[Amended 6-16-1997; 6-7-1999; 4-16-2007; 8-20-2007 by L.L. No.
7-2007; 4-20-2009; 11-21-2011 by L.L. No. 6-2011; 7-18-2016 by L.L. No.
6-2016]
Policies pertaining to terms and conditions of employment apply
only to those employees of the Village of Carthage who are not represented
by a collective bargaining unit and with whom the Village of Carthage
has no labor agreement. Terms and conditions of employment for employees
(including employees of the Carthage/West Carthage Sewage Treatment
Plant) who are represented by a collective bargaining unit are stated
in the agreement between such organization and the Village of Carthage.
A.
Employees will be paid biweekly on Thursday for the two weeks ending
the previous Saturday.
B.
When the Village Clerk/Treasurer is on vacation for a minimum of
one week, the Deputy Clerk will receive, in addition to his or her
regular salary, 1/2 the difference between his or her regular salary
and the regular salary of the Village Clerk/Treasurer.
C.
When the Chief of Police is on vacation for a minimum of one week,
the Sergeant or Acting Police Chief as designated by the board will
receive, in addition to his or her regular salary, 1/2 the difference
between his or her regular salary and the regular salary of the Police
Chief.
D.
When the Superintendent of Public Works is on vacation for a minimum
of one week, the Assistant Superintendent of Public Works or Acting
Public Works Superintendent as designated by the board will receive,
in addition to his or her regular salary, 1/2 the difference between
his or her regular salary and the regular salary of the Superintendent.
E.
When the Water Superintendent is on vacation for a minimum of one
week, the Acting Water Superintendent as designated by the board will
receive, in addition to his or her regular salary, 1/2 the difference
between his or her regular salary and the regular salary of the Water
Superintendent.
[Amended 1-17-2017 by L.L. No. 1-2017]
A.
Full-time employees will be paid for the following eight holidays:
New Year's Day, Labor Day, Columbus Day, Fourth of July, Memorial
Day, Veteran's Day, Thanksgiving Day, and Christmas Day. In addition,
the DPW Superintendent, Water Superintendent, Village Clerk's office
and the Community Development Director all receive Good Friday afternoon
off, beginning at 12:00 p.m. as a paid holiday; the Chief of Police
and Sergeant receive the full day off on Good Friday and Easter as
paid holidays. When a paid holiday occurs on a Saturday, the previous
day (Friday) will be treated as the paid holiday. When a paid holiday
occurs on a Sunday, the following day (Monday) will be treated as
the paid holiday.
B.
In addition, three personal days, selected by the full-time employee,
will be paid for. In the event the employee is unable to use any portion
of the three days by the end of the current fiscal year, they may
be added to his or her accumulation of sick days at the beginning
of the new fiscal year.
[Amended 1-17-2017 by L.L. No. 1-2017]
A.
Longevity pay shall be separate and distinct from the full-time employee's
regular salary and paid to the employee in a lump sum payment annually
with the first payroll in June.
|
Length of Service With Village
|
Annual Longevity Payment
|
|---|---|
|
0 to end of 5th year inclusive
|
$0
|
|
6th to end of 10th year inclusive
|
$350
|
|
11th to end of 15th year inclusive
|
$700
|
|
Over 15 years
|
$1,050
|
B.
Longevity payments enjoyed by employees prior to this amendment (January
2, 2001), are to continue. If the level of longevity thus preserved
exceeds that as specified above, the longevity level shall remain
frozen until such time as the above schedule results in a payment
that exceeds the employee's level currently enjoyed. At that time,
the employee's longevity payment shall be in accordance with the above-specified
schedule.
C.
The Chief of Police and Sergeant shall be allowed the same longevity
benefits and payment terms offered to union members under the police
contract.
D.
The DPW Superintendent and Water Superintendent shall be allowed
the same benefits and payment terms offered to union members under
the DPW Labor Contract.
A.
In compliance with the Federal Fair Labor Standards Act of 1938,
and its amendments, employees of the Department of Public Works (including
the Water Department) will work a forty-hour straight-time week, as
follows: Monday through Friday, 7:00 a.m. to 3:30 p.m., with 1/2 hour
off for lunch. Nonexempt employees will be paid at the rate of time
and a half for each overtime hour worked over 40 hours in any given
week. For clarification, hours worked does not include sick time or
personal days.
B.
When a nonexempt employee is called into work on a legal holiday,
in addition to receiving holiday pay, said employee will be paid time
a half for each hour worked as long as the employee reports for work
both the day before and day after the holiday.
C.
Members of the Police Department will work either a thirty-six-hour
or forty-eight-hour workweek, on a staggered schedule, with one hour
off for lunch.
D.
The Village Clerk/Treasurer will work 8:30 a.m. to 4:00 p.m., Monday
through Friday, with one hour off for lunch from October through June.
The Village Clerk/Treasurer will work 8:30 a.m. to 4:00 p.m., Monday
through Thursday with 1/2 hour off for lunch, and 8:30 a.m. to 1:00
p.m. on Friday from July through September. The Clerk/Treasurer or,
in his or her absence, the Deputy Clerk will attend all Village Board
meetings to take minutes. The Deputy Clerk and other office personnel
will work during the hours the Village office is open: 8:00 a.m. to
4:00 p.m., Monday through Friday, with one hour off for lunch from
October through June. The Deputy Clerk and other office personnel
will work during the hours the Village office is open: 8:00 a.m. through
4:00 p.m. Monday through Thursday with 1/2 off for lunch and 8:00
a.m. through 1:00 p.m. on Friday from July through September. Part-time
workers will have designated hours of work.
E.
The Community Development Director will work 8:30 a.m. to 4:30 p.m.,
Monday through Friday, with one hour off for lunch.
A.
Vacation shall accrue at 1/2 the annual rate for each six months
of completed service with the Village. An employee may take vacation
with pay at any time after it has been accrued and under a departmental
schedule in such manner as to maintain public service.
B.
After one year of continuous full-time employment, an employee shall
be entitled to an annual, noncumulative, paid vacation of two weeks
(10 working days). After five years the employee is entitled to annual,
noncumulative, paid vacation of three weeks (15 working days). After
10 years the employee is entitled to annual, noncumulative, paid vacation
of four weeks (20 working days). After 16 years the employee is entitled
to annual, noncumulative, paid vacation of five weeks (25 working
days).
C.
Upon termination of employment, either by resignation or retirement,
an employee furnishing at least two weeks' notice of his or her intended
employment terminations shall be entitled to compensation, at his
or her straight time rate of pay, for unused vacation time to which
he or she otherwise would be entitled. If, however, the employee is
a department head, one months' notice shall be required as a condition
of eligibility for unused vacation time compensation.
A.
All regular full-time employees will be enrolled in the New York
State Retirement System.
B.
Employees will be covered by disability insurance and workers compensation
insurance, in accordance with New York State law.
C.
Sick leave. Each full-time employee will be entitled to 1 1/4
days of certifiable sick leave per month, accumulative to 60 days.
(1)
In the event an employee reaches the full accumulation of 60
days, they shall be entitled to receive $15 for each unused sick day
over the sixty-day accumulation. Payments shall be made at the beginning
of the new fiscal year for the ending of the previous fiscal year.
Upon retirement from the Village, employees shall receive $20 per
unused accumulated sick day.
D.
Each full-time employee will be entitled to three days off, with
pay, in the event of the death of a member of his or her immediate
family, to include spouse, mother, father, sisters, brothers, children
(of both the employee and his or her spouse). In addition, employees
are also entitled to one day off for the funeral of the employee's
grandparents only.
E.
Clothing allowance.
(1)
The DPW Superintendent and Water Superintendent shall be entitled
to the clothing allowance and work shoe allowance benefit equivalent
to what is allowed union members under the DPW contract.
(2)
The Chief of Police and Sergeant shall receive an annual uniform
credit and dry cleaning allowance equivalent to those allowed to union
members under the police contract.
F.
Employees required to carry cell phones for work purposes, who do
not have a cell phone provided by the Village, shall receive $15 per
month, which will be paid on an annual basis.
G.
Reimbursements.
(1)
Employees or officials of the Village of Carthage who have been
authorized by the Village Board to use their private vehicles for
Village business, will be reimbursed at the prevailing New York State
rate.
(2)
Employees or officials will be reimbursed for reasonable expenses
(fees, meals, lodging, travel) incurred in attendance at meetings,
conferences, conventions, hearings, and the like, provided such attendance
has been authorized by the Village Board.
Deductions from employees' paychecks (for dues, insurance, sheltered
annuity, contributions, etc.) will be made only upon execution of
a payroll deduction authorization signed by the employee. Other deductions
(social security, federal and state income tax withholdings, Department
of Social Services payments, garnishees, etc.) will be made as required
by law.
Any employee required to serve on a jury will receive full regular
pay as an employee of the Village for the period of time he or she
is on jury duty, and will endorse his or her jury duty check to the
Village of Carthage; except, however, that if the jury duty check
includes an allowance for travel expense and meals, the employee may
retain the amount of such allowance.
To safeguard Village funds, the Village Board shall purchase
a "blanket bond" covering all Village personnel handling Village funds.
A.
No official or employee shall have an interest in any contract with
the Village of Carthage.
B.
No official or employee shall solicit or accept any gift having a
value of $75 or more, under circumstances in which it could be inferred
that the gift was expected to influence the official or employee in
the performance of his or her duties, or was intended as a reward
for any official action on his or her part.
C.
No official or employee shall disclose confidential information acquired
in the course of his or her official duties, nor shall any official
or employee of the Village of Carthage use such information to further
his or her personal interests.
No fundraising campaigns may be conducted among or by Village
personnel, or on Village-owned premises, without the express permission
of the Village Board.
Lists of any data pertaining to Village personnel (officers,
employees, etc.) shall be maintained for Village purposes only, and
shall not be distributed or made available, in part or wholly, to
the media, salespersons, vendors, compilers of lists, public opinion
researchers, or the like.
The Village Clerk shall maintain personnel files for all employees
of the Village. Personnel files shall contain the following information:
A.
Name and address.
B.
Education.
C.
Preparation, training, experience, qualifications.
D.
Date of birth.
E.
Health condition.
F.
References.
G.
Social security number.
H.
Telephone number.
I.
Position obtained.
J.
Date employment started.
K.
Date employment ended.
L.
Reason for termination of Village employment.
M.
Documents constituting proof of the foregoing data, such as a birth
certificate or diploma, shall be included in the personnel file.
Employees shall have a physical examination at least once every
five years, or as requested by the Village Board. The results of such
examination shall be reported to the Village Board and shall be entered
in the employee's personnel file. When the results of such examination
indicate the employee is not fit for duty by reasons of health, the
Village Board may suspend or discharge the employee, or grant the
employee a leave of absence, depending on the nature and severity
of the employee's disability.
With the exception of on-duty police officers who reside in
the Village, employees are prohibited from driving any village-owned
vehicle to their residences, except while performing official job
duties at their residence. All Village vehicles are to be left in
their designated storage area at the close of each working day or
shift.
The Police Chief is designated the chief law enforcement officer
for the purpose of exercising control and inspection of games of chance
activities in the Village of Carthage.
A.
All applications for employment will be kept on file by the Village
Clerk for a minimum of two years.
B.
Applications for employment shall contain the following information:
(1)
Name and address.
(2)
Education.
(3)
Preparation, training, experience, and qualifications.
(4)
Names and addresses of previous employers, and dates of employment.
(5)
Reason for termination of most recent job or position.
(6)
Date of birth.
(7)
Health condition.
(8)
References.
(9)
Social security number.
(10)
Telephone number.
(11)
Position sought.
C.
If a tentative offer of employment is tendered, the applicant shall
be required to undergo a physical examination and drug testing prior
to the commencement of employment. Final determination of the applicant's
employment will depend on results of such examination.
D.
If tentative offer of employment is tendered, the applicant shall
be required to undergo a background check which shall include the
supplying of fingerprints through the Village of Carthage Police Department
so that the same may be run through the Division of Criminal Justice
Services. The Police Department shall perform a further background
check as well. Final determination of the applicant's employment will
depend on the results of such background check.
[Amended 12-17-2018 by L.L. No. 3-2018]
A.
Introduction. Village of Carthage is committed to maintaining a workplace
free from sexual harassment. Sexual harassment is a form of workplace
discrimination. All employees are required to work in a manner that
prevents sexual harassment in the workplace. This policy is one component
of Village of Carthage's commitment to a discrimination-free work
environment. Sexual harassment is against the law and all employees
have a legal right to a workplace free from sexual harassment and
employees are urged to report sexual harassment by filing a complaint
internally with Village of Carthage. Employees can also file a complaint
with a government agency or in court under federal, state or local
antidiscrimination laws.
B.
Policy.
(1)
Village of Carthage's policy applies to all employees, applicants
for employment, interns, whether paid or unpaid, contractors and persons
conducting business, regardless of immigration status, with Village
of Carthage. In the remainder of this document, the term "employees"
refers to this collective group.
(2)
Sexual harassment will not be tolerated. Any employee or individual
covered by this policy who engages in sexual harassment or retaliation
will be subject to remedial and/or disciplinary action (e.g., counseling,
suspension, termination).
(3)
Retaliation prohibition: No person covered by this policy shall
be subject to adverse action because the employee reports an incident
of sexual harassment, provides information, or otherwise assists in
any investigation of a sexual harassment complaint. Village of Carthage
will not tolerate such retaliation against anyone who, in good faith,
reports or provides information about suspected sexual harassment.
Any employee of Village of Carthage who retaliates against anyone
involved in a sexual harassment investigation will be subjected to
disciplinary action, up to and including termination. All employees,
paid or unpaid interns, or nonemployees working in the workplace who
believe they have been subject to such retaliation should inform a
President or Deputy President, Board Member or the Village Clerk.
All employees, paid or unpaid interns or nonemployees who believe
they have been a target of such retaliation may also seek relief in
other available forums, as explained below in the section on legal
protections.
(a)
While this policy specifically addresses sexual harassment,
harassment because of and discrimination against persons of all protected
classes is prohibited. In New York State, such classes include age,
race, creed, color, national origin, sexual orientation, military
status, sex, disability, marital status, domestic violence victim
status, gender identity and criminal history.
(b)
A nonemployee is someone who is (or is employed by) a contractor,
subcontractor, vendor, consultant, or anyone providing services in
the workplace. Protected nonemployees include persons commonly referred
to as independent contractors, "gig" workers and temporary workers.
Also included are persons providing equipment repair, cleaning services
or any other services provided pursuant to a contract with the employer.
(c)
Adoption of this policy does not constitute a conclusive defense
to charges of unlawful sexual harassment. Each claim of sexual harassment
will be determined in accordance with existing legal standards, with
due consideration of the particular facts and circumstances of the
claim, including but not limited to the existence of an effective
antiharassment policy and procedure.
(4)
Sexual harassment is offensive, is a violation of our policies,
is unlawful, and may subject Village of Carthage to liability for
harm to targets of sexual harassment. Harassers may also be individually
subject to liability. Employees of every level who engage in sexual
harassment, including managers and President or Deputy Presidents
who engage in sexual harassment or who allow such behavior to continue,
will be penalized for such misconduct.
(5)
Village of Carthage will conduct a prompt and thorough investigation
that ensures due process for all parties, whenever management receives
a complaint about sexual harassment, or otherwise knows of possible
sexual harassment occurring. Village of Carthage will keep the investigation
confidential to the extent possible. Effective corrective action will
be taken whenever sexual harassment is found to have occurred. All
employees, including managers and President or Deputy Presidents,
are required to cooperate with any internal investigation of sexual
harassment.
(6)
All employees are encouraged to report any harassment or behaviors
that violate this policy. Village of Carthage will provide all employees
a complaint form for employees to report harassment and file complaints.
(7)
Managers and President or Deputy Presidents are required to
report any complaint that they receive, or any harassment that they
observe or become aware of, to the Village President or Deputy President.
(8)
This policy applies to all employees, paid or unpaid interns,
and nonemployees and all must follow and uphold this policy. This
policy must be provided to all employees and should be posted prominently
in all work locations to the extent practicable (for example, in a
main office, not an offsite work location) and be provided to employees
upon hiring.
C.
What is "sexual harassment?"
(1)
Sexual harassment is a form of sex discrimination and is unlawful
under federal, state, and (where applicable) local law. Sexual harassment
includes harassment on the basis of sex, sexual orientation, self-identified
or perceived sex, gender expression, gender identity and the status
of being transgender.
(2)
Sexual harassment includes unwelcome conduct which is either
of a sexual nature, or which is directed at an individual because
of that individual's sex when:
(a)
Such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating,
hostile or offensive work environment, even if the reporting individual
is not the intended target of the sexual harassment;
(b)
Such conduct is made either explicitly or implicitly a term
or condition of employment; or
(c)
Submission to or rejection of such conduct is used as the basis
for employment decisions affecting an individual's employment.
(3)
A sexually harassing hostile work environment includes, but
is not limited to, words, signs, jokes, pranks, intimidation or physical
violence which are of a sexual nature, or which are directed at an
individual because of that individual's sex. Sexual harassment also
consists of any unwanted verbal or physical advances, sexually explicit
derogatory statements or sexually discriminatory remarks made by someone
which are offensive or objectionable to the recipient, which cause
the recipient discomfort or humiliation, which interfere with the
recipient's job performance.
(4)
Sexual harassment also occurs when a person in authority tries
to trade job benefits for sexual favors. This can include hiring,
promotion, continued employment or any other terms, conditions or
privileges of employment. This is also called "quid pro quo" harassment.
(5)
Any employee who feels harassed should report so that any violation
of this policy can be corrected promptly. Any harassing conduct, even
a single incident, can be addressed under this policy.
D.
Examples of sexual harassment.
(1)
The following describes some of the types of acts that may be
unlawful sexual harassment and that are strictly prohibited:
(c)
Sexually oriented gestures, noises, remarks or jokes, or comments
about a person's sexuality or sexual experience, which create a hostile
work environment.
(d)
Sex stereotyping occurs when conduct or personality traits are
considered inappropriate simply because they may not conform to other
people's ideas or perceptions about how individuals of a particular
sex should act or look.
(e)
Sexual or discriminatory displays or publications anywhere in
the workplace, such as:
[1]
Displaying pictures, posters, calendars, graffiti,
objects, promotional material, reading materials or other materials
that are sexually demeaning or pornographic. This includes such sexual
displays on workplace computers or cell phones and sharing such displays
while in the workplace.
(f)
Hostile actions taken against an individual because of that
individual's sex, sexual orientation, gender identity and the status
of being transgender, such as:
E.
Who can be a target of sexual harassment? Sexual harassment can occur
between any individuals, regardless of their sex or gender. New York
Law protects employees, paid or unpaid interns, and nonemployees,
including independent contractors, and those employed by companies
contracting to provide services in the workplace. Harassers can be
a superior, a subordinate, a coworker or anyone in the workplace including
an independent contractor, contract worker, vendor, client, customer
or visitor.
F.
Where can sexual harassment occur? Unlawful sexual harassment is
not limited to the physical workplace itself. It can occur while employees
are traveling for business or at employer sponsored events or parties.
Calls, texts, emails, and social media usage by employees can constitute
unlawful workplace harassment, even if they occur away from the workplace
premises, on personal devices or during nonwork hours.
G.
Retaliation.
(1)
Unlawful retaliation can be any action that could discourage
a worker from coming forward to make or support a sexual harassment
claim. Adverse action need not be job-related or occur in the workplace
to constitute unlawful retaliation (e.g., threats of physical violence
outside of work hours).
(2)
Such retaliation is unlawful under federal, state, and (where
applicable) local law. The New York State Human Rights Law protects
any individual who has engaged in "protected activity." Protected
activity occurs when a person has:
(a)
Made a complaint of sexual harassment, either internally or
with any antidiscrimination agency;
(b)
Testified or assisted in a proceeding involving sexual harassment
under the Human Rights Law or other antidiscrimination law;
(c)
Opposed sexual harassment by making a verbal or informal complaint
to management, or by simply informing a President or Deputy President
or manager of harassment;
(d)
Reported that another employee has been sexually harassed; or
(e)
Encouraged a fellow employee to report harassment.
(3)
Even if the alleged harassment does not turn out to rise to
the level of a violation of law, the individual is protected from
retaliation if the person had a good faith belief that the practices
were unlawful. However, the retaliation provision is not intended
to protect persons making intentionally false charges of harassment.
H.
Reporting sexual harassment.
(1)
Preventing sexual harassment is everyone's responsibility.
(2)
Village of Carthage cannot prevent or remedy sexual harassment
unless it knows about it. Any employee, paid or unpaid intern or nonemployee
who has been subjected to behavior that may constitute sexual harassment
is encouraged to report such behavior to a President or Deputy President,
Board Member or the Village Clerk. Anyone who witnesses or becomes
aware of potential instances of sexual harassment should report such
behavior to a President or Deputy President, Board Member or the Village
Clerk.
(3)
Reports of sexual harassment may be made verbally or in writing.
A form for submission of a written complaint is attached to this policy,
and all employees are encouraged to use this complaint form. Employees
who are reporting sexual harassment on behalf of other employees should
use the complaint form and note that it is on another employee's behalf.
(4)
Employees, paid or unpaid interns or nonemployees who believe
they have been a target of sexual harassment may also seek assistance
in other available forums, as explained below in the section on legal
protections.
I.
President or Deputy President responsibilities.
(1)
All President or Deputy Presidents and managers who receive
a complaint or information about suspected sexual harassment, observe
what may be sexually harassing behavior or for any reason suspect
that sexual harassment is occurring, are required to report such suspected
sexual harassment to the Village President or Deputy President.
(2)
In addition to being subject to discipline if they engaged in
sexually harassing conduct themselves, President or Deputy Presidents
and managers will be subject to discipline for failing to report suspected
sexual harassment or otherwise knowingly allowing sexual harassment
to continue.
(3)
President or Deputy Presidents and managers will also be subject
to discipline for engaging in any retaliation.
J.
Complaint and investigation of sexual harassment.
(1)
All complaints or information about sexual harassment will be
investigated, whether that information was reported in verbal or written
form. Investigations will be conducted in a timely manner, and will
be confidential to the extent possible.
(2)
An investigation of any complaint, information or knowledge
of suspected sexual harassment will be prompt and thorough, commenced
immediately and completed as soon as possible. The investigation will
be kept confidential to the extent possible. All persons involved,
including complainants, witnesses and alleged harassers will be accorded
due process, as outlined below, to protect their rights to a fair
and impartial investigation.
(3)
Any employee may be required to cooperate as needed in an investigation
of suspected sexual harassment. Village of Carthage will not tolerate
retaliation against employees who file complaints, support another's
complaint or participate in an investigation regarding a violation
of this policy.
(4)
While the process may vary from case to case, investigations
should be done in accordance with the following steps:
(a)
Upon receipt of complaint, the Village President or Deputy President
will conduct an immediate review of the allegations, and take any
interim actions (e.g., instructing the respondent to refrain from
communications with the complainant), as appropriate. If complaint
is verbal, encourage the individual to complete the "complaint form"
in writing. If he or she refuses, prepare a complaint form based on
the verbal reporting.
(b)
If documents, emails or phone records are relevant to the investigation,
take steps to obtain and preserve them.
(c)
Request and review all relevant documents, including all electronic
communications.
(d)
Interview all parties involved, including any relevant witnesses.
(e)
Create a written documentation of the investigation (such as
a letter, memo or email), which contains the following:
[1]
A list of all documents reviewed, along with a
detailed summary of relevant documents;
[2]
A list of names of those interviewed, along with
a detailed summary of their statements;
[3]
A timeline of events;
[4]
A summary of prior relevant incidents, reported
or unreported; and
[5]
The basis for the decision and final resolution
of the complaint, together with any corrective action(s).
(f)
Keep the written documentation and associated documents in a
secure and confidential location.
(g)
Promptly notify the individual who reported and the individual(s)
about whom the complaint was made of the final determination and implement
any corrective actions identified in the written document.
(h)
Inform the individual who reported of the right to file a complaint
or charge externally as outlined in the next section.
K.
Legal protections and external remedies.
(1)
Sexual harassment is not only prohibited by Village of Carthage
but is also prohibited by state, federal, and, where applicable, local
law.
(2)
Aside from the internal process at Village of Carthage, employees
may also choose to pursue legal remedies with the following governmental
entities. While a private attorney is not required to file a complaint
with a governmental agency, you may seek the legal advice of an attorney.
(3)
In addition to those outlined below, employees in certain industries
may have additional legal protections.
L.
State Human Rights Law (HRL).
(1)
The Human Rights Law (HRL), codified as N.Y. Executive Law,
art. 15, § 290 et seq., applies to all employers in New
York State with regard to sexual harassment, and protects employees,
paid or unpaid interns and nonemployees, regardless of immigration
status. A complaint alleging violation of the Human Rights Law may
be filed either with the Division of Human Rights (DHR) or in New
York State Supreme Court.
(2)
Complaints with DHR may be filed any time within one year of
the harassment. If an individual did not file at DHR, they can sue
directly in state court under the HRL within three years of the alleged
sexual harassment. An individual may not file with DHR if they have
already filed a HRL complaint in state court.
(3)
Complaining internally to Village of Carthage does not extend
your time to file with DHR or in court. The one year or three years
is counted from date of the most recent incident of harassment.
(4)
You do not need an attorney to file a complaint with DHR, and
there is no cost to file with DHR.
(5)
DHR will investigate your complaint and determine whether there
is probable cause to believe that sexual harassment has occurred.
Probable cause cases are forwarded to a public hearing before an administrative
law judge. If sexual harassment is found after a hearing, DHR has
the power to award relief, which varies but may include requiring
your employer to take action to stop the harassment, or redress the
damage caused, including paying of monetary damages, attorney's fees
and civil fines.
(6)
DHR's main office contact information is: NYS Division of Human
Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You
may call (718) 741-8400 or visit: www.dhr.ny.gov.
(7)
Contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint
for more information about filing a complaint. The website has a complaint
form that can be downloaded, filled out, notarized and mailed to DHR.
The website also contains contact information for DHR's regional offices
across New York State.
M.
Civil Rights Act of 1964.
(1)
The United States Equal Employment Opportunity Commission (EEOC)
enforces federal antidiscrimination laws, including Title VII of the
1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e
et seq.). An individual can file a complaint with the EEOC any time
within 300 days from the harassment. There is no cost to file a complaint
with the EEOC. The EEOC will investigate the complaint, and determine
whether there is reasonable cause to believe that discrimination has
occurred, at which point the EEOC will issue a right-to-sue letter
permitting the individual to file a complaint in federal court.
(2)
The EEOC does not hold hearings or award relief, but may take
other action including pursuing cases in federal court on behalf of
complaining parties. Federal courts may award remedies if discrimination
is found to have occurred. In general, private employers must have
at least 15 employees to come within the jurisdiction of the EEOC.
(3)
An employee alleging discrimination at work can file a "charge
of discrimination." The EEOC has district, area, and field offices
where complaints can be filed. Contact the EEOC by calling 1-800-669-4000
(TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via
email at info@eeoc.gov.
(4)
If an individual filed an administrative complaint with DHR,
DHR will file the complaint with the EEOC to preserve the right to
proceed in federal court.
N.
Local protections. Many localities enforce laws protecting individuals
from sexual harassment and discrimination. An individual should contact
the county, city or Village in which they live to find out if such
a law exists.
O.
Contact the local police department. If the harassment involves unwanted
physical touching, coerced physical confinement or coerced sex acts,
the conduct may constitute a crime. Contact the local police department.
The hiring of persons for Village of Carthage positions classified
as "civil service" shall be subject to requirements of the Jefferson
County Civil Service Commission.
The Village of Carthage shall cooperate with the Personnel Office
of the County of Jefferson in its special employment programs. Persons
will be accepted through such programs only upon Village Board approval
and only on the condition that the Village of Carthage shall incur
no additional expense. Persons so hired will be ineligible for membership
in any bargaining unit recognized by the Village Board but will be
subject to policies governing the terms and conditions of employment
as apply to regular Village employees. The employment of persons hired
under such special grants or programs will be terminated if funding
is reduced or discontinued, unless appointment is extended by the
Village Board.
A.
Employees of the Department of Public Works, including the Water
Department, shall be hired by the Village Board in accordance with
budget limitations established by the Village Board. Recommendations
for such hiring may be made to the Village Board by the Superintendent
of Public Works and/or the Water Superintendent.
B.
Part-time police shall be hired by the Village Board in accordance
with budget limitations established by the Village Board. Recommendations
for such hiring may be made to the Village Board by the Chief of Police,
who shall determine the work schedules of such police.
All employees are expected to report to work in reasonably clean
clothing and be neatly attired. Such employees themselves are to be
reasonably clean and presentable, as they are representatives of the
Village of Carthage while at work. Further, as a courtesy to their
fellow employees, personal hygiene must be maintained within normal
standards.
A.
Statement of purpose. The Board of Trustees of the Village of Carthage
has found that it is essential to the efficient operation of the government
that public confidence be expressed in all employees of the Village.
Accordingly, whenever any complaint is made against any Village employee,
it shall be taken seriously.
B.
Complaint. All complaints shall be reduced to writing. The person
receiving the complaint, if received orally, shall reduce it to writing.
A copy shall be given to the employee.
C.
Investigation. Upon receipt of a complaint, it shall be referred
to the employee's immediate supervisor for investigation. The investigation
shall consist of speaking to the complainant and the employee, at
a minimum. If there are other witnesses to the alleged incident, those
witnesses should also be consulted.
D.
Report. The supervisor shall render a written report that concludes
whether the complaint has merit, has no merit or whether the investigation
was inconclusive. A copy of such report shall be given to the employee.
E.
Action based on investigation. The following action shall be taken
with respect to the report:
(1)
In the event a complaint is found not to have merit after investigation,
the employee shall be so notified in writing and all reference to
the complaint shall be removed from the employee's personnel file.
(2)
In the event that the investigation is inconclusive, the investigative
report shall remain in the employee's file for six months, after which
time it shall be removed. The supervisor, if appropriate, may provide
the employee with a counseling letter relative to the complaint.
(3)
In the event the complaint is found to have merit, appropriate
disciplinary action shall be taken in accordance with § 75
of the Civil Service Law.
F.
Union contracts. Nothing in this policy is deemed to amend or alter
any obligation the Village may have to employees pursuant to any collective
bargaining agreement.
A.
It is the policy of the Village of Carthage to provide equal employment
opportunity to all people without regard to race, color, sex, religion,
age, national origin, disability, sexual preference or Vietnam Era
veteran status. The Village of Carthage Board of Trustees is personally
committed to assuring that the Village of Carthage will act affirmatively
to develop avenues of entry and mobility for minorities, women, individuals
with disabilities and Vietnam Era veterans through the following activities:
(1)
Development of programmatic approaches to the elimination of
all unjust exclusionary employment practices, policies and consequences;
(2)
Development of educational and training programs for all employees
with emphasis on our goals for upgrading minorities, women, individuals
with disabilities and Vietnam Era veterans;
(3)
Development of personnel practices, policies and career ladders
to assist and encourage upward mobility of employees restricted to
lower levels;
(4)
Development of mechanisms for swift and judicious resolution
of complaints of discrimination consistent with our policy and other
applicable statutes; and
(5)
Provision of reasonable accommodations to enable qualified individuals
with disabilities to enjoy equal employment opportunities and equal
terms, conditions and privileges of employment.
B.
To effectuate this policy, we have designed a plan which conforms
with all relevant federal and state nondiscrimination laws and regulations,
including, but not limited to: the Civil Rights Act of 1964, as amended;
the Rehabilitation Act of 1973, as amended; the Americans with Disabilities
Act; the Vietnam Era Veteran's Readjustment Act of 1974; and the New
York Human Rights Law. The plan applies to all job classifications
and titles in the Village of Carthage jurisdiction. It governs all
Village of Carthage employment policies, practices and actions, including,
but not limited to, recruitment, hiring, discipline, rate of pay or
other compensation, advancement, reclassification, reallocation, promotion,
demotion discharge and employee benefits. I will see that the Affirmative
Action Office is provided with all available resources necessary for
the execution of its program responsibilities. Moreover, all managers,
supervisors and employees must make consistently diligent efforts
to implement this policy in day-to-day program and employment decisions.
Affirmative action considerations will be an integral part of all
organizational activities performed in the furtherance of our mission
and in meeting our responsibilities to the state's citizens.
A.
The Village of Carthage currently provides medical insurance coverage
to its employees and their spouses and children.
B.
The issue of contribution by employees to cost of the premiums for
each medical insurance for union employees is addressed in their respective
labor contracts.
C.
The Village wishes to establish a policy for nonunion employees who
receive the medical insurance plan.
D.
The Board of Trustees shall require a contribution of medical insurance
premiums from any nonunion employees at a minimum rate equal to the
amount required to be paid by union employees. The DPW Superintendent,
Water Superintendent, Clerk/Treasurer, Deputy Clerk and Community
Development Director will contribute to medical insurance premiums
according to the DPW union contract. The Chief of Police and Sergeant
will contribute to medical insurance premiums according to the police
union contract. Medical insurance premium contributions for nonunion
employees may be specified from time to time by the Village Board
by resolution.
It is the policy of the Village of Carthage to comply with the
provisions of the Family Medical Leave Act (FMLA). The Village of
Carthage does not employ 50 or more employees who work 20 or more
calendar workweeks per year. Therefore, Village employees may not
be eligible under the FMLA.
[Added 12-18-2017 by L.L.
No. 7-2017]
The Village of Carthage shall not provide benefits under the
New York Paid Family Leave Act.
[Added 3-15-2021 by L.L.
No. 1-2021]
A.
Purpose, scope, situation overview, and assumptions.
(1)
Purpose. This plan has been developed in accordance with the
amended New York State Labor Law Section 27-c and New York State Education
Law Paragraphs k and l of Subdivision 2 of Section 2801-a (as amended
by Section 1 of Part B of Chapter 56 of the Laws of 2016), as applicable.
These laws were amended by the passing of legislation S8617B/A10832
signed by the Governor of New York State on September 7, 2020, which
requires public employers to adopt a plan for operations in the event
of a declared public health emergency involving a communicable disease.
The plan includes the identification of essential positions, facilitation
of remote work, provision of personal protective equipment, and protocols
for supporting contact tracing.
(2)
Scope. This plan was developed exclusively for and is applicable
to the Village of Carthage. This plan is pertinent to a declared public
health emergency in the State of New York which may impact our operations;
and it is in the interest of the safety of our employees and contractors,
and the continuity of our operations that we have promulgated this
plan.
(3)
Situation overview. On March 11, 2020, the World Health Organization
declared a pandemic for the novel coronavirus which causes the COVID-19
severe acute respiratory syndrome. This plan has been developed in
accordance with amended laws to support continued resilience for a
continuation of the spread of this disease or for other infectious
diseases which may emerge and cause a declaration of a public health
emergency. The health and safety of our employees and contractors
is crucial to maintaining our mission essential operations. We encourage
all employees and contractors to use CDC Guidance for Keeping Workplaces,
Schools, Homes, and Commercial Establishments Safe. The fundamentals
of reducing the spread of infection include:
(b)
Practice social distancing when possible.
(c)
If you are feeling ill or have a fever, notify your supervisor
immediately and go home.
(d)
If you start to experience coughing or sneezing, step away from
people and food, cough or sneeze into the crook of your arm or a tissue,
the latter of which should be disposed of immediately.
(e)
Clean and disinfect workstations at the beginning, middle, and
end of each shift.
(f)
Other guidance which may be published by the CDC, the State
Department of Health, or county health officials.
(4)
Planning assumptions. This plan was developed based on information,
best practices, and guidance available as of the date of publication.
The plan was developed to largely reflect the circumstances of the
current Coronavirus pandemic but may also be applicable to other infectious
disease outbreaks. The following assumptions have been made in the
development of this plan:
(a)
The health and safety of our employees and contractors, and
their families, is of utmost importance.
(b)
The circumstances of a public health emergency may directly
impact our own operations.
(c)
Impacts of a public health emergency will take time for us to
respond to, with appropriate safety measures put into place and adjustments
made to operations to maximize safety.
(d)
The public and our constituency expect us to maintain a level
of mission essential operations.
(e)
Resource support from other jurisdictions may be limited based
upon the level of impact the public health emergency has upon them.
(f)
Supply chains, particularly those for personal protective equipment
(PPE) and cleaning supplies, may be heavily impacted, resulting in
considerable delays in procurement.
(g)
The operations of other entities, including the private sector
(vendors, contractors, etc.), nonprofit organizations, and other governmental
agencies and services may also be impacted due to the public health
emergency, causing delays or other disruptions in their services.
(h)
Emergency measures and operational changes may need to be adjusted
based upon the specific circumstances and impacts of the public health
emergency, as well as guidance and direction from public health officials
and the Governor.
(i)
Per S8617B/A10832, "essential employee" is defined as a public
employee or contractor that is required to be physically present at
a work site to perform their job.
(j)
Per S8617B/A10832, "nonressential employee" is defined as a
public employee or contractor that is not required to be physically
present at a work site to perform their job.
B.
Concept of operations. The Village President, their designee, or
their successor holds the authority to execute and direct the implementation
of this plan. Implementation, monitoring of operations, and adjustments
to plan implementation may be supported by additional personnel, at
the discretion of the Village President. Upon the determination of
implementing this plan, all employees and contractors of the Village
of Carthage shall be notified by their immediate supervisor and/or
Village website, with details provided as possible and necessary,
with additional information and updates provided on a regular basis.
Village of Carthage residents will be notified of pertinent operational
changes by way of Village website and signage will be placed at Village
buildings. Other interested parties, such as vendors, will be notified
by phone and/or email as necessary. The Village President, their designee,
or their successor will maintain communications with the public and
constituents as needed throughout the implementation of this plan.
The Village President, their designee, or their successor will maintain
awareness of information, direction, and guidance from public health
officials and the Governor's office, directing the implementation
of changes as necessary. Upon resolution of the public health emergency,
the Village President, their designee, or their successor will direct
the resumption of normal operations or operations with modifications
as necessary.
C.
Mission essential functions.
(1)
When confronting events that disrupt normal operations, the
Village of Carthage is committed to ensuring that essential functions
will be continued even under the most challenging circumstances. Essential
functions are those functions that enable an organization to:
(2)
The Village of Carthage has identified as critical only those
priority functions that are required or are necessary to provide vital
services. During activation of this plan, all other activities may
be suspended to enable the organization to concentrate on providing
the critical functions and building the internal capabilities necessary
to increase and eventually restore operations. Appropriate communications
with employees, contractors, our constituents, and other stakeholders
will be an ongoing priority. Essential functions are categorized by
department and prioritized according to:
(3)
Priority 1 identifies the most essential of functions, with
Priority 4 identifying functions that are essential, but least among
them. The mission essential functions for the Village of Carthage
have been identified as:
|
Police Department
| ||
|---|---|---|
|
Essential Function
|
Description
|
Priority
|
|
Emergency calls
|
In-progress calls with danger to life
|
1
|
|
Emergency calls
|
In-progress calls involving criminal property damage
|
2
|
|
General service calls
|
In-progress calls not involving immediate danger to life or
property
|
3
|
|
Noncritical calls
|
Not in progress calls
|
4
|
|
Department of Public Works
| ||
|---|---|---|
|
Essential Function
|
Description
|
Priority
|
|
Obtain water samples and complete mandated reports
|
Send water samples for lab testing and forward results to NYS
Department of Health. Partake in the joint water filtration system
requirements to ensure safe drinking water for residents
|
1
|
|
Maintain streets
|
Check on road hazards, plow and sand the roads from snow and
ice events. Check on catch basins to make sure the water flowing so
roads are not flooded. Maintain grates at culverts crossing.
|
1
|
|
Sustain sewer infrastructure
|
Regularly check and, if necessary, remove blockages from sewer
mains
|
1
|
|
Maintain water infrastructure
|
Regularly check for water main leaks and repair as necessary
|
1
|
|
Maintain Village properties
|
Maintain buildings to include maintenance and repairs; maintain
properties to include plowing, sanding, mowing, and garbage removal
|
2
|
|
Maintain Village walks and Fire hydrants
|
Snow blow and shovel walks and sand and salt walks for pedestrians
to use. Snow blow hydrants after snow in case of a fire
|
2
|
|
Read water meters
|
Read water meters for water/sewer billing and to monitor usage
|
3
|
|
Clerk's Office
| ||
|---|---|---|
|
Essential Function
|
Description
|
Priority
|
|
Information technology
|
Coordinate the maintenance of the Village's network and
phone system
|
1
|
|
Cash receipts
|
Collect payments for water/sewer bills; taxes; and miscellaneous
payments and deposit funds daily
|
1
|
|
Payroll
|
Process payroll for all Village employees to include payment
of payroll liabilities and state and federal reporting
|
1
|
|
Vital statistics
|
Process birth and death records and provide certified copies
as requested
|
1
|
|
Information to Village Board
|
Collect, coordinate, and distribute information to the Village
Board and respond on their behalf as directed
|
1
|
|
Water/sewer billing
|
Process and distribute water/sewer bills on a quarterly basis
|
2
|
|
Property taxes
|
Process and distribute Village property tax bills on an annual
basis
|
2
|
|
Accounts payable
|
Review and approval of requisitions and monthly processing of
Village bills
|
2
|
|
Financial statements
|
Prepare annual budgets and financial reports as required by
federal, state, and Village laws. Regularly monitor budgets and prepare
monthly financial statements for the Village Board.
|
2
|
|
Work orders for water services
|
Complete work orders as requested by residents to connect/disconnect
or address their concerns regarding their water services
|
3
|
D.
Essential positions.
(1)
Each essential function identified above requires certain positions
on-site to effectively operate. The table below identifies the positions
or titles that are essential to be staffed on-site, unless otherwise
noted, for the continued operation of each essential function.
|
Police Department
| ||
|---|---|---|
|
Essential Function
|
Essential Positions/Titles
|
Justification for Each
|
|
Emergency calls
|
Chief, patrolman
|
Maintain law and order by protecting members of the public and
their property, preventing crime, reducing fear of crime and improving
the quality of life for Village residents
|
|
General service calls
|
Chief, patrolman
|
Maintain law and order
|
|
Noncritical calls
|
Chief, patrolman
|
Maintain law and order
|
|
Department of Public Works
| ||
|---|---|---|
|
Essential Function
|
Essential Positions/Titles
|
Justification for Each
|
|
Obtain water samples and complete mandated reports
|
Water/DPW Superintendent, MEO/laborer
|
The Water or DPW Superintendent will ensure the proper protocols
are followed and reports completed. MEOs and/or laborers will obtain
water samples and perform other duties as directed by the Water and/or
DPW Superintendent. Water Operator Grade IIA license is required
|
|
Maintain streets
|
DPW Superintendent, MEO/laborer
|
The DPW Superintendent will partake and direct the function
of maintaining streets for the safety of residents. MEOs/laborers
will perform duties as directed by the DPW Superintendent
|
|
Sustain sewer infrastructure
|
DPW Superintendent, MEO/laborer
|
The DPW Superintendent will partake and ensure MEOs/laborers
sustain sewer infrastructure as necessary
|
|
Maintain water infrastructure
|
Water/DPW Superintendent, MEO/laborer
|
The Water and/or DPW Superintendent will partake and ensure
MEOs/laborers maintain water infrastructure as directed. Water Operator
Grade D license is required
|
|
Maintain Village-owned parking lots
|
DPW Superintendent, MEO/laborer
|
The DPW Superintendent will partake and ensure MEOs/laborers
maintain Village properties
|
|
Maintain Village walks and fire hydrants
|
DPW Superintendent, MEO/laborer
|
The DPW Superintendent will partake and ensure MEOs/laborers
maintain Village properties
|
|
Read water meters
|
Water/DPW Superintendent, MEO/laborer
|
The Water/DPW Superintendent and MEOs/laborers will read water
meters
|
|
Clerk's Office
| ||
|---|---|---|
|
Essential Function
|
Essential Positions/Titles
|
Justification for Each
|
|
Information technology
|
Clerk/Treasurer, Deputy Clerk
|
The Clerk/Treasurer will coordinate and prioritize the maintenance
of the Village's network and phone systems and contact the contracted
IT provider as necessary. This function can be performed remotely.
The Deputy Clerk will perform this function in the absence of the
Clerk/Treasurer.
|
|
Cash receipts
|
Clerk/Treasurer, Deputy Clerk, front desk clerk
|
The front desk clerk and/or Deputy Clerk will collect cash receipts,
and the Deputy Clerk will prepare daily deposits. The Clerk/Treasurer
can oversee these functions remotely and will perform them in the
absence of the Deputy Clerk.
|
|
Payroll
|
Clerk/Treasurer, Deputy Clerk
|
The Deputy Clerk will process payroll under the supervision
of the Clerk/Treasurer which can be performed remotely. The Clerk/Treasurer
will perform this function in the absence of the Deputy Clerk.
|
|
Vital statistics
|
Registrar, Deputy Registrar
|
The Deputy Registrar will process birth and death records, and
certified copies as requested, per New York State rules and regulations.
The Registrar can process death records remotely and will process
all vital statistic functions in the absence of the Deputy Clerk.
|
|
Information to Village Board
|
Clerk/Treasurer, Deputy Clerk
|
The Clerk/Treasurer will collect, coordinate, and distribute
information to the Village Board and respond on its behalf as directed,
which can be performed remotely. The Deputy Clerk will perform this
function in the absence of the Clerk/Treasurer.
|
|
Water/sewer billing
|
Clerk/Treasurer, Deputy Clerk, front desk clerk
|
The Deputy Clerk and front desk clerk will prepare and distribute
water/sewer billing. The Clerk/Treasurer can oversee these functions
remotely and will perform them in the absence of the Deputy Clerk.
|
|
Property taxes
|
Clerk/Treasurer, Deputy Clerk, front desk clerk
|
The Clerk/Treasurer will forward the necessary information to
Jefferson County to prepare Village tax bills which can be done remotely.
The Deputy Clerk and front desk clerk will compile the documents and
mail them to Village residents. The Clerk/Treasurer will perform this
function in the absence of the Deputy Clerk.
|
|
Accounts payable
|
Clerk/Treasurer, Deputy Clerk, front desk clerk
|
The Clerk/Treasurer will review and approve requisitions and
prepare purchase orders which can be done remotely. The Deputy Clerk
and front desk clerk will process invoices received and input them
into the accounting system. The abstract for payment will be prepared
by the Deputy Clerk and the Clerk/Treasurer, and Village Board will
review and approve for payment which can be done remotely. After approval,
the Deputy Clerk will prepare payments to vendors. The Clerk/Treasurer
will perform these functions in the absence of the Deputy Clerk.
|
|
Work orders for water services
|
Deputy Clerk, front desk clerk, Clerk/Treasurer
|
The Clerk/Treasurer, Deputy Clerk and front desk clerk prepare
work orders as requested by residents to connect/disconnect or address
their concerns regarding their water services. This function can be
performed remotely.
|
(2)
It is important to note that Justice Court is a vital component
of Village government, with Justice Court functions budgeted and supported
by the Village Board. However, we recognize that the New York State
Office of Court Administration holds dominion over justice courts
and, as such, may issue orders which suspend or alter the hours of
operation or means by which justice courts operate; which may not
fully align with this plan or other measures taken by the Village
Board. As such, the Village Board, Village President, their designee,
or their successor will coordinate as necessary with Justice Court
personnel to ensure safe and effective continuity of Village Justice
Court.
E.
Reducing risk through remote work and staggered shifts. Through assigning
certain staff to work remotely and by staggering work shifts, we can
decrease crowding and density at work sites.
(1)
Remote work protocols.
(a)
Employees and contractors able to accomplish their functions
remotely will be enabled to do so at the greatest extent possible.
Working remotely requires:
(b)
The Village Board will approve the assignment of remote work
and ensure staff has the necessary equipment. As identified in the
mission essential function section,[1] essential staff has the ability to work remotely to reduce
exposures. Further, business hours and locations of Village government
may be altered to best accommodate public health protective actions
for employees and the public. Alterations to building access and the
means by which the public interacts with Village employees may also
take place to support these protections. Protective actions may include,
but are not limited to, occupancy restrictions, protective barriers,
and increased conduct of business by internet, phone, or other means.
Protective actions will be taken in accordance with County and State
Health Department, and CDC guidelines and requirements.
(c)
Staggered shifts.
[1]
Implementing staggered shifts may be possible for
personnel performing duties which are necessary to be performed on-site
but perhaps less sensitive to being accomplished only within core
business hours. As possible, management will identify opportunities
for staff to work outside core business hours as a strategy of limiting
exposure. Regardless of changes in start and end times of shifts,
the Village of Carthage will ensure that employees are provided with
their typical or contracted minimum work hours per week. Staggering
shifts requires:
[2]
The Village Board will work with department managers
to implement staggered shifts as deemed necessary.
F.
Personal protective equipment.
(2)
Note that while cleaning supplies are not PPE, there is a related
need for cleaning supplies used to sanitize surfaces, as well as hand
soap and hand sanitizer. The Coronavirus pandemic demonstrated that
supply chains were not able to keep up with increased demand for these
products early in the pandemic. As such, we are including these supplies
in this section as they are pertinent to protecting the health and
safety of our employees and contractors. Protocols for providing PPE
include the following:
(a)
Identification of need for PPE based upon job duties and work
location.
(b)
Procurement of PPE.
[1]
As specified in the amended law, public employers
must be able to provide at least two pieces of each required type
of PPE to each essential employee and contractor during any given
work shift for at least six months.
[2]
Public employers must be able to mitigate supply
chain disruptions to meet this requirement.
(3)
Department managers will order, monitor and ensure employees
are provided with necessary PPE and disinfectant cleaning supplies
which will be stored in an accessible area. A minimum of an eight-week
supply will be kept on hand by departments at all times.
G.
Staff exposures, cleaning, and disinfection.
(1)
Staff exposures.
(a)
Staff exposures are organized under several categories based
upon the type of exposure and presence of symptoms. Following CDC
guidelines, we have established the following protocols:
[1]
If employees or contractors are exposed to a known
case of communicable disease that is the subject of the public health
emergency (defined as a "close contact" with someone who is confirmed
infected, which is a prolonged presence within six feet with that
person):
[a]
Potentially exposed employees or contractors who
do not have symptoms should remain at home or in a comparable setting
and practice social distancing for the lesser of 14 days or other
current CDC/public health guidance for the communicable disease in
question.
[b]
CDC guidelines for COVID-19 provide that critical
essential employees may be permitted to continue work following potential
exposure, provided they remain symptom-free and additional precautions
are taken to protect them, other employees and contractors, and our
constituency/public.
[i]
Additional precautions will include the requirement
of the subject employee or contractor, as well as others working in
their proximity, to wear appropriate PPE at all times to limit the
potential of transmission.
[ii]
In-person interactions with the subject employee
or contractor will be limited as much as possible.
[iii]
Work areas in which the subject employee or contractor
are present will be disinfected according to current CDC/public health
protocol at least every hour, as practical. See the section on cleaning
and disinfection[3] for additional information on that subject.
[iv]
If at any time they exhibit symptoms, refer to Subsection G(1)(a)[2] below.
[v]
The Village President, their designee, or their
successor, in conjunction with the Village Board, will decide which
critical essential employees will be permitted to work following potential
exposure and is responsible for ensuring these protocols are followed.
[2]
If an employee or contractor exhibits symptoms
of the communicable disease that is the subject of the public health
emergency:
[a]
Employees and contractors who exhibit symptoms
in the workplace should be immediately separated from other employees,
customers, and visitors. They should immediately be sent home with
a recommendation to contact their physician.
[b]
Employees and contractors who exhibit symptoms
outside of work should notify their supervisor and stay home, with
a recommendation to contact their physician.
[c]
Employees should not return to work until they
have met the criteria to discontinue home isolation per CDC/public
health guidance and have consulted with a health care provider.
[d]
The Village of Carthage will require sick employees
to provide a negative test result for the disease in question or health
care provider's note to validate their illness, qualify for sick
leave, and to return to work; unless there is a recommendation from
the CDC/public health officials not to do so.
[e]
The Village President, their designee, or their
successor must be informed in these circumstances and is responsible
for ensuring these protocols are followed.
[3]
If an employee or contractor has tested positive
for the communicable disease that is the subject of the public health
emergency:
[a]
Apply the steps identified in Subsection G(1)(a)[2] above, as applicable.
[b]
Areas occupied for prolonged periods of time by
the subject employee or contractor will be closed off.
[i]
CDC guidance for COVID-19 indicates that a period
of 24 hours is ideally given before cleaning, disinfecting, and reoccupation
of those spaces will take place. If this time period is not possible,
a period of as long as possible will be given. CDC/public health guidance
for the disease in question will be followed.
[ii]
Any common areas entered, surfaces touched, or
equipment used shall be cleaned and disinfected immediately.
[c]
Identification of potential employee and contractor
exposures will be conducted.
[i]
If an employee or contractor is confirmed to have
the disease in question, the Village President or their designee should
inform all contacts of their possible exposure. Confidentiality shall
be maintained as required by the Americans with Disabilities Act (ADA).[5]
[5]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
[ii]
Apply the steps identified in Subsection G(1)(a)[1] above, as applicable, for all potentially exposed personnel.
[d]
The Village President, their designee, or their
successor must be notified in these circumstances and is responsible
for ensuring these protocols are followed.
(b)
We recognize there may be nuances or complexities associated
with potential exposures, close contacts, symptomatic persons, and
those testing positive. We will follow CDC/public health recommendations
and requirements and coordinate with our local public health office
for additional guidance and support as needed.
(2)
Cleaning and disinfecting. CDC/public health guidelines will
be followed for cleaning and disinfection of surfaces/areas. Present
guidance for routine cleaning during a public health emergency includes:
(a)
As possible, employees and contractors will clean their own
workspaces in the beginning, middle, and end of their shifts, at a
minimum.
[1]
High-traffic/high-touch areas and areas which are
accessible to the public/constituents will be disinfected at least
hourly.
[2]
The Police Chief, DPW Superintendent, Village Justice
and Clerk/Treasurer are responsible to ensure the cleaning of common
areas within their departments, and the frequency of such.
(b)
Staff tasked with cleaning and disinfecting areas will be issued
and required to wear PPE appropriate to the task.
(c)
Soiled surfaces will be cleaned with soap and water before being
disinfected.
(d)
Surfaces will be disinfected with products that meet EPA criteria
for use against the virus in question and which are appropriate for
that surface.
(e)
Staff will follow instructions of cleaning products to ensure
safe and effective use of the products.
H.
Employee and contractor leave. Public health emergencies are extenuating
and unanticipated circumstances in which the Village of Carthage is
committed to reducing the burden on our employees and contractors.
The NYS COVID-19 paid sick leave provided requirements related to
the COVID-19 pandemic, which forms the policies outlined below. This
policy may be altered based upon changes in law or regulation, as
applicable. It is our policy that employees of the Village of Carthage
will not be charged with leave time for testing for a declared public
health emergency involving a communicable disease. Employees will
be provided with up to 14 days (biweekly pay period) of paid sick
leave at the employee's regular rate of pay for a period which
the employee is unable to work due to quarantine (in accordance with
federal, state, or local orders or advice of a health care provider),
and/or experiencing symptoms and seeking medical diagnosis. Additional
provisions may be enacted based upon need and the guidance and requirements
in place by federal and state employment laws, executive orders, and
other potential sources. Contractors, either independent or affiliated
with a contracted firm, are not classified as employees of the Village
of Carthage and, as such, are not provided with paid leave time by
the Village of Carthage, unless required by law.
I.
Documentation of work hours and locations. In a public health emergency,
it may be necessary to document work hours and locations of each employee
and contractor to support contact tracing efforts. Identification
of locations shall include on-site work and off-site visits. This
information may be used by the Village of Carthage to support contact
tracing within the organization and may be shared with local public
health officials. Department managers will keep track of the hours
each employee works and the proximity of where they work on a daily
basis. Contractors, residents and visitors will be required to sign
in when they access Village buildings and each department manager
will be required to maintain the documentation.
J.
Housing for essential employees. There are circumstances within a
public health emergency when it may be prudent to have essential employees
lodged in such a manner which will help prevent the spread of the
subject communicable disease to protect these employees from potential
exposures, thus helping to ensure their health and safety and the
continuity of the Village of Carthage's essential operations.
If such a need arises, hotel rooms are expected to be the most viable
option. If hotel rooms are for some reason deemed not practical or
ideal, or if there are no hotel rooms available, the Village of Carthage
will coordinate with the Jefferson County Office of Fire and Emergency
Management to help identify and arrange for these housing needs. The
Village President, their designee, or their successor is responsible
for coordinating this.
