
Village of Carthage while at work. Further, as a courtesy to their
fellow employees, personal hygiene must be maintained within normal
standards.
A.
Statement of purpose. The Board of Trustees of the Village of Carthage
has found that it is essential to the efficient operation of the government
that public confidence be expressed in all employees of the Village.
Accordingly, whenever any complaint is made against any Village employee,
it shall be taken seriously.
B.
Complaint. All complaints shall be reduced to writing. The person
receiving the complaint, if received orally, shall reduce it to writing.
A copy shall be given to the employee.
C.
Investigation. Upon receipt of a complaint, it shall be referred
to the employee's immediate supervisor for investigation. The investigation
shall consist of speaking to the complainant and the employee, at
a minimum. If there are other witnesses to the alleged incident, those
witnesses should also be consulted.
D.
Report. The supervisor shall render a written report that concludes
whether the complaint has merit, has no merit or whether the investigation
was inconclusive. A copy of such report shall be given to the employee.
E.
Action based on investigation. The following action shall be taken
with respect to the report:
(1)
In the event a complaint is found not to have merit after investigation,
the employee shall be so notified in writing and all reference to
the complaint shall be removed from the employee's personnel file.
(2)
In the event that the investigation is inconclusive, the investigative
report shall remain in the employee's file for six months, after which
time it shall be removed. The supervisor, if appropriate, may provide
the employee with a counseling letter relative to the complaint.
(3)
In the event the complaint is found to have merit, appropriate
disciplinary action shall be taken in accordance with § 75
of the Civil Service Law.
F.
Union contracts. Nothing in this policy is deemed to amend or alter
any obligation the Village may have to employees pursuant to any collective
bargaining agreement.
A.
It is the policy of the Village of Carthage to provide equal employment
opportunity to all people without regard to race, color, sex, religion,
age, national origin, disability, sexual preference or Vietnam Era
veteran status. The Village of Carthage Board of Trustees is personally
committed to assuring that the Village of Carthage will act affirmatively
to develop avenues of entry and mobility for minorities, women, individuals
with disabilities and Vietnam Era veterans through the following activities:
(1)
Development of programmatic approaches to the elimination of
all unjust exclusionary employment practices, policies and consequences;
(2)
Development of educational and training programs for all employees
with emphasis on our goals for upgrading minorities, women, individuals
with disabilities and Vietnam Era veterans;
(3)
Development of personnel practices, policies and career ladders
to assist and encourage upward mobility of employees restricted to
lower levels;
(4)
Development of mechanisms for swift and judicious resolution
of complaints of discrimination consistent with our policy and other
applicable statutes; and
(5)
Provision of reasonable accommodations to enable qualified individuals
with disabilities to enjoy equal employment opportunities and equal
terms, conditions and privileges of employment.
B.
To effectuate this policy, we have designed a plan which conforms
with all relevant federal and state nondiscrimination laws and regulations,
including, but not limited to: the Civil Rights Act of 1964, as amended;
the Rehabilitation Act of 1973, as amended; the Americans with Disabilities
Act; the Vietnam Era Veteran's Readjustment Act of 1974; and the New
York Human Rights Law. The plan applies to all job classifications
and titles in the Village of Carthage jurisdiction. It governs all
Village of Carthage employment policies, practices and actions, including,
but not limited to, recruitment, hiring, discipline, rate of pay or
other compensation, advancement, reclassification, reallocation, promotion,
demotion discharge and employee benefits. I will see that the Affirmative
Action Office is provided with all available resources necessary for
the execution of its program responsibilities. Moreover, all managers,
supervisors and employees must make consistently diligent efforts
to implement this policy in day-to-day program and employment decisions.
Affirmative action considerations will be an integral part of all
organizational activities performed in the furtherance of our mission
and in meeting our responsibilities to the state's citizens.
A.
The Village of Carthage currently provides medical insurance coverage
to its employees and their spouses and children.
B.
The issue of contribution by employees to cost of the premiums for
each medical insurance for union employees is addressed in their respective
labor contracts.
C.
The Village wishes to establish a policy for nonunion employees who
receive the medical insurance plan.
D.
The Board of Trustees shall require a contribution of medical insurance
premiums from any nonunion employees at a minimum rate equal to the
amount required to be paid by union employees. The DPW Superintendent,
Water Superintendent, Clerk/Treasurer, Deputy Clerk and Community
Development Director will contribute to medical insurance premiums
according to the DPW union contract. The Chief of Police and Sergeant
will contribute to medical insurance premiums according to the police
union contract. Medical insurance premium contributions for nonunion
employees may be specified from time to time by the Village Board
by resolution.
It is the policy of the Village of Carthage to comply with the
provisions of the Family Medical Leave Act (FMLA). The Village of
Carthage does not employ 50 or more employees who work 20 or more
calendar workweeks per year. Therefore, Village employees may not
be eligible under the FMLA.
[Added 12-18-2017 by L.L.
No. 7-2017]
The Village of Carthage shall not provide benefits under the
New York Paid Family Leave Act.
[Added 3-15-2021 by L.L.
No. 1-2021]
A.
Purpose, scope, situation overview, and assumptions.
(1)
Purpose. This plan has been developed in accordance with the
amended New York State Labor Law Section 27-c and New York State Education
Law Paragraphs k and l of Subdivision 2 of Section 2801-a (as amended
by Section 1 of Part B of Chapter 56 of the Laws of 2016), as applicable.
These laws were amended by the passing of legislation S8617B/A10832
signed by the Governor of New York State on September 7, 2020, which
requires public employers to adopt a plan for operations in the event
of a declared public health emergency involving a communicable disease.
The plan includes the identification of essential positions, facilitation
of remote work, provision of personal protective equipment, and protocols
for supporting contact tracing.
(2)
Scope. This plan was developed exclusively for and is applicable
to the Village of Carthage. This plan is pertinent to a declared public
health emergency in the State of New York which may impact our operations;
and it is in the interest of the safety of our employees and contractors,
and the continuity of our operations that we have promulgated this
plan.
(3)
Situation overview. On March 11, 2020, the World Health Organization
declared a pandemic for the novel coronavirus which causes the COVID-19
severe acute respiratory syndrome. This plan has been developed in
accordance with amended laws to support continued resilience for a
continuation of the spread of this disease or for other infectious
diseases which may emerge and cause a declaration of a public health
emergency. The health and safety of our employees and contractors
is crucial to maintaining our mission essential operations. We encourage
all employees and contractors to use CDC Guidance for Keeping Workplaces,
Schools, Homes, and Commercial Establishments Safe. The fundamentals
of reducing the spread of infection include:
(b)
Practice social distancing when possible.
(c)
If you are feeling ill or have a fever, notify your supervisor
immediately and go home.
(d)
If you start to experience coughing or sneezing, step away from
people and food, cough or sneeze into the crook of your arm or a tissue,
the latter of which should be disposed of immediately.
(e)
Clean and disinfect workstations at the beginning, middle, and
end of each shift.
(f)
Other guidance which may be published by the CDC, the State
Department of Health, or county health officials.
(4)
Planning assumptions. This plan was developed based on information,
best practices, and guidance available as of the date of publication.
The plan was developed to largely reflect the circumstances of the
current Coronavirus pandemic but may also be applicable to other infectious
disease outbreaks. The following assumptions have been made in the
development of this plan:
(a)
The health and safety of our employees and contractors, and
their families, is of utmost importance.
(b)
The circumstances of a public health emergency may directly
impact our own operations.
(c)
Impacts of a public health emergency will take time for us to
respond to, with appropriate safety measures put into place and adjustments
made to operations to maximize safety.
(d)
The public and our constituency expect us to maintain a level
of mission essential operations.
(e)
Resource support from other jurisdictions may be limited based
upon the level of impact the public health emergency has upon them.
(f)
Supply chains, particularly those for personal protective equipment
(PPE) and cleaning supplies, may be heavily impacted, resulting in
considerable delays in procurement.
(g)
The operations of other entities, including the private sector
(vendors, contractors, etc.), nonprofit organizations, and other governmental
agencies and services may also be impacted due to the public health
emergency, causing delays or other disruptions in their services.
(h)
Emergency measures and operational changes may need to be adjusted
based upon the specific circumstances and impacts of the public health
emergency, as well as guidance and direction from public health officials
and the Governor.
(i)
Per S8617B/A10832, "essential employee" is defined as a public
employee or contractor that is required to be physically present at
a work site to perform their job.
(j)
Per S8617B/A10832, "nonressential employee" is defined as a
public employee or contractor that is not required to be physically
present at a work site to perform their job.
B.
Concept of operations. The Village President, their designee, or
their successor holds the authority to execute and direct the implementation
of this plan. Implementation, monitoring of operations, and adjustments
to plan implementation may be supported by additional personnel, at
the discretion of the Village President. Upon the determination of
implementing this plan, all employees and contractors of the Village
of Carthage shall be notified by their immediate supervisor and/or
Village website, with details provided as possible and necessary,
with additional information and updates provided on a regular basis.
Village of Carthage residents will be notified of pertinent operational
changes by way of Village website and signage will be placed at Village
buildings. Other interested parties, such as vendors, will be notified
by phone and/or email as necessary. The Village President, their designee,
or their successor will maintain communications with the public and
constituents as needed throughout the implementation of this plan.
The Village President, their designee, or their successor will maintain
awareness of information, direction, and guidance from public health
officials and the Governor's office, directing the implementation
of changes as necessary. Upon resolution of the public health emergency,
the Village President, their designee, or their successor will direct
the resumption of normal operations or operations with modifications
as necessary.
C.
Mission essential functions.
(1)
When confronting events that disrupt normal operations, the
Village of Carthage is committed to ensuring that essential functions
will be continued even under the most challenging circumstances. Essential
functions are those functions that enable an organization to:
(2)
The Village of Carthage has identified as critical only those
priority functions that are required or are necessary to provide vital
services. During activation of this plan, all other activities may
be suspended to enable the organization to concentrate on providing
the critical functions and building the internal capabilities necessary
to increase and eventually restore operations. Appropriate communications
with employees, contractors, our constituents, and other stakeholders
will be an ongoing priority. Essential functions are categorized by
department and prioritized according to:
(3)
Priority 1 identifies the most essential of functions, with
Priority 4 identifying functions that are essential, but least among
them. The mission essential functions for the Village of Carthage
have been identified as:
|
Police Department
| ||
|---|---|---|
|
Essential Function
|
Description
|
Priority
|
|
Emergency calls
|
In-progress calls with danger to life
|
1
|
|
Emergency calls
|
In-progress calls involving criminal property damage
|
2
|
|
General service calls
|
In-progress calls not involving immediate danger to life or
property
|
3
|
|
Noncritical calls
|
Not in progress calls
|
4
|
|
Department of Public Works
| ||
|---|---|---|
|
Essential Function
|
Description
|
Priority
|
|
Obtain water samples and complete mandated reports
|
Send water samples for lab testing and forward results to NYS
Department of Health. Partake in the joint water filtration system
requirements to ensure safe drinking water for residents
|
1
|
|
Maintain streets
|
Check on road hazards, plow and sand the roads from snow and
ice events. Check on catch basins to make sure the water flowing so
roads are not flooded. Maintain grates at culverts crossing.
|
1
|
|
Sustain sewer infrastructure
|
Regularly check and, if necessary, remove blockages from sewer
mains
|
1
|
|
Maintain water infrastructure
|
Regularly check for water main leaks and repair as necessary
|
1
|
|
Maintain Village properties
|
Maintain buildings to include maintenance and repairs; maintain
properties to include plowing, sanding, mowing, and garbage removal
|
2
|
|
Maintain Village walks and Fire hydrants
|
Snow blow and shovel walks and sand and salt walks for pedestrians
to use. Snow blow hydrants after snow in case of a fire
|
2
|
|
Read water meters
|
Read water meters for water/sewer billing and to monitor usage
|
3
|
|
Clerk's Office
| ||
|---|---|---|
|
Essential Function
|
Description
|
Priority
|
|
Information technology
|
Coordinate the maintenance of the Village's network and phone
system
|
1
|
|
Cash receipts
|
Collect payments for water/sewer bills; taxes; and miscellaneous
payments and deposit funds daily
|
1
|
|
Payroll
|
Process payroll for all Village employees to include payment
of payroll liabilities and state and federal reporting
|
1
|
|
Vital statistics
|
Process birth and death records and provide certified copies
as requested
|
1
|
|
Information to Village Board
|
Collect, coordinate, and distribute information to the Village
Board and respond on their behalf as directed
|
1
|
|
Water/sewer billing
|
Process and distribute water/sewer bills on a quarterly basis
|
2
|
|
Property taxes
|
Process and distribute Village property tax bills on an annual
basis
|
2
|
|
Accounts payable
|
Review and approval of requisitions and monthly processing of
Village bills
|
2
|
|
Financial statements
|
Prepare annual budgets and financial reports as required by
federal, state, and Village laws. Regularly monitor budgets and prepare
monthly financial statements for the Village Board.
|
2
|
|
Work orders for water services
|
Complete work orders as requested by residents to connect/disconnect
or address their concerns regarding their water services
|
3
|
D.
Essential positions.
(1)
Each essential function identified above requires certain positions
on-site to effectively operate. The table below identifies the positions
or titles that are essential to be staffed on-site, unless otherwise
noted, for the continued operation of each essential function.
|
Police Department
| ||
|---|---|---|
|
Essential Function
|
Essential Positions/Titles
|
Justification for Each
|
|
Emergency calls
|
Chief, patrolman
|
Maintain law and order by protecting members of the public and
their property, preventing crime, reducing fear of crime and improving
the quality of life for Village residents
|
|
General service calls
|
Chief, patrolman
|
Maintain law and order
|
|
Noncritical calls
|
Chief, patrolman
|
Maintain law and order
|
|
Department of Public Works
| ||
|---|---|---|
|
Essential Function
|
Essential Positions/Titles
|
Justification for Each
|
|
Obtain water samples and complete mandated reports
|
Water/DPW Superintendent, MEO/laborer
|
The Water or DPW Superintendent will ensure the proper protocols
are followed and reports completed. MEOs and/or laborers will obtain
water samples and perform other duties as directed by the Water and/or
DPW Superintendent. Water Operator Grade IIA license is required
|
|
Maintain streets
|
DPW Superintendent, MEO/laborer
|
The DPW Superintendent will partake and direct the function
of maintaining streets for the safety of residents. MEOs/laborers
will perform duties as directed by the DPW Superintendent
|
|
Sustain sewer infrastructure
|
DPW Superintendent, MEO/laborer
|
The DPW Superintendent will partake and ensure MEOs/laborers
sustain sewer infrastructure as necessary
|
|
Maintain water infrastructure
|
Water/DPW Superintendent, MEO/laborer
|
The Water and/or DPW Superintendent will partake and ensure
MEOs/laborers maintain water infrastructure as directed. Water Operator
Grade D license is required
|
|
Maintain Village-owned parking lots
|
DPW Superintendent, MEO/laborer
|
The DPW Superintendent will partake and ensure MEOs/laborers
maintain Village properties
|
|
Maintain Village walks and fire hydrants
|
DPW Superintendent, MEO/laborer
|
The DPW Superintendent will partake and ensure MEOs/laborers
maintain Village properties
|
|
Read water meters
|
Water/DPW Superintendent, MEO/laborer
|
The Water/DPW Superintendent and MEOs/laborers will read water
meters
|
|
Clerk's Office
| ||
|---|---|---|
|
Essential Function
|
Essential Positions/Titles
|
Justification for Each
|
|
Information technology
|
Clerk/Treasurer, Deputy Clerk
|
The Clerk/Treasurer will coordinate and prioritize the maintenance
of the Village's network and phone systems and contact the contracted
IT provider as necessary. This function can be performed remotely.
The Deputy Clerk will perform this function in the absence of the
Clerk/Treasurer.
|
|
Cash receipts
|
Clerk/Treasurer, Deputy Clerk, front desk clerk
|
The front desk clerk and/or Deputy Clerk will collect cash receipts,
and the Deputy Clerk will prepare daily deposits. The Clerk/Treasurer
can oversee these functions remotely and will perform them in the
absence of the Deputy Clerk.
|
|
Payroll
|
Clerk/Treasurer, Deputy Clerk
|
The Deputy Clerk will process payroll under the supervision
of the Clerk/Treasurer which can be performed remotely. The Clerk/Treasurer
will perform this function in the absence of the Deputy Clerk.
|
|
Vital statistics
|
Registrar, Deputy Registrar
|
The Deputy Registrar will process birth and death records, and
certified copies as requested, per New York State rules and regulations.
The Registrar can process death records remotely and will process
all vital statistic functions in the absence of the Deputy Clerk.
|
|
Information to Village Board
|
Clerk/Treasurer, Deputy Clerk
|
The Clerk/Treasurer will collect, coordinate, and distribute
information to the Village Board and respond on its behalf as directed,
which can be performed remotely. The Deputy Clerk will perform this
function in the absence of the Clerk/Treasurer.
|
|
Water/sewer billing
|
Clerk/Treasurer, Deputy Clerk, front desk clerk
|
The Deputy Clerk and front desk clerk will prepare and distribute
water/sewer billing. The Clerk/Treasurer can oversee these functions
remotely and will perform them in the absence of the Deputy Clerk.
|
|
Property taxes
|
Clerk/Treasurer, Deputy Clerk, front desk clerk
|
The Clerk/Treasurer will forward the necessary information to
Jefferson County to prepare Village tax bills which can be done remotely.
The Deputy Clerk and front desk clerk will compile the documents and
mail them to Village residents. The Clerk/Treasurer will perform this
function in the absence of the Deputy Clerk.
|
|
Accounts payable
|
Clerk/Treasurer, Deputy Clerk, front desk clerk
|
The Clerk/Treasurer will review and approve requisitions and
prepare purchase orders which can be done remotely. The Deputy Clerk
and front desk clerk will process invoices received and input them
into the accounting system. The abstract for payment will be prepared
by the Deputy Clerk and the Clerk/Treasurer, and Village Board will
review and approve for payment which can be done remotely. After approval,
the Deputy Clerk will prepare payments to vendors. The Clerk/Treasurer
will perform these functions in the absence of the Deputy Clerk.
|
|
Work orders for water services
|
Deputy Clerk, front desk clerk, Clerk/Treasurer
|
The Clerk/Treasurer, Deputy Clerk and front desk clerk prepare
work orders as requested by residents to connect/disconnect or address
their concerns regarding their water services. This function can be
performed remotely.
|
(2)
It is important to note that Justice Court is a vital component
of Village government, with Justice Court functions budgeted and supported
by the Village Board. However, we recognize that the New York State
Office of Court Administration holds dominion over justice courts
and, as such, may issue orders which suspend or alter the hours of
operation or means by which justice courts operate; which may not
fully align with this plan or other measures taken by the Village
Board. As such, the Village Board, Village President, their designee,
or their successor will coordinate as necessary with Justice Court
personnel to ensure safe and effective continuity of Village Justice
Court.
E.
Reducing risk through remote work and staggered shifts. Through assigning
certain staff to work remotely and by staggering work shifts, we can
decrease crowding and density at work sites.
(1)
Remote work protocols.
(a)
Employees and contractors able to accomplish their functions
remotely will be enabled to do so at the greatest extent possible.
Working remotely requires:
(b)
The Village Board will approve the assignment of remote work
and ensure staff has the necessary equipment. As identified in the
mission essential function section,[1] essential staff has the ability to work remotely to reduce
exposures. Further, business hours and locations of Village government
may be altered to best accommodate public health protective actions
for employees and the public. Alterations to building access and the
means by which the public interacts with Village employees may also
take place to support these protections. Protective actions may include,
but are not limited to, occupancy restrictions, protective barriers,
and increased conduct of business by internet, phone, or other means.
Protective actions will be taken in accordance with County and State
Health Department, and CDC guidelines and requirements.
(c)
Staggered shifts.
[1]
Implementing staggered shifts may be possible for
personnel performing duties which are necessary to be performed on-site
but perhaps less sensitive to being accomplished only within core
business hours. As possible, management will identify opportunities
for staff to work outside core business hours as a strategy of limiting
exposure. Regardless of changes in start and end times of shifts,
the Village of Carthage will ensure that employees are provided with
their typical or contracted minimum work hours per week. Staggering
shifts requires:
[2]
The Village Board will work with department managers
to implement staggered shifts as deemed necessary.
F.
Personal protective equipment.
(2)
Note that while cleaning supplies are not PPE, there is a related
need for cleaning supplies used to sanitize surfaces, as well as hand
soap and hand sanitizer. The Coronavirus pandemic demonstrated that
supply chains were not able to keep up with increased demand for these
products early in the pandemic. As such, we are including these supplies
in this section as they are pertinent to protecting the health and
safety of our employees and contractors. Protocols for providing PPE
include the following:
(a)
Identification of need for PPE based upon job duties and work
location.
(b)
Procurement of PPE.
[1]
As specified in the amended law, public employers
must be able to provide at least two pieces of each required type
of PPE to each essential employee and contractor during any given
work shift for at least six months.
[2]
Public employers must be able to mitigate supply
chain disruptions to meet this requirement.
(3)
Department managers will order, monitor and ensure employees
are provided with necessary PPE and disinfectant cleaning supplies
which will be stored in an accessible area. A minimum of an eight-week
supply will be kept on hand by departments at all times.
G.
Staff exposures, cleaning, and disinfection.
(1)
Staff exposures.
(a)
Staff exposures are organized under several categories based
upon the type of exposure and presence of symptoms. Following CDC
guidelines, we have established the following protocols:
[1]
If employees or contractors are exposed to a known
case of communicable disease that is the subject of the public health
emergency (defined as a "close contact" with someone who is confirmed
infected, which is a prolonged presence within six feet with that
person):
[a]
Potentially exposed employees or contractors who
do not have symptoms should remain at home or in a comparable setting
and practice social distancing for the lesser of 14 days or other
current CDC/public health guidance for the communicable disease in
question.
[b]
CDC guidelines for COVID-19 provide that critical
essential employees may be permitted to continue work following potential
exposure, provided they remain symptom-free and additional precautions
are taken to protect them, other employees and contractors, and our
constituency/public.
[i]
Additional precautions will include the requirement
of the subject employee or contractor, as well as others working in
their proximity, to wear appropriate PPE at all times to limit the
potential of transmission.
[ii]
In-person interactions with the subject employee
or contractor will be limited as much as possible.
[iii]
Work areas in which the subject employee or contractor
are present will be disinfected according to current CDC/public health
protocol at least every hour, as practical. See the section on cleaning
and disinfection[3] for additional information on that subject.
[iv]
If at any time they exhibit symptoms, refer to Subsection G(1)(a)[2] below.
[v]
The Village President, their designee, or their
successor, in conjunction with the Village Board, will decide which
critical essential employees will be permitted to work following potential
exposure and is responsible for ensuring these protocols are followed.
[2]
If an employee or contractor exhibits symptoms
of the communicable disease that is the subject of the public health
emergency:
[a]
Employees and contractors who exhibit symptoms
in the workplace should be immediately separated from other employees,
customers, and visitors. They should immediately be sent home with
a recommendation to contact their physician.
[b]
Employees and contractors who exhibit symptoms
outside of work should notify their supervisor and stay home, with
a recommendation to contact their physician.
[c]
Employees should not return to work until they
have met the criteria to discontinue home isolation per CDC/public
health guidance and have consulted with a health care provider.
[d]
The Village of Carthage will require sick employees
to provide a negative test result for the disease in question or health
care provider's note to validate their illness, qualify for sick leave,
and to return to work; unless there is a recommendation from the CDC/public
health officials not to do so.
[e]
The Village President, their designee, or their
successor must be informed in these circumstances and is responsible
for ensuring these protocols are followed.
[3]
If an employee or contractor has tested positive
for the communicable disease that is the subject of the public health
emergency:
[a]
Apply the steps identified in Subsection G(1)(a)[2] above, as applicable.
[b]
Areas occupied for prolonged periods of time by
the subject employee or contractor will be closed off.
[i]
CDC guidance for COVID-19 indicates that a period
of 24 hours is ideally given before cleaning, disinfecting, and reoccupation
of those spaces will take place. If this time period is not possible,
a period of as long as possible will be given. CDC/public health guidance
for the disease in question will be followed.
[ii]
Any common areas entered, surfaces touched, or
equipment used shall be cleaned and disinfected immediately.
[c]
Identification of potential employee and contractor
exposures will be conducted.
[i]
If an employee or contractor is confirmed to have
the disease in question, the Village President or their designee should
inform all contacts of their possible exposure. Confidentiality shall
be maintained as required by the Americans with Disabilities Act (ADA).[5]
[5]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
[ii]
Apply the steps identified in Subsection G(1)(a)[1] above, as applicable, for all potentially exposed personnel.
[d]
The Village President, their designee, or their
successor must be notified in these circumstances and is responsible
for ensuring these protocols are followed.
(b)
We recognize there may be nuances or complexities associated
with potential exposures, close contacts, symptomatic persons, and
those testing positive. We will follow CDC/public health recommendations
and requirements and coordinate with our local public health office
for additional guidance and support as needed.
(2)
Cleaning and disinfecting. CDC/public health guidelines will
be followed for cleaning and disinfection of surfaces/areas. Present
guidance for routine cleaning during a public health emergency includes:
(a)
As possible, employees and contractors will clean their own
workspaces in the beginning, middle, and end of their shifts, at a
minimum.
[1]
High-traffic/high-touch areas and areas which are
accessible to the public/constituents will be disinfected at least
hourly.
[2]
The Police Chief, DPW Superintendent, Village Justice
and Clerk/Treasurer are responsible to ensure the cleaning of common
areas within their departments, and the frequency of such.
(b)
Staff tasked with cleaning and disinfecting areas will be issued
and required to wear PPE appropriate to the task.
(c)
Soiled surfaces will be cleaned with soap and water before being
disinfected.
(d)
Surfaces will be disinfected with products that meet EPA criteria
for use against the virus in question and which are appropriate for
that surface.
(e)
Staff will follow instructions of cleaning products to ensure
safe and effective use of the products.
H.
Employee and contractor leave. Public health emergencies are extenuating
and unanticipated circumstances in which the Village of Carthage is
committed to reducing the burden on our employees and contractors.
The NYS COVID-19 paid sick leave provided requirements related to
the COVID-19 pandemic, which forms the policies outlined below. This
policy may be altered based upon changes in law or regulation, as
applicable. It is our policy that employees of the Village of Carthage
will not be charged with leave time for testing for a declared public
health emergency involving a communicable disease. Employees will
be provided with up to 14 days (biweekly pay period) of paid sick
leave at the employee's regular rate of pay for a period which the
employee is unable to work due to quarantine (in accordance with federal,
state, or local orders or advice of a health care provider), and/or
experiencing symptoms and seeking medical diagnosis. Additional provisions
may be enacted based upon need and the guidance and requirements in
place by federal and state employment laws, executive orders, and
other potential sources. Contractors, either independent or affiliated
with a contracted firm, are not classified as employees of the Village
of Carthage and, as such, are not provided with paid leave time by
the Village of Carthage, unless required by law.
I.
Documentation of work hours and locations. In a public health emergency,
it may be necessary to document work hours and locations of each employee
and contractor to support contact tracing efforts. Identification
of locations shall include on-site work and off-site visits. This
information may be used by the Village of Carthage to support contact
tracing within the organization and may be shared with local public
health officials. Department managers will keep track of the hours
each employee works and the proximity of where they work on a daily
basis. Contractors, residents and visitors will be required to sign
in when they access Village buildings and each department manager
will be required to maintain the documentation.
J.
Housing for essential employees. There are circumstances within a
public health emergency when it may be prudent to have essential employees
lodged in such a manner which will help prevent the spread of the
subject communicable disease to protect these employees from potential
exposures, thus helping to ensure their health and safety and the
continuity of the Village of Carthage's essential operations. If such
a need arises, hotel rooms are expected to be the most viable option.
If hotel rooms are for some reason deemed not practical or ideal,
or if there are no hotel rooms available, the Village of Carthage
will coordinate with the Jefferson County Office of Fire and Emergency
Management to help identify and arrange for these housing needs. The
Village President, their designee, or their successor is responsible
for coordinating this.
