[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:
ALLOCATION
The assignment of an individual position to an appropriate grade on the basis of kind of work, duties, and the responsibilities of the position.
APPOINTING AUTHORITY
The Town Manager is the Appointing Authority, except as provided for in Section 4-2 of the Charter.
APPOINTMENT
The placement of a person in a position.
CERTIFICATION
The act of supplying a Department with the names of applicants deemed eligible for appointment to a vacant position.
CLASSIFICATION
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.
CLASSIFICATION STUDY
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.
COMPENSATION
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.
COMPENSATION PLAN
See “pay plan.”
DEMOTION
The movement of an employee from a position in one grade to a position in another grade with a lower maximum pay rate.
DEPARTMENT
A major functional unit of the Town government.
DEPARTMENT MANAGERS
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.
DISCHARGE or DISMISSAL
The permanent, involuntary termination of a person from Town service.
DISCIPLINARY ACTION
An oral warning, written reprimand, suspension, demotion, or dismissal taken for cause by the appropriate authority.
DIVISION
A major functional unit of a department.
EFFECTIVE DATE
The first workday of a pay period following the eligibility date for a change in pay to be implemented.
ELIGIBLE
A person who has met the minimum requirements established for a position and whose name has been placed on an eligible list.
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.
EMPLOYEE
A person occupying an appointive position, or an appointive person who is on authorized leave of absence, who is not an exempt official.
EMPLOYEE, PROBATIONARY
An employee who has not completed six months of continuous service with the Town in one or more permanent budgeted positions.
EMPLOYEE, TEMPORARY
Any individual employed for a period of time not to exceed six months or for some longer temporary period approved by the Town Manager.
EMPLOYMENT DATE
The date on which an employee commences performance of duties and is placed on the payroll.
EXAMINATION
All of the tests of fitness taken together that are applied to determine the fitness of applicants for positions of any class.
EXEMPT OFFICIAL
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.
GRADE
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.
GRIEVANCE
A misunderstanding or disagreement between an employee and a supervisor that relates to policies, rules, and regulations of the Human Resources Code.
HUMAN RESOURCES ACTION
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.
INCUMBENT
The current occupant of a position.
JOB DESCRIPTION
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.
LATERAL REASSIGNMENT
Reassignment of an employee to a position in the same pay grade but having different duties and responsibilities.
LAYOFF
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.
LEAVE
An authorized absence from regularly scheduled work hours which has been approved by proper authority.
ON CALL
Available to be called back to work outside officially scheduled work hours.
OPEN COMPETITIVE EXAMINATION
An examination open to any person who meets and complies with prescribed requirements for admission.
ORIGINAL APPOINTMENT
The competitive appointment of a person from outside Town employment to a continuing position in Town government.
OVERTIME
Time an employee is directed and authorized to work in excess of the normal workweek.
PART-TIME POSITION
The incumbent in such a position is one who works each week but less than a full workweek.
PAY PLAN
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.
PAY STATUS
A period of active employment, including vacation and sick leave.
PERFORMANCE PLANNING AND REVIEW
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.
PERMANENT EMPLOYEE
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.
POSITION
A group of current duties and responsibilities assigned or delegated by appropriate authority to one person.
PROBATIONARY PERIOD
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.
PROBATIONARY EMPLOYEE
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.
PROMOTION
The movement of an employee from a position of one grade to a position of another grade with a higher maximum pay rate.
PROVISIONAL APPOINTMENT
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.
REALLOCATION or RECLASSIFICATION
The assignment of a position to a grade different from the one to which it was previously assigned.
SEASONAL/CASUAL EMPLOYMENT
An individual who works limited periods of time (i.e., lifeguards, beach supervisors, gatepersons, etc.).
SENIORITY
An employee's uninterrupted, continuous length of service as a permanent employee with the Town.
STEP INCREASE
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.
SUSPENSION
An involuntary absence without pay imposed on an employee for disciplinary action or pending final outcome of appeal.
TEMPORARY APPOINTMENT
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.
TEMPORARY POSITION
A specific position which is time limited, not to exceed six months unless authorized by the Town Manager.
TRANSFER
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.
WORKWEEK
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.
(a) 
The following factors shall not affect eligibility for a step increase:
[1] 
Overall pay adjustment resulting from any pay survey.
[2] 
Transfer within grade, providing supervisory responsibility remains intact.
[3] 
A period of paid leave.
(b) 
An employee receiving workers' compensation will not be eligible for a step increase until the employee returns to work; and the increase will become effective on the date of return to work, provided that the employee has worked a minimum of six months during the evaluation period.
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:
(1) 
The rate in the lower grade which provides the smallest decrease in pay; if the action is not for cause; or
(2) 
Any appropriate rate, as determined by the appointing authority, in the lower grade which is less than the existing salary if the action is for cause.
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 $150 per day for any unused sick leave to a maximum of 150 days. This amendment shall take effect on July 1, 2024.
[Amended 5-1-2024]
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:
[i] 
Statement that the family member is in need of the employee's assistance for basic medical, hygiene, nutritional needs, safety, or transportation; or
[ii] 
Statement that the employee's presence would be beneficial or desirable for the care of the 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.
[1] 
Interview questions.
[2] 
Reference check sheets.
[3] 
Interview report sheets.
[4] 
Race/gender breakdown of those interviewed.
[5] 
Recommendations for hire, reasons.
(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:
(1) 
When an employee would otherwise be laid off because that employees position is being abolished.
(2) 
When the employee voluntarily requests a lower classification.
(3) 
When the employee can no longer fulfill the requirements of the position.
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:
(a) 
The specific deficiencies observed in the employee's performance;
(b) 
The necessary improvement;
(c) 
The period of time in which improvement must occur, and
(d) 
What further action will result if the employee fails to show satisfactory improvement.
(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:
(a) 
Ask the alleged harasser to describe the incident:
[1] 
Where did the incident occur?
[2] 
When did the incident occur? (time/day)
[3] 
What did you do?
[4] 
What did you say?
[5] 
What did (complainant) do?
[6] 
What did (complainant) say?
(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.
(2) 
Leave. Notices of use of leave or requests for leave should be initiated by the employee and submitted to their supervisor or designee prior to the commencement of the leave, as indicated in § 401-89.
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]
[1]
Editor's Note: See Art. II, Code of Ethics.
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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AWARD
The monetary or nonmonetary settlement presented to the suggester for a suggestion that is accepted and implemented.
ELIGIBILITY
Refers to the immediate acceptance or rejection of a suggestion or suggester.
EVALUATION
The action taken to determine the feasibility and benefits of implementing a suggestion.
IDEA and SUGGESTION
Are used interchangeably.
SUGGESTER
The employee, a current or potential participant in the suggestion program.
SUGGESTION
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.
G. 
Responsibilities of the suggester:
(1) 
Submit the signed suggestion to BEST using the proper form(s).
(2) 
Describe a problem, its solution, and the benefits to be gained, in as much detail as possible.
(3) 
Report safety hazards immediately to the proper person, then submit the safety suggestion.
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:
(a) 
Is the suggestion an improvement over what currently exists?
(b) 
Can the suggestion be implemented?
(c) 
What are the benefits (tangible and/or intangible)?
(d) 
If the suggestion is not an improvement or cannot be implemented, why not?
(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.