A.
Service retirement is voluntary termination after
having satisfied the age and length of employment requirements of
the applicable Town retirement system procedures for applying for
retirement benefits as dated in the policy entitled "Retirement System."
B.
Disability retirement is voluntary termination necessitated
by an injury or illness, which renders the employee incapable of performing
his/her usual job. The termination is preceded a memo/letter by the
employee to his/her supervisor advising of the disability ruling,
date of termination, supporting documentation, and a ruling by the
appropriate board or body verifying the disability and approving the
retirement.
C.
Employee-initiated resignation is voluntary termination
for any reason other than formal retirement. An employee wanting to
leave the Town in good standing shall provide a written resignation
to his/her immediate supervisor at least 14 calendar days prior to
the effective date of resignation. The resignation letter should include
the reason for leaving as well as the proposed effective date. Two
weeks' notice is understood to mean that the resigning employee will
be available for work during this time so as to aid in the training
of a replacement. An employee cannot use vacation time as notice for
his/her resignation. Exceptions to the time limit requirement may
be granted by the Town Manager's Office.
D.
Supervisor-initiated resignation is termination requested
by the supervisor, which permits the employee to resign in lieu of
being discharged. A termination of this type occurs only after the
supervisor's consultation with the Town Manager. An evaluation of
the circumstances is conducted, including reason for the request,
supporting documentation, and alternatives. Guidelines are similar
to those for discharge.
E.
Discharge is termination of an employee by the Town.
F.
Probationary termination is discharge of an employee
during the established probationary (introductory employment) period,
usually for the inability to meet position/department requirements.
A probationary termination occurs only after the supervisor's consultation
with the Town Manager.
G.
Layoff is termination of an employee by the Town for
lack of work, lack of funds, or other changes that have taken place.
A reduction in force is accomplished in accordance with labor contracts
and civil service rules; however, work schedules should be planned
to keep periodic or recurring layoffs to a minimum.
(1)
In the event that a reduction in force becomes necessary,
consideration shall be given to the quality of each employee's past
performance, the need for the employee's service, and seniority, in
determining those employees to be retained. Employees who are laid
off because of reduction in force shall be given at least two weeks'
notice of the anticipated lay-off. No regular employee shall be separated
while there are temporary employees serving in the same grade in the
department, unless the regular employee is not willing to transfer
to the position held by the temporary employee.
(2)
These provisions are subject to employee labor agreements
when applicable.
(3)
Every effort will be made for transfers to other departments
when a position is open for which the employee qualifies.
(4)
The Town shall provide an employee with at least two
weeks' advance notification prior to layoff, except in case of emergency.
An employee on layoff status must keep the Town informed of the address
and telephone number where he/she can be contacted.
(5)
If the Town is unable to contact the employee within
seven calendar days, the Town's obligation to recall the employee
shall cease.
[Amended 3-28-2012 by Ord. No. 2012-5]
(6)
Employees
in good standing at the time of layoff or reduction in force may be
eligible for recall for a period not to exceed one year.
[Added 3-28-2012 by Ord. No. 2012-5]
(7)
Should
an employee not return to work when recalled, the Town shall have
no further obligation to recall him/her.
[Added 3-28-2012 by Ord. No. 2012-5]
H.
The Town Manager shall notify the person responsible
for payroll of the employee's separation date. All claims for unemployment
compensation as filed by a terminating employee shall be processed
by the Town Manager's Office. Requests for information about unemployment
compensation should be forwarded to the Town Manager immediately.
An employee may be separated for disability
when the employee cannot perform the required duties because of a
physical or mental impairment. Action may be initiated by the employee
or the Town, but in all cases shall be supported by medical evidence
as certified by a competent physician. The Town may require an examination
at its expense and performed by a physician of its choice. Before
an employee is separated for disability, a reasonable effort shall
be made to locate alternative positions within the Town's service
for which the employee may be suited.
Retirement age shall be as defined by the Delaware
County and Municipal General Pension Plan.
The date of death shall be recorded as the separation
date for computing compensation due.
A.
An employee may be suspended, demoted or dismissed
because of failure in performance of duties or failure in personal
conduct. The employee shall be provided with a written notice including
the recommended effective date and reasons for the action.
B.
These provisions are subject to employee labor agreements
or Police Department rules, when applicable.
A.
An employee whose work is unsatisfactory over a period
of time shall be notified by the supervisor in what way the employee's
work is deficient and what must be done if the work is to be satisfactory.
B.
An employee who is suspended, demoted or dismissed
for unsatisfactory performance of duties shall normally receive at
least two warnings before disciplinary action is taken. First, one
or more oral warnings must be issued by the employee's supervisor,
and second, a written warning must be issued by the department head/Town
Manager, as applicable, serving notice upon the employee that corrected
performance must take place immediately in order to avoid disciplinary
action. The supervisor and department head must record the dates of
their discussions with the employee, the performance deficiencies
discussed, and the corrective actions recommended, and must file the
information in the employee's personnel folder in the Town Manager.
C.
The following are examples relating to failure in
the performance of duties and are representative of those considered
to be adequate grounds for suspension, demotion or dismissal:
(1)
Inefficiency, ineffectiveness, negligence, or incompetence
in the performance of duties;
(2)
Careless, negligent or improper use of Town property
or equipment;
(3)
Physical or mental incapacitation to perform duties;
(4)
Discourteous treatment of the public or other employees;
(5)
Leaving work assignments during working hours without
prior supervisory permission;
(6)
Habitual improper use of leave privileges;
(7)
Habitual pattern of failure to report for duty at
the assigned time and place; and
(8)
Failure to observe safety rules and regulations.
B.
An employee suspended, demoted or dismissed for causes relating to personal conduct shall be given a statement of the charges before the disciplinary action, allowed to respond, and be given a prompt written statement of the decision of the department head/Town Manager. If circumstances are such that the department head must take immediate action without notice, then § 29-86 of this article shall apply.
C.
The following causes relating to failure in personal
conduct are representative of those considered to be adequate grounds
for suspension, demotion or dismissal:
(1)
Fraud in securing appointment;
(2)
Conviction of a felony or a misdemeanor which would
adversely affect performance of duties, or the entry of a plea of
"no contest" to either;
(3)
Misappropriation of Town funds or property;
(4)
Falsification of Town records for personal profit
or to grant special privileges;
(5)
Reporting to work under the influence of alcohol or
other narcotic drugs or partaking of such things while on duty or
while on public property, except that prescribed medication may be
taken within the limits set by a physician so long as medically necessary;
(6)
Any action with the intent to deceive;
(7)
Theft, unauthorized use or unauthorized removal of
Town property;
(8)
Insubordination, which shall mean the failure or deliberate
refusal by an employee to obey a proper order given by a supervisor
or the use of disrespectful language towards his/her supervisor;
(9)
Disorderly conduct, jokes, and horseplay, including
fighting;
(10)
Abuse of employee benefits;
(11)
Unapproved outside employment;
(12)
Gross negligence in performance of duties; and
(13)
Any other actions which reflect adversely upon the
Town.
An employee who is suspended for disciplinary
reasons shall be relieved temporarily of all duties and responsibilities
and shall receive no compensation for the period of the suspension.
An employee may be suspended without notice
by the department head for causes related to personal conduct in order
to avoid undue disruption of work, to protect the safety of persons
or property or for other serious reasons. When a department head suspends
an employee he/she shall tell the employee to leave Town property
at once and remain away until further notice. The department head
shall immediately notify the Town Manager of any immediate disciplinary
suspension. A written summary giving the circumstances and facts leading
to the suspension shall be prepared and delivered to the Town Manager
for review. Following the Town Manager's review, one copy of the written
summary shall be delivered to the employee by certified mail and one
copy shall be filed in the employee's personnel folder.
During the investigation, hearing or trial of
an employee on any criminal charge or during the course of any civil
action involving the employee, the department head may suspend the
employee with pay for the duration of the proceeding as a nondisciplinary
action, if such action is deemed necessary in the best interest of
the Town. The Town may fully recover said pay and benefits for the
period of the nondisciplinary suspension if the suspension ends with
the employee's termination.
An employee who resigns while in good standing
or who is dismissed because of reduction in force may be reinstated,
with the approval of the department head and the Town Manager or an
appropriate Town official. An employee who enters active service with
the Armed Forces of the United States, the Public Health Service,
or with a Reserve component of the Armed Forces will be granted reinstatement
rights commensurate with the Veterans Readjustment Assistance Act.
A.
Employees shall receive pay for work performed through
the last hour worked and for unused benefits as stipulated by this
policy and laws governing such payments.
B.
Termination pay shall be reduced by any authorized
legal deduction, authorized pension plan, credit union, tax sheltered
annuity, and any other amounts specifically agreed upon orally and
in writing by the employee and the Town.
C.
Before the final paycheck is issued to the employee,
the employee shall be required to return all Town property, equipment
and/or keys to his/her department head/supervisor. Failure by the
terminating employee to return items may result in delay of receipt
of the final paycheck.
D.
The official date of termination will be the last
full day the employee reports for work.
E.
The employee will be covered for all applicable benefit
plans up to and including the date of termination. Employees may elect
to purchase health care coverage benefits through the COBRA plan.
COBRA information and enrollment forms will be provided upon termination
of employment.
F.
For those employees who are not retiring, contributions
to the pension plan will be treated in accordance with the rules of
the State of Delaware County and Municipal (General) Pension Plan.
