[Ord. 1206, passed 11-23-1998]
This article shall be known as and may be referred to as the Personnel Code.
[Ord. 1206, passed 11-23-1998]
As required by the Home Rule Charter, the purpose of this Code is to provide the Town administration with guidelines for handling personnel matters and to provide each employee with the essential conditions of his/her appointment.
Uniformed police officers are covered by the Police Policy and Procedure Manual and Personnel Code.
This Code also creates a Personnel Policies and Procedures Manual.
In the event this Code conflicts with any law, applicable administrative requirement, collective bargaining agreement, arbitration award, or other term or condition of employment, such modification, insofar as required by law, shall modify this Code to the extent required. The use of male or female personal pronouns shall include persons of the other sex unless the context clearly intends otherwise.
[Ord. 1206, passed 11-23-1998]
The Home Rule Charter established the Town Manager as the Town's chief executive and administrative officer; he has the responsibility for administering this Code.
The Manager shall develop a Personnel Policies and Procedures Manual and make necessary amendments thereto.
The Personnel Policies and Procedures Manual shall implement this Code, and may contain guidelines and policies on matters not directly covered by this Code, and further clarify its operation.
The Manager may overrule any decisions made by subordinates.
[Ord. 1206, passed 11-23-1998]
All employees share a common responsibility of providing courteous and efficient service in the public interest. Public employees are obliged to discharge their duties faithfully regardless of personal considerations and shall abide by the provisions of this Code and the Personnel Policies and Procedures Manual.
[Ord. 1206, passed 11-23-1998]
Town employees are considered regular, part-time or temporary:
(a) 
Regular employees are those who work full-time on a regular basis;
(b) 
Part-time employees are those who work less than full-time on a regular schedule, such as school guards;
(c) 
Temporary employees are those hired to work for a certain or definite period of time or for the duration of a need, such as summer help and recreation aides.
[Ord. 1206, passed 11-23-1998; amended 2-27-2023 by Ord. No. 1533]
No employee shall be a candidate for nomination or election to any public office in the Town or any political party office in the Town unless he/she shall have first obtained an approved leave of absence from employment. If elected, the employee shall resign from employment immediately upon election to any public office. Employees shall be permitted to hold an appointed position on any board, commission or committee of any local, county, state or federal public entity outside of the Town upon written approval by the Town Manager and subject to the Town Code of Ethics, as amended, and as initially set forth in Resolution 15 of 2020. For purposes of this section, the term "public office" shall mean any Town, local, county, state or federal office for which electors in the Town of McCandless are eligible to cast a vote.
[Ord. 1206, passed 11-23-1998]
Any employee violating the letter or spirit of this Code, or the Policies and Procedures Manual, may invite disciplinary action thereby. Any disciplinary action taken shall be job related and where possible shall be utilized in an attempt to rehabilitate or change the behavior of an employee.
[Ord. 1206, passed 11-23-1998]
The Manager shall develop procedures for interviewing prospective employees.
[Ord. 1206, passed 11-23-1998]
An applicant for a position must meet the standards of the established job description and qualifications. The Manager shall describe and rate all positions, including part-time and temporary positions.
[Ord. 1206, passed 11-23-1998]
Any applicant selected for a full-time position shall undergo a medical and physical examination by a physician selected and paid for by the Town to determine the applicant's physical and medical capacity to fill the position.
[Ord. 1206, passed 11-23-1998]
No person shall be hired or transferred to work with or under the direct supervision of a blood relative or a relative by law.
[Ord. 1206, passed 11-23-1998]
The Manager is the hiring authority for all positions except uniformed police. Unformed police are hired by Town Council.
[Ord. 1206, passed 11-23-1998]
The basic work week shall be set by the department head in conjunction with the Manager.
This shall not be construed as a guarantee of hours of work each day, week, month or year.
Employees shall work the hours scheduled by the department head and the Manager.
[Ord. 1206, passed 11-23-1998]
The overtime rate is the employee's normal hourly rate plus 1/2 for all hours worked (not paid for) in excess of any statutory requirement.
Absent approval of the department head and the Manager, part-time or temporary employees shall not receive overtime pay unless more than 40 hours in a work week is worked.
[Ord. 1206, passed 11-23-1998]
The job description (for those positions for which a job description is available) shall be a written description containing a title, statement of typical duties and responsibilities, and the minimum or desirable qualifications for employees to assure satisfactory performance.
The description, and the job rating for salary/wage purposes, shall be amended by the Manager when circumstances require.
[Ord. 1206, passed 11-23-1998]
Evaluation instruments shall be developed by the Manager. The Manager shall also determine how, when and in what manner employees shall be evaluated.
[Ord. 1206, passed 11-23-1998]
(a) 
An employee who is transferred to another position which has the same pay scale shall have his/her pay remain the same as before the transfer.
An employee promoted to a higher position shall have his/her pay adjusted.
An employee who is demoted or transferred to a lower position shall receive a lower rate of pay.
(b) 
Any employee who temporarily serves in a position with a higher pay scale shall receive at least the rate of the lowest step in the higher position while serving.
[Ord. 1206, passed 11-23-1998]
The Town shall provide uniforms under the terms and conditions set by the Manager.
[Ord. 1206, passed 11-23-1998]
Regular full-time and regular part-time persons who fill non-policy making positions may utilize the following procedure:
(a) 
These employees may file grievances limited to working conditions. During this grievance procedure the grievant shall continue to work under the direction of his/her supervisor.
(b) 
When the grievance procedure is to be invoked and no Grievance Committee has been selected, one shall be named at that time. The Grievance Committee shall consist of three employees of the department involved. One member shall be named chairperson. Any employee having a grievance shall discuss the grievance with his/her immediate supervisor. If the grievance is not resolved, he/she may present his/her grievance in writing to the Grievance Committee. If the Committee finds merit in the grievance, it shall proceed to the next step. The written grievance shall be given to the Manager within 10 days from the occurrence of the grievance. The Manager shall meet within seven working days thereafter with the department head, chairperson of the Grievance Committee and the aggrieved employee.
(c) 
If the matter is not resolved, the written grievance may be given to the Personnel Board within 10 working days from the Manager's decision, and be considered in a meeting within 30 working days thereafter. Within seven working days thereafter, a recommendation shall be made by the Personnel Board to Council which shall make a final decision promptly thereafter.
(d) 
Extensions of time shall be only by mutual consent.
(e) 
The Town shall not be obligated to pay any employee for the time spent in processing grievances or grievance meetings.
[Ord. 1206, passed 11-23-1998]
An employee who does not give the Town two weeks' notice of his/her resignation shall receive no benefits which may otherwise then be due.
An employee who is discharged for cause by the Town shall be paid full wages and benefits due to the date of discharge.
The return of appropriate pension contributions to an employee shall be determined by the Manager.
[Ord. 1206, passed 11-23-1998]
The Town provides retirement arrangements for those persons who have given it long and faithful service. These benefits are based upon pension documents in the possession of the Manager.
[Ord. 1206, passed 11-23-1998]
(a) 
Full-time employees. The Policies and Procedures Manual shall set forth benefits such as vacation, holiday pay, sick leave, and other leaves granted employees. The Manager is authorized to amend such benefits in his reasonable discretion with the approval of Council.
(b) 
Part-time and temporary employees. Employees who work less than a full-time schedule or who are temporary employees are entitled to no leaves or other benefits unless prescribed by law.
(c) 
Other benefits. The Manager shall, in the Town's Personnel Policies and Procedures Manual, set out other benefits, such as health insurance, which are available to employees, as well as the contribution the Town shall make toward the cost of these benefits.
[Ord. 1206, passed 11-23-1998]
No Discrimination - The Town does not discriminate based upon the race, sex, national origin, physical abilities and disabilities, religion, or politics of its employees. The Manager is instructed and authorized to create and implement policies and procedures which make sure that no discrimination of the type or kind set forth herein does occur, and to create and implement effective affirmative action policies.
[Ord. 1206, passed 11-23-1998]
The Town maintains a working environment free from all sexual harassment. Sexual harassment is any unwelcome sexual advance, request for sexual favors, and other verbal, visual, or physical conduct of a sexual nature. Any such harassment is prohibited and shall be the subject of disciplinary action by the Town.
The Manager shall create a policy which allows an employee who believes he/she has been sexually harassed to bring the matter to the attention of the Town and to take appropriate action thereafter.
[Ord. 1206, passed 11-23-1998]
The Town shall provide a drug free workplace, free of drugs and free of those individuals who use drugs.
The Manager shall create a drug free policy which prohibits the use of drugs or other controlled substances in the workplace, which shall meet all provisions of state, federal or other law, requirement or condition and inform employees promptly of the policy.
[Ord. 1206, passed 11-23-1998]
The provisions of this Code may be modified by a collective bargaining agreement, arbitration award, or other term or condition of employment. Any such modification, insofar as required by law, shall govern.
[Ord. 1206, passed 11-23-1998]
Employees of the Town are employees at will unless otherwise expressly employed. Employees may be terminated with or without cause, or notice, at any time. No person, other than the Manager, and then only with the written approval of a majority of Council, has any authority to enter into any agreement for employment for any specified period of time, or to make any agreement contrary to this section.
The Manager shall develop procedures to indicate when a person is not an employee at will, which shall, at a minimum require (1) the express statement that the employment is an "enforceable employment agreement" and (2) is expressly approved in writing by Council.