[Adopted 10-14-1981, as amended through 12-21-2005]
A.
Intent. It is recognized that emergency work situations arise which require employees of the Town of Massena to be near their place of employment and to assume the continuation of essential public services to protect the health, safety and general welfare of the people. Through the adoption of this resolution, the Board makes a determination that those who are residents of the Town's Massena Electric Department service area take a greater interest in promoting the public safety and health and the future of this community than do nonresidents whose families reside in areas unaffected by Town services. The Board further declares that such a quality is desirable for its employees. The Board considers that residency of its employees and officers within a community will strengthen the economic status of the Town and will encourage stability in its neighborhoods and assure continuation of essential public services. Pursuant to the authority of law and pursuant to determinations by the State Public Employment Relations Board, the Board determines that the public need is sufficient to require that employees hired or employed after the effective date of this local resolution be residents of the Town and that those employees who presently live in the community continue to do so.
B.
RESIDENCY
Definitions. As used in this resolution the following
terms shall have the meanings indicated:
The actual principal domicile of an individual, where he
or she normally eats or sleeps and maintains usual personal and household
effects.
C.
Residency for new employees. The Board establishes
a residency requirement for all prospective employees of the community.
Every person hired by the Town of Massena after December 21, 2005,
shall be a resident of the Town's of Massena Electric service area
or shall become a resident within six months of the date of initial
service for the Town and shall remain a resident while employed by
the Town. During the time of service of such employee, no individual
shall cease to be a resident of the Town's of Massena Electric service
area. This resolution shall be applicable to all employees regardless
of civil service classification.
D.
Residency for present employees. The Board hereby
establishes a residency requirement for all present employees of the
community. Every person presently an employee of the Town of Massena
and a resident of said Town shall continue to be a resident of the
Town of Massena Electric service area while employed by the municipality.
During employment by the Town no individual shall cease to be a resident
of the Town of Massena Electric service area.
E.
Notice to employees. A copy of this resolution shall
be provided to all employees. However, the failure of the employer
to do so shall not affect the applicability of the resolution to any
employee hired after its effective date. A copy of this resolution
shall also be posted on all notice boards normally used by the employer
for employee communications.
F.
Termination of service for nonresidency. Should it be alleged that an employee subject to the provisions of Subsections C and D of this section is no longer a resident of the Town of Massena Electric service area, the employee's supervisor or other appropriate municipal officers, upon becoming aware of the allegation, shall provide the employee with written notice of his alleged violation and shall allow the employee seven calendar days in which to respond. Regardless of whether or not a response is received, a hearing date shall be determined to examine the charge of nonresidency. The employee shall be sent a notice of the hearing date 15 days prior to the hearing. Upon a determination by a hearing officer or by a board conducting the hearing that the employee is a nonresident in violation of this resolution, the employee will be deemed to have voluntarily resigned.
G.
Waiver of requirements.
(1)
In the event that the Board determines that it is in the best interests of the public employer to do so, the provisions of Subsection C may be waived with respect to a particular person or a particular position in accordance with these standards:
(a)
Lack of applicants. The requirements of residency
may be waived in those instances where the employer has difficulty
hiring or promoting persons because of the residency requirements.
(b)
Necessity for nonresidency. The requirement
of residency may be waived in those instances where it is determined
that residency is not in the best interests of the employer.
A.
Leave of absence for just cause, without pay, must
be requested in writing to the department head, stating reason and
may be granted for periods of three months upon written request by
the employee, but in no case will an extension be granted for a combined
period of more than one year.
B.
Pregnancy. A leave of absence will be granted for
pregnancy, without pay, provided that the employee returns to work
within two months after the birth with a doctor's certificate of fitness
to return to work.
C.
Before a leave of absence can take effect, an employee
must use all available vacation time towards time needed. In other
words, vacation time will not be held until one returns back after
a leave of absence.
D.
Continuous leave of absence for personal reasons and
not emergencies will be looked upon with disfavor, and repeated abuse
may lead to termination of employment.
E.
Remember:
(1)
All employee benefits cease during a leave of absence.
Accruals for vacations and sick leave benefits are suspended during
the period from the start of a leave of absence to the day you return
to work.
(2)
Social security payments are not made as you receive
no salary.
(3)
A leave of absence is voided by acceptance of employment
elsewhere.
A.
The purpose of these regulations is to establish uniform
provisions for sick leave applicable to employees of all departments
of the Town of Massena.
B.
The term "town employee" shall include all full-time
employees of the Town of Massena; seasonal or temporary employees
are specifically excluded from coverage under this sick leave plan.
C.
Absence from duty by an employee of the Town of Massena
by reason of his or her sickness or disability shall be allowed as
provided in this section and not otherwise. Absence from duty for
such reasons, if duly granted by the department head, shall be considered
and known as "sick leave."
D.
In addition to any annual vacation and holidays, when
illness or disability makes it impossible for an employee to work,
and in order to protect the employee against loss of salary during
this period, all employees of the Town of Massena who have been regularly
and continuously employed for a period of one month prior to the request
for sick leave shall be allowed to accumulate sick leave at the rate
of one day for every month worked starting with the second month of
continuous employment.
E.
Sick leave may be accumulated to a maximum of 200
days with unused sick leave adding to the total from year to year.
Once 200 sick days has been accumulated, sick leave monthly accumulation
ceases. Upon use of sick leave and the accumulated days falls below
200 days, monthly accumulation will resume until a maximum of 200
days has been reached.
F.
In the event of absence with pay because of illness
or disability, the number of days of such absence during any one calendar
year shall be charged against sick leave.
G.
An employee who has used some or all of his sick leave
may reaccumulate sick leave for each month of service after his or
her return to work at the rate of one day per month.
H.
Accumulated sick leave is valuable insurance against
losing income when you are ill. Use it wisely.
I.
Payments. Payments will be made on regular paydays.
J.
Any employee who is unable to report for duty because
of illness or physical disability shall notify his or her Department
Head before the beginning of the workday. If not within this time
limit, it may be considered a lost day. If the employee is unable
to do so on his or her own behalf, a responsible person may make this
report.
K.
Repeated sick time taken off on or before or after
regular days off or holidays is looked upon with suspicion. Any employee
receiving worker's compensation payments shall not be eligible for
sick-time pay. A seven-day waiting period is required from the date
of the injury before compensation payments begin.
L.
Sick time will not be offered during that waiting
period; however, if the injury is not disabling and if a person is
off less than seven days, the sick-day payments will be effective.
M.
If a holiday falls during a sick leave period, it
will not be paid for.
N.
Where an employee because of sickness or disability
is required to remain away from his department beyond his sick leave
allowance, the department head, in his or her judgment, may petition
the Town Board that additional sick leave with pay be granted, due
consideration being given to the employee's service prior to the request.
O.
In the event of resignation or discharge of an employee,
his or her accumulated and unused sick leave time shall be canceled
and not paid for.
P.
Any false representation made by an employee in connection
with a claim for sick leave benefits shall be deemed a just cause
for disciplinary proceedings.
Q.
Payment for unused sick leave at retirement shall
be a cash payment for accumulated sick leave at the retirement date
or death. Payment for unused sick leave for employees shall be payable
for all accumulated and unused days up to 200 days at 50% of the employee's
final hourly rate based on an eight-hour day.
R.
Accumulated earned sick time and accumulated earned
vacation time will be paid to a deceased employee's estate under the
terms set forth above.
A.
An annual paid vacation is granted to all permanent
full-time employees. The length of your vacation is based upon your
length of continuous service. It is recommended that vacations be
taken at not less than one week at a time; however, periods less than
one week must be approved by your department head.
B.
General rules.
(1)
Vacations shall be scheduled in advance by each department
head in accordance with work requirements of the department. Should
a holiday fall during your vacation period, an extra day with pay
shall be granted, and the time at which it is to be taken will be
left to the discretion of your department head.
(2)
No vacation will be granted until completion of one
year of continuous service.
(3)
Vacations may not be accumulated and carried over
into a later year.
(4)
No allowance will be made for sickness or other incapacity
occurring during vacation.
(5)
An employee may require more vacation than what he
or she has earned, in which case vacation may be granted (without
pay) at the discretion of the department head, with approval of the
Town Board. (NOTE: This vacation must be taken Monday through Friday.
If a holiday falls during this period, no extra day is earned.)
C.
Terminal vacation pay. If any employee works full-time
for three consecutive years, he or she will be eligible for terminal
vacation pay, equal to prorated vacation time earned for every month
of service completed after his or her anniversary date. Any vacation
already taken in the current year will be deducted from the terminal
vacation due. If an employee is discharged for cause, he or she will
not be eligible for terminal vacation pay.
A.
The Town recognizes the following days as paid holidays:
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New Year's Day
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President's Day
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Good Friday
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Memorial Day
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Independence Day
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Labor Day
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Columbus Day
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Veterans Day
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Thanksgiving Day
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Day after Thanksgiving
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Christmas Day
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Floating holiday (for loss of one President's
birthday in February)
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Martin Luther King's Birthday
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B.
When a holiday falls on Saturday, the holiday will
be observed on the preceding Friday. When a holiday falls on Sunday,
the holiday is observed on the following Monday.
C.
General rules.
(1)
To be eligible for the holiday with pay, unless the
absence has been approved by his or her department head, the employee
must have worked the entire day of the last scheduled workday before
the holiday and have worked the entire day of the next workday after
the holiday.
(2)
When a paid holiday falls within an employee's vacation
period, the employee will receive equivalent time off. If an employee
is receiving worker's compensation, he or she will not receive payments
for holidays. If a holiday falls during an employee's period of illness,
he will not receive compensating time off when he or she returns to
work.
The Town recognizes that employees have certain
civic obligations and personal demands that require time off from
work. It is the desire of the Town to make it possible for the employee
to meet the obligations that an employee may encounter. Accordingly,
the Town provides time off for the following specified reasons, under
the conditions and with the rights prescribed for each:
A.
An employee called for temporary military duty or
physical examination will not be paid for the days he/she is away
from his or her Town job.
B.
Death in the family. You will be allowed up to three
days for funeral time with pay for a full-time employee for a death
in your family (mother, father, father-in-law, mother-in-law, sister,
brother, child, wife or husband). Exceptions to this policy may be
made only by the Town Supervisor.
C.
Jury duty. If you are summoned for jury duty, you
will be allowed necessary time off by showing the summons to your
immediate department head. You are required to return to work following
the completion of jury duty. You will be reimbursed the difference
between the fee received for jury duty and your regular straight time
salary. The Town will contest appearances of more than one employee
from each department at any time.
D.
Civic duty. Time off without pay shall be allowed
for civic duties that are voluntary in nature, such as Election Boards,
Board of Education or government service (if it can be arranged without
disruption of Town activities).
A.
Employment may terminate as a result of retirement, death, voluntary resignation, requested separation or discharge for cause.
B.
Retirement. Employees shall normally retire at age
65. Upon recommendation of the department head, employment may be
continued to meet the needs of the Town, as approved from year to
year by the Town Board.
C.
Voluntary resignation.
(1)
An employee shall give as much advance notice as possible.
Failure to give such notice may disqualify the employee for terminal
benefits.
(2)
An employee who, without reasonable excuse, fails
to report his absence from work and who is absent five consecutive
days of his working schedule shall be deemed to have resigned.
D.
Separation. An employee may be requested to resign
or be separated from the Town of Massena because he or she either
does not or cannot perform according to the standards of the job;
the employee will be notified in advance of such nonperformance and
an opportunity provided for him or her to improve. The employee will
be given one week's notice in advance or, at the Town's option, one
week's salary in lieu of such notice.
E.
Discharge for cause. Although it is unpleasant to
mention reasons for discharge, in the interest of clear understanding,
the following are considered reasons for discharge:
(1)
Conviction under any criminal code of law.
(2)
Material falsification of information given for personnel
record.
(3)
Incompetence.
(4)
Insubordination, including but not limited to refusal
to do assigned work which the employee is capable of doing.
(5)
Gross negligence in performance of duties or in the
care or use of Town equipment.
(6)
Repeated, unexcused failure to notify department head
of absence from duty.
(7)
Repeated tardiness, after warning.
(8)
Repeated absence without satisfactory explanation
after warning.
(9)
Drinking on the job or reporting to work while intoxicated.
(10)
Conduct which violates common decency or morality.
(11)
Stealing or malicious mischief resulting in
the injury or destruction of property or injury to other employees.
(12)
Repeated failure to meet financial obligations
that are within the control of the employee and result in wage assignments
or other financial entanglements.
(13)
Obtaining or conveying, without authority, confidential
information.
A.
Qualified full-time employees of the Town of Massena
will be paid an annual payment to be known as "longevity pay." This
will be awarded in the last pay period in the month of November each
year.
B.
Awards. Regular full-time employees shall be entitled
to longevity payments of $500 per year upon completion of 10 years
of service. For employees who complete 16 years of service, the longevity
payment will be $750. For employees who complete 20 years of service,
the longevity payment will be $1,000.
When an employee is called to work, he or she
shall be paid for all hours worked but for not less than four hours.
Work schedule (shift) for highway workers shall
be as follows:
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6:30 a.m. to 12:00 noon
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12:00 noon to 12:30 p.m. lunch
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12:30 p.m. to 3:00 p.m
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When computing overtime pay, sick days are not
considered as time worked. If overtime occurs in a week in which sick
time was taken, the employee would not receive overtime pay until
he or she has paid back the sick time with time worked and would be
paid straight-time pay. Holidays are considered time worked when calculating
overtime pay.
If any employee has a complaint concerning his
working conditions or personal relations with other employees, he
or she should consult his or her immediate department head. If the
complaint is not handled satisfactorily, he or she may refer it to
the next higher authority. If the aggrieved has not been able to reach
a satisfactory agreement, a meeting will be arranged to bring the
complaint before the Supervisor of the Town of Massena.
All new employees will be required to have a
physical at their own expense.
Effective January 1, 1997, all newly appointed
and/or elected part-time paid employees will have the option to purchase
health insurance through the Town's group insurance plan.
[Added 3-17-1999]
Effective February 1, 1999, all employees will
provide their own ANSI-approved or OSHA-approved safety boots as a
condition of employment. Commencing February 1, 1999, the Town of
Massena will reimburse the employee (by separate check) up to the
sum of $60 once per calendar year upon the provision of a receipt
for the safety boots purchased. Any new employee hired must obtain
safety boots as part of the hiring requirement at the beginning of
each year. Temporary employees must obtain safety boots but will not
be reimbursed the cost of the boots.
