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.
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.
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.
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.