[Amended 3-2006; 8-17-2006; 8-28-2007; 12-14-2015; 6-21-2018 by Order No. 2018-155]
It is the purpose of this article to provide
to all employees the policies and procedures for assuring maintenance
of an equitable human resources management system in the Town of Barnstable.
The policies and procedures for human resources administration set
forth herein have, as their purpose, to promote the efficiency and
economy of government; to promote the morale and well-being of Town
employees; and to promote equal employment opportunity for all employees
and candidates for employment. The human resources policies are based
on the following principles:
A.
Recruiting, selecting, and developing employees on
the basis of their abilities, knowledge, and skills.
B.
Providing equitable compensation.
C.
Training employees as needed to assure high-quality
performance in delivering quality services to the public.
D.
Retaining employees on the basis of the adequacy of
their performance, correcting inadequate performance, and separating
employees whose performance does not adequately improve.
E.
Assuring fair treatment of applicants and employees
in all aspects of human resources administration without regard to
political affiliation, race, color, national origin, age, sex, creed,
handicap, disability, or any other nonmerit factor, except where such
factor is a bona fide occupational requirement, and with proper regard
for their privacy and constitutional rights as citizens; prohibiting
discrimination against any person on the basis of such nonmerit factors,
and
F.
Assuring that employees are protected against coercion
for partisan political purposes and are prohibited from using their
official authority for any purpose other than those duties and responsibilities
directly associated with their positions in Town government.
Discrimination against any person in recruitment, examination, appointment, training, promotion, retention or any other human resources action because of political affiliation, race, creed, color, national origin, age, sex, handicap, disability, or any other nonmerit factor will be prohibited except where such factor is a bona fide occupational requirement. Any employee who feels aggrieved may process an appeal in accordance with the discrimination complaint procedure in § 401-97, Grievances and discrimination complaint procedures.
Except as provided in § 401-97, Grievances and discrimination complaint procedures, these human resources regulations and procedures apply to all employees, except that if the terms of a collective bargaining agreement provide to the contrary the terms of the collective bargaining agreement shall prevail, and further provided that the grievance procedure contained in § 401-97 does not apply to probationary, seasonal, or temporary employees. These policies shall serve as a guide to the administration of a human resources system of the Town of Barnstable in keeping with basic merit principles. The policies are not all-inclusive; final discretion as to interpretation and as to the appropriate course of action concerning a particular human resources matter shall vest with the Town Manager. Failure to comply with these human resources regulations will be cause for appropriate corrective action.
Nothing in this Human Resources Code shall be
construed to conflict with Chapter 31, Massachusetts General Laws,
and the rules of the Civil Service Commission adopted in conformance
with said chapter.
Nothing in this Human Resources Code shall be
construed to conflict with any special law enacted for the Town of
Barnstable or any permissive state statute accepted by the Town of
Barnstable, the Barnstable Town Charter, Town ordinances, Administrative
Code, or any provision of the Massachusetts State Constitution. To
the extent that any apparent conflict exists, it shall be determined
in favor of the higher state statute or provision of the Massachusetts
State Constitution.
If any provision of this article is in conflict
with a provision of an applicable collective bargaining agreement,
the terms of the collective bargaining agreement shall prevail. Where
this article contains provisions which are not contained within collective
bargaining agreements, the Human Resources Regulations provisions
shall govern.
The Town Manager delegates the day-to-day operations
involved in administering these policies to the Human Resources Director.
The Town Manager shall have final decision-making authority and approval
over all human resources matters, except where otherwise provided
in these policies and procedures, for all employees covered by this
article, consistent with the Town Charter, Section 5-2.
The Human Resources Director shall:
A.
Prepare and recommend position classification and
pay plans and direct the continuous administration of these plans.
B.
Compute for budgetary purposes the annual salary costs
of all municipal employees.
C.
Direct the recruitment, testing, selection, and hiring
of all employees.
D.
Prepare and administer competitive assembled and unassembled
examinations, whenever practicable, for all original appointments
and promotions in the Town service in conjunction with the appropriate
department manager.
E.
Enforce policies and procedures for human resources
administration.
F.
Supervise, develop, and maintain human resources systems,
forms, procedures, and methods of recordkeeping.
G.
Maintain official personal work history records. Records
shall be maintained on inactive employees for at least three years
after termination. An employee's records are available for inspection
in the Human Resources Department by the employee, any individual
authorized in writing by the employee, or the employee's department
manager. (Personal work history records maintained within each department
are subject to the same provisions as those records maintained by
the Human Resources Department, but duplication is not encouraged).
H.
Maintain a roster of all persons in the Town service.
I.
Certify appointments, promotions, demotions, discipline,
and other actions.
J.
Direct employee orientation, training, counseling,
and career development in conjunction with department managers.
K.
Administer these human resources policies, including
the employee grievance procedure.
L.
Assure timely performance appraisal reviews.
M.
Perform any other lawful acts which are considered
necessary or desirable to carry out the purpose of the central human
resources system and the provisions of these human resources policies.
A.
Department managers, with the approval of the Town
Manager, shall have responsibility to select, retain, transfer, and
promote human resources in accordance with established Town policies.
They are expected to effectively supervise their employees; evaluate
performance of their subordinates; to notify the Human Resources Director
of changes in duties of their employees in order that the classification
plan will be maintained; and to recommend salary increases which will
be acted upon by the Human Resources Department.
B.
All recommendations for appointments must be verified
with the Personnel Department for compliance with established procedures
and with equal employment opportunity/affirmative action guidelines
before any candidate may be offered a position. Department managers
may recommend to the Human Resources Director or to the Town Manager,
any desirable changes in personnel policies and procedures to improve
the human resources to the personnel management system.
It shall be the responsibility of all employees
to acquaint themselves thoroughly with the material in these human
resources policies and any subsequent revisions. Employees are also
encouraged to submit suggestions for changes in human resources policies
and procedures for improvement of the human resources administration
to the Human Resources Department.
As used in this article, the following terms
shall have the meanings indicated:
The assignment of an individual position to an appropriate
grade on the basis of kind of work, duties, and the responsibilities
of the position.
The Town Manager is the Appointing Authority, except as provided for in Section 4-2 of the Charter.
The placement of a person in a position.
The act of supplying a Department with the names of applicants
deemed eligible for appointment to a vacant position.
A group of positions sufficiently similar in duties and responsibilities
such that the same title may be used to designate each of the positions,
that the same employment standards may be applied to all incumbents
or applicants and that the same pay grade may be applied with equity
under comparable employment conditions.
The collection, analysis and evaluation of data by the Human
Resources Department to determine the proper value of a classification
and/or the proper classification of an individual position.
The salary or wages earned by any employee by reason of service
in the position, but does not include allowances for expenses authorized
and incurred as incidents to employment.
See “pay plan.”
The movement of an employee from a position in one grade
to a position in another grade with a lower maximum pay rate.
A major functional unit of the Town government.
Department managers shall be taken to mean any employee who
has authority to recommend human resources actions to the Town Manager,
including but not limited to selection, transfer or promotion.
The permanent, involuntary termination of a person from Town
service.
An oral warning, written reprimand, suspension, demotion,
or dismissal taken for cause by the appropriate authority.
A major functional unit of a department.
The first workday of a pay period following the eligibility
date for a change in pay to be implemented.
A person who has met the minimum requirements established
for a position and whose name has been placed on an eligible list.
A list of persons who have met the requirements for a given
position in the Town service and who are eligible for appointment.
A person occupying an appointive position, or an appointive
person who is on authorized leave of absence, who is not an exempt
official.
An employee who has not completed six months of continuous
service with the Town in one or more permanent budgeted positions.
Any individual employed for a period of time not to exceed
six months or for some longer temporary period approved by the Town
Manager.
The date on which an employee commences performance of duties
and is placed on the payroll.
All of the tests of fitness taken together that are applied
to determine the fitness of applicants for positions of any class.
Any person exempt from the provisions of this Human Resources
Code. Exempt officials include elected officials, Town Manager, or
any persons hired under an individual employment contract, persons
under control of the School Committee, persons under control of the
Airport Commission and members of boards, commissions and committees.
A position or group of positions which are sufficiently similar
with respect to duties, responsibilities, and authority that they
may be properly compensated within the same pay range under substantially
the same employment conditions.
A misunderstanding or disagreement between an employee and
a supervisor that relates to policies, rules, and regulations of the
Human Resources Code.
Any and all activities affecting any aspect of an employee's
status which includes appointments and changes in appointments, original
hiring, reemployment, transfer, promotion, demotion, changes in hours,
reallocation, resignation, suspension, discharge, placement on leave,
step increases, etc.
The current occupant of a position.
The written description of a position, approved by the Human
Resources Department, including the title, a statement of the nature
of the work, examples of duties and responsibilities, and the minimum
qualification requirements that are necessary for the satisfactory
performance of the duties of the position.
Reassignment of an employee to a position in the same pay
grade but having different duties and responsibilities.
The separation of an employee because of lack of work or
funds or other reasons not related to fault, delinquency, or misconduct
on the part of the employee.
An authorized absence from regularly scheduled work hours
which has been approved by proper authority.
Available to be called back to work outside officially scheduled
work hours.
An examination open to any person who meets and complies
with prescribed requirements for admission.
The competitive appointment of a person from outside Town
employment to a continuing position in Town government.
Time an employee is directed and authorized to work in excess
of the normal workweek.
The incumbent in such a position is one who works each week
but less than a full workweek.
A schedule of compensation for all grades in the classification
plan, including any successive pay rate steps established for each
grade. All positions allocated to one grade will be paid according
to the salary range established for that grade.
A period of active employment, including vacation and sick
leave.
The process of assessing an individual's past performance
and present capabilities against established performance standards
and objectives for the purpose of improving organizational effectiveness
and developing individual potential.
An employee who has satisfactorily completed an individual
probationary period, who is in an approved position in Town service,
and who works 20 hours or more each week.
A group of current duties and responsibilities assigned or
delegated by appropriate authority to one person.
A working test period, following an appointment, during which
an employee is required to demonstrate, by conduct and actual performance
of the duties, fitness for the position to which appointed.
An employee selected from an eligible list who has not yet
completed a probationary period of service, but who is otherwise entitled
to the same benefits as a permanent employee.
The movement of an employee from a position of one grade
to a position of another grade with a higher maximum pay rate.
A noncompetitive appointment, to a civil service position,
authorized by the appropriate official when, due to unforeseen circumstances,
no appropriate eligible list is available. The person appointed provisionally
must meet the minimum qualifications set forth in the position specification.
The assignment of a position to a grade different from the
one to which it was previously assigned.
An individual who works limited periods of time (i.e., lifeguards,
beach supervisors, gatepersons, etc.).
An employee's uninterrupted, continuous length of service
as a permanent employee with the Town.
An increase in pay from one step to a higher step in the
pay range for an employee who meets the eligibility conditions specified
in these policies.
An involuntary absence without pay imposed on an employee
for disciplinary action or pending final outcome of appeal.
A noncompetitive appointment authorized by the appropriate
official for a period not to exceed six months when, due to unforeseen
circumstances, no appropriate eligible list is available, or the appointment
of an employee for the term of a specific project (i.e., Clerk of
the Works appointed to oversee the completion of a specific project).
The person appointed temporarily must meet the minimum qualifications
for the job to be performed.
A specific position which is time limited, not to exceed
six months unless authorized by the Town Manager.
The movement of an employee from one position to another
position of the same grade or of another grade having the same maximum
pay rate involving the performance of similar duties and requiring
essentially the same basic qualifications.
The workweek shall be 40 hours except as may be otherwise
established by this article or by any collective bargaining agreement.
A.
Purpose. The purpose of the classification plan is:
(1)
Establish desirable qualification standards for recruiting
and examining purposes.
(2)
Provide a means of analyzing work distribution, area
of responsibility, lines of authority, and other relationships between
positions.
(3)
Assist in determining budget requirements.
(4)
Provide a basis for developing standards of work performance.
(5)
Establish lines of promotion.
(6)
Indicate training needs.
(7)
Provide uniform titles for positions.
B.
Administration of classification plan. Each classified position is
allocated to a grade. The Human Resources Director is responsible
for classifying all positions. The Human Resources Director will recommend
changes to the Town Manager for approval. When a new position is established
or when a position has changed substantially as to the kind and/or
level of work, the Town Manager, a department manager, an employee,
or a recognized labor union may initiate a request for a change in
classification by submitting a written request to the Human Resources
Department accompanied by a position description questionnaire. The
Human Resources Director shall document any changes in the position,
its duties and/or responsibilities, evaluate the position and shall
make a recommendation concerning the reclassification request to the
Town Manager. The Town Manager's decision concerning the classification
or reclassification request shall be final.
C.
Certification of classification change. No employee
shall be paid in any circumstance until the Town Treasurer is presented
with proper authorization on an appropriate form, signed by the Human
Resources Director, Finance Director, and the Town Manager.
A.
Pay policy. The Human Resources Director shall be
responsible for the maintenance of a uniform and equitable pay plan
which shall consist, for each grade of positions, of minimum and maximum
rates of pay and such intermediate steps as are deemed appropriate.
Insofar as it may be practical, the Town Manager shall prepare a schedule
of revisions to the compensation plan, whether negotiated or otherwise,
and include said schedule of revisions for funding through the annual
budget process.
B.
Maintenance of the plan. The Human Resources Director
shall prepare an analysis of prevailing rates of pay for comparable
public and private employment in the area and at large, taking into
consideration cost of living factors, budget affects of various alternative
pay plans, and other factors which may be pertinent in recommending
changes in the plan.
C.
Pay administration and appointment rates. An employee
appointed to a position should be normally compensated at the minimum
rate of pay assigned to the grade to which the position is assigned,
however, subject to the approval of the Town Manager, original employment
at a salary above the minimum step may be made upon written certification
by the recommending official and Human Resources Director that such
action is justified by the lack of qualified applicants available
at the minimum rate.
D.
Step increases.
(1)
Step increases within an established range are not
automatic but require certification by the immediate supervisor that
the employee is performing at an acceptable level of competence, as
demonstrated in the performance appraisal system. All employees in
an approved position shall be evaluated every six months. An annual
evaluation shall be due in June of each year. Step increases based
on a satisfactory evaluation shall be effective July 1.
(2)
Employees hired in an approved position between July
1 and December 31 will be evaluated the following June and eligible
for a step increase July 1; employees hired in an approved position
between January 1 and June 30 will be eligible for a step increase
on July 1 of the next calendar year.
(3)
Employees promoted between July 1 of one year and
the following March 31 will be eligible for consideration for a step
increase (based on satisfactory evaluation or better) the following
July 1. Employees promoted between April 1 and June 30 of a calendar
year will be eligible for a step increase on July 1 of the next calendar
year.
E.
Denial of step increases. The denial of a step increase
may not always connote less than satisfactory service of an employee.
If funding is not available, step increases may be denied. Written
notice of any denial of a pay raise and the reasons therefor shall
be submitted to the employee at least 10 calendar days after the due
date for the step increase. The employees' eligibility date for future
increases shall remain unchanged.
F.
Reappointment rate. Persons receiving reemployment
or reinstatement appointments may be paid at any step within the pay
range not to exceed the step attained at the time of the separation.
G.
Promotion. Upon promotion, the employee's salary shall
be set at the rate of the higher grade which at least provides an
increase in pay.
H.
Transfer. When an employee is transferred from a position
in one grade to a position in another grade at the same pay rate,
or is transferred with no change in grade, he/she shall continue to
be paid at the same rate.
I.
Demotion. When an employee is demoted to a lower grade,
his/her salary shall be set at:
J.
Reclassification of position to a grade of a lower
pay range. When a position is reallocated to a grade of a lower pay
range, the salary of the incumbent shall be set as follows:
(1)
If the employee's salary in the higher range is above
the top step of the lower range, his/her pay shall remain unchanged.
The employee shall not receive any step increase in pay until the
maximum of the pay range exceeds the employee's rate of pay.
(2)
If the employee's salary in the higher range falls
within the lower range, his/her pay shall remain unchanged.
K.
Merit bonuses for nonaffiliated human resources. The
Town Manager may, from time to time, grant a one-time annual merit
bonus to nonaffiliated employees who have attained an outstanding
performance appraisal. Such bonus shall not exceed 5% of the employee's
base pay.
A.
Health insurance. Permanent employees of the Town
of Barnstable are currently covered for medical and hospitalization
insurance under an agreement with Cape Cod Municipal Health Group.
Both the Town and the individual employee pay 50% of the cost.
B.
Life insurance. Permanent employees of the Town of
Barnstable are covered under an optional plan for life insurance in
the sum of $2,000. An additional $10,000 of life insurance may be
purchased by the employee. Both the Town and the individual employee
pay 50% of the cost of the first $2,000.
C.
Retirement. Permanent employees of the Town of Barnstable
are currently covered under a state-approved retirement system. That
system is currently administered by Barnstable County for the Town
of Barnstable. The current payment is on the basis of base pay. Eligibility
depends upon the rules and/or regulations of the Retirement Board.
D.
Workers' compensation. The Town carries workers' compensation
insurance benefiting employees injured on the job. Details of this
program may be obtained from the Human Resources Department.
E.
Unemployment compensation. Employees of Town government
are covered under state statute, which provides for the payment of
unemployment compensation in the event of displacement from work.
Details of the program may be obtained from the Human Resources Department.
F.
Cafeteria plans/deferred compensation. Employees of
the Town are eligible to join various deferred compensation or similar
benefit plans. Details of the programs may be obtained from the Human
Resources Department.
A.
Overtime. The provision of overtime is governed by
collective bargaining agreements. All employees, with the exception
of those managerial and supervisory employees not covered by a labor
agreement and amusement and recreational employees exempt under Section
13(a) of the Fair Labor Standards Act shall be paid time and 1/2 the
regular rate of pay for all hours worked over 40 in a workweek.
B.
Compensatory time. Compensatory time off in lieu of
overtime pay shall be permitted at the discretion of the department
manager; provided that, for each hour of overtime worked, the employee
shall be credited with 1 1/2 hours compensatory time. Compensatory
time may be accrued up to a maximum of 240 hours; however, every effort
shall be made to allow compensatory time off within one year of the
time it was earned. When compensatory leave is taken, it may be at
the request of the employee, but final approval rests with the department
manager so that it will not interfere with the department operations.
Any department that has compensatory time owed to any employee shall
submit a list on the first day of each month, to the Human Resources
Director, indicating the employees who are owed compensatory time
and the number of hours of compensatory time owed.
C.
Actual hours worked. For the purpose of this Human
Resources Code, actual hours worked include all time an employee is
required to be on duty either on the premises of the employer or at
a designated work site. It is the intent of this provision that the
department manager or his/her designee shall bear the responsibility
for notifying the employee of any divergence from this rule. If any
question should arise regarding pay or hours worked, it should be
addressed with the Human Resources Director, and, after appropriate
or necessary review with the Legal Department, a decision will be
rendered as it relates to the issue.
D.
Longevity pay.
(1)
Employees, as of their anniversary date of employment
with the Town of Barnstable, shall receive annually a longevity increment
for continuous years of service as follows, whichever is greater;
provided, however, that employees covered by a union contract shall
receive the increment as specified in the union contract.
|
Years of Continuous Service
|
Longevity Award
| |
|---|---|---|
|
3
|
$100 or 1/4 of 1% of salary
| |
|
5
|
$250 or 1/2 of 1% of salary
| |
|
10
|
$350 or 3/4 of 1% of salary
| |
|
15
|
$450 or 1% of salary
| |
|
20
|
$600 or 1.25% of salary
|
(2)
An employee, while receiving workers' compensation
benefits, is not entitled to receive a longevity increment until after
he/she returns to work with the Town.
A.
General policy. Leave is any authorized absence during
regularly scheduled work hours that is approved by the proper authority.
Leave may be authorized with or without pay and shall be granted in
accordance with these rules on the basis of the work requirements
of the departments and, whenever possible, the personal wishes of
the employee.
B.
Procedure for requesting leave.
(1)
For all leave other than holiday, sick, disability,
injury and emergency leave, a timely request indicating the kind of
leave, duration, and dates of departure and return must be approved
by the department manager prior to the taking of leave. In the case
of sick, disability, injury or emergency leave, an employee shall
notify the immediate supervisor or his/her designee, within two hours
of the regular starting time of the workday. Unless an absence is
approved by the immediate supervisor or designee, an employee shall
not be paid for any absence from scheduled work hours.
(2)
Any unauthorized absence in excess of three days shall
be considered as an abandonment of a position, unless extenuating
circumstances are present.
C.
Holiday leave. The following days shall be recognized
as holidays, and such other days as may be declared holidays for the
conduct of public business by the state government:
|
New Year's Day
|
Columbus Day
| |
|
Martin Luther King Day
|
Veterans Day
| |
|
Presidents' Day
|
Thanksgiving Day
| |
|
Patriots Day
|
Day after Thanksgiving
| |
|
Memorial Day
|
1/2 day before Christmas
| |
|
Independence Day
|
Christmas Day
| |
|
Labor Day
|
(1)
Saturday and Sunday holidays. Whenever any of the
above-named holidays falls on a Saturday or Sunday, the preceding
Friday or following Monday, respectively, shall be a holiday, unless
another day is established by law.
(2)
Work on holidays.
(a)
On the designated holidays, employees not otherwise
covered by labor agreement shall be excused from all duty not required
to maintain essential services.
(b)
Seasonal, temporary, or casual employees who
are of necessity required to work on holidays (i.e., Recreation, Sandy
Neck, Golf Course, Natural Resources, Harbormaster, etc.) who are
non-bargaining-unit employees will be paid the regular rate of pay
for holiday work.
(c)
Holiday during vacation. If a designated holiday
occurs while an employee is on vacation leave, no charge for the holiday
will be made against vacation leave.
D.
Vacation leave. The Town provides vacation leave to
permanent, provisional, and probationary employees. Annual leave may
be taken as earned after completion of six months of employment. Temporary,
seasonal, and casual employees shall not accrue vacation time.
(1)
Unless provided otherwise pursuant to union contract, or as further noted under Subsection D(7) below, each such employee shall be granted annual vacation leave for the period January 1 to December 31 as follows:
(a)
The vacation accrual for the calendar year in
which employees were hired will be as follows:
|
January hire date:
|
10 days
|
July hire date:
|
5 days
|
|
February hire date:
|
9 days
|
August hire date:
|
4 days
|
|
March hire date:
|
8.5 days
|
September hire date:
|
3 days
|
|
April hire date:
|
7.5 days
|
October hire date:
|
2.5 days
|
|
May hire date:
|
6.5 days
|
November hire date:
|
1.5 days
|
|
June hire date:
|
6 days
|
December hire date:
|
1 day
|
(b)
Ten days after the first year of employment;
(c)
Fifteen days after five years of employment;
and
(d)
Twenty days after 10 years of employment.
(e)
Twenty-five days after 15 years of employment.
(2)
Part-time employees shall accrue and take vacation
leave based on 50% of the above schedule, or a percentage of time
prorated in accordance with hours or days worked.
(3)
Scheduling of vacations shall be determined by the
department manager or designee with due regard to the needs of the
service, seniority and to the employee's wishes. Department managers
and management officials' requests for vacation leave shall be submitted
to the Human Resources Department after approval by the Town Manager.
The Human Resources Department shall be notified of all leave taken,
on forms provided for such purpose.
(4)
Vacation leave should be taken within the calendar
year. As above any carryover of such leave, to not exceed 10 days,
must be requested in writing from and may be approved by the appointing
authority only if as a result of departmental necessity. Any such
request and approval must be filed with the Human Resources Director.
(5)
Payment for unused vacation leave. An employee with
more than six months of service whose employment is terminated is
entitled to payment for unused accrued annual leave.
(6)
Vacation as sick leave. Vacation time may be used
by employees in addition to, or in lieu of, sick time with the approval
of the department manager.
(7)
Employees covered by this article shall accrue vacation leave as indicated under Subsection D(1); however, subject to the approval of the Town Manager, upon commencement of original employment, annual vacation leave at a schedule above the minimum may be made upon written certification by the appointing authority that such action is justified by exceptional circumstances.
E.
Sick leave.
(1)
Purpose. Sick leave shall not be considered a privilege
which an employee may use at the employee's discretion, but shall
be allowed only in case of actual sickness or disability of the employee,
to meet dental appointments, to take physical examinations, or for
other sickness prevention measures. Sick leave may be taken by any
eligible employee unable to work due to pregnancy, childbirth and
recovery therefrom.
(2)
Eligibility. Sick leave shall be available to all
permanent, provisional, and probationary employees. Seasonal, temporary,
and casual employees are not eligible for sick leave. Permanent, part-time
employees shall accrue sick leave time based on 50% of the above schedule
or a percentage of time prorated in accordance with hours or days
worked. Deliberately self-inflicted injury or injury occurring while
in the employ of others shall not be considered a proper claim for
sick leave.
(3)
Certification of illness. For sick leave in excess
of three days, or if the department manager or designated supervisory
official suspects an abuse of sick leave, the department manager or
supervisory official may require a certificate from the attending
physician stating that such illness prevented the employee from working.
The Town Manager or designee may, at any reasonable time, require
that a medical examination by a physician of his/her own choosing,
be made of any employee. The cost of such examination shall be borne
by the Town.
(4)
Sick leave allowance. Unless provided by labor agreement,
effective July 1, 1998, a permanent, full-time employee shall accrue
sick leave on the basis of 1.25 days for each month in a pay status
up to 15 days per calendar year, and shall be credited with the unused
portion up to a maximum of 150 days. Up to seven days of sick leave
may be used to care for an immediate family member living within the
employee's household. Permanent part-time employees shall accrue sick
leave on a prorated basis in accordance with the hours and days worked
per week, and shall be credited with the unused portion up to a maximum
of 150 days.
(a)
During the first month of employment, an employee
whose effective date of employment is after the 15th day of the month shall not receive any sick leave credit for that
month.
(b)
After having accumulated 120 of days of sick
leave, an employee shall have the right to receive an amount equal
to one full week's pay after any full calendar year of service during
which the employee has used no more than three days of sick leave
during that calendar year.
(5)
Advance of sick leave. Upon written request and under
exceptional circumstances, the Town Manager may advance a specific
number of sick leave days to an employee. It is understood that such
additional days constitute a deficit in accrued sick leave for the
employee and must be repaid by subsequent accrual, where applicable.
Under no circumstances shall such advance leave be granted to any
employee who has accrued sick leave, accrued vacation, or personal
leave available.
(6)
Reporting. The department manager or designee shall
file, on forms provided for such purpose, information regarding the
accrual and taking of any and all leave with the Human Resources Director.
(7)
Buy-back. An employee, upon retirement, will be paid $60 per day
for any unused sick leave to a maximum of 150 days.
F.
Injury leave. An employee injured on the job, however
slightly, must report that fact to his immediate supervisor at once.
Such supervisor must give a full report of the incident on the same
day or as soon thereafter as possible and report the incident on appropriate
forms to the Human Resources Department.
(1)
Injury leave shall mean leave due to absence from
duty caused by an accident, injury or occupational disease that occurred
while the employee was engaged in the performance of his/her duties.
(2)
Employees covered by workers' compensation insurance
may be paid stated amounts due to injuries sustained on the job; the
Town, in such cases, shall supplement any such payments, at the election
of the employee, so that the employee will receive full pay during
his/her absence (appropriate deductions shall continue to be made)
and such remuneration shall be charged against accrued sick leave
and/or vacation leave until such leave has been exhausted, at which
time such supplementary remuneration shall cease.
(3)
An injured employee eligible to receive payment under
workers' compensation may have a waiting period of up to four weeks
before receiving his/her first compensation check. In such case, the
employee may continue to receive pay, provided that the employee has
sufficient accrual of sick leave or vacation leave to charge such
payment against. The employee, upon receipt of the first compensation
check, may elect to buy back any sick leave or vacation time used
during the initial waiting period.
(4)
Employees in a workers' compensation status for a
period in excess of 30 days will not earn or accumulate vacation or
sick leave time.
G.
Bereavement leave.
(1)
The purpose of bereavement leave is to enable an employee
to take care of personal arrangements and problems caused by death
of a member of his/her immediate family and to relieve him/her of
the concern over loss of earnings on the regularly scheduled workdays
immediately following the death. Permanent employees other than those
scheduled for another type of leave are eligible for bereavement leave,
and any such leave granted shall be reported to the Human Resources
Director by the appropriate department manager.
(2)
Upon the death of employee's spouse, child, parents,
significant other, sister, brother, grandparents, grandchild, mother-
and father-in-law, the employee shall request and the appointing authority
or designee shall grant emergency leave of up to five working days
immediately following such death without loss of pay. Under exceptional
circumstances and upon application approved by the appointing authority,
the department manager may extend this period.
H.
Military leave. An employee entering the regular military
service will be provided a leave of absence without pay as required
by federal law. It is the employee’s responsibility to notify
his/her department manager of the dates he/she is leaving for military
service and to provide written proof from military or selective service
officials to the department manager indicating the date of departure
and length of service required. A copy of such proof must be filed
with the Human Resources Department.
(1)
Return to work. If an employee requests reinstatement
within 90 days after honorable discharge from military service or
hospitalization resulting from military service, he/she will be rehired
with full rights of his/her former job or its equivalent.
(2)
Seniority and benefits. Employees in the military
service will continue to receive credit for seniority accrual.
(3)
National Guard
or Military Reserve Duty. An employee in the military reserve or the
National Guard shall be paid the difference between total compensation
received while on reserve or Guard duty and regular compensation rates
paid the employee by the Town, for up to 25 workdays in any given
calendar year, upon submission of substantiating documentation as
may be required by the Human Resources Department. An employee in
the military reserve or National Guard who is ordered into the active
military service shall be paid the difference between total compensation
received while on active duty and his/her base pay, excluding all
other compensation, paid by the Town for the length of his/her activation.
[Amended 11-17-2022]
I.
Jury leave. A permanent, full-time employee summoned
to jury duty will be excused from his/her work for the period necessary
to perform jury duty and shall receive the difference in pay between
his/her regular total compensation and jury duty compensation, upon
submission of substantiating documentation as may be required by the
Human Resources Department.
J.
Family medical leave policy. In compliance with the
Family Medical Leave Act of 1993, the Town of Barnstable adopts the
following policy for eligible employees, effective August 5, 1993.
All eligible employees are entitled to take up to 12 weeks of unpaid
family medical leave during a twelve-month period under the following
definitions and procedures:
(1)
Definitions.
(a)
Eligible employee: an employee who has worked
for the Town for at least 12 months and provided at least 1,250 hours
of service during the 12 months preceding the start of the leave.
(Eligible part-time employees' leave will be prorated.)
(b)
Family medical leave includes:
[1]
The birth, placement for adoption, or foster
care of a child;
[2]
The serious health condition of a spouse, child,
or parent;
[3]
The employee's own serious health condition;
[4]
To care for covered service members and veterans who incurred
a serious illness or injury in the line of duty; or
[5]
Any "qualifying exigency" arising out of the fact that a covered
military member serving in the National Guard, Reserves, or Regular
Armed Forces is called to active duty status in support of a contingency
operation. Exigency is defined as short-notice deployment (limited
to seven calendar days from notice), military events and related activities,
child-care and school activities, financial and legal arrangements,
counseling, rest and recuperation (limited to five days from FMLA
leave per leave), post deployment activities (up to 90 days from end
of deployment), and additional activities agreed to by the Town and
employee.
(c)
Twelve-month period: a "rolling" period measured
backward from the date an employee uses any family medical leave.
(d)
Serious health condition: an illness, injury,
impairment or physical or mental condition that involves:
[1]
Incapacity or treatment as in-patient in a hospital,
hospice, or residential medical-care facility; or
[2]
Incapacity requiring absence from work or other
activities for more than three calendar days and involves continuing
treatment of a health-care provider; or
[3]
Continuing treatment by a health-care provider
for chronic or long-term health condition which is incurable or if
left untreated would result in incapacity for more than three calendar
days.
(e)
Health-care provider: a doctor of medicine or
osteopathy authorized to practice within located state, or any person
determined by the Secretary of Labor, or others capable of providing
health-care services as defined by the Department of Labor Family
and Medical Leave Act rules.
(f)
Intermittent leave: time away from the job taken
in separate blocks of time due to a single illness or injury.
(g)
Reduced-leave schedule: reduction in the number
of hours per workday or workweek.
(2)
Procedure.
(a)
Notice. Eligible employees will provide written
notice of their intent to use family medical leave to the Director
of Human Resources 30 days in advance when the leave is foreseeable
for the birth or placement of a child or planned medical treatment.
When unforeseen events occur that require family medical leave, the
employee (spouse or family member) must provide notice as soon as
practicable. This would ordinarily mean at least verbal notification
within one or two business days of when the need for leave becomes
known to the employee. The notice will include the reason for the
leave, the date the leave shall begin, and the intended date of return.
The Town Manager or designee will provide a written response to the
employee within a reasonable amount of time. Leave for the birth or
placement of a child must be taken and concluded within the 12 months
following the birth or placement.
(b)
Medical.
[1]
Leave for serious medical conditions must be
supported by certification by a health-care provider. Certification
shall include:
[a]
Identification of the practitioner
and the type of medical practice.
[b]
The date the serious health condition
commenced and the probable duration of the condition.
[c]
Diagnosis of the serious health
condition.
[d]
Statement of the regimen of treatment
prescribed for the condition (including estimated number of visits,
nature, frequency and duration of treatment, including referred or
ordered treatment of other health-care providers).
[e]
In instances of the employee's
serious health condition:
[i]
Statement that the employee is
unable to perform work of any kind; or
[ii]
Statement that employee is unable
to perform the essential functions of position (based on statement
of essential functions of the position by the Director of Human Resources
or employee's department head, using job descriptions whenever possible).
[f]
Instances of care for a family
member:
[2]
The employee must certify the care he/she will
provide and an estimate of the time period. The certification must
be received with the notice of intent to use family medical leave
or within 15 days of being asked to do so. If the need for leave was
not foreseeable, the employee must still attempt to provide the certification
within 15 days or as soon thereafter as practical. Certification forms
are available through Human Resources.
[3]
If administration has reason to doubt the validity
of a medical certification, the employee may be required to obtain
a second opinion from a health-care provider designated by administration
at the Town's expense. If the two opinions differ, administration
may require a third opinion, which will be final and binding, from
a health-care provider mutually agreed to and at the Town's expense.
[4]
Recertification by the health-care provider
may be required every thirty days. Recertification must include the
employee's explicit intent to return to work and a probable date of
return. Recertification may be required more frequently if:
[a]
The employee requests an extension
of leave
[b]
Significant changes from original
certification circumstances
[c]
Administration's reception of information
which casts doubts upon the continuing validity of the certification,
and
[d]
The inability of the employee to
the continuation, reoccurrence, or onset of a serious health condition.
(c)
Intermittent leave/reduced schedule. Serious
health condition (employee or family member) family medical leave
may be taken intermittently or on a reduced schedule. Employees requesting
intermittent or reduced schedule family medical leave must make a
reasonable effort to schedule treatment so as not to disrupt the Town's
operations and administration. The Town may require a temporary transfer
to an alternative position to better accommodate the reoccurring periods
of leave. In no case will the increment of leave be less than one
hour.
(d)
Paid leave and benefits.
[1]
In all circumstances, accrued sick, vacation,
and personal leave, as well as compensatory time, must be used for
qualified family medical leave. Upon depletion of the available accrued
paid leave, the family medical leave becomes unpaid family medical
leave. It is the total of this time which will equal the twelve weeks
of family medical leave. During any portion of the family medical
leave to which the accrued paid leave is applied, the employee will
continue to accrue benefits and seniority. During any portion of the
family medical leave which is unpaid, the employee will not accrue
same.
[2]
The Town will continue the contribution to the
employee's group health plan during the family medical leave. The
employee will have his/her contribution deducted from the applied
paid leave. Upon the depletion of said leave, the employee must make
arrangements to pay his/her contribution to the health premiums. If
the employee fails to make his/her premium payment within 30 days
of the depletion of available paid leave, the Town will cease the
maintenance of health coverage. The Town will recover from the employee
premiums paid during any period of unpaid family medical leave if
the employee fails to return to work after the family medical leave
entitlement has expired, except in instance of continuation, reoccurrence,
or onset of qualifying family medical leave circumstances or other
circumstances beyond the control of the employee.
(e)
Restoration to position.
[1]
Employees not required to submit medical certification
must submit a report regarding the employee's status and his/her intent
to return to work on a probable date every 30 days. Employees on family
medical leave due to their own serious health condition must submit
certification from the health-care provider that the employee is able
to resume work, i.e., is fit for duty.
[2]
On return from family medical leave, the employee
will be returned to the same or an equivalent position (equivalent
benefits, pay and other terms and conditions of employment). The employee
has no "right" to be returned to the same position. The Town may deny
restoration to a key employee (one who is salaried and among the highest
paid 10% of employees) if it is necessary to prevent substantial and
grievous economic injury to the operations of the Town. Key employees
will be notified of this status by administration as soon as practicable,
and administration will notify said employees if restoration is denied.
(f)
Denial.
[1]
Conditions under which family medical leave
and/or reinstatement may be denied include (but are not limited to):
[a]
Ineligibility of employee;
[b]
Unqualified leave under the Family
Medical Leave Act;
[c]
Employee fails to give timely advance
notice for foreseeable leave temporary denial up to 30 days after
employee provides notice of need);
[d]
Employee fails to provide in a
timely manner requested medical certification (temporary denial up
to time of submittal);
[e]
Employee fails to supply fitness-for-duty
certificate (up to time of submittal);
[f]
Employee would not otherwise have
been employed if leave had not been taken;
[g]
Employee unequivocally advises
Town of intent not to return to work;
[h]
"Key" employee status;
[i]
Fraudulent acquisition of family
medical leave; and
[j]
Employment with another employer
while on family medical leave.
[2]
All notifications, certifications, and questions
must be submitted to the Director of Human Resources. Deliberation,
interpretation, and determination will be based on the Department
of Labor Family Medical Leave Act Rules and Regulations.
[3]
The decisions of the administration are final.
Aggrieved employees may pursue remedies through the U.S. Department
of Labor, Employment Standards Administration, Wage and Hour Division,
or through civil suit.
K.
Leave without pay. Upon approval of the appointing
authority, or his/her designee, an employee may be granted leave without
pay for a specified period of time. At the expiration of a leave without
pay, the employee shall return to the position or to a similar position.
Failure of the employee to report promptly at the expiration of such
leave shall be considered a resignation. Leave without pay shall not
constitute a break in service. However, during leave without pay in
excess of 30 calendar days, vacation and sick leave shall not accrue.
A copy of any such approved leave shall be submitted at once to the
Human Resources Department.
L.
Personal leave.
(1)
A permanent, provisional or probationary employee
may be granted time off with pay to conduct personal business provided
such leave is approved in advance by the immediate supervisor and
properly recorded on the weekly attendance sheets submitted to the
Human Resources Department.
(2)
Unless pursuant to a union contract, such personal
leave shall not exceed three days in any one calendar year and is
not cumulative from year to year. Personal leave for employees during
the first calendar year of employment only shall not exceed two calendar
days if hired on or after May 1 of that calendar year. Personal leave
for employees, during the first calendar year of employment only,
shall not exceed one calendar day if hired on or after September 1
of that calendar year.
(3)
Temporary, seasonal, and casual employees are not
entitled to personal leave.
(4)
Personal leave shall not be granted in conjunction
with vacation leave without the prior written consent of the appointing
authority.
M.
Administrative leave. Administrative leave may be
granted by the appointing authority for, but not limited to, power
failure, blood bank donations, bomb threat, snow removal emergencies,
etc. When certain nonessential employees of the Town are notified
not to report to work in the event of severe weather conditions, etc.,
they may be granted administrative leave and will receive their regularly
scheduled rate of pay for these hours. Essential employees who are
required to report to work will also be paid their regular rate of
pay for their regularly scheduled hours of work.
A.
Policy. To assure a high quality of service to the
public, selection will be from among the most competent individuals.
Selection and appointment to all positions will be based solely upon
job-related requirements and the applicant's demonstration that he/she
possesses the skills, knowledge, abilities and other characteristics
necessary for successful job performance. The procedures covered in
this section shall be considered minimum and shall not be construed
to conflict with special requirements as may be necessary and usual
to a particular department insofar as such special requirements exceed
these minimum procedures.
B.
Recruitment procedures.
(1)
When a vacancy occurs, the Human Resources Department
along with the department manager will review the functions, duties,
responsibilities and the organizational needs of the department to
ascertain whether the job description is still accurate or the job
is to be redefined. Changes to current job descriptions should be
discussed with the Human Resources Director, who will revise the job
description and determine the minimum qualification requirements necessary
for the successful performance of the job.
(2)
Initial consideration in the selection process for
a position shall be given to qualified in-house employees, as a method
of advancement and upward mobility. "In-house employee” means
any permanent full-time or part-time employee. Vacancies will be posted
for in-house consideration for five days.
(3)
If no in-house candidate is selected for a vacant
position, permanent employees who are laid off shall be given consideration,
prior to recruitment efforts, for vacancies in the grade from which
laid off for a period of one year.
(4)
If no in-house or laid-off candidate is selected for
a vacant position, the Human Resources Director will be responsible
for advertising the vacancy:
(a)
The Human Resources Director will publicize
the vacancy in such manner as to assure that all interested and qualified
individuals, including current employees, are informed of the position
title, duties, responsibilities, and salary range; minimum and special
qualifications for the job; the time, place and manner of making application;
and any other information which may be useful to applicants.
(b)
The methods of advertising vacancies will vary
depending upon the nature and requirements of the position being filled.
Additionally, recruitment efforts will be directed to all segments
of the community, including veterans and disadvantaged and minority
individuals.
(c)
To allow sufficient time for candidates to apply
for the position, recruitment efforts will be conducted for at least
10 days, unless otherwise provided for in any labor agreement.
C.
Application for employment. Deliberately false or
misleading statements and deception in attempting to secure employment
will be grounds for rejecting an applicant.
D.
Selection procedures.
(1)
The Human Resources Director shall determine the validity
of the examining device or combination of devices used to evaluate
the relative fitness of each candidate for the position.
(a)
The devices selected will relate to the duties
and responsibilities of the position for which candidates are being
examined and shall fairly appraise and determine the merit, fitness,
ability and qualifications of competitors to perform the duties of
the position.
(b)
A variety of devices may be employed, including
but not limited to: assessment of training, education and work experience;
written, oral and performance tests; physical exams; and reference
checks. Each device utilized will be administered and scored on a
standardized basis to insure equity.
(2)
Candidate review. The department manager or their
designee will review the applications of all candidates who have applied
for the position to determine whether each candidate meets the minimum
requirements established for the position.
(3)
Interview/selection.
(a)
The department manager or their designee in
conjunction with, or with the guidance and direction of, the Human
Resources Director will interview selected applicants certified for
the position.
(b)
The department manager will document the recommendation
for selection or nonselection, and a copy of this documentation shall
be filed with the Human Resources Department. It is the responsibility
of the Human Resources Department, in conjunction with the appointing
authority, to determine the starting salary of all people hired by
the Town.
(c)
For the purposes of complying with the Town's
affirmative action and E.E.O. policy, no selection may be announced
until approved by the Town Manager.
(d)
Selection process documentation. All department
managers are required to submit the following information to the Human
Resources Department before a job offer can be made.
(4)
Preemployment physical. No candidate or applicant
tentatively selected to fill a vacant position that requires a preemployment
physical may begin employment until the applicant has received a physical
examination by a Town-appointed physician and it is determined that
the person is physically able to fully perform all functions of the
position. Such procedures may be waived for seasonal or temporary
appointments.
(5)
Notification to applicants. All candidates interviewed
for the position will be informed by the selecting official, in a
timely manner, of their selection or nonselection.
(6)
Documenting the selection process. A record of the
recruiting, examining, and appointing procedures used will be retained
after the vacancy is filled. This record will include: the job description;
vacancy announcements; a listing of the source and methods of recruitment;
the applications of all those who applied or their names and addresses;
and the reasons for selection.
E.
Hiring of relatives. The appointing authority, including
the Town Manager and Town Clerk, shall not hire a person related to
him/her for any position. For purposes of this section, a relative
is defined as a husband, wife, mother, father, mother-in-law, father-in-law,
son, daughter, brother, sister, daughter-in-law, son-in-law, aunt,
uncle, or first cousin.
[Amended 6-20-2019 by Order No. 2019-208]
F.
Seasonal employees. All requests to hire individuals
on a seasonal basis must be submitted to Human Resources on a timely
basis. Every position must be requested annually. No individuals are
guaranteed a position in any subsequent season. All individuals must
reapply every year.
A.
Objective. The probationary period is an integral
part of the selection procedure allowing the supervisor, department
manager and appointing authority to train, observe, and evaluate an
employee's work in order to determine fitness for permanent status
in the position.
B.
Duration of probationary period. Each person promoted
or appointed to a permanent position shall be required to complete
successfully a probationary period which shall be of sufficient length
to enable the department manager to observe the employee's ability
to perform the various principal duties of the position. The probationary
period shall begin immediately upon original appointment and continue
for six months or, upon promotion, shall continue for three months
from the date of the appointment. Throughout the probationary period
the department manager will observe the employee's performance, and
any strengths or weaknesses in the employee's performance will be
discussed with the employee.
C.
Probation expiration. At least one month prior to
completion of the employee's probationary period the department manager
or designee will notify the Human Resources Director in writing that:
(1)
The employee's performance is satisfactory and that
the individual should be retained as a permanent employee in his position;
or
(2)
The employee's performance or conduct is unsatisfactory,
and that his/her removal is proposed as of a specific date prior to
the end of the probationary period. The department manager will furnish
reasons for the recommended dismissal.
D.
Removal of an employee.
(1)
An employee may be removed during the probationary
period if the employee is unwilling or unable to perform required
duties or if his/her habits or dependability do not merit continuance
in the position. The employee will be notified in writing why he/she
is being terminated and the effective date of the action. Such notification
will be transmitted by the Town Manager.
(2)
An employee may also be removed at any time if it
is determined that information submitted prior to appointment was
falsified.
A.
Promotion policy. Employees are encouraged to develop
new skills, expand knowledge of their work, assume greater responsibilities,
and make known their qualifications for promotion to more difficult
and responsible positions.
(1)
Vacancy announcements shall be distributed and posted
in appropriate Town buildings.
(2)
Current employees are encouraged to apply for any
vacancy for which they meet the requirements of the position.
(3)
No supervisor shall deny an employee permission to
apply for a vacancy.
(4)
When a Town employee's qualifications are judged to
be equal to or higher than outside applicants, the Town employee shall
be given preference.
(5)
When a person is promoted to a higher position, whether
temporary or permanent, a certificate attesting to that action must
be signed by the appointing authority, the Human Resources Director,
and the Director of Finance together with acceptance of the promotion
by the employee. Such employee shall receive a rate of pay at not
less than one full increment above his/her current rate of full pay,
but in no event greater than the maximum step, provided funds are
available.
B.
Demotion. An employee may be demoted to a position
of a lower grade for which he/she is qualified for any of the following
reasons:
C.
Transfer. A position may be filled by transferring
an employee from another position of the same or similar grade having
the same maximum pay rate, involving the performance of similar duties,
and requiring essentially the same basic qualifications. Interdepartmental
transfers must be approved by the department mangers so affected with
the concurrence of the Town Manager.
D.
Separation.
(1)
Retirement is the separation of an employee in accordance
with the provisions of the retirement system under which the employee
is eligible to receive benefits.
(2)
Resignation is the separation of an employee by his/her
voluntary act. An employee may resign in good standing from the jurisdiction
by submitting in writing the reasons therefor and the effective date
to the appointing authority or designee preferably at least 14 calendar
days in advance. The appointing authority or designee may permit a
shorter period of notice because of extenuating circumstances. The
resignation shall be forwarded to the Human Resources Director with
pertinent information concerning the reason for resignation. Copies
of the employee's letter of resignation will be placed in the employee's
human resources record.
(3)
Layoff. In the case of layoff or reduction of human
resources for lack of work or by reason of fiscal cutback, the laying
off or demotion of employees within each job title shall be determined
first by type of appointment in the following order: emergency, temporary,
provisional, probationary and then permanent. Within the type of appointment,
the order of layoff shall be determined by length of continuous service
with the Town, unless provided for otherwise in any labor agreement.
In no case shall such layoff or demotion be construed as a dismissal
for unsatisfactory performance. Permanent employees who are laid off
shall be given first consideration for subsequent vacancies in the
grade from which laid off, if no in-house candidate is selected, for
a period of one year. A layoff reemployment list will be maintained
in the Human Resources Department.
(4)
Vacation pay or any other accrued leave remuneration
due upon separation shall, upon submission of written application
by the department manager, and verification by the Human Resources
Director, be approved by the Town Manager.
A.
Purpose. The Town recognizes the need for an operating
performance appraisal system to:
(1)
Assess fairly and accurately an employee's strengths,
weaknesses, and potential for growth;
(2)
Encourage and guide the employee's development of
his/her special skills and work interests;
(3)
Assure the granting of increases and consideration
for more complex work based on merit;
(4)
Provide a method of improving operational programs
through employee input; and
(5)
Identify training needs.
B.
Procedures. The Human Resources Director with the
approval of the Town Manager shall be responsible for the establishment
and maintenance of the employee performance appraisal system. Employee
appraisal is the continuing day-to-day responsibility of the supervisor.
Each year, prior to effecting a step increase, the employee's supervisor
will make a written evaluation of each employee's performance.
(1)
Evaluation for step increase. Prior to an employee's
eligibility for a step increase, the supervisor will review the employee's
overall work performance and certify that the employee is performing
either at an acceptable or unacceptable level of competence for his/her
position. This certification will serve as the basis for granting
or denying the step increase. Certification will be filed with the
Human Resources Director, who will forward step raise approval (if
any) to the Town Manager for approval.
(2)
Annual employee appraisals. The annual appraisal is
the summary of the supervisor's observations of the employee during
the past year and a summary of the performance in terms of a variety
of job-related factors. The appraisal will also include a plan to
develop strengths, identify and improve weak areas, and record the
employee's observations of work assignments in the last year. Proper
use of the performance appraisal serves as a means for identifying
training needs, helping improve individual performance, recognizing
outstanding accomplishments, helping to strengthen employee/supervisor
relationships, emphasizing the employee's contribution to the Town's
programs, helping to identify strengths and weaknesses in the Town's
programs.
(3)
Procedure for annual evaluation.
(a)
The supervisor will make a written evaluation
of the employee's job performance considering any changes that have
occurred in the job or other factors which might affect job performance
and noting strengths and capabilities worthy of special mention and
areas where improvement is needed. The employee and supervisor will
then meet to conduct the annual employee-supervisor discussion.
(b)
Employee-supervisor discussion. The employee
and supervisor will begin the discussion with a review of the employee's
current job description to review and clarify job requirements and
duties assigned, and to note any major changes which have taken place
in the employee's job. The supervisor and employee should also discuss
the employee's career development plans, special work interests, projects
or assignments of interest, and particular training interests or needs.
The employee's general observations of the department's programs and
especially suggestions for improving assignments, functions, and work
procedures should be particularly encouraged. The employee should
have the opportunity to discuss any other points and may attach comments
to the supervisor's evaluation. The employee will then certify that
he/she has reviewed the appraisal and that it has been discussed with
him/her.
(c)
In some instances a second supervisory level
will also review the written evaluation, sign it, and make comments
if desired. The employee will have the opportunity to review and comment.
(d)
The evaluation will then be forwarded to the
Human Resources Director to become a part of the employee's human
resources record. Supervisors are encouraged to bring significant
program observations and career development plans of employees to
the attention of the appropriate official.
C.
Performance appraisals.
(1)
Newly hired employees who are in a probationary period
shall be evaluated at least thirty days prior to the expiration of
the probationary period. The supervisor or appropriate management
official shall make a positive determination that the employee is
performing in a satisfactory manner prior to the end of the probationary
period; and shall file a copy of this determination with the Human
Resources Department.
(2)
Permanent employees who receive a less than satisfactory
performance rating shall have their step increase, which is due in
July of each calendar year, delayed for six months, at which time
it will be granted if performance is brought up to a completely satisfactory
level, or denied if performance remains below satisfactory.
(3)
If an employee is rated unsatisfactory, the step increase
will be denied for the year.
D.
Performance counseling. Any employee who exhibits
substandard work performance should be counseled in the following
manner:
(1)
Initial counseling. For the first indication of substandard
work performance the supervisor should advise the employee of his/her
unsatisfactory performance and recommend specific areas for improvement
and establish a specific time period for improvement. A written record
may be retained within the employee's department.
(2)
Written documentation. If performance continues to
be substandard, the supervisor will state in writing:
(3)
Signatures. The written counseling memo should be
signed by both the employee and the supervisor and shall be maintained
within the department. If the employee refuses to sign, the supervisor
should have a witness sign that a copy was given to the employee.
The employee's signature indicates receipt of the document only, not
necessarily acceptance of its contents.
(4)
Responses to continued substandard performance. If
an employee continues to exhibit substandard work performance beyond
the established time limits and below the expected level, the options
available to the employee and supervisor will include reassignment,
demotion, or termination.
A.
Policy. It shall be the joint responsibility of the
appointing authority or designee and Human Resources Director to foster
and promote employee training programs, contingent upon funding, for
the purpose of improving the quality of personal service rendered
to citizens and aiding employees to equip themselves for advancement
in the service.
B.
Administration of the employee training program. The
Human Resources Director, with the approval of the Town Manager, shall
be responsible for:
(1)
Establishing standards for training programs.
(2)
Providing assistance to department managers in developing
and conducting training to meet the specific needs of their departments
and in developing and utilizing other techniques for increasing employee
efficiency.
(3)
Developing supervisory and management training and
other types of training and employee development programs common to
all departments.
(4)
Providing assistance to department managers in establishing
standards of performance and procedures for evaluating employee performance,
potential for growth, and identifying training needs.
(5)
Keeping records of all approved training courses and
programs and record of employees who successfully complete such courses
and programs.
(6)
Evaluating the effectiveness of training programs.
C.
Identifying training needs. At the time of the annual
supervisor-employee appraisal discussion, the supervisor and employee
should discuss areas where training is needed or desirable for performance
in the employee's present job, or would be helpful in developing additional
skills for growth into other positions in the Town service. The supervisor
should forward a written report of training needs, through department
managers to the Human Resources Director. Department managers should,
through contact with the Human Resources Director and the public community,
keep themselves apprised of training programs that may be of help
or interest both to themselves and to their employees, and should
nominate employees for appropriate training courses.
D.
Educational tuition reimbursement policy. To encourage
Town employees to further their educational, professional, and vocational
development, the Town will reimburse the cost of tuition and nonrefundable
fees for courses related to the employee's current position taken
from an accredited college, university, or technical school according
to established reimbursement rate schedules and budget limitations.
(1)
Eligibility. All regular, full-time employees are
eligible to participate in the tuition reimbursement program. It is
not the policy of the Town to reimburse the cost of tuition and fees
for any individual who is receiving or is eligible to receive assistance
from such other sources as scholarships, grants, and other subsidy
programs (e.g., GI. Bill).
(2)
Limitations. Employees are limited to three courses
per fiscal year with a maximum allowance of $500 per course.
A.
Policy. The Town reaffirms its strong commitment and
intent to provide a safe and healthful work environment. The Town
of Barnstable mandates that the personal safety and health of each
employee is of primary importance. The Town will strive to provide
the safest physical facilities for personal safety in keeping with
the highest standards, and will maintain a safety and health program,
embodying proper attitudes towards injury and illness prevention.
B.
Guidelines. The Town will be responsible for leadership
in the safety and health program and for providing safe facilities
and guidelines for ensuring the safety of human resources. It is understood
that safety is also the responsibility of each employee. Supervisors
are encouraged to develop proper attitudes toward safety and health
in themselves and in those they supervise to ensure that all operations
are performed with the utmost regard for the safety of all human resources
involved including themselves. Employees are expected to accept safety
and health guidelines to prevent injuries in the workplace. Departments
are encouraged to establish safety guidelines addressing any safety
concerns unique to their work site.
C.
Safety guidelines for municipal employees.
(1)
Learn the right way to do your job. Ask questions
about things you do not understand.
(2)
Use the correct tools and equipment for the job. If
not sure, ask.
(3)
Observe and follow recommended work procedures developed
by your supervisor.
(4)
Keep your work area in good order.
(5)
Avoid horseplay and so-called practical jokes. There
is nothing funny about an injury.
(6)
Report any unsafe conditions to your supervisor immediately.
(7)
Wear personal protective equipment as required including:
|
Visiblility vests
|
Eye protection
| |
|---|---|---|
|
Hard hat
|
Face shields
| |
|
Gloves
|
Hearing protection
| |
|
Safety shoes
|
D.
Safety Committee.
(1)
Composition. The Human Resources Director will work
with the Safety Committee consisting of department managers, directors
and such functional employees as may be necessary to provide constructive
input and to assure firsthand communication and action.
(2)
Purpose and function. The purpose of the Safety Committee
will be:
(a)
To arouse and maintain the interest of administration,
management, supervision and functional workers in accident and injury
prevention and keep them informed on safety matter.
(b)
To meet on a regular basis to discuss accident
and injury prevention, formulate safety policies for submittal and
approval of top level administration.
(c)
To review all accidents and injuries and develop
preventive measures.
(d)
To encourage all departments, divisions, and
sections to actively participate in safety activities in their own
enlightened self-interest.
(e)
To provide a valid, two-way communication system
between the Committee and administration and the workforce.
(f)
To provide an opportunity for free discussion
of accident and injury problems for the purpose of devising solutions
and preventive measures.
(g)
To disseminate safety information to all departments
and divisions along with their individual accident/injury records.
(h)
To receive reports from department or division
managers concerning accident/injury investigation and to evaluate
such reports for proper corrective action.
(i)
To report the findings, discussions and recommendations
of the Committee to top level administration for information and action.
(j)
To assist all departments and divisions in developing
and implementing a safety training and education system.
(k)
To encourage all departments and divisions to
institute a planned system of hazard discovery and control through
systematic observations of the workplace, job site or function.
A.
Discipline. It is the responsibility of all employees
to observe the policies and regulations necessary for the proper operation
of the departments in Town government.
(1)
Departmental responsibilities. The Manager of each
department is responsible for the proper and efficient operations
of their department for enforcing all policies and regulations. Supervisors
are authorized to apply, with the approval of the appropriate departmental
official, such disciplinary measures as may be necessary.
(2)
Reasons for disciplinary action. Disciplinary action
may be imposed upon an employee for conduct or actions which interfere
with or prevent the Town from effectively and efficiently discharging
its responsibilities to the public. The following shall be sufficient
cause for disciplinary action:
(a)
Neglect in the performance of the duties of
the position to which the employee is assigned.
(b)
Disregard for or frequent violations of Town
department policies and regulations.
(c)
Willful misuse, misappropriation, negligence,
or destruction of Town property or conversion of Town property to
personal use or gain.
(d)
Frequent tardiness or absence from duty without
prior approval.
(e)
Violation of any reasonable or official order,
refusal to carry out lawful and reasonable directions given by a proper
supervisor, or other acts of insubordination.
(f)
Habitual use of intoxicating beverages to excess
or abuse of narcotics, drugs, or other controlled substances so as
to interfere with job performance or the efficiency of Town service.
(g)
Use of alcoholic beverages, narcotics, drugs
or other controlled substances while on duty.
(h)
Unsuitable conduct which interferes with effective
job performance or has an adverse effect on the efficiency of the
Town service.
(i)
Disregard for or frequent violations of Town
bylaws or state laws.
(j)
Violation of privileged information or its use
for private gain.
(k)
Failure to observe safety practices, including
use of safety equipment such as eye protection or hearing conservation
devices or any other safety equipment deemed necessary by the supervisor
or appointing authority or designee.
(l)
Sexual harassment.
(m)
Any other conduct or action of such seriousness
that disciplinary action is considered warranted.
B.
Procedures for disciplinary action.
(1)
Oral reprimand. Whenever grounds for disciplinary
action exist, including but not limited to abuse of leave, absenteeism,
insubordination, misconduct, or failure to follow established safety
rules, and the supervisor determines that more severe action is not
immediately necessary, the supervisor should orally communicate to
the employee the supervisor's observation of the deficiency and offer
assistance in correcting the deficiency. At this point some specific
time period should be established between the supervisor and the employee
during which the problem should be corrected before any further action
is taken. Whenever possible, sufficient time for improvement should
precede formal disciplinary action. No notation in the employee's
human resources file is necessary. If no incidents of the behavior
which gave cause for the oral reprimand occurs in a twelve-month period
of time, the reprimand will be considered nullified.
(2)
Written reprimand. A written reprimand shall be addressed to the employee and will include: the charge; the specific behavior and the dates of the behavior (where appropriate) that support the charge; the warning that continuance of this behavior will result in more severe disciplinary action; an offer of assistance in correcting the behavior; any circumstances affecting the severity of the discipline; and advice on right of appeal. (See § 401-97.) A signed copy of the reprimand shall be sent to the Human Resources Director and shall be included in the employee's human resources file, and the employee will have the opportunity to submit comments for the human resources folder. Both documents will be purged from an employee's file at the end of 12 months.
(3)
Suspension. The manager of a department or designee (division supervisors) may suspend an employee, without pay, for up to, but not exceeding, 30 calendar days. On or before the effective date of the suspension, the employee will be furnished with a written statement setting forth reasons for suspension, the effective dates of the suspension, and the date the employee should return to work. The statement will also include the charge; the specific behavior and the dates of the behavior (where appropriate) that support the charge; the warning that continuance of this behavior will result in more sever disciplinary action; and offer of assistance in correcting the behavior; any circumstances affecting the severity of the discipline; and advice on right to appeal. (See § 401-97.) In certain instances, an immediate suspension may be warranted. (i.e., intoxication, assault, etc.) When this occurs, the employee may immediately be suspended, provided that the matter is coordinated with the Human Resources Department prior to the suspension. The employee will be notified within one working day regarding the length, terms, and reasons for the suspension as well as advice on rights of appeal. (See § 401-97.)
(4)
Dismissal. The Town Manager or designee may terminate an employee after due consultation with the Human Resources Director and the departmental manager recommending the dismissal. The employee must be given a written notice signed by the Town Manager specifying the effective date of the termination, the charge, the specific behavior and the dates (where appropriate) that support the charge, any circumstances affecting the severity of the discipline, and advice on right of appeal. (See § 401-97.)
(5)
Disciplinary action is generally a progressive procedure;
however, suspension or dismissal may be the initial step taken in
a disciplinary action depending upon the severity of the grounds for
disciplinary action.
(6)
When any formal disciplinary action is taken, a copy
will be forwarded to the Human Resources Department and placed in
the employee's official human resources file.
C.
Privacy and information. In all instances, both the
employee's right to privacy and the right of the public to have access
to public information shall be preserved, by observance of the appropriate
statutes and laws governing both.
A.
Grievance and discrimination complaint rights. Any
employee who feels that he/she has received inequitable treatment
because of some condition of employment or who feels he/she has been
discriminated against on the basis of race, color, national origin,
age, sex, creed, handicap or any other nonmerit factor may personally,
or through his/her representative, appeal for relief from that condition.
A nonselected applicant for employment who believes he/she was unlawfully
discriminated against in the examining and selection may also appeal.
It is understood that issues involving the increase or decrease of
general wage rates or salaries and issues not having to do directly
and primarily with the day-to-day working life of the employee and
relationships with his/her supervisor shall not be considered the
subject of a grievance. The employee or applicant may be represented
by a party of his/her choosing at any step in the procedure. Failure
by the employee or applicant or his/her representative to proceed
to a higher step within the time period specified will terminate the
grievance. Failure by management to render a decision within the allotted
time at any step constitutes denial, and the employee may then proceed
to the next step.
B.
Grievance procedure. Unless otherwise provided for
in an applicable labor agreement and except for probationary, seasonal
or temporary employees, all grievances shall be handled in accordance
with the following procedures. Related grievances may be consolidated
and processed as a single issue. Every effort will be made to resolve
the grievance at the lowest possible level. The steps follow:
(1)
Informal procedure: When an employee feels aggrieved,
he/she should contact his/her supervisor within three days of the
incident causing the alleged grievance. The supervisor should discuss
the issues and make a determination within one working day of being
contacted.
(2)
Step 1: If the issue remains unresolved, the employee
may present his/her grievance to his/her department head. If the department
head cannot make an immediate solution satisfactory to both parties,
the employee shall resume his/her regular duties. If the dispute involves
the employee's workload or schedule, he/she shall continue to work
as assigned until the dispute shall be resolved. If the grievance
is not resolved, the employee shall prepare a written statement of
the grievance, which shall be submitted to the Human Resources Director
within seven working days of the immediate supervisor's decision.
(3)
Step 2: The Human Resources Director shall accept,
review, and hear all such grievances, timely appealed; shall require
and receive such documents as may pertain to the grievance; and may
require the attendance of any Town official or employee it believes
to have information; and may hold a hearing and receive testimony
and recommend a disposition of the grievance to the appointing authority
within 10 days of the completion of its investigation of the matter.
(4)
Step 3: The appointing authority shall render a final
decision on the matter within 10 working days after receipt of the
Human Resources Director's recommendation.
C.
Discrimination complaint procedure. All discrimination
complaints shall be handled in accordance with the following procedure;
(1)
Step 1: An employee who feels that she/he has been
discriminated against should report it to her/his supervisor. If the
issue is not resolved to the satisfaction of the employee, or if the
employee for any reason does not feel comfortable reporting said compliant
to her/his supervisor, she/he should submit a written statement of
the discrimination complaint within 10 working days of the date he/she
becomes cognizant of the discrimination. The complaint must be submitted
to the appointing authority or designee. The complaint must state
the basis of the discrimination, the actions giving rise to the discrimination.
An applicant who believes she/he has been discriminated against should
report her/his complaint to the appointing authority or designee.
(2)
Step 2: The appointing authority or designee is authorized
to conduct the investigation and to require all employees of the department
to cooperate with the investigation. Every attempt shall be made to
complete the investigation within 15 workdays of receipt of the complaint.
The investigation shall include a thorough review of the circumstances
under which the alleged discrimination occurred; the treatment of
members of the complainant's group identified by his/her complaint
as compared with the treatment of other employees in the organizational
segment in which the alleged discrimination occurred; and any policies
and practices related to the work situation which may constitute,
or appear to constitute, discrimination even though they have not
been expressly cited by the complainant. Sufficient information should
be gathered through a survey of the general environment out of which
the complaint arose, so that any improper discrimination in the organizational
segment involved in the complaint can be detected, wherever possible,
so that remedial action can be taken; and any allegation of discrimination
not supported in any way by the facts can be identified as such so
that the alleged discriminatory official can be exonerated. The scope
of this survey may vary from case to case, depending on the circumstances
encountered. Some cases may point up the need for a broad survey,
covering the full range of significant human resources actions with
which the alleged discriminatory official was involved (such as appointments,
details, disciplinary actions, performance evaluations, promotions,
and training assignments) in, for example, the two-year period immediately
preceding the complaint. As a general rule, when the results of the
investigation are inconclusive, additional investigation should be
undertaken where this is feasible.
(3)
Step 3: The Equal Employment Officer will receive
and consider the results of investigation and will render a written
decision to the complainant and other involved parties within five
workdays of receipt of the investigator's findings.
(4)
Step 4: If the complaint is not resolved, the complainant
may appeal to the Massachusetts Commission Against Discrimination
and/or the Equal Employment Opportunity Commission, in accordance
with approved procedures of such agency.
D.
Sexual harassment policy. It is the policy of the
Town that no employee shall be subjected to sexual harassment. Sexual
harassment is defined as sexual advances, requests for sexual favors,
and other verbal or physical conduct of a sexual nature when submission
to or rejection of such advances, requests or conduct is made either
explicitly or implicitly a term or condition of employment or as a
basis for employment decisions; or such advances, requests or conduct
have the purpose or effect of unreasonably interfering with an individual's
work performance by creating an intimidating, hostile, humiliating
or sexually offensive work environment.
E.
Procedures for handling sexual harassment complaints.
Every employee of the Town of Barnstable has the right to work in
an environment free from sexual harassment. The Town has designated
a Sexual Harassment Officer who will promptly and thoroughly investigate
all complaints. The following sexual harassment complaint procedure
has been developed specifically to insure an orderly and fair investigation
process which protects the civil rights of all parties involved.
(1)
An employee who feels that she/he has been sexually
harassed should report a sexual harassment compliant to her/his supervisor
as soon as possible. If the issue is not resolved to the satisfaction
of the employee, or if the employee for any reason does not feel comfortable
reporting said complaint to his/her supervisor, she/he should report
the complaint to the Sexual Harassment Officer. The employee will
have a private meeting with the officer, at which time the officer
will document the complaint. The officer's account of the incident(s)
is meant as supporting documentation. The individual should prepare
her/his own written account of the occurrence. Both accounts should
include a description of the incident(s), the name of the alleged
harasser, times, locations, specific words/actions, and any witnesses
to the occurrence(s). Both accounts will be considered part of the
investigation.
(2)
The Sexual Harassment Officer will meet privately with the alleged harasser and inform him/her of the complaint. The alleged harasser should respond to the allegations, and the officer shall follow the procedures set forth in Subsection E(4) and (5) below. If the alleged harasser denies the charges, the Sexual Harassment Officer shall continue the investigation.
(3)
All investigation will be as thorough as necessary.
All witnesses will be contacted as required during the course of the
investigation. If the Sexual Harassment Officer determines that additional
witnesses need to be contacted, such witnesses will be contacted after
discussion with the complainant. Witnesses should be interviewed privately
and individually, and neither the alleged harasser nor the complainant
should be present. The statements of each witness should be documented.
(4)
Upon completion of the investigation, the Sexual Harassment
Officer shall draft a report outlining her/his findings and suggesting
a resolution. If sexual harassment is found to have occurred, the
Sexual Harassment Officer will meet with the Town Manager to recommend
appropriate disciplinary action. Appropriate disciplinary action to
confirmed charges includes an oral warning or reprimand, a written
warning or reprimand to be placed in a human resources file, sensitivity
training, suspension, demotion, termination, or some combination of
the above. The investigation report and all documentation shall be
kept in the Sexual Harassment Officer's confidential files.
(5)
The Sexual Harassment Officer will write a summary
of the investigation and the disciplinary action decided upon by the
appointing authority. Both the complainant and the harasser shall
receive the summary. If a complaint is substantiated, the summary
shall go in the human resources file of the harasser. If the complaint
is unsubstantiated, the summary shall be kept only in the Sexual Harassment
Officer's confidential file.
F.
Responsibilities of the Sexual Harassment Officer.
(1)
The Sexual Harassment Officer should make all efforts
to publicize his/her availability and to maintain an accessible office.
(2)
The Sexual Harassment Officer shall handle each situation
with discretion, sensitivity and due concern for the dignity of all
parties involved.
(3)
In all instances involving alleged sexual harassment,
the Sexual Harassment Officer is a neutral fact-finder. The officer
should take care to set aside personal feelings towards the individuals
and issues involved.
(4)
When an individual consults with the officer, the
officer should provide the individual with a copy of the agency's
sexual harassment policy. The officer should explain applicable grievance
procedures in detail.
(5)
The Sexual Harassment Officer should inform each complainant
that the officer will conduct an investigation of the complaint on
behalf of the Town, but that the complainant also has the right to
file a complaint with other forums which handle sexual harassment
complaints. The officer may explain the differences between the forums.
The officer should inform the complainant of the need to check on
filing deadlines, as each agency has a specific time limit within
which to file a complaint from the date of the alleged incident. The
following agencies handle sexual harassment complaints:
(a)
Massachusetts Commission Against Discrimination:
MCAD is authorized by law to investigate complaints and to order appropriate
remedies.
(b)
Equal Employment Opportunity Commission: EEOC
is authorized by law to investigate complaints and to order appropriate
remedies.
(c)
State Office of Affirmative Action: SOAA is
authorized by executive order to investigate grievances of state employees.
(d)
An individual may also file a complaint through
the grievance procedure, if covered, in her/his collective bargaining
agreement.
(6)
The Sexual Harassment Officer shall make available
to all employees informational materials on sexual harassment policy.
The officer should also have information from the agencies that handle
sexual harassment complaints. The Sexual Harassment Officer should
have such materials available for those persons filing an allegation
as well as materials which can be used for general educational purposes
for Town employees.
(7)
All investigations must be conducted as expeditiously
as possible.
(8)
The Sexual Harassment Officer should keep an investigation
as private as possible and should not discuss the complaint or the
investigation with nonauthorized persons. Authorized persons shall
include only the officer's supervisor and appointing authority, unless
such individuals are parties to the complaints.
(9)
When conducting an investigation, the Sexual Harassment
Officer shall maintain accurate and complete documentation of all
conversations and correspondence regarding the complaint. The investigation
file shall be kept in a safe, confidential location separate from
regular human resources files.
(10)
When discussing the incident with the complainant,
be sure to include the following questions:
(a)
What happened?
(b)
When did it happen?
(c)
Who is the alleged harasser?
(d)
How long have you known this individual?
(e)
Where did the incident occur?
(f)
Did anyone see or hear the incident?
(g)
Has something happened before?
(h)
What did you do?
(i)
What did you say?
(j)
Did you talk with anyone about this incident?
(k)
Did you document the incident? If not, the officer
shall request that the complainant write down exactly what happened,
where, when, with whom, etc., and submit it to the officer as soon
as possible, preferably within a day or two.
(l)
What remedy do you suggest?
(11)
When discussing the complaint with the alleged
harasser, be sure to include the following:
(b)
Did anyone see or hear the incident?
(c)
Has something happened before with (complainant)?
(d)
Have you spoken with anyone at work about this
incident?
(e)
Did you document the incident? If not, the officer
shall request that the alleged harasser write down exactly what happened,
where, when, with whom, etc., and submit it to the officer as soon
as possible, preferably within a day or two.
(12)
The Sexual Harassment Officer shall make a determination
following and investigation of the complaint. Possible findings include:
a substantiated complaint, an unsubstantiated complaint, or a knowingly
false claim. Upon completion of an investigation, the Sexual Harassment
Officer shall draft a report outlining: the alleged incident(s) of
harassment; the response of the alleged harasser to the complaint;
the details of the investigation, including who was interviewed, what
each interviewee said and how each reacted; supporting documentation;
and the Sexual Harassment Officer's findings and recommended resolution.
(13)
If the officer finds that sexual harassment
occurred, the officer shall meet with the appointing authority to
recommend appropriate disciplinary action.
(14)
The officer shall send to the parties to the
complaint a letter summarizing the investigation and the outcome,
as well as any disciplinary action that will be taken. The officer's
investigation report outlining the results of the investigation, the
disciplinary action taken, and any supporting documentation shall
remain in the Sexual Harassment Officer's confidential files.
A.
Financial records. The Human Resources Director shall
be responsible for the maintenance of a financial record for each
employee. This record shall include: position classification, annual
salary, date of last increment, salary deductions, Workers' compensation
or injury claims or payments, and any other financial records that
may be necessary.
B.
Human resources records. The Human Resources Director
shall be responsible for the maintenance of human resources records,
including the original application and resume for employment, the
results of all tests and examinations taken to demonstrate qualifications,
the employment history, current employment status, commendations,
record of disciplinary actions, training records, required licenses
and other records pertinent to the employee's service, including accumulated
sick leave, vacation and other leave.
C.
Retention of records. Such records shall be maintained on a current basis for each employee. Records of former employees shall be maintained for at least three years following separation from the service. Records of disciplinary actions shall be purged from the human resources records as provided in § 401-81.
D.
Employee's right to see records. Any employee may
arrange to see his/her human resources and financial records upon
request to the Human Resources Director and at reasonable intervals.
E.
Documentation of human resources actions. All human
resources actions will be documented to insure accurate maintenance
of human resources records relative to leave, employment, and personal
status changes. Responsibility for documentation is as follows:
(1)
Status changes.
(a)
Requests for human resources actions such as
changes in classification (i.e., reallocation of a position, abolishment
of position or class, revision of a grade, or creation of new position,
step increases, appointment, completion of probationary period, dismissal,
suspension, or transfer (temporary or permanent) should be initiated
by the department manager or other authorized official, generally
at least two weeks prior to the effective date of such action, and
forwarded to the Human Resources Department. Signatures of the department
manager, Director of Human Resources, Director of Finance, and the
Town Manager must be obtained on the human resources action form must
appear on any human resources action, prior to becoming effective.
(b)
Notices of human resources action such as resignations
or changes in address, name, telephone number, marital status, dependents,
etc., should be initiated by the employee and submitted to the supervisor
two weeks prior to the effective date of such action or as soon as
possible. Department managers will forward the notice to the Human
Resources Department. Department managers should advise employees
to report such changes, as well as adjustments in education and skills,
whenever such changes occur to assure proper maintenance of records
and human resources files.
(c)
The Human Resources Director will document all
human resources actions effected in the employee's human resources
record.
A.
General policy. All employees are prohibited from
engaging in any conduct which could reflect unfavorably upon the Town.
Employees must avoid any action which might result in or create the
impression of using public office for private gain, giving preferential
treatment to any person, or losing complete impartiality in conducting
Town business. Additional information can be found in the ethical
guidelines of the Administrative Procedures.[1]
B.
Receipt of gifts.
(1)
Employees are expressly prohibited from soliciting
or accepting gifts, gratuity, favors, entertainment, loans, or any
other item of monetary value from any person who has or may be seeking
to obtain business with or privilege from the Town, or from any person
within or outside Town employment whose interests may be affected
by the employee's performance or nonperformance of official duties.
(2)
Acceptance of nominal gifts in keeping with special
occasions, such as marriage, retirement, or illness; food and refreshments
in the ordinary course of business meetings; or unsolicited advertising
or promotional material, e.g., pens, notepads, calendars of nominal
intrinsic value, is permitted.
(3)
Flower funds or gifts for fellow employees. Contributions
made for such funds or special gifts are not prohibited. However,
participation in such activities, including contributions for even
nominal gifts to supervisors must be wholly voluntary on the part
of each employee, and any gifts should be of minimal value.
(4)
Supervisors and department managers. The policies
described in all above sections shall apply to supervisors and department
managers, appointed or otherwise. In addition, supervisors and department
managers must avoid placing themselves in a position which could interfere
with, or create the impression of interfering with, the objective
evaluation and direction of their subordinates. No supervisor shall
accept gifts from subordinates other than those of nominal value for
special occasions, and no supervisor or department manager shall borrow
money or accept favors from any subordinate.
C.
Business activities and solicitation. No employee
shall engage in any business other than his/her regular duties during
working hours; this regulation specifically excludes such activities
as solicitation of fellow employees, lending of money for profit or
any similar activity.
D.
Outside employment. Upon proper notification to and
at the discretion of the appointing authority or designee, an employee
may engage in outside employment,. However, no employee may engage
in additional employment which in any manner interferes with proper
and effective job performance, results in conflict of interest, or
may subject the Town to public criticism or embarrassment. If the
appointing authority or designee determines that such outside employment
is disadvantageous to the Town, then he/she shall so notify the employee
in writing that the employee must terminate either outside employment
or Town employment.
(1)
Preference of Town employment. Employees who engage
in employment outside of regular working hours shall be subject to
call to perform regular Town duties first.
(2)
Injury and illness. The Town shall in no respect be
liable nor grant injury leave in case of injury to any employee while
engaged in outside employment, nor any occupational illness attributed
to the outside employment.
E.
Privileged information. Employees may deal with plans
and programs of significant public interest. Employees must not use
this privileged information for their own financial advantage or to
provide friends and acquaintances with financial advantages, or with
information which could be used for financial advantage. If an employee
finds that he/she has an outside financial interest which could be
affected by Town plans or activities, he/she must immediately report
the situation to his/her supervisor. Each employee is charged with
the responsibility of insuring that he/she releases only information
that should be made available to the general public. Violation of
privileged information or use for private gain is just cause for discharge
of the employee. (Freedom of information and privacy laws are to be
observed.)
F.
Use of property. Employees, supervisors and department
managers will not, directly or indirectly, use or allow the use of
Town property of any kind for other than official activities.
G.
Political activity.
(1)
All employees are entitled to exercise their rights
as citizens to express their opinions and to cast their votes. Town
employees may not:
(a)
Use official authority or influence for the
purpose of interfering with or affecting the result of an election
or nomination for office;
(b)
Directly or indirectly coerce, attempt to coerce,
command, or advise a state or local officer or employee to pay, lend
or contribute anything of value to a party, committee, organization,
agency or person for political purposes; or
(c)
Use Town resources, equipment, or money for
any election or campaign purposes while on Town time or in a Town
uniform. Supervisors and managers may not at any time participate
or contribute money, labor, time, or other valuable thing to any person
campaigning for a position on the Town Council of the Town of Barnstable.
(2)
Town employees may: unless prohibited or restricted
by the Charter, statute or ordinance, seek election to any elective
office, provided that the employee shall resign or take an unpaid
leave of absence if the campaign for the office or service in it causes,
in the judgment of the appointing authority, any articulable adverse
effects in the employee's performance of duty.
A.
Barnstable Employee Suggestions for Teamwork (BEST).
(1)
BEST is an initiative that solicits and reviews employee
suggestions and awards cash or recognizes employees for ideas that
save money, generate revenue or benefits the Town in some other way.
BEST is created to tap the resourceful ideas of employees and to encourage
teamwork. Barnstable's employees are the experts at what they do and
probably have seen or know of a way to make this organization the
best it can be. The BEST program is designed to meet certain organization
objectives:
(a)
Ensure the level of quality service being delivered
to the residents of Barnstable;
(b)
Reduce the cost of operation or production whenever
possible;
(c)
Increase the amount of communication between
and among employees and management;
(d)
Increase the level of job satisfaction among
all employees;
(e)
Increase employee morale, safety, health, and
productivity;
(f)
Recognize employees for their creativity;
(g)
Allow employees to participate in the decision-making
process of the organization and encourage bottom-up process;
(h)
Create an environment which encourages innovation
and creativity.
(2)
Program operation. The BEST program will be administered
by a program coordinator and a BEST Committee. The following is a
brief outline of how the program operates:
(a)
All suggestions will be submitted on the standard
BEST suggestion form.[1] All suggestions will be forwarded directly to the program
coordinator, who will immediately date and time stamp each suggestion,
make preliminary determination concerning eligibility, immediately
notify the employee appropriately, and thank the employee for participating
in the program.
[1]
Editor's Note: The BEST suggestion form is included as an attachment to this chapter.
(b)
The program coordinator will study the suggestion
following the procedures outlined in these procedures. The program
coordinator then completes a standard BEST evaluation form listing
all tangible and intangible benefits of the suggestion and stating
whether or not the suggestion can be implemented. Finally, the program
coordinator will report his/her findings back to the department manager
for review.
(c)
The program coordinator will then forward the
suggestion to the appropriate department manager to be evaluated.
(d)
The department manager will check the evaluation
for thoroughness and fairness. He or she will then sign and return
the evaluation to the program coordinator with appropriate comments
or further information.
(e)
The program coordinator will schedule review
and evaluation of the suggestion at the next BEST Committee meeting.
(f)
The BEST Committee will review the findings
relating to each suggestion, evaluate the suggestion and recommend
an award, if appropriate. The Committee may request additional information
if further information proves necessary to determine the merits of
a suggestion.
(g)
The Finance Department will review any suggestions
recommended for award.
(h)
The department manager and the suggester will
be notified of the decision made by the BEST Committee. The award
will then be presented to the suggester. Awards shall require final
approval by the Town Manager. Awards will be presented to employees
by the Town Manager and department manager.
(i)
An entire cycle with a suggestion must be completed
within 122 calendar days of initial submittal.
B.
Program coordinator. The BEST program coordinator
has the following duties and responsibilities:
(1)
To notify employees of the disposition of suggestions;
(2)
To develop policy and procedures;
(3)
To serve as chairperson on the BEST Program Committee;
(4)
To train employees to be suggesters;
(5)
T develop and maintain records and an automated recordkeeping
system;
(6)
To continually promote and maintain the program; and
(7)
To prepare management reports or presentations to
the Town Manager on a quarterly basis.
C.
Program Committee. The BEST Program Committee has
the following duties and responsibilities:
(1)
To meet on a monthly basis;
(2)
To review and process all suggestions recommended
for award by the program coordinator within 34 calendar days from
the date the suggestion is returned to the BEST office;
(3)
To review policy and procedures and make the necessary
revisions; and
(4)
To hear all requests for appeal by suggesters and
decide on their merits.
D.
AWARD
ELIGIBILITY
EVALUATION
IDEA and SUGGESTION
SUGGESTER
SUGGESTION
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The monetary or nonmonetary settlement presented to the suggester
for a suggestion that is accepted and implemented.
Refers to the immediate acceptance or rejection of a suggestion
or suggester.
The action taken to determine the feasibility and benefits
of implementing a suggestion.
Are used interchangeably.
The employee, a current or potential participant in the suggestion
program.
An idea which poses a problem, potential problem or opportunity;
presents a solution; is written on the prescribed suggestion form;
is signed by the suggester(s); and has been received and date/time
stamped in the appointed suggestion office.
E.
Forms.
(1)
The program requires that all suggestions be submitted
on a standard BEST suggestion form.[2] The form will include instructions for submitting a suggestion
and the pertinent rules of the program. Space will also be provided
to describe the present procedures or methods of operation and sufficient
space to write the new method or improvement.
[2]
Editor's Note: The BEST suggestion form is included as an attachment to this chapter.
(2)
A BEST suggestion evaluation form will be completed
and attached to all eligible suggestions. This form will be signed
by the program coordinator and the department manager.
(3)
The program coordinator can develop and install additional
forms into the BEST program.
F.
Eligibility.
(1)
The suggestion. The general eligibility criteria for
suggestions are as follows:
(a)
A suggestion may be entirely new or may be a
new application of an old idea which can be adapted for the Town of
Barnstable's benefit. All suggestions will be accepted for review.
(b)
All suggestions must pertain to conditions over
which the Town of Barnstable has control and not to those regulated
by political or private concerns and businesses.
(c)
Suggestions relating to any activity of the
Town of Barnstable may be submitted.
(d)
In case of duplications, the suggestion that
is received first will be considered for award.
(e)
Suggestions may be submitted by a group of employees
or by individuals.
(f)
The eligibility of unusual or borderline suggestions
will be determined by the BEST Committee and the program coordinator.
(g)
The following items are ineligible for suggestions:
[1]
Those ideas suggested which are currently under
active consideration by the department affected.
[2]
Those ideas which are duplicates of suggestions
submitted within a two-year period.
[3]
Those suggestions which express personal grievances,
positions classification, or salary recommendations.
[4]
Those which do not propose a method or way to
make the improvement.
[5]
Those which correct a condition that exists
only because established procedure is not being followed.
[6]
Matters which are the result of assigned or
contracted auditing, studies, surveys, reviews, or research.
[7]
Those that propose method or materials that
require costly testing prior to acceptance and implementation, that
is, the suggestions must be cost-effective.
[8]
Changes in legislated fees or taxes.
(2)
The suggester. All current employees of the Town of
Barnstable, with certain exceptions as described below, are eligible
to participate in this program.
(a)
Divisional supervisors are responsible for planning
and developing ideas relating to their operations as a part of their
regular duties. Therefore, divisional supervisors will be eligible
to submit only suggestions which do not apply to their areas of responsibility.
(b)
Those employees serving on the BEST Committee
and are directly connected with the BEST program are not eligible
to submit suggestions.
(c)
Assistant department managers, department managers,
the Assistant Town Manager(s), and the Town Manager are ineligible
to participate in the program.
(d)
A determination as to the eligibility of a suggester
will be made by the program coordinator. Any employee may appeal this
determination to the program coordinator and the Human Resources Director,
in that order.
(e)
Any eligible employee submitting a suggestion
which is placed into effect shall not lose his/her eligibility for
a monetary award by reason of termination of employment or by becoming
ineligible subsequent to submission for the suggestions, if the suggestion
is implemented within two years of submittal.
H.
Rights of the suggester:
(1)
To receive a fair, thorough evaluation of an idea.
(2)
To remain anonymous until an award has been granted,
unless indicated otherwise on the suggestion form.
(3)
To request a reinvestigation if the suggester feels
that the tangible benefits are greater than that determined by the
evaluation.
(4)
To request reinvestigation of a nonadopted suggestion,
if the suggester feels the suggestion has not received a fair hearing
or that additional information will clarify the idea and make acceptance
more likely.
(5)
To obtain patent rights to the idea, although the
Town of Barnstable has the right to use the idea at no further cost.
(6)
To appear before the BEST Committee or program coordinator.
I.
Determining awards.
(1)
Suggestions deemed eligible for award will be evaluated
by the benefit received.
(a)
Tangible benefits: cost savings or revenue generating.
The award will be based on 15% of the first year's net cost savings
or revenue generated, with a maximum of $5,000 dollars per suggestion.
(b)
No final award will be given until the suggestion's
savings have been actualized. The actualized savings report will be
reviewed by the Finance Department.
(c)
The award shall be made from the account to
which the savings or revenue accrue.
(2)
If the first year's net estimated benefits were incorrect
and the error resulted in the underpayment to the employee, the employee
will be paid the appropriate additional award amount, upon an audit
conducted annually by the Finance Department, in consultation with
the BEST Committee and program coordinator. In the case of group suggestions
all eligible suggesters who have signed the suggestion form will receive
an equal share of the cash award.
(3)
The Town of Barnstable reserves the right to amend
the BEST program award structure at any time and without prior notice.
(4)
BEST awards made to Town of Barnstable employees for
suggestions are subject to FICA and income tax withholding.
J.
Evaluation and implementation.
(1)
The evaluation process will answer the following questions
concerning any suggestion:
(2)
Although each suggestion is different and will have
to be evaluated for each specific situation, an overview of the evaluation
process is as follows:
(a)
All suggestions will be evaluated in accordance
with the policy and procedures established by the BEST coordinator.
(b)
The program coordinator will send a copy of
each suggestion, with a blank evaluation form, to the department manager
in the affected department(s).
(c)
Once the evaluation by the department manager
has been completed, a report will then be forwarded to the BEST program
coordinator.
(3)
BEST program guidelines allow 60 calendar days to
evaluate any suggestion. If the program coordinator determines that
additional time is required to evaluate or test the suggestion, he/she
must notify the BEST Committee immediately with an approximate date
of completion.
(4)
BEST Program guidelines allow 28 calendar days for
the initial implementation of approved suggestions. It is important
that this time period be adhered to as closely as possible since no
suggesters will be paid awards until the suggestion has been implemented
and evaluated. If additional time is needed for implementation it
should be coordinated through the BEST program coordinator.
K.
Role of the program coordinator. The program coordinator's
responsibility is to gather facts, make a decision on the facts and,
if appropriate, have the suggestion implemented. The program coordinator
shall give careful consideration to the following:
(1)
Be objective, do not let personalities influence the
evaluation;
(2)
Approach the evaluation in a positive manner and look
for ways the idea can be used rather than way it cannot;
(3)
Thoroughly investigate all possibilities for adoption;
(4)
Review records, files, and other background documentation
pertaining to the suggestion;
(5)
Talk to the employees involved in the current process,
operation or activity;
(6)
Be factual. A factually complete evaluation reveals
to the suggester that the idea received a professional and objective
review.
L.
Legal aspects.
(1)
The Town of Barnstable has the exclusive right to
determine award policy and structure, and retains the right to revise
the terms and conditions of the program, or to terminate it any time
without notice.
(2)
The decisions and actions of the BEST Committee are
final and conclusive, including eligibility of employees, acceptance
or rejection of a suggestion, the value or benefit of a suggestion,
and the amount and type of award.
(3)
All suggestions must be signed, in the space allotted
at the bottom of the suggestion form, to show that the suggester has
read and agrees to the terms printed on the back of the form and in
the space just above the signature.
(4)
In case of duplications, the suggestion that is received
first will be considered for award. In case duplicated suggestions
are received at the same exact time, the award will divided equally.
(5)
The life of a suggestion is 24 months from the date
it was stamped in as received by the BEST office. The suggester may
ask for a two-year extension by sending a memorandum or a suggestion
form with the number of the suggestions and a request for extension.
(6)
A suggester is eligible and will receive any awards
due, regardless of employment status at the time of implementation;
i.e., the suggester may be on leave of absence or terminated and still
be eligible to receive the award.
(7)
In case of a suggester's death prior to adoption and
implementation, the award will be made to his or her beneficiary.
(8)
The suggester is free to seek patent or copyright
protection for his or her suggestion, but the Town of Barnstable has
the right to use the idea without further cost, once it has been awarded.
(Reserved)
