A.
Requirement. Each Town officer must take the oath
of office, which must be administered prior to commencing work and
attested to by the Town Clerk within 30 calendar days of commencement
of office. Each Town officer who is reelected or reappointed to a
subsequent term must take the oath of office for each term.
B.
Filing of oath. The oath of office must be filed in
the Office of the Town Clerk within 30 days of commencement of office.
A.
Statement of compliance. The Town of Esopus complies
with all applicable federal, state and local laws, rules and regulations
throughout the employee selection process, including, but not limited
to, the Public Officers Law, Town Law, Civil Service Law, Equal Employment
Opportunity and the Americans with Disabilities Act.
B.
Notification of vacancies. In the event that there
is a vacancy in a new or existing position which the Town intends
to maintain, the vacancy may be advertised and/or posted and qualified
individuals interviewed.
C.
Appointment to vacancies. Unless otherwise specified
in the Public Officers Law and/or Town Law, the Town Board will have
the authority to hire individuals to fill vacancies as they occur.
It is the policy of the Town to hire the best available person. Recommendations
from department heads and supervisors will be sought and considered
before appointments are approved by the Town Board.
D.
Residency preference. In the event that there is a
vacancy in a new or existing position which the Town intends to maintain,
the Town will give preference to qualified applicants who are residents
of the Town.
A.
Requirement. An employee who is required to drive
either a Town-owned vehicle or the employee's own personal vehicle
to conduct business on behalf of the Town, must possess at the time
of appointment, and must maintain throughout employment, a valid New
York State driver's license.
B.
Commercial drivers. An employee who operates a vehicle
which requires a Commercial Driver's License (CDL) must maintain such
license throughout employment. In accordance with the Federal Commercial
Motor Vehicle Safety Act of 1986, a commercial driver must notify
the Town within 30 days of a conviction of any traffic violation (except
parking), no matter where or what type of vehicle the employee was
driving.
C.
Loss of driver's license. An employee who is required
to possess a driver's license or CDL license in order to perform certain
job duties and responsibilities must immediately notify the appropriate
department head in the event that the license is suspended or revoked.
The loss or suspension of the driver's license or CDL license may
affect the employee's employment with the Town.
A.
Purpose of probationary period. The probationary period
is for an employee to become familiar with the specific duties and
responsibilities of the employee's new position. The probationary
period also provides the department head with an opportunity to evaluate
the employee's job performance and potential for development in the
position.
B.
Length of probationary period.
(1)
Competitive class. Except as otherwise provided in
the Rules for the Classified Civil Service of Ulster County, an employee
appointed from an open competitive list must serve a probationary
period of not less than eight weeks nor more than 26 weeks.
(2)
Other classes. Except as otherwise provided in the
Rules for the Classified Civil Service of Ulster County, an employee's
original appointment to a position in the exempt, noncompetitive or
labor class shall be for a probationary period of not less than eight
nor more than 26 weeks.
C.
Successful completion of probationary period. An employee's
appointment will become permanent upon written notice that the probationary
period has been successfully completed following the minimum period
of service required; or, the employee's appointment will become permanent
upon the retention of the employee after completion of the maximum
period of service required.
D.
Failure to successfully complete probationary period.
In the event that the employee's performance or conduct is not satisfactory,
the Town may dismiss the employee from employment or return the employee
to the employee's previous position in Town service, as the case may
be, at any time after the completion of the minimum probationary period
and on or before completion of the maximum probationary period.
A.
Statement of purpose. The purpose of performance appraisal
is to evaluate employee performance. The performance appraisal will
take into consideration the employee's work quality, job knowledge,
initiative, attendance, teamwork, conduct, communication skills and
such other criteria that properly reflects the employee's performance.
The ratings assigned to performance appraisals may be considered in
determining a pay increase and as a factor in promotion and disciplinary
action.
B.
Frequency. An employee will be formally evaluated
at least once each year on a date determined by the employee's department
head. Informal evaluations will occur on an as-needed basis throughout
the performance cycle.
C.
Post-evaluation conference. After an evaluation, the
evaluator will meet with the employee to review the employee's performance
appraisal report.
D.
Deficiencies. Should deficiencies be recorded in the
performance of the employee, the employee will receive specific, reasonable,
written recommendations for improvement.
E.
Employee reply. An employee's written reply, if any,
will be attached to the performance appraisal report.
A.
Policy statement. It is the policy of the Town of
Esopus that certain rules and regulations regarding employee behavior
are necessary for the benefit and safety of all employees, the efficient
operation of the Town, and the delivery of services to residents of
the Town. Any conduct that interferes with operations, that discredits
the Town or that is offensive to residents or other employees will
not be tolerated. An employee must conduct oneself in a positive manner
so as to promote the best interests of the Town.
B.
Specifications. Any employee who, after investigation,
is found to have violated the policies, procedures, rules or regulations
outlined in this Employee Handbook or those established by the employee's
department or is found to have engaged in any of the following job
related actions will be subject to appropriate disciplinary action
in accordance with the Civil Service Law (§ 75). (This is
not meant to be a comprehensive list.)
(1)
Falsification of any records or reports pertaining
to employment application, medical reports, production records, time
records, shipping and receiving records, absence from work, injuries
on the job, claims for benefits provided by the Town.
(2)
Intimidation, coercion, threatening or assault of
or fighting or interfering with other employees, elected officials,
residents of the Town or any other person.
(3)
Engagement in any form of harassment, including sexual
harassment.
(4)
Improper performance of job duties or repeated failure
to perform assigned duties and responsibilities.
(5)
Refusal to obey instructions of a department head
or supervisor or any other form of insubordination.
(6)
Careless or negligent use or operation of equipment,
including vehicles and machinery.
(7)
Willful or deliberate abuse, destruction, defacement,
misuse or theft of Town property or removal of Town property.
(8)
Gambling on Town property.
(9)
Sleeping on the job, unless authorized by a department
head or supervisor.
(10)
Violation and/or disregard of safety rules or safety
practices, including failure to wear assigned safety clothing or equipment.
(11)
Failure to adhere to the personal appearance/dress
code policy.
(12)
Repeated violations of Town policies, procedures or
rules of conduct.
(13)
Leaving work area without permission, as defined by
the department head.
(14)
Excessive tardiness and/or absences.
(15)
Unauthorized absences or repeated failure to give
proper notice.
(16)
Possession or use of controlled substances or alcohol
while on Town property or in Town vehicles.
(17)
Possession of illegal or unlicensed firearms or explosives
on Town property or in Town vehicles.
(18)
(18)Acts of sabotage or espionage.
A.
Policy statement. Pursuant to the provisions of § 806
of the General Municipal Law, the Town Board recognizes that there
are rules of ethical conduct for elected officials and employees which
must be observed so as to maintain a high degree of moral conduct
and public confidence. Therefore, the Town Board has adopted rules
of ethical conduct. These rules are in addition to Article 18 of the
General Municipal Law and any other law pertaining to ethical conduct
or interest in contracts.
B.
INTEREST
OFFICER or EMPLOYEE
Definitions. For the purpose of the Town of Esopus's
Code of Ethics, the following terms shall have the following meanings:
Refers to a pecuniary or material benefit accruing to an
officer or employee, unless the context otherwise requires.
Refers to an officer or employee of the Town of Esopus, whether
paid or unpaid, including members of any board, commission or other
agency thereof.
C.
Standards of conduct. Every officer or employee is
subject to and must abide by the following standards of conduct:
(1)
Gifts. An officer or employee may not solicit any
gift or accept or receive any gift having a value of $25 or more,
whether in the sum of money, services, loan, travel, entertainment,
hospitality, thing or promise or any other form, under circumstances
in which it could reasonably be inferred that such gift was intended
to influence the officer or employee or could reasonably be expected
to influence the officer or employee in the performance of official
duties or was intended as a reward for any official action on the
officer's or employee's part.
(2)
Confidential information. An officer or employee may
not disclose confidential information acquired in the course of official
duties or use such information to further personal interest.
(3)
Representation before one's own agency. An individual
may not receive or enter into any agreement, express or implied, for
compensation for services to be performed in relation to any matter
before any Town agency of which the individual is an officer, member
or employee or of any Town agency over which the individual has jurisdiction
or to which the individual has the power to appoint any member, officer
or employee.
(4)
Representation before any agency for a contingent
fee. An officer or employee may not receive or enter into any agreement,
express or implied, for compensation for services to be rendered in
relation to any matter before any agency of the Town, whereby the
officer's or employee's compensation would be dependent or contingent
upon any action by such agency with respect to such matter, provided
that this provision shall not prohibit the fixing at any time of fees
based upon the reasonable value of the services rendered.
(5)
Disclosure of interest in legislation. To the extent
that he or she knows thereof, a member of the Town Board and any officer
or employee of the Town, whether paid or unpaid, who participates
in the discussion of or gives official opinion to the Town Board on
any legislation before the Town Board shall publicly disclose on the
official record the nature and extent of any direct or indirect financial
or other private interest he or she has in such legislation.
(6)
Investments which conflict with official duties. An
officer or employee may not invest or hold any investment, directly
or indirectly, in any financial, business, commercial or other private
transaction which creates a conflict with the officer's or employee's
official duties.
(7)
Private employment. An officer or employee shall not
engage in, solicit, negotiate for or promise to accept private employment
or render services for private interests when such employment or service
creates a conflict with or impairs the proper discharge of the officer's
or employee's official duties.
(8)
Future employment. No officer or employee, within
two years from the termination of services or employment with the
Town, may accept employment which will involve contacts with the Town
in which such employment takes advantage by virtue of ones' prior
contact and relationship with the Town.
(9)
Future representation before the Town. An officer
or employee shall not, after the termination of service or employment
with the Town, appear before any board or agency of the Town in relation
to any case, proceeding or application in which the officer or employee
personally participated during the period of service or employment
or which was under the officer's or employee's active consideration.
This does not preclude re-employment by the Town.
D.
Penalties for offenses. In addition to any penalty
contained any other provision of law, any officer or employee who
shall knowingly violate any of the provisions of this code may be
fined, suspended or removed from office or employment, as the case
may be, in the manner provided by law.
A.
Rights to § 75 hearing. An employee who
is covered under the New York State Civil Service Law, § 75,
will not be subjected to any disciplinary penalty except for incompetence
or misconduct shown after a hearing upon stated charges.
B.
Covered employees. In accordance with the Civil Service
Law, the following employees are covered under § 75:
(1)
An employee holding a position by permanent appointment
in the competitive class.
(2)
An employee holding a position in the noncompetitive
class who has been employed for at least five years of continuous
uninterrupted service, except when such an employee holds a position
designated as management/confidential. Even though the employee has
completed the required probationary period and has received permanent
appointment or employment in the noncompetitive class, the employee
is not covered under § 75 until the employee has completed
five years of continuous service.
(3)
An employee holding a position by permanent appointment
or employment in the exempt, competitive, noncompetitive or labor
class who is a qualified veteran or qualified volunteer firefighter,
except when such an employee holds the position of private secretary,
cashier, or deputy of any official or department. Specifically, the
employee must have been honorably discharged or released under honorable
circumstances from the Armed Forces of the United States, having served
therein as such member in time of war as defined in § 85
of the New York State Civil Service Law, or the employee must be an
exempt volunteer firefighter as defined in the General Municipal Law.
C.
Employees not covered by § 75. An employee
not covered by § 75 may be disciplined, including termination,
without a § 75 hearing. The following employees are not
covered under § 75:
(1)
Any employee in the unclassified service (such as
elected officials and members of boards and commissions).
(2)
A newly hired employee serving a required probationary
period, even if the employee has veteran or exempt volunteer firefighter
status.
(3)
An employee holding a position in the noncompetitive
class who has less than five years of continuous uninterrupted service,
unless the employee is an eligible veteran or volunteer firefighter
who has successfully completed the required probationary period.
(4)
An employee holding a position in the noncompetitive
class designated as management/confidential.
(5)
An employee holding a position in the exempt class,
unless the employee is an eligible veteran or volunteer firefighter
who has successfully completed the required probationary period.
(6)
An employee holding a position in the labor class
unless the employee is an eligible veteran or volunteer firefighter
who has successfully completed the required probationary period.
(7)
An employee holding a position by provisional appointment.
(8)
A temporary or seasonal employee.
D.
Notice of discipline. The employee's department head
will provide the employee with a written notice of discipline (NOD)
which will contain all charges and specifications.
E.
Employee answer. The employee will have eight calendar
days to respond to the charges. The employee's response must be in
writing.
F.
Disciplinary hearing. Unless there is a stipulation
of settlement between the Town and the employee, the appointing authority
will designate a hearing officer in accordance with the Civil Service
Law, (§ 75). The designation must be in writing. The hearing
officer will set the time and place for the hearing. The hearing officer
will make a record of the hearing, which will be submitted to the
appointing authority, with the hearing officer's recommendations,
for review and decision.
G.
Right to representation. The employee may have representation
by counsel at the hearing and may summon witnesses on the employee's
behalf.
H.
Suspension without pay pending determination of charges.
Pending the hearing and determination of charges, the employee may
be suspended without pay for a period not to exceed 30 calendar days.
I.
Penalties. In the event that the employee is found
to be guilty of the charges, the penalty may consist of one of the
following:
J.
Finding of not guilty. In the event that the employee
is found to be not guilty, the employee will be restored to the employee's
position with full pay for the period of suspension less the amount
of any unemployment insurance benefits that the employee may have
received during such period.
K.
Limitations. Notwithstanding any other provision of
law, no removal or disciplinary proceeding will be commenced more
than 18 months after the occurrence of the alleged incompetence or
misconduct. Such limitation will not apply where the incompetence
or misconduct would, if proved in a court of appropriate jurisdiction,
constitute a crime.
L.
Filing requirements. In the event that the employee
is found to be guilty, a copy of the charges, the employee's written
answer, a transcript of the hearing and the determination will be
filed in the office of the department in which the employee is employed.
A copy will also be filed with the Ulster County Personnel Department.
M.
Copy of § 75. A copy of § 75 in
its entirety, can be obtained from the Ulster County Civil Service
Department or the Town Supervisor's office.
A.
Policy statement. It is the policy of the Town to
balance its need to obtain, use and retain employment information
with a concern for each employee's privacy. To this end, the Town
will endeavor to maintain only that personnel information necessary
for the conduct of the Town's business or required by federal, state
or local law. Personnel records will be maintained for current and
past employees in order to document employment-related decisions and
comply with government record-keeping and reporting requirements.
B.
Content. The records maintained by the Town include,
but are not limited to, employment applications, report of personnel
change forms (MSD-426), copies of job-required licenses and certificates,
federal and state withholding tax forms, Immigration Form I-9 forms,
retirement enrollment/waiver forms, health insurance enrollment/waiver
forms, disciplinary and grievance notices, letters of acclamation
and probationary reports.
C.
Location of files. All personnel records for current
employees will be kept in the Town Supervisor's office and will be
maintained and controlled by the Town Supervisor.
D.
Medical records. All employee medical records will
be kept in a separate file apart from the employee's personnel file
in the Town Supervisor's office and will be maintained and controlled
by the Town Supervisor. For security purposes, this file will be locked
at all times.
E.
Substance testing records. All employee substance
testing records will be maintained and controlled by the program manager
and stored in his or her office. For security purposes, this file
will be locked at all times.
F.
Change in status. An employee must immediately notify
the Town Supervisor's office of a change of name, address, telephone
number, personal status, number and age of dependents, beneficiary
designations, and individuals to notify in case of emergency.
G.
Employee access. An employee may review and copy the
contents of the employee's own personnel file. The employee must make
an appointment with the Town Supervisor. An authorized official must
be present when the employee inspects the file. The employee may not
remove or place any material in the file without the approval of the
Town Supervisor. Copies of records contained in an employee's personnel
file may not be released to a third party without the written consent
of the employee, unless federal, state or local laws require otherwise.
A.
Employees. An employee who intends to resign from
employment must submit a written resignation to the employee's department
head at least two weeks before the date of resignation is to be effective.
B.
Town officers. A Town officer (as defined by the Public
Officers Law) must resign by delivering a written notice to the Town
Clerk. If no date is specified, the office becomes vacant immediately
upon delivery of the notice to the Town Clerk. If a Town officer wishes
to resign at some future date, the Town officer may specify a resignation
date. However, if the resignation date is more than 30 days after
delivery of the notice to the Town Clerk (90 days for Justices), the
resignation will become effective 30 days after such delivery.
C.
Town Clerk. The Town Clerk who intends to resign must
submit a written resignation to the Secretary of State at least 30
calendar days before the date of resignation is to be effective.