Town of Wells, ME
York County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Wells 3-8-1985; amended 3-10-1990; 4-23-1994. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 230.

§ 49-1 Designation.

The Board is to be known as the "Personnel Advisory Board," hereinafter to be referred to as the "Board."

§ 49-2 Membership; appointment; terms of office.

The Board is to be made up of five members to be appointed by the Board of Selectmen for staggered three year-terms. Initially, two members shall be appointed for three years, two members for two years and one member for one year. Four members of the Board appointed by the Board of Selectmen shall make application to the Town Clerk as required for any committee, but shall not be a Town employee or Town official. One member of the Board shall be appointed by the Selectmen from eligible full-time employees.

§ 49-3 Officers.

A Chairman and Secretary of the Board shall be elected by the members from their membership at their first meeting after each Annual Town Meeting.

§ 49-4 Meetings.

A. 
The Board shall meet as needed, the day and time to be decided by the members.
B. 
All meetings shall be public, except that executive sessions may be held consistent with the Maine Freedom of Access Act, 1 M.R.S.A. §§ 401 to 410.

§ 49-5 Votes; minutes; records.

All votes by the Board shall be recorded by the Secretary. All votes shall have a minimum majority of three members' votes. The minutes of each meeting shall be read at the next meeting and approved and signed by a majority of the members. The original copy of the Secretary's minutes of every meeting shall be kept as a permanent record, excepting matters discussed while in executive session. These permanent records are to be kept by the Town Clerk with a copy to the Board of Selectmen.

§ 49-6 Vacancies.

Any vacancy that occurs on the Board between annual appointments shall be filled by an alternate approved by the Board of Selectmen from a list of candidates on file. This alternate will serve until the vacant term is over.

§ 49-7 Compensation.

The members shall serve with no compensation.

§ 49-8 Costs of operation.

The cost of the operation of the Board shall be paid by the Town of Wells and, where applicable, shall be chargeable to the department for which the expense may have been incurred.

§ 49-9 Expenditures.

Expenditures of any moneys appropriated for the operation of the Board shall be handled by the Town Treasurer. All bills shall be approved and signed by a majority of the members before any payment by the Town Treasurer.

§ 49-10 Duties.

[Amended 11-7-2000; 4-27-2007]
The Personnel Advisory Board acts in an advisory capacity to the Human Resources Director and/or Town Manager in the establishment and administration of personnel policies under this chapter. The Human Resources Director and/or the Town Manager shall meet with the Board regularly and shall inform the Board of matters arising under these policies. The Board may prepare an annual wage scale as established in § 49-24 of this chapter and review fringe benefits and other personnel issues as requested by the Human Resources Director, Town Manager, or the Board of Selectmen.
[Amended 4-29-1995; 4-26-1996; 4-19-1997; 4-17-1999; 11-7-2000; 1-22-2002; 4-16-2004; 4-28-2006]

§ 49-11 Applicability.

The policies in this chapter shall apply to all municipal employees with the following exceptions:
A. 
Employees of the Community School District, including certified employees, are not municipal employees and are not covered by this chapter.
B. 
Municipal employees covered by a collective bargaining agreement shall be covered by the terms of the applicable collective bargaining agreement, established through the negotiation process. Therefore, the terms and conditions of employment for employees covered by this chapter may differ from those for employees covered by a collective bargaining agreement.
C. 
The Town Manager shall not be covered by this chapter. The Manager is responsible to the Board of Selectmen and shall have the powers, duties and employment terms established by the Board of Selectmen and applicable Maine law.
D. 
The hiring process for employees subject to the exceptions in Subsections A through C shall not be subject to this policy.

§ 49-12 Employee designations.

A. 
An exempt employee is one whose position meets specific criteria established for white collar exemptions by the Fair Labor Standards Act and who is exempt from overtime pay requirements under the FLSA.
B. 
A non-exempt employee is one whose position does not meet the FLSA criteria for an exemption from the overtime requirements and who is entitled to compensation in the form of wages or compensatory time off for hours worked in excess of 40 hours per week.
C. 
A regular full-time employee is one who has satisfactorily completed a probationary period of six months and who is regularly scheduled to work 40 or more hours per week.
D. 
A regular part-time employee is one who has satisfactorily completed a probationary period of six months and who is employed to work less than 40 hours per week.
E. 
A temporary employee (full-time or part-time) is one who is employed for a specific period, usually not to exceed 15 consecutive weeks or the duration of the project or temporary vacancy which the employee was employed to fill, whichever is longer. Certain positions funded with federal funds or grants may also be considered temporary. Temporary employees retain that status until they are notified of a change in status.
F. 
A seasonal employee is one who is employed for temporary work of a seasonal nature. Examples include but are not limited to recreational assistants and lifeguards.
G. 
A definite-term employee is one who is appointed for a fixed term. Definite-term employees may be full- or part-time. Examples include but are not limited to reserve police officers who perform paid work pursuant to an appointment for a specific term without expectation of reappointment.
H. 
A contract employee is an individual hired through a written agreement specifying the terms and conditions of employment for a specific time period. Contract employees may be either temporary or definite-term employees, part-time or full-time, but do not have an expectation of continued employment beyond the term for which they are appointed and are not considered regular employees.
I. 
A probationary employee is one who has not completed six months of employment in the current position and/or who has not been informed that he or she has satisfactorily completed probation.

§ 49-13 Eligibility for benefits.

[Amended 9-1-2015]
Regular full-time employees are eligible for benefits as provided herein. Regular part-time employees whose normal workweek is at least 20 hours per week on an annual basis are eligible for the benefits provided on a pro rata basis, except as otherwise provided. Unless these policies provide otherwise, regular part-time employees whose normal workweek consists of 30 to 39 hours per week are eligible for 75% of the benefits available to full-time employees, and regular part-time employees whose normal workweek consists of 20 to 29 hours per week are eligible for 50% of the benefits available to full-time employees. Part-time employees whose normal workweek is less than 20 hours per week, temporary employees and seasonal employees are paid for hours actually worked, including overtime hours when applicable, but are not eligible for benefits except for workers' compensation, Social Security and unemployment compensation insurance as required by law, and as otherwise provided by law. Contract employees are eligible for benefits only to the extent specified in the employment contract or as required by law. Definite-term employees may be eligible for benefits depending on the nature of the position and the hours worked; the Town Manager shall determine eligibility for benefits when such a position becomes available.

§ 49-14 Workweek and overtime.

A. 
The standard workweek for full-time employees covered by these policies shall consist of 40 hours' work within seven consecutive days (24 hours), unless otherwise specified in the job description or at the time of appointment.
B. 
Overtime compensation is paid to non-exempt employees in accordance with federal and state wage and hour laws and regulations. Overtime is payable for all hours worked over forty (40) hours per week at a rate of one and one-half times the non-exempt employee's regular hourly rate, except for firefighters whose normal workweek is not 40 hours. Time off on personal time, holidays, vacation, or any leave of absence does not constitute hours worked.
C. 
Overtime compensation shall be paid either in the form of wages or compensatory time off. Employees must specify whether they prefer to receive overtime pay or be credited with compensatory time off prior to working the overtime hours. An employee who does not request compensatory time off will receive overtime wages. Employees may accrue up to 40 hours of compensatory time, which they shall be eligible to use when requested, unless use at the requested time would unduly disrupt the operations of the department.
D. 
A non-exempt employee who works more than 40 hours in any workweek must have authorization from the employee’s supervisor, department head, Human Resources Director, or Town Manager prior to working the overtime hours. Authorization shall be in writing except in cases of emergency. Employees working overtime hours shall document the overtime hours and report such hours in writing to the department head at the end of the workweek in which the hours were worked. Overtime worked without prior authorization may result in disciplinary action.
[Amended 4-27-2007]
E. 
Department heads who supervise three or more full-time employees (or part-time equivalents of three or more full-time employees) are exempt employees. Other employees may be exempt employees because the nature of their duties and responsibilities qualifies them as exempt executive, administrative, computer or professional personnel under the Fair Labor Standards Act. Employees with questions about whether their positions are exempt should consult the job description for their position, and/or the Human Resources Director or the Town Manager. Employees who are not eligible for overtime compensation may arrange for compensatory time off during their normal working hours at times that are not disruptive of the Town’s operations by agreement with the Human Resources Director or Town Manager.
[Amended 4-27-2007]

§ 49-15 Setting of standards; and adopting policies.

A. 
Job descriptions, qualifications, hiring procedures and promotion standards for municipal employees shall be set by the Human Resources Director or Town Manager. The Human Resources Director or Town Manager may consult with the Personnel Advisory Board on any matter covered in this section.
[Amended 4-27-2007]
B. 
The Board of Selectmen may enact such policies and regulations governing employment in the Town, including but not limited to an Employee Handbook, as are not inconsistent with this chapter. For purposes of this section, only a policy or regulation that expressly contradicts this chapter shall be considered inconsistent with this chapter.

§ 49-16 Appointments.

A. 
Appointment of department heads. The Town Manager shall appoint and supervise department heads, except the single Assessor, who is appointed by the Board of Selectmen.[1] The Town Manager shall supervise the single Assessor. Appointment of department heads is subject to confirmation by the Board of Selectmen.
[1]
Editor's Note: See Ch. 5, Assessments, § 5-1.
B. 
Appointment of other municipal employees. The Town Manager shall appoint and supervise all other municipal employees, except the Town Clerk and the Deputy and Assistant Clerks. The Manager may delegate appointment authority for positions within a department to a department head. Such appointments shall be reported to the Board of Selectmen.

§ 49-17 (Reserved)

§ 49-18 Retirement plan.

A. 
Employees covered by this chapter (full-time employees and part-time employees whose normal workweek consists of at least 20 hours per week) shall be entitled to benefits under both Social Security and either the Maine State Retirement System (MSRS) or the International City Managers Association Retirement Corporation (ICMARC) Deferred Compensation 457 Plan.
B. 
As of July 1, 1993, the MSRS retirement plan shall be available only to full-time employees enrolled in the MSRS as of that date. Employees presently enrolled in the MSRS may continue with the MSRS plan or may elect to terminate participation in the MSRS program and join the ICMARC Deferred Compensation 457 Program. Present and new full-time employees after July 1, 1993, and any part-time employee whose normal workweek consists of at least 20 hours per week after July 1, 1999, shall be entitled to benefits under both Social Security and the ICMARC Deferred Compensation 457 Plan.
C. 
ICMARC Town and employee contributions are as follows: The Town will match a full-time and eligible part-time employee's contribution to the ICMARC up to a maximum of 6% of the employee's gross wages.
D. 
As of July 1, 1995, the following MSRS benefits will replace benefits previously offered to employees under MSRS:
(1) 
Retirement: Maine State Retirement Benefit.
(2) 
Regular retirement plans: Plan A (with cost of living adjustment).
(a) 
One-fiftieth (2%) of average final compensation for each year of creditable service.
(b) 
Normal retirement age: 60.
(c) 
Employee contribution rate: 6.5%.
(d) 
Disability.
(e) 
Death benefit.
(3) 
For fire and police special plan: Plan 3 (with cost of living adjustment).
(a) 
Two-thirds of average final compensation.
(b) 
Twenty-five years of creditable service.
(c) 
Two percent of average final compensation for each year of creditable service beyond 25 years.
(d) 
Disability benefit.
(e) 
Death benefit.
(f) 
Employee contribution rate: 8%.
(4) 
Social Security.

§ 49-19 Vacations.

A. 
Regular full-time employees covered under this chapter are entitled to the following vacation benefits:
(1) 
After one consecutive year of employment, two weeks of paid vacation (following probation accrued time can be taken).
(2) 
After seven years of consecutive employment, three weeks of paid vacation.
[Amended 2-3-2015]
(3) 
After 14 years of employment, four weeks of paid vacation.
(4) 
Eligible regular part-time employees will receive either 75% or 50% of this benefit described in Subsection A(1) through (3) above, as provided in § 49-13 of this chapter. Other employees are not entitled to a vacation benefit unless otherwise agreed at the time of appointment.
B. 
Accrued vacation must be taken within one year after the anniversary date on which it is accrued, except for the following: A maximum of five vacation days may be carried over from one year to the next year. Carry-over days shall not accumulate on a year-to-year basis.
C. 
Vacations shall be scheduled at a time mutually agreed upon between the employee and the appropriate department head or the employee and the Human Resources Director or the Town Manager. Any day taken without prior agreement by the department head or Human Resources Director or Town Manager will be considered an unexcused absence.
[Amended 4-27-2007]

§ 49-20 Term of employment.

A. 
All regular full-time and regular part-time employees shall serve an initial six-month probationary period and shall be probationary until affirmatively informed that probation has been satisfactorily completed.
B. 
Probationary employees may be dismissed without cause. Dismissal of a probationary employee is not subject to appeal under § 49-32.
C. 
After satisfactory completion of the probationary period, regular full-time and part-time employees may be removed for cause only after notice and hearing unless otherwise specified by law or this chapter. Lay-offs or terminations arising out of a reduction in force or for similar budgetary reasons do not constitute removal for cause and may be implemented when in the discretion of the Human Resources Director or Town Manager circumstances require such action.
[Amended 4-27-2007]
D. 
Definite-term, temporary, seasonal, or contract employees shall serve for the length of the term specified in the appointment document or contract, unless removed during that term in accordance with the procedure specified therein. Definite-term, temporary, seasonal or contract employees may be required to serve a probationary period during the specified term, during which they may be removed under Subsection B.
E. 
Deputy Clerks shall serve at the pleasure of the Town Clerk.

§ 49-21 Sick leave.

A. 
Regular full-time employees shall be entitled to accumulate one eight-hour day of sick leave per month, and regular part-time employees eligible for benefits shall be entitled to accumulate either six hours or four hours of sick leave per month, as provided in § 49-13 of this chapter.
B. 
To obtain paid sick leave, an eligible employee shall notify his/her department head of his/her absence no later than the time he/she is due to report for work.
C. 
On separation, an employee is entitled to be paid for 1/3 of the total unused sick leave, to a maximum of 40 days. The amount of payment shall be calculated based on the employee's straight-time hourly rate of pay on the date of separation. Payment shall be subject to the following:
(1) 
Department heads and other exempt employees must provide a minimum of four calendar weeks' notice. All other employees must provide a minimum of two calendar weeks' notice.
(2) 
Employees who are dismissed for cause shall not be eligible for payment of unused sick leave.
(3) 
Employees who are on layoff and choose to receive the one-third payment shall have the option of restoring the accumulated sick leave by returning the one-third payment should they be recalled.
(4) 
Upon an employee's death, the one-third payment shall accrue to the employee's designated beneficiary or estate.

§ 49-22 Holidays.

A. 
Town holidays are as follows:
New Year's Day
Martin L. King Day
Presidents Day
Memorial Day
July 4
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
B. 
The above is to be defined as follows: All regular full-time employees are to be paid 1/5 of a regular workweek for holidays. Regular part-time employees whose normal workweek is at least 20 hours per week shall receive either 50% of their normal pay for the day or 75% of their normal pay for the day, as provided in § 49-13 of this chapter, provided the holiday falls on a day they would normally work.
C. 
An eligible employee who works on a holiday will be paid holiday pay at the rate of time and 1/2 the regular hourly rate in addition to the pay set out in Subsection B above.

§ 49-23 Sickness and accident insurance.

A. 
The premium for individual and family plan subscription under the Maine Municipal Employee Health Trust Comprehensive Health Plan or Point of Service Option or a substantially equivalent program will be paid partially by the Town and partially by eligible employees. Prior to the annual renewal of the health insurance, the Board of Selectmen shall determine the Town's contribution for regular full-time and regular part-time employees and the remaining costs shall be the responsibility of the participating employee through payroll deductions. Regular part-time employees whose normal workweek consists of at least 20 hours per week shall be eligible for health insurance, with the Town paying the share of premium costs specified by the Board of Selectmen.
B. 
A regular full-time employee who has health insurance coverage from another source may elect to apply 75% of the premium cost of the health insurance for a single subscriber to obtain other forms of insurance available through Town employment or to receive 60% of the premium cost for a single subscriber in cash on an annual basis. To qualify for this election, the full-time employee must provide satisfactory proof of health insurance coverage on an annual basis and must agree to receipt of this payment in accordance with applicable federal laws and regulations.
A part-time employee: Effective January 1, 2017, a part-time employee who has health insurance from another source and is otherwise eligible for benefits with the Town will be offered an employer-funded Flexible Spending Account (FSA) with funds of $500 per year (to be prorated based on date of hire during the year).
[Amended 12-20-2016]

§ 49-24 Merit pay plan.

A. 
As of July 1, 1996, a merit pay plan will replace the previous salary plan for eligible employees. The merit pay plan requires employees to be placed within one of the four compensation bands based on the employee evaluation and productivity progress. The Town Manager will recommend a merit pay increase report to the Personnel Advisory Board for its review and comments. The Board of Selectmen must then approve the merit pay report for it to be implemented.
B. 
The Personnel Advisory Board may prepare, at the Selectmen's request, a complete wage scale and yearly increases to said scale and make recommendations to the Selectmen who shall submit the plan for approval at an Annual Town Meeting. In doing so the Board shall take into consideration the cost of living and the various jobs and levels of pay in the surrounding areas. The Board shall consult with the department heads and the Town Manager in preparing said wage scales and increases.

§ 49-25 Discrimination.

A. 
The Town of Wells does not discriminate in employment based on race, religion, color, national origin, gender, sexual orientation, mental or physical disability, ancestry, marital status, status as a veteran, age or the assertion of a claim or right under state worker's compensation statutes.
B. 
Sexual harassment is prohibited. "Sexual harassment" is defined as unwelcome sexual advances, sexually explicit gestures, unwelcome physical contact that is sexual in nature, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
(1) 
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
(2) 
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
(3) 
Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
C. 
Sexual harassment by an employee, including a supervisor, of another employee will be grounds for discipline up to and including discharge. Any employee who experiences or observes sexual harassment should report it to a department head, the Human Resources Director or Town Manager, or another designated individual. Investigations of sexual harassment will be handled as confidentially as possible.
[Amended 4-27-2007]
D. 
Harassment based on race, religion, color, national origin, gender, sexual orientation, mental or physical disability, ancestry, marital status, status as a veteran, age or assertion of a worker's compensation claim is expressly prohibited in the workplace. Any employee who experiences or observes harassment should report it to a department head, the Town Manager, or other designated individual for investigation. Investigations will be handled as confidential to the extent possible. Harassment by any employee, including a supervisor, of another employee, customer, member of the public or other person with whom the employee comes in contact during the course of his/her employment will be grounds for discipline up to and including discharge.
E. 
The Board of Selectmen is authorized to adopt, and from time to time amend, a Workplace Harassment Policy to further define prohibited harassment and sexual harassment and to establish procedures for reporting, investigating and resolving complaints of harassment. Any such Workplace Harassment Policy may address other aspects of workplace discrimination as well.

§ 49-26 Military leave.

Pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA) (39 USC §§ 4301 - 4333), all employees who perform duty, voluntarily or involuntarily, in the United States Armed Forces, National Guard or Coast Guard will be granted leave to serve in the uniformed services of the United States for a period of up to five years (not including certain involuntary extensions of service). Employees who perform and return from service in the Armed Forces, the Military Reserves, the National Guard or certain Public Health Service positions will retain certain rights with respect to reinstatement, seniority, layoffs, compensation, length of service, promotions, and length of service pay increases, as required by applicable federal and state law. The Board of Selectmen is authorized to adopt a Military Leave Policy consistent with state and federal law, which shall provide for paid leave for the first three weeks of military leave for those employees who comply with notice and confirmation of service requirements and provide an official statement of service pay as follows: the employee shall receive from the Town the difference between his/her regular wages and service pay for those first three weeks of military leave. The Board shall include such other provisions as may be required by law or deemed appropriate by the Board of Selectmen.

§ 49-27 Other types of leave.

A. 
Citizen obligations. Employees shall be granted leave with pay when it becomes necessary for them to be absent from work for the purpose of such citizenship obligations as jury duty, witness (when properly subpoenaed), voting and other similar obligations; provided, however, that should any fees be paid the employee, the employee shall receive as wages the difference between his/her regular wages and the amount of fees so paid, if any, if such fee is less. All notices to an employee to appear for any citizenship obligation shall be presented to his/her department head in order for him/her to be eligible for payment of wages during his/her absence.
B. 
Pregnancy leave. For the purposes of paid leave, pregnancy leave shall be treated as any other temporary disability.
C. 
Family medical leave. An employee who has worked for the Town for 12 consecutive months and worked at least 1,250 hours during the twelve-month period is entitled to family medical leave in accordance with the Federal Family Medical Leave Act. Employees who have worked for the Town for 12 consecutive months but have worked less than 1,250 hours during that period may qualify for up to 10 weeks of family medical leave within a two-year period under Maine law. An employee eligible for a family medical leave may use paid leave to the extent it is otherwise available under this chapter. The remainder of the leave will be without pay. An employee is eligible for benefits during his/her leave as specified in the applicable statute. An employee who requests family medical leave in conformity with this section and the Town of Wells Employee Handbook shall be restored to the same or an equivalent position without loss of seniority or other benefits at the end of the leave, provided the employee is able to perform the duties of the position, unless for reasons unrelated to the leave the employee is terminated or the position is eliminated. Procedures for requesting and obtaining family medical leave and returning to work are stated in the Employee Handbook.
D. 
Bereavement leave. In the event of the death of the employee's mother, father, sister, brother, father-in-law or mother-in-law, the employee shall be entitled to up to three days' leave for the purpose of attendance at the funeral and assisting in the necessary family arrangements and up to five days in the case of a spouse or child. In cases where travel arrangements or other unusual circumstances prevail, the Town Manager may, at his discretion, grant additional time which the employee may take without pay. An amount of leave time, to be determined by the Town Manager but in no case to exceed one day, will be allowed at funerals for other relatives or persons actually living in the same household.

§ 49-28 (Reserved)

§ 49-29 (Reserved)

§ 49-30 Annual evaluations.

All regular full-time and part-time employees whose normal workweek consists of at least 20 hours per week shall be evaluated following the procedure outlined in the Employee Handbook. Evaluations shall be made part of the employee's personnel file and be used to assist in determining merit raises.

§ 49-31 Discipline and dismissal.

A. 
An employee may be given a written reprimand, suspended, demoted, otherwise disciplined or dismissed for cause. Except where immediate action is required, an employee will be given written notice of the proposed discipline and the reasons for it prior to the effective date of such discipline. In the event of suspension for more than three days or dismissal, an employee will have the opportunity to meet with the department head or other supervisor on whose decision the discipline is based to discuss the proposed discipline before the effective date, except in circumstances warranting immediate suspension or termination. The authority to discipline shall rest with the Human Resources Director or Town Manager and the authority to discharge shall rest with the Town Manager. The Human Resources Director or Town Manager may delegate authority to take initial disciplinary action to department heads for employees under their supervision. The Town Manager shall report all dismissals to the Board of Selectmen.
[Amended 4-27-2007]
B. 
Records of discipline less than suspension, including demotion, shall not be considered in subsequent disciplinary decisions if there is no other disciplinary action in the next 18 months. Records of suspension shall not be considered if there is no further disciplinary action for 36 months.

§ 49-32 Appeals.

A. 
An employee other than a department head who is aggrieved by the action of a department head under a specific section of this chapter or the Employee Handbook may file a complaint with the Human Resources Director or Town Manager. The complaint shall be filed in writing within 10 calendar days of the time that the employee knew or should have known of the event giving rise to the complaint. The written complaint shall contain a statement of the action about which the employee complains and the section of this chapter that the employee believes has been violated.
[Amended 4-27-2007]
(1) 
The Human Resources Director or Town Manager shall conduct an informal hearing on the complaint within 15 calendar days of the date it was filed, unless the Human Resources Director or Town Manager requests and the employee agrees to an extension of time. The aggrieved employee shall have an opportunity to present his or her complaint and to question the department head and any adverse witnesses. The Human Resources Director or Town Manager shall render a decision in writing, giving reasons for his/her decision and making findings of fact, within 10 calendar days after the hearing concludes.
(2) 
An appeal of the Human Resources Director’s or Town Manager’s decision can be made in writing to the Board of Selectmen within 20 calendar days from receipt of the decision. The Board of Selectmen shall hear the appeal at its next regularly scheduled meeting in executive session or as otherwise provided by the Maine Freedom of Access Law. The Selectmen shall render a decision in writing giving reasons for their decision within 10 calendar days after the hearing concludes. The Selectmen’s decision is final.
B. 
Department head appeals. A department head who is aggrieved by the action of the Town Manager under a specific section of this chapter or the Employee Handbook may file an appeal with the Board of Selectmen. The appeal shall be filed in writing within 10 calendar days of the time that the employee knew or should have known of the event giving rise to the appeal. The written appeal shall contain a statement of the action being appealed and the section of this chapter that he/she believes has been violated. The Board of Selectmen shall conduct a hearing within 15 calendar days of the date the grievance was filed, unless the Board requests and the department head agrees to an extension of time. The aggrieved department head shall have an opportunity to present his or her position, including the right to present witnesses, and to question the Town Manager and any adverse witnesses. The Board shall render a decision in writing, giving reasons for its decision and making findings of fact, within 10 calendar days after the hearing concludes.
C. 
The final written decision in any disciplinary action shall be confidential except to the extent the Freedom of Access law, 1 M.R.S.A. § 401, et seq., requires the decision to be a public record.

§ 49-33 Amendments.

This chapter may be amended and/or changed by an article to be voted on at a Town Meeting. Copies of any proposed amendment and/or changes shall be given to all Town employees covered by this chapter.

§ 49-34 Distribution.

A copy of this chapter and any amendments shall be provided to all Town employees covered by this chapter.