[HISTORY: Adopted by the Town Council of the Town of Newington 5-23-1967 (Ch. 12 of the 1974 Code). Amendments noted where applicable.]
The administrative service of the Town is hereby divided into the classified and exempt service as follows:
The classified service shall be comprised of all positions now existing or hereafter created in the Town service not specifically excepted from the classified service by the Town Charter. All officers and employees in the classified service shall be appointed, promoted and removed solely on the basis of merit and fitness demonstrated by examination or other evidence of competence.
The exempt service shall be comprised of elective officers and persons appointed to fill vacancies in elective offices; members of boards and commissions and other officers appointed by the Council; professional employees of the Board of Education and Library Board; persons employed in a professional capacity to make or conduct a temporary or special inquiry, study or investigation; and persons employed for a temporary period not exceeding three months.
The Personnel Director, hereinafter referred to as "the Director," shall be in known sympathy with the merit system principles. The Director shall be selected and appointed in the classified service by the Town Manager on the basis of training, experience, qualifications and fitness in personnel administration. The Town Manager shall serve as the Director until such time as the Director is appointed.
The Personnel Director shall be responsible to the Town Manager and shall have the authority and be required to:
Hold competitive examinations for appointments in the classified service.
Give publicity to all announcements of competitive examinations.
Develop and conduct or coordinate programs for the training, safety, counseling, health, welfare and morale of employees.
Report, at least annually, to the Town Manager and Town Council on the operation of the classified service system.
Prepare and recommend to the Town Manager such rules as he may consider appropriate to carry out the provisions of Article IX of the Town Charter.
Maintain or direct the maintenance of all records pertaining to personnel.
Prepare classification and compensation recommendations for consideration and approval by the Town Manager and Town Council.
Serve as a representative of the Town Manager in negotiations with employees' representatives.
Advise and assist supervisors of personnel in disciplinary problems and other matters of personnel management which are the responsibility of line supervision.
Prepare rules for the administration of personnel and amendments thereto for approval by the Town Manager.
Advise the officials of the Town on all matters pertaining to the administration of personnel.
Perform such other duties as may be required by the Town Charter, the Town Council or the Town Manager.
The Personnel Director shall prepare for approval by the Town Manager rules and any amendments thereto for the administration of a merit system for the classified service. The Town Manager shall approve or reject the rules and any amendments thereto, wholly or in part, or may modify them and approve them as so modified. The rules approved by the Town Manager shall become effective upon being filed by the Director with the Town Clerk.
From the standpoint of the following procedures, a grievance exists when an employee feels dissatisfied with an aspect of his employment over which he has no control and when he desires remedial action.
Most grievances can be settled by presenting the problem formally or informally to the immediate supervisor. All employees shall be free to present grievances to their supervisors and shall be assured freedom from discrimination, coercion, restraint or reprisal in presenting grievances.
A permanent employee who has been suspended from his position, reduced in rank or compensation, or discharged from his position, and who shall consider himself aggrieved, may, within five working days of the action, file an appeal directly with the Town Manager and request a hearing thereon.
The procedures outlined below shall be construed as encompassing all situations for which an employee feels aggrieved and for which a remedial action is desired. Decisions at any step of the grievance procedure shall be filed with the Director. The following grievance procedure steps shall be followed:
Step 1: Within five working days of the date of the grievance, the employee shall discuss the grievance with his immediate supervisor. Within five working days, the supervisor shall, alone or in collaboration with his supervisors, reach a decision and communicate it orally to the employee.
Step 2: In the event the decision of the immediate supervisor does not satisfy the grievance of the employee, he may within five working days present, in writing, the grievance to the department head. (In the event that the department head is the employee's immediate supervisor, the grievance would continue at Step 3.) The department head shall obtain the facts of the case up to that point and may meet with all parties concerned if it is deemed necessary. Within 10 working days after receiving the grievance, the department head shall reach a decision and reply, in writing, to the employee and the supervisor.
Step 3: In the event the decision at Step 2 does not satisfy the employee he may, within five working days, present the grievance, in writing, to the Town Manager. The Town Manager shall meet within 10 working days with the employee and witnesses to both sides of the dispute. The Town Manager shall issue his decision to the employee, the supervisor and the department head, in writing, within 10 working days following such meeting. The decision of the Town Manager shall be final.
Any person who shall willfully or through culpable negligence violates or conspires to violate any provision of this chapter or of any ordinance, resolution or rule made pursuant thereto for which no punishment is provided therein, shall be guilty of a misdemeanor and, upon conviction thereof in any court of competent jurisdiction, shall be punished as provided by § 1-6 of this Code. The conviction of any employee of any such offense shall operate automatically to terminate his services and to vacate his position.
[Added 11-13-1990; amended 1-27-2004 by Ord. No. 0305-1]
Any regular full-time employee who is a reservist in the United States Armed Forces (to include Connecticut Armed Forces) and who is called to active duty due to any local, state, or national emergency shall receive the differential in the gross monthly salary provided by the United States Armed Forces and the gross monthly salary being earned from the Town of Newington at the time the reservist is called to active duty, provided that the salary paid by the Town is above the level of total military pay received. This differential payment will be provided no longer than 90 calendar days per call-up. The Town Council may, by majority vote, extend differential payment beyond 90 calendar days per call-up. The period, however, shall not exceed the actual number of days served on active duty and shall be for the period of the emergency only.