The Town/Village of East Rochester is committed to providing employees with a work environment that is free of the problems associated with the use and unlawful possession of controlled substances. As a federal contractor, we also are responsible for providing our residents with quality workmanship at reasonable cost in a safe and efficient manner. As a condition of employment with our Town/Village, all employees are required to fully comply with the provisions of this policy.
A. 
Definition of controlled substances. "Controlled substances" are defined as those drugs listed in Schedules I through V of Section 202 of the Federal Controlled Substances Act (21 U.S.C. § 812) and include but are not limited to marijuana, cocaine (including "crack" and other cocaine derivatives), morphine, codeine, phenobarbital, heroin, amphetamines and many barbiturates. A copy of these schedules may be obtained from the Village Administrator.
B. 
Unlawful presence of controlled substances in the workplace.
(1) 
The unlawful use, sale, possession, distribution, dispensation, formulation, manufacture or transfer of controlled substances on Town/Village property, in Town/Village vehicles or on other work sites where employees may be assigned during work hours is strictly prohibited.
(2) 
Further prohibited is the use, sale, possession, distribution, dispensation, formulation, manufacture or transfer of controlled substances on non-working time to the extent such use impairs an employee's ability to perform his/her job or where such use, sale, possession, distribution, formulation, manufacture or transfer affects the reputation of the Town/Village to the public or threatens its integrity.
C. 
Reporting the use of prescription drugs. If you are taking drugs prescribed by a physician, dentist or other licensed practitioner, which could affect your job performance and physical/mental capabilities, you must obtain a written statement from your attending physician. This statement must specify work restrictions, and it is to be given to your supervisor prior to your starting work under the influence of this drug(s).
D. 
Notification of workplace drug conviction. You must notify the Village Administrator of a controlled substance violation in the workplace or while conducting Town/Village business outside the workplace. Failure to do so will result in disciplinary action, up to and including termination from employment for a first offense. The Village Administrator will inform the contracting agency of the CSEA conviction within 10 days of such notification.
E. 
Violation of drug-free workplace policy. Employees violating this policy will be subject to disciplinary action, which may include termination for a first offense.
F. 
Drug-free awareness program. In a continuing effort to maintain a drug-free workplace, the Town/Village of East Rochester has established a drug-free awareness program to inform employees of the dangers of drug abuse. This drug-free awareness program includes:
(1) 
Discussing our Drug-Free Workplace Policy during employment interviews.
(2) 
Including the Drug-Free Workplace Policy in our Employee Handbook.
(3) 
Discussing the Drug-Free Workplace Policy during the orientation process for new employees.
(4) 
Providing an Employee Assistance Program for the free, confidential use of employees and their families to increase drug awareness.
G. 
Administration. The Village Administrator is responsible for the administration of this policy.
The Town/Village is committed to providing fair and equal employment opportunities for all individuals, including those who have been exposed to the AIDS virus or are in AIDS-related groups. The Town/Village of East Rochester is also committed to providing a safe workplace for all employees that meets or exceeds federal, state and local regulations.
A. 
If the Town/Village learns that one of its employees or job applicants has AIDS or the HTLV-III antibodies, such information will be treated as highly confidential. However, the organization needs to follow New York State Sanitary Code provisions in this regard. Employees may not refuse to work alongside coworkers who have or are suspected of having AIDS.
B. 
AIDS victims and those feared to have AIDS are fully protected as disabled persons under the Human Rights Law of New York State.
The Town/Village is committed to a policy of equal employment opportunity with respect to all employees and applicants for employment. This policy prohibits discrimination on all legally protected bases, including, but not limited to, race, color, gender, age, marital status, disability, religion, citizenship, national origin, sexual orientation or veteran status. In addition to the aforementioned bases, arrest records, genetic predisposition or carrier status, political activities and legal activities conducted outside of work hours are protected bases in New York State.
A. 
Practices. This policy will be observed in the recruitment, hiring and on-the-job treatment of individuals.
B. 
Decisions. Decisions regarding wage and salary administration, benefit plans, promotions, transfers, demotions and terminations will be made in accordance with this policy.
C. 
Questions. If you have questions on the administration of this policy or a complaint regarding equal employment opportunity, you should meet with your supervisor. If you are not satisfied with the resolution, appeals will generally follow the steps outlined in the Freedom of Discussion Policy (see § EH-4.9).
The Town/Village of East Rochester is committed to maintaining a work environment free from all forms of harassment, where the individual dignity of each employee is respected. The Town/Village prohibits all forms of harassment, including harassment based on race, age, color, religion, disability, gender, sexual orientation or national origin. All employees, as well as nonemployees, conducting business in our workplace are covered by this policy. Annual sexual harassment and violence in the workplace training is mandatory for all employees.
A. 
The creation of an intimidating, hostile and/or offensive working environment constitutes harassment and is an illegal act for which the Town/Village is liable. Specific definitions of harassment are as follows:
(1) 
"Sexual harassment" is defined in § EH-3.5 of this Handbook.
(2) 
"Physical harassment" refers to pushing, hitting or other offensive behavior of a physical nature.
(3) 
"Verbal abuse" refers to derogatory or degrading comments regarding an individual's gender, race, age, color, religion, disability or national origin. Verbal abuse also encompasses written comments that have a derogatory or degrading effect.
B. 
Harassment, whether it be sexual, physical or verbal in nature, is a form of employee misconduct which undermines the integrity of the employment relationship within our organization. Such harassment also violates Title VIII of the Civil Rights Act as well as specific state laws.
C. 
If you feel you have been subjected to harassment or intimidation, you should immediately inform either your supervisor or another member of management. Your complaint will be investigated immediately and confidentiality will be maintained to the degree feasible. Your employment status will not be jeopardized for filing a valid complaint.
D. 
If a harassment complaint is found to be valid, immediate and appropriate corrective action will be taken. The employee who has violated this policy will be subject to discipline up to and including termination.
A. 
Policy. Based on the principle that every person is entitled to be treated with respect and dignity, and to assure a productive environment which is free of discrimination and intimidation, it is the policy of the Town/Village of East Rochester to strictly prohibit conduct which constitutes sexual harassment in any form. Any person violating this policy will be subject to discipline. Any person who complains of harassment, and persons participating in investigation of such complaints, will be protected from retaliation.
B. 
Definition of sexual harassment.
(1) 
The Town/Village of East Rochester defines sexual harassment as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
(a) 
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or membership; or
(b) 
Submission to or rejection of such conduct by an individual is used as the basis for employment or membership decisions affecting such individual.
(2) 
The Town/Village of East Rochester further defines sexual harassment as:
(a) 
Unwelcome verbal or physical conduct of a sexual nature that has the purpose or effect of unreasonably interfering with the person's job functions.
(b) 
Unwanted sexual advances.
(c) 
Unwanted physical contact, such as touching, pinching, patting or brushing against the body.
(d) 
Offensive, sexually oriented verbal comments, including sexual innuendo, suggestive remarks or jokes that refer to sex or gender.
(e) 
Subtle pressure for sexual activity.
(f) 
Display of offensive, sexually oriented pictures, posters or cartoons.
(3) 
Sexual harassment may occur between fellow employees, organizational members such as volunteers of the Fire Department or Ambulance Corps, for example, or between an employee and customer or vendor. It can happen anytime, at any place, when a person is functioning within the scope of his or her job, either on Town/Village property or in meetings or social settings off Town/Village property.
C. 
Responsibilities.
(1) 
Management. The Mayor, Trustees, Administrator, Clerk-Treasurer, Superintendent of Public Works, Police Chief, Fire Chief, Public Works Foreman and any senior-level manager, director and/or department head is responsible for setting a tone of conduct that is appropriate.
(a) 
Management must treat each complaint of sexual harassment in a manner that is serious, sensitive and as confidential as possible given its responsibility to investigate allegations of sexual harassment.
(b) 
Management is responsible for:
[1] 
Educating employees/members on the sexual harassment policy, the existence of that policy and the reassurance that the Town/Village of East Rochester intends to vigorously enforce that policy.
[2] 
Maintaining open lines of communication, allowing employees/members to express their concerns without fear of retaliation or criticism.
[3] 
Stopping any form of sexual harassment which may be observed.
[4] 
Responding to and dealing with complaints of sexual harassment in an objective, confidential manner.
[5] 
With assistance from the Board of Trustees, initiating investigations of alleged sexual harassment immediately after it is reported.
(c) 
If a thorough investigation leads to the conclusion that sexual harassment has occurred, Management must take appropriate corrective action up to and including termination of the offender.
(2) 
Employees/Organization members. The Town/Village of East Rochester expects all employees/organizational members to treat coworkers with dignity and respect. Each person must refrain from any conduct, verbal or physical, which may be perceived by a reasonable person as sexual harassment.
D. 
Freedom against retaliation. Town/Village policy ensures that no individual will suffer retaliation for bringing forth a legitimate complaint or allegation of sexual harassment. This policy extends to individuals who may observe situations involving sexual harassment, as well as the individuals who are victims of such actions.
E. 
Action steps.
(1) 
Individuals observing sexual harassment. Individuals who see or hear a coworker being harassed are encouraged to:
(a) 
Talk to the offender, helping him or her to understand the impact and consequences of his or her actions.
(b) 
Support the victim by speaking up in group situations.
(c) 
Document the observations: specific dates and times where the incident occurred, what happened, what was said, etc.
(d) 
Share the information with a member of management, as defined in Subsection C of this section.
(2) 
Victims of sexual harassment. Individuals who believe that they have been sexually harassed are encouraged to:
(a) 
Tell the harasser that his or her comments and/or behavior are personally offensive.
(b) 
Report the incident immediately to any of the following individuals with whom the victim feels most comfortable: Administrator, Department Head or other direct supervisor, Mayor or a Board member.
(3) 
Management. Upon notification/complaint of an incident of sexual harassment, Management will:
(a) 
Immediately initiate a thorough investigation of the incident.
(b) 
Notify the Administrator, Mayor and Board of Trustees of such an investigation.
(c) 
Pending the outcome of the investigation, recommend to the Board of Trustees the appropriate action to be taken, up to and including termination from employment/membership, when the investigation leads to the conclusion that the individual has been subject to conduct that constitutes sexual harassment.
(d) 
Ensure that employees/members do not suffer retaliation for reporting incidents of sexual harassment in good faith.
[1]
Editor's Note: See also the Sexual Harassment Policy Statement included as an attachment to this Handbook.
The following smoking provisions have been adopted in the interest of providing a safe and healthy environment for both employees and visitors to our building.
A. 
Smoking restrictions.
(1) 
Smoking is prohibited throughout indoor Town/Village facilities, and in clear view of all entrances and exits.
(2) 
Smoking is also prohibited in all Town/Village vehicles.
B. 
Compliance. We respect the preferences of both the nonsmoker and smoker; however, when these preferences conflict and the law or regulations do not provide a reasonable accommodation, the preferences of the nonsmoker prevail. Employees and visitors are required to comply with this Smoking Policy while on Town/Village premises or in Town/Village vehicles.
A. 
Policy. A municipal employee may not appoint, employ, promote, advance or advocate for appointment, employment, promotion or advancement in or to a municipal position over which he or she exercises jurisdiction or control any individual who is related to the employee by blood, marriage or adoption. An individual may not be appointed to or be employed in, promoted to or advanced in or to a position if such employment, appointment, promotion or advancement has been advocated by a municipal employee exercising jurisdiction or control over such position who is related to the individual by blood, marriage or adoption. However, this policy does not preclude a relative of a current employee from being appointed, employed or promoted to a position in a department over which he or she does not exercise jurisdiction or control.
B. 
Exemptions. Exemptions may be made by the Administrator under the direction of the Town/Village Board.
The Town/Village considers service on a jury to be an important civic duty. If you are called to serve, you will be paid your normal pay for the period of absence. In fairness to the Town/Village, you are expected to return to work if you are excused from such duty during your regular working hours.
Reimbursable expenses include, but are not limited to, expenses related to training seminars, conferences and lunch or dinner meetings for various governmental associations, for Town/Village employees only.
A. 
Food expenses. Food expenses will be reimbursed upon the presentation of a receipt. There is currently no limit if a receipt is presented, but there will be no reimbursement without a receipt.
B. 
Lodging expenses. The expense for hotel accommodations, for the Town/Village employee only, for as long as the approved function is in session, may be reimbursed upon presentation of a receipt.
C. 
Travel expenses. Allowable travel expenses include:
(1) 
Mileage: per current IRS allowance.
(2) 
Tolls, with receipt.
We accept responsibility for providing you with a safe working environment, and we expect you to take responsibility for performing your work in accordance with our safety standards and practices. Safety will only be achieved through teamwork. We must all participate in promoting safety and taking every reasonable measure to assure safe working conditions exist throughout the Town/Village.
A. 
Everyone is responsible for safety. When you notice an unsafe condition, notify your supervisor. Immediate action will be taken to correct the situation.
B. 
Accidents. Report any injury received at work to your supervisor immediately, even if it appears minor, and explain how the injury occurred.
C. 
Employee responsibilities. An unsafe worker is a danger to the worker and fellow employees. Attention to all safety procedures is essential, not only to prevent injury, which is paramount, but also to protect property and the tremendous investment that it represents. Each employee is responsible for safety. To accomplish this, you should:
(1) 
Know and apply safety measures at all times.
(2) 
Know the locations, contents and use of first aid and fire-fighting equipment.
(3) 
Understand your job fully.
(4) 
Seek guidance from your supervisor when unfamiliar conditions are encountered.
(5) 
Report any accident or near accident to your supervisor promptly.
(6) 
Cooperate in the application of improved work measures.
D. 
Safety violations. Violation of a safety measure is an unsafe act. A violation will be grounds for disciplinary action, the extent of which will be determined by the nature of the violation.
The use and maintenance of Town/Village equipment and facilities should be done in accordance with the following provisions.
A. 
Service of vehicles at Highway Department facilities. Only authorized Town/Village vehicles may be serviced or worked on in the Highway Department's facilities during the normal work day. Work on personal vehicles in these facilities is permitted only with the express permission of the Superintendent of Public Works, and only after normal working hours. In no instance may an employee use Town/Village-owned consumables such as oil, antifreeze, filters, etc.
B. 
Use of Town/Village vehicles. Certain employees are assigned Town/Village vehicles which, because of the nature of their job, they may take home. When required by Internal Revenue Service rules, an adjustment will be made to reported gross income to account for the value of commuting in the vehicle. Other employees are entrusted with Town/Village vehicles when they report for work. In either case, Town/Village vehicles are only to be used by employees while on Town/Village business. Care should be taken while driving these vehicles to maintain the highest safety standards and to avoid even the appearance of impropriety.
C. 
Town/Village equipment. Personal use of Town/Village equipment by employees can result in the equipment being lost or unavailable and is therefore discouraged. In no event will personal use of Town/Village equipment be allowed without Department Head approval. Personal use of Town/Village equipment is subject to the following requirements:
(1) 
Town/Village equipment must be signed out before use.
(2) 
Upon return, equipment must be inspected by the employee's Department Head.
(3) 
Equipment is for personal use only and is not intended for any other professional use.
The Town/Village of East Rochester, New York's computer network, equipment and resources are owned by the Town/Village and are provided primarily to support the administrative functions of the Town/Village. The use of this equipment and technologies is governed by federal, state and Town/Village law, policies and procedures.
A. 
Regulatory limitations.
(1) 
Accounts are for the exclusive use of the individual to which they were assigned, and users may not allow or facilitate access to Town/Village computer accounts, equipment or restricted files or systems by others. Employees of the Town/Village are authorized users unless access privileges have been revoked under Town/Village procedures.
(2) 
The Town/Village may examine, at any time without notice, personal electronic information stored on or passing over Town/Village equipment or networks, for the following purposes:
(a) 
To ensure the security and operating performance of its systems and networks.
(b) 
To enforce Town/Village policies or compliance with state or federal or Town/Village law where:
[1] 
There is a reasonable suspicion that a law or Town/Village policy has been violated and examination is appropriate to investigate the apparent violation; or
[2] 
Examination is necessary to comply with a state, federal or Town/Village law.
(3) 
Computer users should have no expectation of privacy in personal material sent, received or stored by them on or over the Town/Village computing systems or networks when the conditions of Subsection B(1) or both Subsection B(2)(a) and (b) above have been satisfied.
(4) 
For information related to Town/Village business, a supervisor or the Village Administrator may have access for any work-related purpose. No permission or approval is needed for such access. If personal and business information are not clearly separated, the Administrator or supervisor may examine all information to the extent needed to separate and access business information for work-related purposes.
(5) 
The Town/Village reserves the right to limit access when federal or state or Town/Village laws are violated or where Town/Village contractual obligations or Town/Village operations may be impeded.
(6) 
The Town/Village may authorize confidential passwords or other secure entry identification; however, users should have no expectation of privacy in the material sent or received by them over the Town/Village computing systems or networks. While general content review will not be undertaken, monitoring of this material may occur for the reasons specified above.
(7) 
All material prepared and utilized for purposes of Town/Village business and posted to or sent over Town/Village computing equipment, systems or networks must be accurate and must correctly identify the sender, unless the Village Administrator approves anonymity for a Town/Village business purpose.
(8) 
Any traffic on the Town/Village's networks, stripped of information content, may be monitored for operational or research purposes.
(9) 
All material prepared for purposes of Town/Village business and posted to or sent over Town/Village computing equipment, systems or networks must be limited to information needed for Town/Village business.
B. 
General use.
(1) 
Authorized users may access Town/Village computing equipment, systems and networks for personal use if the following conditions are met:
(a) 
The use is lawful under federal and state law.
(b) 
The use does not overload the Town/Village computing equipment or systems, or otherwise negatively impact the system's performance (i.e., streaming video and audio).
(c) 
The use does not violate any Town/Village licensing agreements or any law or Town/Village policy on copyright and trademark.
(d) 
The use does not state or imply Town/Village sponsorship or endorsement.
(e) 
The use does not violate laws or Town/Village policies against race, sex, religious, disability or age discrimination, or harassment.
(f) 
The use does not involve unauthorized passwords or identifying data that attempts to circumvent system security or in any way attempt to gain unauthorized access to any computer systems.
(g) 
The use does not involve sending or soliciting chain letters, nor does it involve sending unsolicited bulk mail messages [e.g., "junk mail", "spam" or "multi-level marketing" (i.e., a scam)].
(h) 
The use does not result in any direct cost to the Town/Village.
(2) 
All components of the Town/Village's network system (hardware, software and data) are owned by the Town/Village and no employee shall be able to claim ownership; i.e., any data stored anywhere on the network, whether business or personal, is owned by the Town/Village and may be viewed at any time by the Village Administrator or designee.
C. 
Violation of policy.
(1) 
Violators may be referred to the appropriate disciplinary procedure, and violations of law may also be referred for criminal or civil prosecution. Sanctions may include revocation of access privileges in addition to other sanctions available under the regular disciplinary policies.
(2) 
Apart from referrals to disciplinary procedures, the Town/Village system administrator, by authorization of the Village Administrator, may suspend a user's access privileges or suspend services to a computer, for as long as necessary to protect the Town/Village's computing resources, to prevent an ongoing threat of harm to persons or property or to prevent a threat of interference with normal Town/Village functions. This suspension will be for a one-week period, after which the user will be under a one-month probationary period and will be screened for further violations. If further violations are encountered, a decision will be made by the Village Administrator.
(a) 
The user will be sent written or electronic notice of the suspension and the reasons for it.
(b) 
Any inquiries regarding the suspension should be addressed to the Village Administrator.
(c) 
The suspension will only be lifted by order of the Village Administrator and not the system administrator.
The Town/Village approves the use of credit cards as a convenient way of procuring relatively inexpensive items. This policy ensures that these cards are used only for approved, actual and necessary expenditures by monitoring their use.
A. 
Issuance. Credit cards shall be issued only through the Clerk-Treasurer and shall be made available to the holders of following positions: Village Administrator, Superintendent of Public Works, Chief of Police, Mayor, Clerk-Treasurer. Additional positions may be added at the discretion of the Clerk-Treasurer with the approval of the Town/Village Board. Cards shall be issued in the names of specific individuals to help maintain accountability. The Clerk-Treasurer shall conduct a periodic analysis of individual credit card users. This should examine the continued need for the card, and the nature and type of purchases being made. The master credit card lists will be reviewed annually.
B. 
Use. The use of Town/Village-issued credit cards for personal expenses is expressly prohibited. Cards that allow cash advances or cash back from purchases shall not be issued. Reasonable credit limits for each purchase, transaction and/or for the total on the card shall be established by the Clerk-Treasurer. When a card is used for "emergency purposes," the user shall be required to clearly document the emergency that justified the need. Phone, fax and internet purchases must have the prior approval of the Clerk-Treasurer or Village Administrator.
C. 
Security of issued cards. Purchases will be reviewed monthly by the Clerk-Treasurer, and reconciliation of credit card bills will be made available to Town/Village Board members as part of its monthly audit. At least two different individuals of the Clerk-Treasurer's staff shall be involved in the approval, verification and payment of credit card claims. Under no circumstance shall the holder of the card be involved in this review. The Clerk-Treasurer shall have the authority to address inappropriate charges by deducting from an individual's pay an amount equal to those charges. Lost or stolen cards will be cancelled immediately. Cards held by those who leave employment will be cancelled as soon as is practical based on the judgment of the Clerk-Treasurer. Card holders must be prepared to prove that purchases were received.
D. 
Documentation. All receipts shall be itemized. No claim will be paid without appropriate documentation as determined by the Clerk-Treasurer. Credit card statements will be reconciled to the itemized receipts and invoices.