[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.
The Board is to be known as the "Personnel Advisory
Board," hereinafter to be referred to as the "Board."
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.
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.
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.
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.
The members shall serve with no compensation.
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.
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.
[Amended 11-7-2000; 4-27-2007; 1-18-2022]
The Personnel Advisory Board acts in an advisory capacity to the Town Manager in the establishment and administration of personnel policies under this chapter. 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 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]
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.
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.
[Amended 9-1-2015; 10-2-2018]
A.
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.
B.
Notwithstanding the employee designations set forth in § 49-12 herein, or the eligibility for benefits standards set forth above, temporary and seasonal employees are not entitled to any benefits provided in this Code or in the Town personnel handbook, regardless of the hours worked or scheduled weekly or annually. Contract employees are eligible for benefits only to the extent specified in the employment contract or as required by law. Definite-term employees are not eligible for any benefits provided in this Code or in the Town personnel handbook, regardless of the hours worked or scheduled weekly or annually, unless such benefits are specifically approved and granted, in writing, signed by the Town Manager at the time of hire or appointment. Upon adoption of this Code provision, the limitations on benefits eligibility set forth herein apply to both current and future employees, as applicable.
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, 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; 1-18-2022]
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 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 Town Manager.
[Amended 4-27-2007; 1-18-2022]
A.
Job descriptions, qualifications, hiring procedures
and promotion standards for municipal employees shall be set by the
Town Manager. The Town Manager may consult with the Personnel Advisory
Board on any matter covered in this section.
[Amended 4-27-2007; 1-18-2022]
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.
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.
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.
[Amended 1-2-2018]
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 retirement benefits under both:
(1)
Social security; and
(2)
Either the Maine Public Employees Retirement System (MEPERS, formerly
known as "MSRS") or an International City Managers Association Retirement
Corporation (ICMA-RC) retirement plan, with a Town match to either
of the employee's plan of choice of up to a maximum of 7% of the employee's
gross wages. (Union employees who participate in either an ICMA-RC
plan or any MEPERS plan under a collective bargaining agreement shall
have their contribution/Town match levels in either ICMA-RC or MEPERS
governed by the terms of their respective collective bargaining agreement.)
(a)
MEPERS.
[1]
As of January 1, 2018, the MEPERS so-called "Plan AN" retirement
plan, with benefits provided as per the MEPERS plan documents, shall
be available to eligible employees as a retirement plan option.
[2]
Any employee who had enrolled in the MEPERS so-called "Plan
AC" retirement plan as of July 1, 1995, and who has been continuously
enrolled in said plan, must continue in this benefit program.
[3]
Nonunion employees presently enrolled in, or who at hire were
hired into a position eligible for, the MEPERS Public Safety so-called
"2C Plan" (that was separately introduced through a collective bargaining
agreement in 2013) remain eligible (per MEPERS rules) for the Public
Safety 2C Plan, with the Town contribution per the current and respective
Public Safety collective bargaining agreements.
(b)
ICMA-RC. As of January 1, 2018, an employee may choose to remain
in, or may choose, the ICMA retirement plan as their plan of choice
for the Town's contribution. An employee so electing will have their
contribution made to an ICMA 457 Plan, and the Town's contribution
will be made to an ICMA 401 Plan.
B.
All eligible employees continue to be entitled to benefits under
social security.
[Amended 4-27-2007; 2-3-2015; 11-5-2019; 5-4-2021]
A.
Regular, hourly employees covered under this chapter
are entitled to the following vacation benefits:
(1)
After one consecutive year of employment, 10 days
of paid vacation (following probation accrued time can be taken).
(2)
After three years of consecutive employment, 12 days of paid vacation.
(3)
After five years of consecutive employment, 15 days
of paid vacation.
(4)
After 10 years of consecutive employment, 18 days of paid vacation.
(5)
After 15 years of consecutive employment, 22 days
of paid vacation.
(6)
After 20 years of consecutive employment, 25 days of paid vacation.
B.
Regular,
salaried employees covered under this chapter are entitled to the
following vacation benefits:
(1)
After
one consecutive year of employment, 15 days of paid vacation (following
probation accrued time can be taken).
(2)
After
three years of consecutive employment, 18 days of paid vacation.
(3)
After
five years of consecutive employment, 20 days of paid vacation.
(4)
After
10 years of consecutive employment, 22 days of paid vacation.
(5)
After
20 years of consecutive employment, 25 days of paid vacation.
C.
Accrued vacation must be taken within one year after
the anniversary date on which it is accrued, except for the following:
A maximum equaling the annual accrual amount may be carried over from
one year to the next. Carryover days shall not accumulate on a year-to-year
basis. For example: If the employee accrues 10 days of vacation annually,
a maximum of 10 days may be carried over to a new year. If the employee
accrues 15 days of vacation, a maximum of 15 days may be carried over
to a new year, and so on. In extraordinary circumstances, the Town
Manager may approve deviations from this policy in writing.
D.
Vacations shall be scheduled at a time mutually agreed
upon between the employee and the appropriate department head or the
employee and the Town Manager. Any vacation day taken without prior
agreement by the parties will be considered an unexcused absence.
E.
At the discretion of the Town Manager, a new employee may be credited
with years of service in a similar position for another employer for
the purpose of computing the annual accrual of vacation time.
F.
Probationary employees accrue vacation time on a monthly basis. This
time is available for use after the six-month probation period; however,
should the employee leave employment prior to their six-month probation,
accrued vacation time will not be paid to the employee.
G.
For employees
in good standing, upon separation from service, after the six-month
probationary period, accrued/unused vacation time, to a maximum of
80 hours, shall be paid to the employee, or in the event of death,
to the last known beneficiary or estate.
H.
This policy
will go into effect on July 1, 2021. Any employees impacted by new
accrual rates will begin at the new rate on July 1, 2021, regardless
of date of hire. New accrual rates will not be retroactive to an employee's
date of hire.
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 Town
Manager circumstances require such action.
[Amended 4-27-2007; 1-18-2022]
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.
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.
A.
Town holidays are as follows:
[Amended 11-5-2019]
|
New Year's Day
| |
|
Martin L. King Day
| |
|
Presidents Day
| |
|
Memorial Day
| |
|
July 4
| |
|
Labor Day
| |
|
Indigenous People's 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 holiday pay based upon the normal hours they would have worked
on the day of the holiday; if the holiday falls on a day the employee
would not have regularly worked, the employee will not be entitled
to holiday pay.
[Amended 11-5-2019]
[Amended 12-20-2016; 11-5-2019]
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).
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.
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 Town Manager, or another
designated individual. Investigations of sexual harassment will be
handled as confidentially as possible.
[Amended 4-27-2007; 1-18-2022]
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.
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.
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 sister,
brother, grandparent, father-in-law or mother-in-law, the employees
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, mother, father, domestic
partner (as defined by law), 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.
[Amended 11-5-2019]
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.
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 and discharge shall rest
with the Town Manager. The 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; 1-18-2022]
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.
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 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; 1-18-2022]
(1)
The Town Manager shall conduct an informal hearing
on the complaint within 15 calendar days of the date it was filed,
unless the 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 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.
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.
A copy of this chapter and any amendments shall
be provided to all Town employees covered by this chapter.
