[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:
A.
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;
B.
To ensure that employment in the merit service of
the Town is based on merit and fitness, free of personal and political
considerations;
C.
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.
A.
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.
B.
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:
A.
Administer all of the provisions of this chapter and
the personnel rules;
B.
Prepare and recommend to the Town Council revisions
and amendments to the personnel rules;
C.
Advise the Town Council on all matters relating to
the personnel policies of the Town;
D.
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;
E.
Represent the public interest in the improvement of
personnel administration; and
F.
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.
A.
Exempt service. The exempt service shall include the
following positions:
(1)
All officers elected by the people or appointed by
the Town Council;
(2)
All members of boards and commissions;
(3)
Persons employed on nonrecurring projects of limited
duration;
(4)
Persons employed as consultants or counsel, who are
rendering temporary professional services;
(5)
Volunteers and persons appointed to service without
pay;
(6)
Positions involving seasonal or part-time employment;
and
(7)
Employees of the School Department as provided by
state law and the Home Rule Charter.
B.
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.
A.
Unclassified merit service employees. Unclassified
merit service employees shall include individuals holding the following
positions:
(1)
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;
(2)
All heads of departments presently in existence or
hereafter created and who are not defined as classified merit service
employees; and
(3)
All confidential employees who directly serve a Department
Head, the Personnel Director or the Town Manger.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
