A.
The Personnel Officer shall make an analysis of the
duties and responsibilities of all positions in the classified service
and shall recommend to the Council of the Town of Milton a position
classification plan. Each position in the classified service shall
be assigned to a job classification on the basis of the kind and level
of its duties and responsibilities, in order that all positions in
the same classification shall be sufficiently similar to permit use
of a single descriptive title, similar qualifications, requirements
or the same test of competence and the same pay scale. A job classification
may contain one position or more than one position.
B.
The initial classification plan shall be reviewed
not less infrequently than every five years by the Personnel Officer
who shall make such recommendations as he shall deem necessary to
the Council of the Town of Milton. Such recommendations may consist
of the addition, abolition, consolidation, division, or revision of
existing position descriptions.
A.
The Personnel Officer shall cause an analysis to be made of prevailing rates of compensation for positions in private employment and other similar places of public employment, which are comparable to the duties of employees of the Town of Milton. The Personnel Officer shall cause a pay schedule to be constructed which consists of levels or grades of pay and of steps within each grade taking into consideration the personnel policy of the Town set forth in § 26-1 and the classification of employees in § 26-4.
B.
A pay plan which assigns each position an equitable
pay grade on the schedule and the schedule shall be submitted by the
Personnel Officer to the Council of the Town of Milton within 90 days
after the effective date of this chapter.
C.
The Council may revise, amend or take such other action
as may be deemed necessary after considering the recommendations submitted
to them by the Personnel Officer. The ultimate authority to approve
and enact a classification plan and a pay plan shall be vested in
the Council.
D.
The pay plan shall be reviewed annually by the Personnel
Officer, during the preparation of the budget, for the consideration
of uniform adjustment of rates attributable to changes in the cost
of living and for minor assignment of positions to different pay grades.
E.
The pay plan shall be completely reviewed by the Personnel
Officer every five years, or more frequently as changing conditions
require it. The Personnel Officer, following his review, shall make
such recommendations as he may deem necessary to the Council of the
Town of Milton.
F.
The pay plan and pay schedule shall be based upon
a forty-hour workweek.
A.
Employees in the classified service shall be selected
without regard to political considerations, may not be required to
contribute to any political purpose and may not engage in improper
political activity as defined by the appropriate federal and state
statutes.
B.
There shall be no discrimination against any person
seeking employment or employed because of political or religious affiliation
or belief, race, marital status, genetic information, color, age,
sex, sexual orientation or national origin.
[Amended 3-6-2012 by Ord. No. 2012-04]
C.
When a position becomes vacant, recruiting shall be
achieved in such a manner that:
(1)
Suitably qualified candidates who are already employed
in the Town's service are given the appropriate consideration in filling
the vacancy.
(2)
Suitably qualified candidates who are residents of
the Town are given the appropriate consideration in filling the vacancy.
(3)
Announcement used to recruit candidates shall be appropriately
advertised in order to inform a maximum number of sectors of the labor
force about the vacancy and to insure no unintentional or intentional
discrimination is practiced.
[Amended 12-7-2009 by Ord. No. 2009-001]
(4)
At the discretion of the Personnel Officer, and with
the approval of Council, advertisement may not be used for the purposes
of recruiting if the following is met:
(a)
There
is at least one person who is already employed by the Town who wishes
to be considered for the vacant position and for whom the vacant position
represents a logical promotion from the position currently held; or
(b)
If,
in the opinion of the Personnel Officer, a condition exists which
requires that such employee be hired immediately in order to avoid
a serious disruption of the services provided by the Town.
(5)
Recruiting shall be designated as either promotional recruiting or as open, competitive recruiting. Open, competitive recruiting shall consider all eligible candidates, including employees of the Town, and shall be accomplished pursuant to the provisions of § 26-6C(3) and G. Promotional recruiting shall consider employees of the Town only and shall be accomplished pursuant to the provisions of § 26-6C(4) and G.
D.
Appointment for vacancies occurring after the effective
date of this chapter shall be based on merit as determined by competitive
examination interviews or other appropriate standards. Other appropriate
standards shall include skills, knowledge, education, and experience
criteria as defined for each position's description.
E.
Examinations and other standards shall be in such
form as will fairly measure the abilities and aptitudes of candidates
for the duties to be performed and may not include any inquiry into
the political or religious affiliation, race or national origin, age,
sex, or marital status of any candidate.
F.
Candidates who qualify for employment shall be ranked according to qualifications and shall be placed on an eligible list for the appropriate position in the rank order. Priority in appointment shall be given according to position in the rank order, except where other appropriate priorities exist pursuant to the provisions of § 26-6C(1) and (2).
G.
When a vacancy in a position occurs, the Personnel
Officer shall direct the Town Clerk to post a notice of the vacancy
for the information of employees of the Town and to advise and counsel
any employee who is considered to be potentially eligible for the
vacant position.
H.
Any advance in pay grade or an increase in salary
beyond the limits defined in the rules for the administration of the
pay plan shall constitute a promotion. A reduction in pay grade or
a decrease in salary below the first step of a pay grade shall constitute
a demotion.
I.
Pending the availability of an eligible list determined
by the Personnel Officer to be appropriate for a position, any vacancy
may be filled by a temporary appointment. Such an appointment shall
have a maximum duration of six months and may be continued for one
pay period after the establishment of an appropriate eligibility list.
J.
The hiring of the positions of Police Chief, Head
of Maintenance and Town Clerk shall be with majority approval of Mayor
and Council.
A.
Application forms for employment by the Town shall
be kept on file and shall be made available upon request by an applicant
for a vacant position.
B.
The application shall require of a candidate only
that information necessary to establish name, address, telephone number,
person to contact in emergency, references and qualification criteria
as established for the position. The application shall not require
information that does not meet the test of job relatedness nor any
information of a discriminatory nature.
A.
An eligible list shall be maintained by the Town Clerk
for various positions and shall contain the names of all applicants
in rank order who are eligible for original appointment, promotion
or reemployment.
(1)
Reemployment eligibility shall consist of the names
of permanent employees laid off in good standing for lack of funds
or lack of work.
(2)
Persons eligible for original employment and persons eligible for promotion shall be placed upon an eligible list for a particular position. Such eligibility shall be determined pursuant to the provisions of § 26-6F.
(3)
Probationary employees laid off for lack of work or
lack of funds and probationary employees who resign in good standing
and whose resignations are withdrawn within one year may, upon request,
have their names restored to the eligible list from which their appointment
was originally made.
B.
When an appointment is to be made to a vacancy, the
Personnel Committee shall consider the names of a minimum of three
persons from the eligible list who are ranked and who have indicated
a willingness to accept the appointment. When more than one vacancy
is filled, the minimum number of names to be considered shall equal
the number of vacancies plus two.
Employees appointed from the original appointment eligible list or from promotional eligible list shall be subject to a period of probation. The period of probation shall be six months. An employee's total performance shall be evaluated at the conclusion of the probationary period pursuant to the provisions of § 26-15A. Upon completion of the probationary period, an employee may be granted permanent status if performance during the probationary period has been determined to be satisfactory.
A.
The Personnel Officer may encourage the improving of service by providing employees with appropriate training programs pursuant to § 26-3.
B.
Training programs may be made available in order to:
(1)
Provide an employee with skill and knowledge required
to achieve optimum performance in his current position.
(2)
Acquaint an employee with rules, regulations, ordinances,
policies, practices, and standards of Town service.
(3)
Provide an employee with appropriate training to develop
potential skills and knowledge required for a position to which he
may desire to advance.
[Amended 4-16-1997]
A.
A permanent employee may be demoted to a position
of a lower grade or rank for which he/she qualifies for any of the
following reasons:
(1)
When an employee would otherwise be laid off because
of lack of funding or his/her position is being abolished; his/her
position is being reclassified to a lower pay grade; lack of work;
or because of the return to work from authorized leave of absence
of another employee to such a position.
(2)
When an employee voluntarily requests such demotion.
(3)
As a disciplinary action.
B.
The Personnel Officer or Mayor shall notify the incumbent,
in writing in advance, stating the reason for demotion. Such notice
shall include information regarding appeal rights.
C.
In the case of a demotion for cause, the rate of pay
shall be a minimum of 5% lower than the annual salary that the employee
was originally earning. Such pay shall be part of the demotion action
and as such is subject to the application of grievance procedure.
D.
Resignation. Full-time employees, who resign their
position and fail to give the Town of Milton a minimum of two weeks
advance notice in writing, may be denied reemployment rights.
E.
The Personnel Officer or Mayor may layoff a full-time
employee by reason of lack of funds or work, the abolition of the
position, or other material changes in the duties or organization,
or for related reasons which are outside the employee's control and
which do not reflect discredit upon the service of the employee. The
duties performed by an employee laid off may be reassigned to other
employees already working who hold positions with appropriate qualifications.
F.
No full-time employee shall be laid off while another
person is employed on a full-time temporary or probationary basis
with the same qualifications for the unit of the layoff field.
G.
No full-time employee shall be laid off until all
bumping opportunities in the layoff field are exhausted, except an
employee may elect to waive such opportunity.
H.
Each full-time employee to be laid off shall be notified,
in writing, at least 30 days before the date of the layoff, except
where emergency conditions require a shorter period of notice. A copy
of such notice shall be forwarded to the Mayor and Council.
I.
Disability. In accordance with 29 Del. C. Chapter
55,[1] an employee may be separated for disability when he/she
cannot perform the required duties because of a physical or mental
impairment. Action may be initiated by the employee, his/her legal
representative, or the Mayor or Personnel Officer, but in all cases
it must be supported by medical evidence acceptable to the Mayor and
Council.
[1]
Editor's Note: See 29 Del. C. § 5519 et seq.
J.
Death. Separation shall be effective as of the date of death. All compensation due in accordance with law shall be paid to the estate of the employee and/or to the surviving spouse. Unused sick leave and annual leave of the employee separated by death shall be paid to the surviving spouse or the estate in accordance with § 26-18.
K.
L.
Reduction in force. When there is a lack of work, or a lack of funds,
requiring a reduction in the number of employees in a department,
the Town Manager or Mayor shall make the necessary reductions after
receiving the department head's recommendation. Employees shall be
separated by quality of total performance and/or the inverse order
of their relative length of service. With each affected job class,
all temporary employees shall be separated before probationary and
regular employees.
[Amended 5-2-2011 by Ord. No. 2011-002]
M.
Demotion. A regular employee may be demoted whenever, in the judgment
of the Town Manager or Mayor, the performance of the employee or the
employee's misconduct warrants demotion or whenever there is a reduction
in force where the employee is to fill a lower position of an employee
who was laid off. When the Town Manager or Mayor takes such action,
written notification shall be sent to the employee within three working
days of the decision and 30 days prior to the effective date. Notification
shall include a statement of the reasons for the action. The Personnel
Committee will review the demotion if the Town Manager or Mayor receives
the employee's request for review within 10 days of the employee's
receipt of the notice of demotion. The standard of review is whether
the Town Manager's or Mayor's decision is supported by substantial
evidence.
[Amended 5-2-2011 by Ord. No. 2011-002]
N.
Termination. Probationary and temporary employees may be terminated
with or without cause and have no right to a hearing. A regular employee,
except for the Town Manager and Chief of Police, may be terminated
for incompetence, neglect of duty, willful and persistent insubordination
and misconduct (including but not limited to theft, destruction of
Town property, falsification of records, abuse of the employee's position
for personal gain or conviction of a felony). If the Town Manager
or Mayor concludes a regular employee should be terminated, such an
employee will be sent a notice of intent to terminate. The Town Council
will review the Town Manager or Mayor's determination if the Town
Manager or Mayor receives the employee's written request for such
a hearing within 10 days of the employee's receipt of the notice of
intent to terminate. If the employee fails to submit a timely request
for a hearing, the notice of intent to terminate shall be the final
notice of termination. The standard of review is whether the Town
Manager or Mayor's decision is supported by substantial evidence.
If the employee prevails, the employee shall be reinstated with back
pay less any income earned from other sources, including unemployment
compensation benefits.
[Amended 5-2-2011 by Ord. No. 2011-002]
O.
A majority of the Council must be present for the hearing. The hearing
officer shall not be the person who recommends the dismissal charges.
At the hearing, which need not follow any formal procedures, and need
not be transcribed, the employee may offer his/her side and the reasons
why dismissal is not warranted. After having heard both the charges
and the employee's answer to them, the hearing officer shall notify
the employee of the Council's decision within five working days of
the hearing. If dismissed, the employee is entitled to a letter listing
the reasons, incidents and conditions that singly or together led
to the dismissal.
[Amended 5-2-2011 by Ord. No. 2011-002]
P.
Resignation. Any employee may resign in good standing by filing a
letter with the Town Manager or Mayor no later than 14 days before
the effective date of such resignation. Any employee resigning in
good standing may be reinstated to a position in the same class if
there is a need for the former employee's service within one year
from the date of resignation.
[Added 5-2-2011 by Ord. No. 2011-002]
Q.
Notice. Reduction in force, demotion, disciplinary suspension and
termination notices shall be sent to the affected employee by certified
mail or delivered by hand. If such an employee fails to accept or
claim the certified mail, the employee is presumed to receive the
notice within three days of mailing.
[Added 5-2-2011 by Ord. No. 2011-002]
[Amended 4-16-1997]
A.
Employee access to records. An employee shall have
controlled access to his/her records. After obtaining permission from
the Personnel Officer, the employee shall be scheduled a time to examine
his/her records under the supervision of those charged with maintaining
such records; i.e., Town Clerk or Personnel Officer.
B.
Personnel transactions. All personnel transactions
must be made on forms designated by the Personnel Officer.
C.
Records disposal. The employee's personnel record
is part of the permanent records of the Town of Milton. Upon termination
from employment, the records shall be kept in the Town of Milton.
The gaining agency and at their request shall receive copies of the
employees personnel file in which they have gained. A signature release
form with the leaving employee's signature shall accompany the gaining
agencies request for the personnel records.
During the course of any investigation or hearing, the Personnel Officer, the Personnel Committee or the Town Council of the Town of Milton may request any employee of the Town to attend and give witness. Any employee refusing to do so may be subject to disciplinary action as provided for in § 26-14 of this chapter.
[Amended 4-16-1997]
A.
Types of disciplinary actions. The following types
of disciplinary actions may be made in the full-time service in conformity
with the rules established: reprimand, suspension without pay, fine,
demotion and dismissal. The employee shall be notified, in writing,
that discipline is being imposed, as well as the reasons, incident
and conditions that led to the action. Notification must include information
concerning appeal rights.
(1)
Failure to pay legal debts or to reimburse the Town
of Milton for funds due.
(2)
Excessive tardiness. Tardiness of 30 minutes or less
may be cause for a reprimand for the first offense and a one-day suspension
without pay for the second.
(3)
Unlawful political or other activity contrary to the
laws of the State of Delaware. The preferred penalty for this offense
is dismissal.
(4)
Sleeping while on duty. An employee may be suspended
for five days for a first offense of this rule and 10 days for a second
violation. Where the hazard to personnel or property is acute, or
where there has been actual injury to persons or significant loss
of life or property, the employee may be dismissed.
(5)
Inmate, prisoner, employee abuse or mistreatment by
an employee. An employee who violates this rule may be dismissed.
(6)
Threatening, intimidating, harassing, or interfering
with employees or supervisors at anytime. Abusive or offensive language
toward a subordinate; baiting or otherwise inciting a subordinate
to violate rules or regulations; coercion in deprivation of an employee's
rights; or reprisal for use of grievance procedures could require
a five-day suspension for a first offense and a thirty-day suspension
for a second offense. If the act was malicious and deliberate, the
Personnel Officer would be justified in suspending the employee 30
days for the first offense and dismissing the employee for a second
offense.
(7)
Any other conduct of any employee which is not in
keeping with standards applicable to such employee in the performance
of his/her work. The penalty will vary according to the severity of
the offense.
(8)
Violation of security regulations. An employee who
violates this provision may receive a fifteen-day suspension for a
first offense and a thirty-day suspension for the second offense.
Where the violation is intentional or results in the unauthorized
release of compromise of confidential information, the employee could
be dismissed.
(9)
Sexual harassment, i.e., unwelcome advances or requests
for sexual favors and other verbal or physical conduct of a sexual
nature, that have the effect or purpose of unreasonably interfering
with an individual's work performance, or creating an intimidating,
hostile or offensive working environment, or of affecting an individual's
employment status, an employee who violates this rule may be dismissed.
B.
Guidelines for disciplinary action.
(1)
If the Personnel Officer or the Mayor suspends, fines,
demotes, or dismisses an employee, the reasons therefor, including
any past infractions that contribute to the reason for the action,
shall be included in the notice to the employee of the action.
(2)
A "reprimand," as referred to in this section, means
a formal letter or memo written to the employee that is reproving
or admonishing in nature. The letter of reprimand, which shall be
designated as such, must site the incident for which the employee
is being disciplined.
[Amended 4-16-1997]
A.
Purpose. The Personnel Officer shall provide an appraisal
system for evaluating the work performance of all full-time employees.
The purpose of the employee performance appraisal shall be primarily
to inform employees of the acceptability of their work and how they
can improve their work performance; therefore it is not to be construed
as a disciplinary action. Performance ratings shall be considered
in determining salary advancements as funds are available and in making
promotions, demotions for cause, dismissals, in determining the order
of separations due to layoffs
and in determining the order of reemployment. All employees shall
be counseled throughout the year as needed by the Personnel Officer
or the Mayor. Written performance appraisals shall be prepared and
recorded before the end of probation and annually thereafter as determined
by the Personnel Officer. In the case of unsatisfactory performance,
reappraisal is compulsory.
B.
Performance appraisals shall be completed for full-time
employees at the time of their separation and upon any change of supervision
if a performance appraisal has not been completed within the previous
six-month period.
C.
Rating officers. Appraisals shall be made by the immediate
supervisor of each employee and they shall be reviewed by the Personnel
Officer or Mayor. An employee in a supervisory position who is leaving
the position not due to discreditable circumstances shall be required
to complete performance appraisals on all full-time employees under
his/her supervision who have not had a performance appraisal completed
within the previous six-month period and to complete a performance
appraisal, if appropriate, or provide other documentation of performance
to date, for any probationary employee under his/her supervision.
Failure to meet such evaluation requirements shall be cause for denying
future employment with the Town of Milton.
D.
Review with employees.
(1)
The rating officer shall review each performance appraisal
with past appraisals or entries in the employees personnel file to
ensure correctness and appropriateness of all information prior to
the discussion with the employee.
(2)
After review of an appraisal with the employee, the
employee shall have the right to discussion with the next level of
supervisory authority, and to register written comments regarding
any and all objections to the rating officer's performance appraisal.
E.
Performance evaluation and dismissal. After an employee
receives a below standard appraisal, quarterly reevaluation will be
compulsory. A second below standard appraisal may result in dismissal.
The Personnel Officer or Mayor must initiate dismissal action after
a third rating below standard.
F.
Changes in performance. Whenever there is a change
in an employee's work performance sufficient to cause a change in
his/her overall rating, a performance evaluation form shall be filed.
Such report may not be filed earlier than three months following the
date of the last performance rating.
G.
Employee conduct.
(1)
Attendance. Each supervisor shall be responsible for the attendance of all employees in his/her section. No employee shall be paid unless he/she is at work in accordance with these rules and departmental or Town of Milton rules or he/she is on authorized paid leave as provided in § 26-18.
(2)
Every employee is required to report to work on time
each day. When because of emergency or sudden illness the employee
cannot report for work, he shall notify his supervisor within the
first hour of absence, or as soon as practical thereafter, giving
reason for his absence.
H.
Outside employment and pecuniary interests.
(1)
A full-time employee shall not engage in any outside
employment or other outside activity incompatible with the proper
discharge of the responsibilities of his/her position. It shall be
deemed incompatible with such discharge of responsibilities for an
employee to accept any fee, compensation, gift, payment of expenses
or any other thing of monetary value under circumstances in which
acceptance may result in a conflict with his/her public duties.
(2)
An employee shall not have a personal interest in
any business transaction within his area of influence in the Town
of Milton nor shall he/she have any private business relationship
that may conflict with his/her public duties. This restriction shall
not prohibit, however:
I.
Political activity. In accordance with 29 Del. C.
§ 5954, no full-time employee in the classified service
shall engage in the following activities: "No person shall use or
promise to use, directly or indirectly, any official authority or
influence, whether possessed or anticipated, to secure or attempt
to secure for any person an appointment or advantage in appointment
to a position in the classified service, or an increase in pay or
other advantage in employment in any such position, for the purpose
of influencing the vote or political action of any person, or for
any consideration."
[Amended 6-4-1990]
A.
The salaries of all employees are based upon a forty-hour
workweek. The one-hour lunch break is not paid and does not count
toward the forty-hour workweek.
B.
The Town Manager is responsible for the fulfillment of policy and
budgetary priorities established by the Mayor and Council. The Personnel
Officer, through department supervisors and authorized designees,
shall schedule employee assets in the most efficient and effective
manner required to fulfill the established policy and budgetary priorities.
[Amended 9-9-2013 by Ord. No. 2013-05]
C.
The standard work schedules of the departments of the Town of Milton
are as follows:
[Amended 3-3-1997; 9-9-2013 by Ord. No. 2013-05]
(1)
Administrative
offices shall be open for business from 8:30 a.m. until 5:00 p.m.,
from Monday through Friday; and from 9:00 a.m. until 12:00 noon on
the last two Saturdays of January, for the purpose of voter registration.
The particular shift(s) on which an Administrative Department employee
will work shall be determined by the Town Manager, or the Town Manager's
designee.
(2)
The
Police Department shall cover a twenty-four-hour schedule. The particular
shift(s) on which a Police Department employee will work shall be
determined by the Chief of Police, or a designee of the Chief of Police,
with the approval of the Mayor.
(3)
The
Public Works Department shall be open for business from 7:30 a.m.
until 4:00 p.m., from Monday through Friday. The Public Works Director
shall schedule employees in a manner that provides for the monitoring
and maintenance of water utilities, Town-owned buildings, streets
and parks 365 days per year, as required. The particular shift(s)
on which a Public Works Department employee will work shall be determined
by the Public Works Director, or a designee of the Public Works Director,
with the approval of the Town Manager.
(4)
The
Building and Code Department offices shall be open for business from
8:30 a.m. until 5:00 p.m., from Monday through Friday, and as required
for the proper administration of duties. The particular shift(s) on
which a Building and Code Department employee will work shall be determined
by the Project Coordinator, or a designee of the Project Coordinator,
with the approval of the Town Manager.
A.
No employee shall be employed in two or more part-time
positions concurrently if the aggregate pay exceeds 100% of the normal
full-time pay for the equivalent permanent position.
B.
Except for emergencies, overtime work shall be performed
only when the department head concerned or the Town Clerk states that
such work is necessary, and such worked is approved by the Mayor,
or in his/her absence the Vice Mayor, or in his/her absence the Personnel
Officer, or in his/her absence a member of Town Council.
[Amended 3-3-1997; 12-7-2009 by Ord. No. 2009-001]
(1)
All full-time classified employees shall be entitled
to an unpaid one-half-hour lunch break and such unpaid rest periods
not exceeding a total of 1/2 hour per day as may be determined by
the immediate supervisor.
(2)
Work, not of an emergency or critical nature, on holidays
shall require the prior approval of the employee's immediate supervisor.
(3)
Written employee requests for compensatory time or
paid overtime shall be submitted on such forms as the Personnel Officer
may designate and with signed verification by the immediate supervisor
the next business day to the Town Clerk.
C.
All full-time employee salaries are based on a forty-hour
workweek. The one-half-hour lunch break is not paid and does not count
toward the forty-hour workweek.
D.
A new employee shall be paid the minimum rate of pay
for his class. Exceptions to such minimum rate of pay may be granted
upon the written prior approval of the Personnel Officer if a new
employee exceeds the minimum qualifications, in which event the person
may be appointed at the second step or in an unusual case at a still
higher step. Cases shall be thoroughly analyzed and measured against
objective standards, with every effort being made to recruit a qualified
employee who will accept employment at the minimum rate of class.
E.
Upon the approval of the Personnel Officer, an employee
may be transferred from one position in a classified service to another.
Any employee temporarily transferred shall be paid, during the period
which the person is transferred, the minimum rate or the new salary
range of his existing rate. A temporary transfer shall be for a period
of no longer than 30 working days.
F.
When an employee is promoted to a position in a higher
class, his salary shall be increased to the minimum rate of the higher
class. In the case of overlapping ranges, the promoted employee shall
be increased to the step immediately above his present range of compensation,
but in no case shall the increase in salary be less than 5% of the
employee's former level of compensation.
G.
If an employee is demoted from one classification
to another, his salary shall be reduced to the maximum rate for the
new classification or the person shall continue at the same rate of
pay, whichever is the lower.
H.
The salary of each employee shall be reviewed semiannually,
annually or biannually, as may be determined by the Personnel Committee.
All of the personnel records shall be considered in making an evaluation
and recommendation for increases with a substantial emphasis placed
on personnel evaluations. After the above analysis by the Personnel
Officer and certification of satisfactory performance is approved,
the employee shall be entitled to a one step increase in pay. This
salary review shall continue until the maximum step in the pay grade
has been reached. An employee shall not be entitled to more than one
step increase with each review, except those employees who received
promotional increases; provided, however, that the Town Council of
Milton may, upon the recommendation of the Personnel Officer, grant
an additional step increase for exceptional and meritorious service.
I.
When an employee attains the top step of the pay grade
for his current position, an additional pay increase of his current
salary may be granted by the Town Council on the basis of an annual
evaluation of good or better. The Personnel Officer shall review the
performance ratings with the supervisor of each such eligible employee
and shall make a report to the Personnel Committee for its recommendation
to the Council.
[Amended 4-16-1997]
A.
Holidays.
[Amended 3-6-2012 by Ord. No. 2012-03]
(1)
All employees, except temporary, seasonal, emergency and part-time
employees, shall be compensated with his/her regular pay for the following
legal holidays and any other day or part of a day proclaimed by the
Governor as a legal holiday and so proclaimed by the Mayor and Council:
(a)
New Year's Day.
(b)
Martin Luther King, Jr. Day.
(c)
Good Friday.
(d)
Memorial Day.
(f)
Independence Day.
(g)
Labor Day.
(h)
Election Day.
(i)
Return Day on election years.
[Amended 12-6-2021 by Ord. No. 2021-011]
(j)
Veteran's Day.
(k)
Thanksgiving Day.
(m)
Christmas Eve.
[Amended 12-6-2021 by Ord. No. 2021-011]
(n)
Christmas Day.
(2)
One additional, flexible, holiday is available to eligible employees
during each calendar year that is not an election year. A written
request from the employee and approval by the department supervisor
are required.
[Amended 12-6-2021 by Ord. No. 2021-011]
(3)
As prescribed in the Delaware Code, when an approved holiday falls
on a Saturday, the preceding business day shall be considered the
legal holiday. When an approved holiday falls on a Sunday, the following
day shall be considered the legal holiday.
B.
Annual leave. Each supervisor shall schedule annual
leaves with particular regard to the operating requirements of the
agency, the seniority of employees, and insofar as practical, with
the requests of the employees. Employees cannot take annual leave
without prior approval or in excess of the hours actually earned.
The supervisor is responsible for responding to the employee's request
as soon as practicably and reasonably possible.
(1)
Though accruing, employees shall not normally be granted
paid annual leave until completion of six months of current services.
(2)
Employees except temporary, seasonal, emergency and
part-time shall accrue credit for paid annual leave as indicated below.
(3)
Employees who are authorized and work a forty-hour
week shall accrue credit for paid annual leave at the rate of 10 work
hours for each completed calendar month of service.
(4)
Employees who are authorized and work a forty-hour
week and who have completed 10 years of aggregate service as defined
in this chapter shall thereafter accumulate paid annual leave credit
at the rate of 12 work hours for each completed calendar month of
service.
(5)
Employees who are authorized and work a forty-hour
week and who have completed 15 years of aggregate service as defined
in this chapter shall thereafter accumulate annual leave credit at
the rate of 14 work hours for each completed calendar month of service.
(6)
Annual leave credit carried into a new calendar year
may not exceed twice the employee's annual accrual rate. This determination
is made on December 31 of each year, and although it is possible to
accrue in excess of twice the annual accrual rate during the year,
only twice the authorized maximum accrual rate may be carried forward.
In unusual circumstances and upon written request from the employee,
the Personnel Officer may authorize carrying over annual leave in
excess of the maximum amount. Payment for unused annual leave is not
authorized except at separation.
(7)
An employee absent from work on a legal holiday, on
paid leave, on disability arising from injuries sustained in the course
of employment while receiving a salary supplement pursuant to 29 Del.
C. § 5933, or on leave without pay for a period of 30 days
or less, shall continue to accumulate annual leave at the regularly
prescribed rate during such absence.
(8)
All annual leave credit and use shall be recorded
in the personnel records of the agency, shall be subject to review
by the Personnel Officer, and pertinent data shall be available for
inspection by the employee concerned.
(9)
Absences for fractional annual leave hours. Absences
for a fraction of an hour shall be charged as indicated. However,
nothing herein shall prevent a supervisor from using discretion and
providing a flexible work arrangement to accommodate an employee's
needs.
|
Duration of Absence
(minutes)
|
Amount Charged
(hour)
| |
|---|---|---|
|
1 to 15
|
0.25
| |
|
16 to 30
|
0.50
| |
|
31 to 45
|
0.75
| |
|
46 to 60
|
1.0
|
(10)
If only a partial month is completed the following
table shall be used to compute annual leave accrual for that month:
|
40 Hour Per Week Standard Work Schedule
| ||||
|---|---|---|---|---|
|
Total Days Worked
|
10 Hours Monthly Accrual
|
12 Hours Monthly Accrual
|
14 Hours Monthly Accrual
| |
|
1
|
0.50 hour
|
0.50 hour
|
0.75 hour
| |
|
2
|
1.00
|
1.25
|
1.50
| |
|
3
|
1.50
|
1.75
|
2.00
| |
|
4
|
2.00
|
2.50
|
2.75
| |
|
5
|
2.50
|
3.00
|
3.50
| |
|
6
|
3.00
|
3.50
|
4.25
| |
|
7
|
3.50
|
4.25
|
5.00
| |
|
8
|
4.00
|
4.75
|
5.50
| |
|
9
|
4.50
|
5.50
|
6.25
| |
|
10
|
5.00
|
6.00
|
7.00
| |
|
11
|
5.50
|
6.50
|
7.75
| |
|
12
|
6.00
|
7.25
|
8.50
| |
|
13
|
6.50
|
7.75
|
9.00
| |
|
14
|
7.00
|
8.50
|
9.75
| |
|
15
|
7.50
|
9.00
|
10.50
| |
|
16
|
8.00
|
9.50
|
11.25
| |
|
17
|
8.50
|
10.25
|
12.00
| |
|
18
|
9.00
|
10.75
|
12.50
| |
|
19
|
9.50
|
11.50
|
13.25
| |
|
20 or more
|
10.00
|
12.00
|
14.00
| |
(11)
Payment. If an employee resigns or is terminated
for any reason, including dismissal, or dies with unused annual leave
credit, the employee, or, in case of his/her death, his/her estate
shall be paid for any unused annual leave.
C.
Sick leave.
(1)
Usage.
(a)
An employee eligible for sick leave with pay
may use such sick leave for absence due to illness, injury, temporary
disability, exposure to contagious disease, or due to serious illness
of a member of the employee's immediate family requiring the employee's
personal attendance. "Immediate family" is defined to include a spouse,
domestic partner, parent, grandparent, brother, sister, son, son-in-law,
daughter, daughter-in-law, grandchild, stepparent, mother-in-law,
father-in-law, stepchildren, stepgrandparent or minor child for whom
the employee has assumed and carries out parental responsibility.
(b)
In addition, sick leave can be used for appointments
with doctors, dentists or other recognized practitioners, subject
to prior approval from the Personnel Officer. An employee, at his/her
option may also use sick leave to provide full regular pay during
periods when he/she is paid less than full pay under worker's compensation
provisions. Such leave shall be charged in proportion to the difference
between worker's compensation pay and full pay. Employees cannot take
sick leave with pay in excess of the hours actually accrued.
(2)
An employee needing sick leave shall inform his/her
immediate supervisor of the fact and the reason in advance, when possible,
or otherwise before the expiration of the first hour of absence or
as soon thereafter as practical; failure to do so may be cause for
denial of pay for the period of absence. Before approving pay for
sick leave, the Personnel Officer or Mayor, at their discretion, may
require either a doctor's note or a written statement signed by the
employee setting forth the reason for the absence. In the case of
an absence of more than three consecutive days, a doctor's note is
required as a condition of approval.
(3)
If an employee is ill or injured while on approved
annual leave, the period of such illness or injury shall be charged
to the employee's accumulated sick leave if it is documented to the
satisfaction of the Personnel Officer, i.e., doctor's note, hospital
record.
(4)
Accrual.
(a)
Employees who are authorized and work a forty-hour
workweek, except casual, temporary, or seasonal, shall accrue paid
sick leave credit at the rate of 10 work hours for each completed
calendar month of service.
(b)
Unused sick leave credit may be accumulated
without limit, but for payment, a maximum of 720 hours credit shall
apply.
(c)
An employee absent from work on a legal holiday,
on paid leave, on disability arising from injuries sustained in the
course of his/her employment or on leave of absence without pay for
a period of 30 days or less shall continue to accumulate sick leave
at the regularly prescribed rate during such absence as though he/she
were on duty.
(5)
Records and transfer. All sick leave credit and use
shall be recorded in the personnel records of the Town of Milton and
shall be subject to review by the Personnel Officer. The Personnel
Officer will review sick leave records to reveal discernible patterns
of repeated use of sick leave which may be construed as possible abuse.
In such cases, the Personnel Officer should counsel, require medical
evidence, make formal contact or take other appropriate action. Pertinent
data shall be available for inspection by the employee concerned.
(6)
Sick leave credit shall continue in effect while the employee remains in a full-time service. Upon leaving full-time status, sick leave shall be handled in accordance with § 26-18C(10).
(7)
Employees injured on the job will not be charged with sick leave for any portion of the day injured. Illness commencing during a work day will be charged to sick leave in accordance with § 26-18C(8).
(8)
Absences for fractional sick leave hours. Absences
for a fraction of an hour shall be charged as indicated. However,
nothing herein shall prevent a supervisor from using discretion and
providing a flexible work arrangement to accommodate an employee's
needs.
|
Duration of Absence
(minutes)
|
Amount Charged
(hour)
| |
|---|---|---|
|
1 to 15
|
0.25
| |
|
16 to 30
|
0.50
| |
|
31 to 45
|
0.75
| |
|
46 to 60
|
1.00
|
(9)
If only a partial month is completed the following
table shall be used to compute sick leave for that month:
|
Total Days Worked
|
40-Hour Week 10-Hour Monthly Accrual
(hours)
| |
|---|---|---|
|
1
|
0.50
| |
|
2
|
1.00
| |
|
3
|
1.50
| |
|
4
|
2.00
| |
|
5
|
2.50
| |
|
6
|
3.00
| |
|
7
|
3.50
| |
|
8
|
4.00
| |
|
9
|
4.50
| |
|
10
|
5.00
| |
|
11
|
5.50
| |
|
12
|
6.00
| |
|
13
|
6.50
| |
|
14
|
7.00
| |
|
15
|
7.50
| |
|
16
|
8.00
| |
|
17
|
8.50
| |
|
18
|
9.00
| |
|
19
|
9.50
| |
|
20 or more
|
10.00
|
(10)
Payment. An employee shall be reimbursed for unused accumulated sick leave under the following conditions [see § 26-18C(4)]:
(a)
At retirement under the state Pension Law, at
the rate of one day's pay for each two days of unused sick leave.
(b)
If laid off without prejudice for lack of work,
at the rate of one day's pay for each two days of unused sick leave.
(c)
In the event of death of the employee, payment
shall be made to his/her estate at the rate of one day's pay for each
day of unused sick leave.
D.
Leaves of absence.
(1)
Maternity leave. A pregnant employee may continue
to work, providing she can perform her regular duties, or until her
physician certifies she is temporarily disabled and can no longer
perform her duties. (In the interest of safety, the Personnel Officer
may request and follow additional medical opinion).
(2)
Military leave.
(a)
Entering extended service. An employee, other
than casual, temporary or seasonal, entering the active military service
of the United States shall be granted a leave of absence without pay
for the period of time of the tour of duty, extended for 90 calendar
days beyond the date of termination of active duty; upon return from
military leave the employee shall be placed in a position comparable
or the same position in which the employee qualifies.
(b)
Special military duty leaves (reserve duty).
Any employee, other than casual, temporary or seasonal, who is a member
of the military reserves of the United States or the National Guard
and who is ordered to attend training camp or to special duty, up
to 15 work days in any calendar year, shall be allowed to leave with
pay. Such military or special duty leaves shall not be deducted from
annual leave or in any other way result in loss of privileges or compensation
to said employee. If the active duty tour extends beyond 15 days,
the portion of the leave beyond 15 days shall be without pay. The
employee may elect to use accrued vacation leave only after receiving
prior approval from the Personnel Officer.
(3)
Leave for volunteer fire duty. With the written approval
of an employee's immediate supervisor, an employee other than casual,
seasonal or temporary, who is an active volunteer fire fighter, may
be permitted to respond to fire, rescue, ambulance or other emergency
calls during his/her regular hours of employment without loss of pay,
annual leave, sick leave or compensatory leave occurring only within
Town limits.[3]
(4)
Jury duty and appearance as witness.
(a)
An employee, other than temporary, seasonal
or casual, who is required to report daily to serve on a jury, shall
be excused with pay, but shall return to work within a reasonable
time on days he/she is released from jury duty.
(b)
An employee appearing as part of his/her work-related
duty before a court, legislative committee or judicial or quasi-judicial
body will be excused with pay or compensated, if applicable and is
appropriate, if attendance is required during nonregular duty hours.
(c)
An employee appearing under subpoena before
a court, legislative committee or judicial or quasi-judicial body
shall be excused with pay, unless such appearance is on his/her own
behalf in litigation involving personal or private matters, in which
case an employee may take annual leave.
(d)
An employee appearing on his/her own behalf
before the Personnel Officer or the Town Council in a grievance hearing
shall be excused with pay if attendance is required during regular
duty hours. However, this excuse with pay does not extend to time
in preparation of a grievance or consultation with an employee's representative.
(5)
Compassionate leave.
(a)
Three consecutive working days of leave with
pay shall be granted to an employee upon the death of a member of
his/her" immediate family" which is defined to include: a spouse,
parent, parent-in-law, grandparent, brother, sister, son, son-in-law,
daughter, daughter-in-law, grandson, granddaughter, stepchild or stepparent,
stepgrandparent or minor child for whom the employee has assumed and
carries out parental responsibilities.
(b)
One work day with pay shall be granted to attend
the funeral of the following near relatives: nephew, niece, aunt,
uncle, brother-in-law, sister-in-law, grandparent-in-law, great grandparent,
step-parent-in-law or any other relative living in the employee's
household.
(6)
Unauthorized absences.
(a)
Any absence from duty that is not in compliance
with the rules governing authorized leaves shall be considered an
absence without leave and is cause for disciplinary action.
(b)
No employee shall absent oneself from duty without
authorization by the Personnel Officer, except in case of emergency
illness, accident or serious unforeseen circumstances. Such emergency
conditions should be brought to the attention of the supervisor or
Personnel Officer as soon as practicable.
(c)
An employee who is absent from the service without
a valid leave of absence for three consecutive working days may be
deemed to have abandoned his position and to have resigned from the
service, unless in the period of three working days succeeding such
three days the employee proves to the satisfaction of the Personnel
Officer that such absence was excusable. If the employee's excuse
does not satisfy the Personnel Officer, the employee may be considered
to have resigned by abandonment of position. In the event of abandonment,
the employee shall be notified, in writing, that such abandonment
constitutes voluntary resignation.
(d)
Nothing contained herein shall be construed
as preventing the Personnel Officer from taking disciplinary actions
against an employee because of unauthorized absence. This may also
include termination.
(7)
Accrual rates and continuity of service. Leave accrual
rates under this chapter shall be based on aggregate service. Annual
leave and sick leave will accrue during periods of paid leave of absence,
or unpaid leave up to 30 days, but will not accrue during leaves without
pay greater than 30 days.
E.
Uniforms. The Mayor, upon request of the Personnel
Officer and approved by the Treasurer, may approve the provision of
uniforms, or establish reasonable uniform allowances in lieu therefor,
to be provided by the employer, in cases where the wearing of uniforms
is appropriate for the good of the service.
