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