[HISTORY: Adopted by the Town Council of the Town of Smithfield 4-21-1998. Amendments noted where applicable.]
It is the purpose of this chapter to establish a merit system in accordance with § C-4.20 of the Smithfield Town Charter. This chapter, and rules adopted pursuant hereto, shall be applied in conformity with the intent of the Charter, which is interpreted and declared to be as follows:
To establish for the Town of Smithfield a system of personnel administration for merit service employees that win ensure for the Town the most efficient and productive service;
To ensure that employment in the merit service of the Town is based on merit and fitness, free of personal and political considerations;
To establish a classification and pay plan whereby positions having similar duties and responsibilities are classified and compensated on a uniform basis.
The provisions of this chapter shall apply to all employees in the merit service of the Town, unless stated otherwise in either this chapter or rules adopted pursuant hereto.
The Personnel Director shall draft personnel rules as may be necessary to carry out the provisions of this chapter and the Town Charter. The draft of such rules shall be submitted to the Town Council for adoption by resolution. Amendments to the personnel rules may be proposed by the Personnel Director and submitted to the Town Council for adoption by resolution.
The personnel rules may address any subject(s) which the Personnel Director or the Town Council deems necessary for the effective management and Supervision of employees of the Town of Smithfield.
The merit system shall be administered by the Personnel Director who shall be the Town Manager or a person appointed by the Town Manager. If the Personnel Director is other than the Town Manager, the Personnel Director shall report to and serve at the pleasure of the Town Manager and, unless specifically stated otherwise, shall be considered a member of the unclassified merit service. The Personnel Director shall:
Administer all of the provisions of this chapter and the personnel rules;
Prepare and recommend to the Town Council revisions and amendments to the personnel rules;
Advise the Town Council on all matters relating to the personnel policies of the Town;
With the approval of the Town Council, establish or abolish such positions within the Town’s merit service as he/she deems appropriate from time to time;
Represent the public interest in the improvement of personnel administration; and
Perform such other duties as may be assigned by the Town Manager or required by this chapter or the personnel rules.
All employees of the Town are divided into the merit and the exempt services.
Exempt service. The exempt service shall include the following positions:
All officers elected by the people or appointed by the Town Council;
All members of boards and commissions;
Persons employed on nonrecurring projects of limited duration;
Persons employed as consultants or counsel, who are rendering temporary professional services;
Volunteers and persons appointed to service without pay;
Positions involving seasonal or part-time employment; and
Employees of the School Department as provided by state law and the Home Rule Charter.
Merit service. All other employees of the Town shall be members or the merit service.
Employees in the merit service shall be either classified or unclassified.
Unclassified merit service employees. Unclassified merit service employees shall include individuals holding the following positions:
Fire Chief, Police Chief, Director of Public Works, Town Treasurer/Director of Finance, Tax Assessor, Building/Zoning Official, and Administrative Assistant to the Town Manager;
All heads of departments presently in existence or hereafter created and who are not defined as classified merit service employees; and
All confidential employees who directly serve a Department Head, the Personnel Director or the Town Manger.
Classified merit service employees. All other employees of the Town shall be members of the classified merit service, unless specifically stated otherwise in the Charter, Personnel Ordinance or personnel rules adopted pursuant hereto.
Initial plan. The Personnel Director shall make or have made an analysis of the duties and responsibilities of all positions in the classified merit service and shall recommend to the Town Council for its approval a job classification plan. Each position in the classified merit service shall be assigned to a job class on the basis of the kind and level of its duties and responsibilities, to the end that all positions in the same class shall be sufficiently alike to permit use of a single descriptive title, the same qualifications requirements, the same test of competence, and the same pay scale. A job class may contain one or more positions. The classification plan may be set forth in one or more collective bargaining agreements between the Town and a recognized union of Town employees.
Council approval. Within 60 days after the Personnel Director has submitted a classification plan to the Town Council, the Council shall approve or reject the plan. Upon approval by the Town Council, the Personnel Director shall thereafter allocate each position to its appropriate class.
Revision. The initial classification plan may be revised from time to time as changing conditions require, upon recommendation of a department head or the Personnel Director and with the approval of the Town Council. Such revisions may consist of the addition, abolishment, consolidation, division or amendment of existing classes.
Initial pay plan. The Personnel Director, in consultation with the Finance Director, shall prepare a pay plan and rules for its implementation which shall be based upon the classification plan and implemented in accordance therewith. The rate or range of pay for each class shall be such as to reflect the differences in duties and responsibilities and shall be related to compensation for comparable positions in other places of public and private employment, taking into consideration other benefits of employment as well as wages or salary.
Council approval. Within 60 days after the Personnel Director has submitted a pay plan to the Town Council, the Council shall approve or reject the pay plan. Upon approval by the Town Council, the Personnel Director shall assign each job class to one of the pay ranges provided in the pay plan.
Revision of pay plan. The pay plan may be revised from time to time as circumstances require, through adjustment of rates, reassignment of job classes to different pay ranges or as otherwise appropriate.
Rules shall be adopted governing appointments to fill vacancies at all levels. All appointments shall be made on the basis of merit.
Rules shall be adopted stating the purpose of probation and rights of probationary employees. Employees appointed to a position in the merit service either as an original appointment or through promotion shall be subject to a period at probation. The regular period of probation shall be six months. This period may be extended in the discretion of the Personnel Director but may not exceed 12 months. Employees are subject to removal or demotion during the probationary period without any right of review or appeal.
Rules shall be adopted prescribing hours of work and the conditions and length of time for which leaves of absence with pay and leaves of absence without pay may be granted. The rules shall address, among other matters, overtime, vacations, sick leave and other leave. No leave may be extended beyond one year, except by vote of the Town Council when it appears extension of leave will enable the employee to return to service promptly. Overtime pay shall be paid for all hours worked over 40 in a week to employees required to be compensated for overtime work by law. Sick leave with pay is to be permitted only when an employee is unable to perform his/her duties due to incapacity resulting from illness or injury or for other reasons outlined in the personnel rules.
The tenure of every employee shall be conditioned on good behavior and the satisfactory performance of duties. Any employee may be separated from Town service by layoff, suspension, resignation or dismissal.
Rules shall be adopted governing reductions in the number of employees in a department or division of the Town government necessitated by a lack of work or lack of funds. When such a reduction is required, employees shall be laid off based on the needs of the Town and the concept of merit established by the Charter. Subject to the foregoing, within each class affected by a layoff, all temporary employees will be laid off before probationary employees and all probationary employees shall be laid off before regular employees.
When, in the judgment of the Town Manager, the work performance or conduct of a merit service employee justifies disciplinary action short of dismissal, the employee may be suspended without pay pursuant to the provisions of the personnel rules.
Unclassified merit service employees. All unclassified merit service employees serve at the pleasure of the Town Manager and may be dismissed or demoted at any time and for any reason. The Town Council shall be notified of such action pursuant to the personnel rules.
Classified merit service employees. A permanent classified merit service employee may be dismissed or demoted whenever in the judgment of the Town Manager the good of the Town will be served thereby. The personnel rules shall set forth the procedure for notification to the employee and the Town Council of the reason(s) for the action and shall provide for a bearing before the Town Manager.
Rules shall be adopted governing the resolution of complaints and grievances of Town employees.
The Personnel Director shall maintain adequate records of the proceedings of the Town Council in disciplinary appeals and of his/her own official acts, the examination record of every candidate and the employment record of every employee.
Employees in the merit service shall be appointed without regard to political considerations, may not be required to contribute to any political purpose, and may not engage in political activity while on duty for the Town or which uses any Town equipment.
In the event that there is a conflict between the provisions of this chapter and the Town Charter, the provisions of the Charter shall control. In the event chat there is a conflict between the provisions of this chapter and the personnel rules, the provisions of this chapter shall control.
The provisions of this chapter and the personnel rules shall be severable, and if any of the provisions of this chapter or the personnel rules shall be deemed invalid by a court of competent jurisdiction, the decision of the court regarding the provision(s) deemed invalid shall not affect the validity of any other provision(s) which can be given effect without the invalid provision(s). It is hereby declared to be the intent of the Town Council that this chapter and the personnel rules would have been adopted had the invalid provision(s) not been included.
[Added 6-23-2009 by Ord. No. 2009-13]
In accordance with Home Rule Charter § C-4.18, the Town Council hereby reassigns to the Town Manager the functions and duties assigned by the Charter to the Personnel Board.