Town of Esopus, NY Employment Matters

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.

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.

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.

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.

§ 32-24 Performance appraisal.

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.

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.

Post-evaluation conference. After an evaluation, the evaluator will meet with the employee to review the employee's performance appraisal report.

Deficiencies. Should deficiencies be recorded in the performance of the employee, the employee will receive specific, reasonable, written recommendations for improvement.

Employee reply. An employee's written reply, if any, will be attached to the performance appraisal report.

§ 32-25 Rules of conduct.

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.

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.)

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.

Intimidation, coercion, threatening or assault of or fighting or interfering with other employees, elected officials, residents of the Town or any other person.

Engagement in any form of harassment, including sexual harassment.

Improper performance of job duties or repeated failure to perform assigned duties and responsibilities.

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.

§ 32-26 Code of ethics.

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.

Definitions. For the purpose of the Town of Esopus's Code of Ethics, the following terms shall have the following meanings:

INTEREST

Refers to a pecuniary or material benefit accruing to an officer or employee, unless the context otherwise requires.

OFFICER or EMPLOYEE

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.

Standards of conduct. Every officer or employee is subject to and must abide by the following standards of conduct:

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.

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.

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.

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.

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.

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.

§ 32-27 Disciplinary action.

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.

Covered employees. In accordance with the Civil Service Law, the following employees are covered under § 75:

An employee holding a position by permanent appointment in the competitive class.

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.

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.

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:

Any employee in the unclassified service (such as elected officials and members of boards and commissions).

A newly hired employee serving a required probationary period, even if the employee has veteran or exempt volunteer firefighter status.

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.

An employee holding a position in the noncompetitive class designated as management/confidential.

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.

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.

Employee answer. The employee will have eight calendar days to respond to the charges. The employee's response must be in writing.

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.

Right to representation. The employee may have representation by counsel at the hearing and may summon witnesses on the employee's behalf.

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.

Penalties. In the event that the employee is found to be guilty of the charges, the penalty may consist of one of the following:

Written reprimand.

Fine not to exceed $100, which will be deducted from the employee's pay.

Suspension without pay, not to exceed two months.

Demotion in grade and title.