[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]
Each applicant must complete the Town's application form as
developed by the Manager.
[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]
Employees are paid every two weeks.
[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]
Employees shall be reimbursed for travel and other expenses
incurred on behalf of the Town and authorized 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.
[Ord. 1206, passed 11-23-1998]
This Code may be amended or modified at any time.
