Transfer of an employee from one position to
another without change in grade may be effected when:
A. The employee meets the qualification requirements.
B. The transfer is in the best interests of the Town.
C. Further training and development of an employee in
another position would be beneficial to the future potential of the
Town.
D. The transfer meets a personal need of the employee and is consistent with Subsections
A and
B above.
An employee may be demoted to a position of
a lower grade, for which he or she is qualified, for any of the following
reasons:
A. As an alternative to layoff when a position is eliminated.
B. The position is reclassified to a lower grade.
C. The program is terminated.
D. The employee requests the demotion.
E. An employee is bumped due to a return of another employee
from a leave of absence.
F. When unsatisfactory service is rendered.
Separation is the termination of an employee
from employment by the Town through resignation, discharge, disability,
death, retirement, dismissal or layoff.
A. Conditions of separation. At the time of separation,
all records, assets or other items of Town property in the employee's
custody shall be transferred to the department head. In the case of
an employee's resignation, an employee who separates from Town service
after two weeks' notice, unless otherwise approved in advance by his
or her department head, and who has returned all records, assets,
or other items of Town property will be considered to have resigned
in good standing.
B. Payment upon separation. Employees who separate from
the Town in good standing shall receive payment for all accrued sick
days and vacation leave.
C. Resignation. An employee resigns in good standing
if a written statement of reasons for the resignation is received
at least 14 days prior to the effective date of the resignation and
if such employee returns all Town property, records, and assets before
departure.
D. Discharge during probation. An employee whose performance
does not meet required standards may be terminated at any time and
for any legitimate reason during probation.
E. Disability. Any employee who is unable to perform
an essential function of his/her job, as determined by the Town, because
of physical or mental disability, despite reasonable accommodation,
may be discharged. An employee may be separated for disability when
he/she cannot adequately perform the full duties of his/her position
because of physical or mental impairment. The Town may require an
examination at the Town's expense by a physician of its choice. The
termination date shall be the last day the employee performed work
for the Town. All accrued vacation, sick leave or earned time shall
be credited pursuant to these regulations.
F. Death. Separation shall be effective as of the date of death. All compensation due in accordance with Subsection
B shall be paid to the estate of the employee, except for such sums as by law may be paid to the surviving spouse.
G. Retirement. Retirement is the separation of an employee
in accordance with the provisions of the Town retirement system under
which the employee is eligible to receive benefits.
H. Discharge. Discharge is an involuntary separation of an employee for any legitimate reason, after appointment. For all employees other than senior-level employees, as defined in the Charter, upon the recommendation of a department head, or upon his or her own initiative, the Town Manager may discharge an employee. Senior-level employees may be discharged upon recommendation of the Town Manager subject to the approval of the Town Council. Within 48 hours of the discharge decision, exclusive of Saturdays, Sundays or holidays, the Town shall provide the employee a written statement of such action specifically setting forth the reasons for the action and the appeals procedure. Except for senior-level employees, for whom the Council retains final authority over discharge decisions, any employee discharged after successful completion of the probationary period shall have the right to appeal as provided in §
A174-44 of these rules.
I. Layoff. Layoff is an involuntary separation of an
employee resulting from a reduction in force due to lack of funds
or work or because the employee's position has been abolished or for
other legitimate reasons. The department head shall submit a report
to the Town Manager, together with a recommended list of the employee(s)
to be laid off.
(1)
Order of layoff. The Town Manager shall determine
the order of layoff of employees on the basis of the relative suitability
for the jobs that remain and length of continuous service with the
Town, except that no regular full-time or part-time employee shall
be separated while there is a temporary or probationary employee in
any job class in that department performing duties for which the regular
employee is at least equally qualified and applies.
(2)
In the event of a layoff, the Town will use
its best efforts to provide as much notice as is reasonably possible
to all affected employees.
(3)
Reemployment list. If certified as having rendered
satisfactory service, the name of the employee laid off shall be placed
on the appropriate reemployment list. Such employees shall be subject
to recall to a vacant position for which they are qualified for a
period of one year from the date last worked for the Town. Employees
on the reemployment list who decline reemployment or do not respond
will be dropped from the list.