Any absence of three or more days without a
call-in by any Town employee may be deemed and held to be a resignation
by such member and accepted as such by the Town.
A.
Use and operation of Town equipment, tools and supplies.
Town equipment, materials, tools and supplies shall not be available
for personal use nor be removed from Town property except in the conduct
of official Town business.
B.
Use and operation of Town-owned motor vehicles.
(1)
Town-owned motor vehicles shall be used for official
Town business only.
(2)
Town vehicles shall not be taken home overnight except
as follows:
(a)
Employees may take a Town-owned vehicle home
for one night when attendance to an out-of-Town meeting takes place
late at night after normal working hours or early in the morning prior
to normal working hours.
(b)
The employees designated by the Town Manager
to be "on twenty-four-hour call" for department/division emergencies.
(c)
For more than one night when specifically authorized
by the Town Manager.
(3)
Town vehicles must be available for the Town business
at all times.
(5)
Transporting family members in Town vehicles shall
be allowed only when the family member is accompanying a Town employee
to a business meeting or official function.
(6)
Town vehicles shall be legally and appropriately operated
and/or parked at all times. Violations issued to the driver of the
vehicle will be the responsibility of the driver not the Town.
(7)
Seat belts will be used by the driver and all passengers
at all times when the vehicle is in motion. It shall be the driver's
responsibility to ensure the use of seat belts by all passengers.
(8)
Town-owned motor vehicles shall be kept in a clean
and presentable condition. Lack of care may result in disciplinary
procedures.
(9)
Department heads may establish supplemental department
vehicle policies as approved by the Town Manager. Supplemental policies
shall not conflict with any part of this policy. Such policies shall
be published as an update to this policy.
(10)
The Town may, at any time, check the driving record of a Town
employee who drives as part of his/her job duties to determine that
he/she maintains the necessary qualifications as a Town driver. Employees
agree that they will cooperate in giving the Town whatever authorization
is required for this purpose.
[Added 5-10-2017 by Ord.
No. 2017-03]
(11)
Notification of supervisor.
[Added 5-10-2017 by Ord.
No. 2017-03]
(a)
Employees who hold jobs that require the driving or operation
of Town vehicles or motorized equipment must notify their supervisor,
department head, or the Town Manager by the end of the department's
next working day when:
[1]
They have been arrested and charged with DWI, DUI, reckless
driving, or any other serious moving violation;
[2]
They have had their driver's license suspended, cancelled, or
revoked;
[3]
Their license expires without immediate renewal; or
[4]
An occupational driver's license or similar license has been
issued to them.
(b)
Reports shall be made in person or by phone conversation (not
a voicemail) with the appropriate supervisor. Failure to report such
information by the end of the next working day shall result in disciplinary
action up to and including termination, unless there are extenuating
circumstances. Supervisors shall promptly report such information
to the Town Manager.
(12)
Employees who are in jobs that require the driving or operation
of Town vehicles or motorized equipment who are convicted of a DWI
or DUI will be terminated, although the Town may also take disciplinary
action prior to conviction. Disciplinary action for conviction of
other serious moving violations will be determined on a case-by-case
basis and may result in termination of employment. Removal or suspension
of driving privileges and/or disciplinary action while waiting for
adjudication shall be determined by the Town Manager in consultation
with the department head on a case-by-case basis. The Town Manager's
determination as to removal or suspension of driving privileges shall
be final.
[Added 5-10-2017 by Ord.
No. 2017-03]
C.
Minimum qualification for the operation of Town-owned
vehicles and privately owned vehicles while conducting official business.
(1)
Employees are encouraged to use Town vehicles instead
of their own for official Town business whenever possible.
(2)
Personal vehicles may be used for official Town business
with the prior approval of the employee's department head/supervisor.
Employee's using their personal vehicles will be reimbursed at the
prevailing rate established by the Town Council after submittal of
the appropriate form to the Payroll Officer. No Town employee shall
be required to provide his or her own vehicle for conducting Town
business, unless no Town vehicle is available.
(3)
All employees whose duties require the operation of
a Town-owned motor vehicle or who operate a privately owned vehicle
while conducting official business as a part of their employment with
the Town must possess a valid driver's license and a safe driving
record.
(4)
Prior to acceptance for employment with the Town in
a position that would necessitate the operation of a motor vehicle
in the course of performing the assigned duties of that position,
an employee's motor vehicle operator's record may be requested from
the Department of Motor Vehicles by the Town Manager's Office. If
a Department of Motor Vehicles review indicates three or more moving
violations within three years of the date of review, the employee
may be denied authorization to operate a vehicle while representing
the Town. If the employment is incumbent upon the ability to operate
a vehicle, the prospective employee may be denied employment.
(5)
Employees operating Town-owned motor vehicles or privately
owned vehicles while conducting official business shall observe all
traffic laws, rules and regulations, and the dictates of common sense
and good judgment.
(6)
If, during the course of employment, an employee exhibits
a disregard for acceptable safe driving procedures, the responsible
department head or Town Manager may deny further authorization to
operate a vehicle while representing the Town.
(7)
Any employee who operates a privately owned vehicle
while conducting official business for the Town must maintain minimum
automobile liability insurance. Employees who do not maintain minimum
liability coverage will not operate privately owned vehicles in an
official capacity.
D.
Collision investigation involving Town employees and/or
vehicles. If, while operating a Town-owned vehicle or a privately
owned vehicle in the performance of official duties, an employee is
involved in an accident resulting in personal injury or property damage,
he or she shall:
(1)
Request that all parties and properties concerned
remain at the scene of the accident, if possible, until a law enforcement
representative has released them.
(2)
All collisions involving Town vehicles or persons
on duty and actively engaged in Town business will be investigated
by a police agency and promptly reported to the Town Manager.
(a)
If occurring outside the Town, the collision
will be investigated by the police agency having jurisdiction.
(b)
If occurring within the Town and involving property
damage or a minor (non-hospitalizing) injury, the collision will be
investigated by the Georgetown Police Department.
(c)
If occurring within the Town and the collision
results in a fatality or serious injury requiring immediate hospitalization
of any party, the accident will be investigated by an outside authority,
if possible. Selection of an outside authority will be handled by
the Police Department at the scene.
(3)
Employee responsibility is to refrain from making
statements regarding the accident with anyone other than the investigating
law enforcement representative, appropriate Town officials and representatives
of his or her own insurance company if the employee's privately owned
vehicle is involved. Statements made to investigating authorities
should be confined to factual observations.
(4)
An employee shall be responsible for immediately notifying
the appropriate department head of the accident. The department head
shall be responsible for ensuring that the Town Manager has been informed
of the accident.
(5)
A copy of all police reports and any statements attached
thereto will be forwarded to the Town Manager within one day. The
Town Manager will report such accidents to the Town insurance carrier,
if necessary.
A.
Representation. Town employees, in any criminal or
civil action against them arising from their official duties or from
acts which were within the scope of employment and were not performed
with wanton negligence or willful and malicious intent and do not
arise out of official misconduct, bribery, robbery, receiving unlawful
gratuities or other abuse of office or employment, shall be entitled
to have the Town Solicitor appointed to represent their interest in
the matter. Representation by the Town Solicitor shall represent the
person charged at all stages, trial and appellate, until final determination
of the matter.
B.
Indemnification.
(1)
In addition to the right of representation provided
in the preceding subsection of this section, Town employees who, but
for the application of any provisions of the Constitutions or Laws
of the United States or the State of Delaware to the contrary, would
be entitled to immunity in accordance with 10 Del. c. 84010 et seq.
shall be indemnified by the Town of Georgetown against any expenses,
including attorneys fees and disbursements, judgments, fines and costs,
actually and reasonably incurred by said person in defending against
the action, suit or proceeding giving rise thereto; provided, however,
if the person seeking indemnification chooses to retain his/her own
attorney rather than using the Town Solicitor, he/she shall be responsible
to bear all costs incurred thereby.
(2)
The right to indemnification shall automatically apply
upon the final determination of any court or administrative tribunal
of competent jurisdiction that no claim or cause of action existed,
or, but for the application of the Constitutions or Laws of either
the United States of the State of Delaware, that no such claim or
cause of action would have existed, or upon a verdict or ruling in
favor of the person. If a court or administrative tribunal shall determine
that no right to indemnification exists because the absence of any
of the elements of immunity, said determination shall be final and
binding at such time as any and all rights or appeals from the decision
giving rise to such determination shall have been exhausted. If for
whatever reason, including a settlement agreed upon by the parties,
the court or administrative tribunal having jurisdiction shall fail
or refuse to make the determination required by this subsection, then
the indemnification shall only be granted as to the person upon the
affirmative recommendation of a majority of members of the Council.
An employee who is suspended, discharged, retiring
or resigning shall be required to return to the Town all items of
equipment or uniforms owned by the Town. Such items must be returned
before issuance of the employee's final paycheck.
While on approved conference, training, and
business-related travel an employee shall be reimbursed for expenses
based on the Town of Georgetown's travel policy.
If any employee is involved in an accident involving a Town vehicle or property which results in negligent damage, the employee may be required to reimburse the cost of repair or replacement of the Town in full or part. Refer to § 29-46B.
Each person to whom employment with the Town is offered may be required to successfully complete a background check, and drug test at a Town-designated medical facility and at Town cost before an appointment to such employment becomes effective. For more information concerning the Town's substance abuse policy see § 29-52 of this article.
It is expected that all employees will maintain
an appropriate level of fitness for duty. All persons covered by this
policy should be aware that violations of the policy may result in
discipline, up to and including termination, or not being hired. The
guidelines and procedures for this policy are defined in the following
programs. All municipal employees are covered under this policy except
for police officers.
A.
Pre-employment substance screening.
(1)
A substance screening for excessive alcohol use, misuse
of prescription drugs or illicit drugs may be required as a condition
of employment for new hires.
(2)
A positive confirming second test, on the original
screening sample, will be the basis for disqualification of the applicant.
(3)
If either of the tests are negative the applicant
satisfies the substance level requirements.
(4)
An applicant whose test shows a positive result will
have 24 hours after receiving notification of the positive result
to provide a bona-fide verification of a current valid prescription,
which may have caused the positive result. The prescription must be
in the applicant's name.
B.
Prohibited conduct.
(1)
Employees are prohibited from doing the following:
(a)
Reporting to work under the influence of alcohol
or drugs.
(b)
Having the odor of alcohol or drugs on their
breath or having drugs or alcohol in their possession, while on duty.
(c)
Selling or providing drugs or alcohol to any
other employee or to any other person while such employee is on duty.
(d)
Having their ability to work impaired as a result
of alcohol or drugs.
(2)
Such actions will constitute violation of the established
personnel policy and are causes for disciplinary action.
C.
The appropriate law enforcement agency will be notified
of any sale, distribution or possession of any illegal substance by
an employee while on duty or during lunch and other breaks or at any
time while the employee is on a Town work site or Town working time.
D.
Confirmation of drug or alcohol use or abuse will
result in disciplinary action in accordance with the failure in the
personal conduct section of this manual.
E.
Two disciplinary actions relating to drug or alcohol
use may be cause for termination.
F.
While use of medically prescribed or some other legal
medications and drugs is not a violation of this policy, when such
drug use adversely affects job performance, the employee will be required
to use sick leave or take a leave of absence.
G.
Failing to notify an employee's supervisor before
beginning work, when taking medications or drugs which may interfere
with the safe and effective performance of duties by a Town employee,
may result in disciplinary action up to and including termination.
Such actions will constitute violation of the Town of Georgetown personnel
policy.
H.
Discipline for being under the influence of alcohol
or nonprescribed controlled substances during non-job-related activities
will be based on the employee's work history, previous disciplinary
actions and previous identification of substance use problems.
I.
When an employee's driver's license is suspended due to alcohol or drug use and driving is required by the employee's job description, the employee is subject to disciplinary action based on § 29-75 regarding personal conduct.
J.
Substance screening for current employees.
(1)
Alcohol and/or drug tests of existing employees will
be conducted randomly and when there is reasonable suspicion that
alcohol or substance abuse is involved in the workplace.
(2)
"Reasonable suspicion" shall be based on objective
and definitive facts sufficient to lead a reasonably prudent supervisor
to suspect that an employee is under the influence of drugs or alcohol
so that the employee's ability to perform the functions of the job
is impaired or so that the employee's ability to safely perform his/her
job is reduced.
(3)
All charges of reasonable suspicion must be confirmed
by a another supervisor or higher ranking supervisor.
(4)
The circumstances in which drug and/or alcohol testing
may be required due to a reasonable suspicion of alcohol or drug use
or abuse may include the following:
(a)
Observed alcohol or drug possession or use during
work hours (i.e., drug paraphernalia, remains of marijuana cigarettes,
plastic sandwich bags with nonfood residue inside).
(b)
Apparent physical state of intoxication or drug-induced
impairment of motor functions (i.e., red and watery eyes, dilated
pupils, drowsiness or sleeping, slurred speech, hand tremors, inability
to walk a straight line and alcohol on breath).
(c)
Incoherent or irrational physical altercation,
memory gaps, etc.
(d)
Marked changes in personal behavior or attitude
not attributable to other factors (i.e., sudden unexplained changes
in mood and personality, changes in disposition, changes in appearance,
including inattention to personal hygiene or frequently borrowing
money).
(e)
Deteriorating work performance or attendance
problems not attributable to other factors (i.e., excessive tardiness,
an above-average injury rate, regularly claiming sick benefits or
worker's compensation).
(f)
Employee involvement in an accident during working
hours in which a review of the circumstances of the accident or other
relevant facts lead to reasonable suspicion to believe that the employee
may be under the influence of alcohol or drugs.
(g)
Incriminating information from a reliable source
or other employee actions or conduct that leads to a suspicion to
believe that the employee is under the influence of alcohol or drugs,
suffering from substance abuse or is in violation of existing Town
rules concerning the use of such substances (i.e., reports by family
members or friends about the employee's alcohol or drug abuse, unexplained
secret meetings with other employees or others).
(5)
An employee whose test shows a positive result will
have 24 hours after receiving notification of the positive result
to provide a bona-fide verification of a current valid prescription
which may have caused one positive result. The prescription must be
in the employee's name.
(6)
Drug and alcohol use during off-hours will also violate
this policy when such usage impairs job performance, at which time,
an employee is subject to disciplinary action and application of the
rules regarding reasonable suspicion.
(7)
When there is reasonable suspicion of alcohol and/or
other drug use by an employee involved in serious or repetitive accidents
causing death, personal injury to self or others, and/or property
damage, alcohol and drug tests shall be administrated to employees
immediately following such work-related accidents. Confirmation of
such drug or alcohol use through documented reasonable suspicion and
a positive drug/alcohol screen test shall be cause for termination.
(8)
When reasonable suspicion has been adequately established,
an immediate disciplinary suspension may be issued.
(9)
When reasonable suspicion has been adequately established, refusal to submit immediately to an alcohol and/or drug analysis, when requested by management, will constitute insubordination which is in violation of § 29-82, pertaining to failure in personal conduct and is cause for disciplinary action.
K.
Testing procedures.
(1)
To ensure accuracy, employee's specimens must be given
as soon as possible after charges of drugs or alcohol use or abuse
have been made. These charges must follow the guidelines for establishing
reasonable suspicion.
(2)
In establishing reasonable suspicion, the supervisor
of an employee suspected of being impaired by alcohol or drugs shall
document his/her observations and confirm those observations with
another supervisor or higher ranking supervisor. Following such time,
the supervisor may require the suspected, impaired employee to report
to a designated physician, clinic or hospital on the Town's time and
at the Town's expense for a fitness-for-duty examination, which will
include, but not be limited to, urine analysis testing.
(3)
Any employee who refuses to submit to said testing
will be found in violation of this policy. In such a case the two
supervisors' determination of impairment will be binding and the employee
will be removed from the work site and subject to disciplinary action.
(4)
Alcohol and drug tests on employees immediately following
work-related accidents that involve serious or repetitive accidents
causing death, personal injury to self or others and/or significant
property damage, when there is reasonable suspicion that alcohol and/or
drug abuse by the employee is involved.
(5)
Testing will be done for at least and possibly the
following substances, however not limited to:
|
Amphetamines (Uppers)
| |
|
Opiates (Opium)
| |
|
Barbiturates (Downers)
| |
|
Phencyclidine (PCP)
| |
|
Benzodiazepines(Valium)
| |
|
Methaqualone (Quaaludes)
| |
|
Cocaine
| |
|
Alcohol
| |
|
Marijuana
|
(6)
The analysis shall be conducted in accordance with
established clinical procedures of privacy which include a defined
chain of custody and mandatory consent.
(7)
The urinalysis or screening method used is the EMIT
method. Gas chromatography is used as a confirming test if the screening
is positive. If either of the tests is negative the employee is passed.
L.
Employee assistance.
(1)
The Town of Georgetown recognizes alcohol and/or drug
dependency as a treatable condition. Any employee whose performance,
health or behavior has deteriorated as a result of alcohol or drug
use may use the employee referral and health insurance coverage as
appropriate. Employees should contact designated department personnel
or the Town Manager for additional information.
(2)
Volunteer efforts to seek and use such help will not
jeopardize an employee's employment status. Such efforts will not
appear on his/her personnel records if the employee volunteers prior
to documented reasonable suspicion. However, said employees must follow
suspension guidelines before returning to work.
(3)
Employees receiving treatment for drug or alcohol
may use sick leave, vacation leave or may be granted limited leave
without pay, or an extended leave without pay in accordance with established
personnel policies.
(4)
Involvement of an employee in an alcohol and drug
program does not suspend disciplinary measures to which an employee
may be subject as a result of conduct or behavior that violates work
rules or regulations or is contrary to Town policy.
M.
Suspension guidelines.
(1)
Employees placed on suspension from employment due
to confirmed abuse of alcohol or drugs shall be required to complete
the following before reinstatement to any position with the Town of
Georgetown:
(a)
Submit at least 15 attendance slips showing
proof of daily participation in Alcoholics Anonymous, Narcotics Anonymous
or another approved rehabilitation organization.
(b)
Submit the name and telephone number of the
employee's organization sponsor to the Town Manager.
(c)
Submit the results of at least three drug screening
tests beginning on the first day of affiliation with a rehabilitation
organization.
(2)
Upon completion of the above three items an appointment
will be required at a designated counseling center to determine the
condition of applicable disease. Attendance may also be required at
meetings with Town personnel to explain the diagnosis. The Town Manager
or appropriate Town official will then consider the safety and security
of the employee's employment and a decision will be made as to whether
a suspension shall be lifted and reinstatement made in some capacity.
(3)
Any employee who has a positive substance screening
must be given a return-to-duty substance screening before resuming
duties. Additional unannounced screening may be required by the Town
for up to 60 months after duties have been resumed.
N.
Confidentiality.
(1)
The Town shall require unannounced retesting of employees
who have agreed to such testing as part of a disciplinary action or
rehabilitation program.
(2)
Laboratory reports or test results shall appear in
an employee's confidential medical file. The reports or test results
may be disclosed to a designated person in Town management on a strict
need-to-know basis and to the tested employee upon request.
O.
Severability. The provisions of this policy are severable,
and if any of its provisions shall be held unconstitutional or otherwise
invalid by any court of competent jurisdiction, the decision of such
court shall not affect or impair any remaining provisions.
Harassment in any form shall not be tolerated
and may lead to dismissal of the offenders. In addition, the Town
expressly prohibits any form of sexual harassment and seeks to guarantee
all employees the right to work in an environment free from such harassment.
