Town of Brentwood, MD
Prince George's County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Town Council of the Town of Brentwood 12-3-1984 by Ord. No. 84-B-3, (Ch. 20 of the 1986 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 86.
This chapter is adopted for the purpose of establishing a merit system for the Town of Brentwood which sets forth the proposed personnel policy and procedures governing all employees in the Town of Brentwood.
These rules shall be applicable to all persons employed full- and part-time in the service of the Town of Brentwood.
The policy of the Town of Brentwood is to guarantee equal opportunity to all qualified applicants and to all employees, with respect to initial appointment, advancement and general working conditions, without regard to age, race, creed, color, sex, national origin, religious or political affiliation or handicaps.
A. 
The Town Administrator shall, whenever practical, post an announcement of any vacancy for all municipal positions in the Town Office and in such other places as are deemed necessary. He may also notify the State Office of Employment Services of the vacancy and advertise in a newspaper of general circulation within the Town.
B. 
Announcements shall specify the position, title, salary range of the position, nature of the work to be performed, desired qualifications of applicants, closing date for receiving applications and other information as required.
C. 
Applications shall be on forms provided by the Town of Brentwood, but resumes will be acceptable.
A. 
Merit examinations. All appointments to positions in the service of the Town of Brentwood shall be made according to merit and fitness, to be ascertained as near as possible by open competitive examinations, which may be written, oral, physical, performance or any combination of these. Education, experience, aptitude, knowledge, character and physical fitness shall be considered, with weight assigned to each factor as may be deemed proper by the Town Administrator or representative(s) he may authorize.
B. 
Certification and notice. All applicants shall be notified of the results of written examinations generally by mail as soon as possible following the close of the examination. Whenever possible, appointments shall be made from the top three applicants.
A. 
Types of appointments. The following types of appointments may be made to the Town service in conformance with the rules established: permanent, intern, part-time, limited-term and seasonal.
(1) 
Permanent employees. A permanent employee works full-time. The permanent employee is subject to all rules and regulations and receives all benefits and rights as provided by the personnel rules and regulations.
(2) 
Intern appointments. Intern appointments afford students of public administration or other professional areas an opportunity to gain actual work experience. These appointments are for a period of time not to exceed 12 months.
(3) 
Part-time employees. Part-time employees are employees who work less than the normal workweek but on a regular basis. Part-time employees shall be subject to all rules and regulations and receive annual leave benefits on a pro-rata basis. Said part-time employees shall not be entitled to any sick leave benefits and are not eligible for participation in any health insurance programs offered by the Town.
(4) 
Limited-term appointments. Limited-term appointments are made when a special project requires the addition of employees for a special time or to fill a position of an employee on a leave of absence. Such employees shall be subject to all rules and regulations and receive all benefits and rights as provided by the personnel rules and regulations during their term of employment.
(5) 
Seasonal employees are employees who are hired for a specific project of short duration and who are not eligible for benefits under these personnel rules and regulations.
B. 
Probationary period.
[Amended 10-15-1990; 5-16-1994]
(1) 
For securing the most effective adjustment of the new employee and determining that an employee's work meets the required standards of the department, all appointments shall be made for a probationary period of at least 180 days. After 60 days, 120 days and 180 days, the department head shall submit an evaluation report to the Town Administrator, carefully reviewing the work of the new employee.
(2) 
During the probationary period, the Town Administrator, upon written recommendation by the department head, may suspend an employee who is unwilling to perform the duties of the position satisfactorily. The Town Administrator, with the Mayor's approval, may dismiss a probationary employee who is unable or unwilling to perform the duties of the position satisfactorily or whose habits and dependability do not merit continuance in the service. The probationary employee so dismissed shall have no right to appeal as is provided in § 189-12 hereunder.
(3) 
At the next regularly scheduled meeting of the Mayor and Council following the submission to the Town Administrator of the one-hundred-eighty-day evaluation, the Mayor and Council shall consider the employment status of the probationary employee. The Mayor and Council shall review the evaluations and may hear from the Town Administrator and/or the employee. The Mayor and Council may:
(a) 
Appoint the employee as a permanent, intern, part-time, limited-term or seasonal employee, as appropriate;
(b) 
Extend the period of probation for an additional three-month term; or
(c) 
Dismiss the employee.
A. 
Vacancies in positions above the lowest rank in any category shall be filled by merit. Promotions in every case must involve a definite increase in duties and responsibilities and shall not be made merely for the purpose of effecting an increase in compensation.
B. 
Promotional trial period. To secure the most effective adjustment of the employee and to determine that an employee's work meets the standards required of the new position, all promotions shall be made for a trial period of six months.
C. 
If, at the completion of the trial period, the promotee does not demonstrate the competence required to carry out the responsibilities of the position, the Town Administrator may reduce the promotee to the promotee's former position and pay.
An employee who resigns with a good record may be rehired if a vacancy exists, to the same position from which resigned, within one year of the date of resignation. Request for approval of the action must be submitted to the Mayor and Town Council giving name, title, salary, date of separation, date of proposed reinstatement and cause of vacancy which the reinstatement will fill. Reinstatement to a higher salary is not permitted.
An employee may be demoted to a lower position for any of the following reasons:
A. 
When an employee would otherwise be laid off because a position is being abolished, lack of work or lack of funds.
B. 
When an employee does not possess the necessary qualifications to render satisfactory service in the position held or when removed during probation.
C. 
When an employee voluntarily requests such demotion. All demotions must receive the approval of the Town Administrator, and if the employee is demoted unwillingly, an appeal may be filed under § 189-12 of this chapter. The employee shall also receive notice of the appeal procedure provided under these personnel rules and regulations.
A. 
An employee may be dismissed whenever, in the judgment of the Town Administrator, the employee's work or conduct so warrants. Reasons for dismissal may include but shall not be limited to:
(1) 
Under the influence of intoxicating beverages or drugs.
(2) 
Dishonesty.
(3) 
Drunkenness.
(4) 
Recklessness on the job.
(5) 
Theft.
(6) 
Inefficiency.
(7) 
Habitual tardiness.
(8) 
Misconduct.
(9) 
Unprofessional attitude which adversely influences or affects other employees or the conduct of Town business.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(10) 
Conviction for felony.
(11) 
Failure to obey a reasonable order, either verbal or written.
(12) 
The use of abusive language toward a superior, elected official or the general public.
(13) 
Fraudulently obtaining any form of leave.
(14) 
Failure to settle just debts.
(15) 
Accepting a gift or gratuity greater than $25 in value for the performance of official duties.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(16) 
The use of Town vehicles for private use.
B. 
The Town Administrator, with the Mayor's approval, may discharge an employee from the service of the municipality for any of the above-stated reasons. The employee shall be given written notice of the reasons for discharge and of the appeal procedure under § 189-12 of this chapter.
A. 
Whenever an employee's performance, attitude, work habits or personal conduct at any time falls below a desirable level, the Town Administrator shall inform the employee promptly and specifically of such lapses and give counsel and assistance. If appropriate and justified, a reasonable period of time for improvement may be allowed before initiating disciplinary action.
B. 
Reprimand. In situations where an oral warning has not resulted in expected improvement, a written reprimand shall be sent to the employee, and a copy shall be placed in the employee's personnel folder.
C. 
Suspension.
(1) 
An employee may be suspended without pay by the Town Administrator for reasons of misconduct, negligence, inefficiency, insubordination, unauthorized absence, unauthorized use of a Town vehicle or other justifiable reasons when alternate personnel actions are not appropriate.
(2) 
If an employee is suspended, a notice shall be sent informing the employee of the appeal procedure provided under § 189-12 of this chapter.
A. 
Appeals from position, pay, dismissal, demotion and suspension shall be made by an employee by applying in writing within three working days from the date of such action to the Town Administrator. The Town Administrator shall hold a private hearing within three working days after such request for an appeal has been made by an employee. The hearing will be closed, with the employee and the department head present. The employee may be represented by counsel at his own expense. If the employee is represented by counsel, then the Town may have counsel present. The Town Administrator shall render a decision in writing within three working days after the hearing.
B. 
If the employee wishes to appeal the decision of the Town Administrator, it shall be so transmitted in writing, within three working days of the decision, to the Mayor and Town Council. The Town Council shall consider the appeal within five working days and submit its decision, which action shall be final.
A. 
Attendance. No employee of the Town of Brentwood shall be absent from duty without permission. Any absence of an employee from duty, including the absence for a single day or part of a day, which is not authorized under the provisions of these rules, shall be reported to the Town Administrator for action. Any such absence may be cause for disciplinary action. Any employee who absents himself without authorization shall forfeit all compensation for the period of such absence.
B. 
Political activity. Any employee may take part in political movement or actively support candidates for office as an individual citizen, except in the Town of Brentwood elections. In Town elections, he shall not take part in any political movement nor actively support any candidate in any manner other than by casting his own ballot.
C. 
Gifts and gratuities. No officer or employee of the Town shall solicit or accept for himself or his family favors, benefits, gifts or gratuities in violation of the Code of Ethics.[1]
[1]
Editor's Note: See Ch. 86, Ethics, Code of. Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Outside employment. Employees shall advise the Mayor and Town Council through the Town Administrator of outside employment. Such employment shall not be inconsistent with his/her duties and must be approved by the Mayor and Town Council.
E. 
Training. Both the Town and its employees profit from the provision of educational training opportunities at reasonable expense to the Town. Accordingly, the Town Administrator is authorized to reimburse employees for tuition fees and required textbooks upon satisfactory completion, with a grade of C or better, of a course directly related to his/her official duties, provided that prior approval is granted by the Mayor and Town Council to take the course.
A. 
Regular workday. For full-time employees, a workday is any eight-hour period, excluding mealtimes.
B. 
Regular workweek.
(1) 
A full-time employee shall be an employee of the Town of Brentwood who works a minimum of 40 hours per week.
(2) 
A part-time employee shall be an employee who is scheduled for less than the regular workweek and being utilized by the department on an as-needed basis and paid at a stipulated hourly rate.
(3) 
Paid holidays shall be counted as part of the regular workweek in computing an employee's compensation.
A. 
Town Administrator. The basic workweek for the Town Administrator shall be those hours necessary to carry out his/her respective responsibilities.
B. 
Office staff. Working hours for the office staff shall be from 9:00 a.m. to 5:00 p.m.
C. 
Maintenance employees. Working hours for all Town maintenance employees shall be from 7:30 a.m. to 4:00 p.m.
D. 
All other employees. Working hours for all other employees shall be those hours set by the Town Administrator for an eight-hour day, 40 hours per week.
E. 
Time allowed for meals shall not be considered part of the normal workweek. The supervisor, at his discretion, may authorize one fifteen-minute break in the morning and one fifteen-minute break in the afternoon during the normal working day.
A. 
Full-time maintenance employees shall be authorized cash payment for overtime work.
B. 
Contract workers and office personnel shall not be eligible for actual compensation for work performed beyond their normal responsibilities but may be granted compensatory leave. The rules regarding compensatory leave are as follows:
[Amended 11-21-2005 by Ord. No. 2005-3]
(1) 
Compensatory leave shall be earned in straight time and shall be earned in one-hour increments. Therefore, if a worker works an hour beyond his or her regular responsibilities, he or she shall be granted an hour of compensatory leave.
(2) 
Compensatory leave must be used within 60 days of accrual.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 4-21-1986; 11-5-1990]
A. 
Holiday leave is paid leave for full-time employees on the following days designated as official holidays:
New Year's Day
Dr. Martin Luther King Jr.'s Birthday
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Christmas Day
B. 
All legal holidays observed by the Town of Brentwood will be observed on the same dates as observed by the Federal Government.
[Amended 3-18-1991]
A. 
The telephone is paid for by the Town of Brentwood and is to be used for business purposes only. Personal calls should be made during lunch or during the fifteen-minute break periods. Personal calls should be kept to a minimum. Employees who make toll calls for personal reasons will be required to reimburse the Town for such calls.
B. 
A phone log shall be kept by each department and turned in to the Clerk at the end of each month.
A. 
All Town-owned equipment shall be used properly and with good judgment and care.
B. 
Town-owned vehicles shall be maintained in a clean and orderly condition.
C. 
All Town-owned vehicles shall be assigned a driver, and it shall be the responsibility of that driver to perform maintenance on that vehicle on a daily basis.
D. 
All Town-owned vehicles shall be washed once a week.
E. 
A gas log on each vehicle shall be kept by the superintendent.
F. 
Any defective part or condition observed should be corrected as soon as possible, if minor, or reported to the supervisor.
G. 
The Town of Brentwood will not be responsible for fines incurred by an employee while driving a Town vehicle.
H. 
Negligent and repeated misuse of tools and equipment is cause for disciplinary action.
All personal injury accidents, regardless of the extent or circumstances, incurred while on the job must be reported to the supervisor within 24 hours. In the event of personal injury, it is the duty of the supervisor or other person in charge to cause the injured person to be examined by a doctor if the injury so warrants it.
A. 
All maintenance employees shall wear safety vests while performing work on Town roads, picking up trash, etc.
B. 
Employees are asked to exercise good judgment and caution in their work. No job is so important that time cannot be taken to perform it safely.
C. 
An employee shall think about the job he/she is doing. Employees shall be aware of hazards.
D. 
Employees shall be provided with proper safety equipment and shall understand the equipment before using it.
E. 
Employees shall observe safety rules where they exist. If none exist, employees shall use common sense.
F. 
It is the responsibility of each employee to perform his/her job safely.
A. 
Annual leave. Employees and contract workers shall be granted one day annual leave, with pay, per month, starting from the first full day of employment. The rules regarding annual leave are as follows:
[Amended 11-21-2005 by Ord. No. 2005-4]
(1) 
No employee shall be eligible to take annual leave until he has completed his ninety-day probationary period, although said leave shall be accumulated during the probationary period.
(2) 
Any employee wishing to take annual leave must request it from his supervisor at least one day in advance and preferably one week in advance. Emergency annual leave may be requested by telephone and approved by the supervisor.
(3) 
Each employee shall be allowed to carry five days' annual leave over into the following year.
(4) 
Leave shall be accredited to the employee on the last day of each month, and no leave will be granted until earned.
(5) 
Upon leaving Town service, each employee shall be able to be paid for unused annual leave.
(6) 
Leave shall be used in not less than four-hour increments.
(7) 
A supervisor must show cause for refusal of any leave request.
(8) 
Full-time employees or full-time contract workers who work less than full time shall accrue annual leave on a pro-rated basis commensurate with the time actually worked.
[Amended 11-21-2005 by Ord. No. 2005-4]
B. 
Maternity leave. Maternity leave is not considered sick leave because it is a physical condition under the control of an employee. During her period of pregnancy, an employee may use sick leave, if accrued, for brief periods of illness, up to a maximum of 15 days for the period of pregnancy. When pregnancy has progressed to a stage which interferes with the employee's ability to work efficiently, she shall be placed on maternity leave for the balance of her pregnancy and for a period not to exceed three months from the date pregnancy is terminated. No payment will be made for maternity leave.
C. 
Military leave. Any employee who is a member of any military reserve or National Guard unit and is required to engage in training exercises will be granted military leave not to exceed 15 days per year. Military leave will not be deducted from any other leave earned by the employee. No payment will be made by the Town for military leave.
D. 
Jury leave. Any employee called upon for jury duty will be granted jury leave. Jury leave will not be deducted from any other leave earned by the employee.
E. 
Sick leave. Full-time employees and full-time contract workers shall be entitled to 1 1/4 days of sick leave for personal illness per month.
[Amended 11-21-2005 by Ord. No. 2005-4]
(1) 
The accumulation of days of sick leave shall not exceed 200 days.
(2) 
The accumulation of sick leave shall be effective January 1, 1968, and sick leave accumulated as of that date shall be carried forward.
(3) 
Sick leave shall be accredited at the end of each month.
(4) 
No sick leave shall be taken until earned.
(5) 
Sick leave shall begin at the time of employment.
(6) 
Sick leave can be used on an hourly basis.
(7) 
A doctor's certificate shall be required before returning to work after an employee has been on sick leave more than three working days.
(8) 
A doctor's certificate may be required any time the supervisor feels sick leave is being abused.
(9) 
A request for sick leave must be made to the supervisor prior to the employee's regular starting time.
(10) 
Disciplinary action can be taken against employees abusing the sick leave policy.
(11) 
Upon retirement after 15 years of service with the Town of Brentwood, an employee shall receive payment for 1/5 of his/her unused sick leave. A person retiring on disability would be eligible for such payment after five years of service with the Town of Brentwood. An employee would be eligible to receive such reimbursement only once during his period of employment with the Town of Brentwood. This payment would be based upon the salary of the final year of employment.
(12) 
Full-time employees or contact workers who work less than full time shall accrue sick leave on a pro-rated basis commensurate with the time actually worked.
[Added 11-21-2005 by Ord. No. 2005-4]
F. 
Family leave. The Family and Medical Leave Act (FMLA) is a federal law applicable to state employees covered by the State Personnel Management System. It provides for up to 12 weeks of unpaid leave during any twelve-month period for the following:[1]
(1) 
For the birth and care of the newborn child of an employee;
(2) 
For placement with an employee of a son or daughter for adoption or foster care;
(3) 
To care for an immediate family member (spouse, child or parent) with a serious health condition; or
(4) 
To take medical leave when the employee is unable to work because of a serious health condition.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
Death leave.
(1) 
On the death of a child, parent or legal guardian, parent-in-law, brother, sister, husband or wife, such employee shall be allowed three consecutive calendar days of absence from work without loss of salary. One of the three days must be the day of the funeral or interment.
(2) 
The employee will be required to submit to his immediate supervisor a written statement specifying the date of the funeral.
(3) 
Any exceptions to the above may be made by applying to the Town Administrator, whose decision shall be final.
H. 
Leave of absence without pay. The Town Administrator may grant requests for leave of absence without pay for periods not to exceed two months when such leave is for a valid purpose and when reinstatement of the employee is in the best interest of the Town. Leave of absence without pay will start after the employee has exhausted all annual leave.
I. 
Official leave. The Town Administrator may grant official leave with pay to employees attending professional meetings, technical conferences, short-term courses in matters related to official duties and for other valid purposes. Official leave will not be deducted from any other leave earned by the employee.
J. 
Workers' compensation leave. Any employee absent from duty due to an accidental injury having arisen out of and in the course of employment and which qualifies the employee for workers' compensation benefits shall be granted workers' compensation leave during the period of disability, not to exceed 20 duty days. Any employee who receives benefits under the Workers' Compensation Act shall pay over to the Town any temporary total disability benefits received from the Town's insurance carrier attributable to the time period in which the employee receives or has received workers' compensation leave from the Town. The Town Administrator may require sufficient documentation of disability from the employee's physician during this period of time. If the Town Administrator determines that the employee's injury is not a compensable one under the workers' compensation laws of Maryland, the employee may not be granted workers' compensation leave, but may use any sick leave or annual leave available to him or her. In the event that the injury is ultimately determined to be compensable, the employee may elect to utilize workers' compensation leave, and any sick leave or annual leave taken by the employee during the twenty-day period described herein shall be credited back to the employee, and the leave time shall be treated as workers' compensation leave, upon payment to the Town of the employee's temporary total disability benefits received for the applicable time period. Annual leave and sick leave will continue to accrue while the employee is absent due to a compensable workers' compensation injury.
[Added 7-6-1992]
The Classification Plan provides an inventory of all positions in the Town service and a description of each position. The Classification Plan is on file at the Town Clerk's office.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Pay for part-time work. Whenever an employee works for a period of less than the regularly established number of hours per week, the amount of pay shall be apportioned to the time actually employed.
B. 
Method of payment. An hourly employee shall be paid for the actual number of hours worked during each pay period. Salaried employees shall be paid an annual rate divided by the number of pay periods per year. When absent on authorized sick or annual leave, each employee shall be paid at the regular rate. An employee who leaves service shall be paid for all unused annual leave.
[Amended 12-16-1991]
C. 
Temporary rates. An employee who is hired on a seasonal or limited-term basis shall be paid at the minimum rate for that position.
A. 
Use of privately owned vehicle. The current standard mileage rate established by the Internal Revenue Service will be paid for the use of privately owned vehicles used by full-time employees on official business for the Town of Brentwood. Authorization for the use of a privately owned vehicle must be made by the Town Administrator.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Payment shall be made upon the submission of mileage records approved by the Town Administrator.
A. 
The performance of each employee shall be regularly evaluated by the department head. The performance of each employee may also be evaluated by the Town Administrator and/or Mayor.
B. 
Preparation of report. Prior to the preparation of the report, in writing, the department head shall discuss with the employee his rating, going over in detail each item on which a rating is given. Each employee shall be given a copy of his/her performance evaluation report after its preparation.
C. 
Frequency of reports. Reports shall be submitted at least twice each year for employees, but special reports may be submitted by the department head any time there is evidence that performance has changed significantly. During the probationary period, the department head shall rate the employee more frequently than the minimum requirement.
D. 
Uses of performance evaluation reports. Performance evaluation reports shall become part of the official employee records (personnel folder) and will be used in connection with pay increase, promotion, layoff, demotion or removal.
E. 
Confidentiality. Performance ratings shall be confidential. Employee salary increases shall be judged on merit and not by across-the-board budget items.
Employees are urged to make any suggestions with regard to working conditions, pay, fringe benefits and any other matter which relates to their employment by the Town. These suggestions should be in writing and addressed to the Town Administrator.
As employees of the Town of Brentwood, all employees represent the Town government to the public and share the responsibilities for building good public relations. By performing efficiently and accurately in his/her daily work, an employee contributes to the Town's success. By exercising courtesy and alertness in all direct dealings with the public, an employee influences the Town's prestige and upholds its goal of continued service to the community.