A. 
Disciplinary action from a superior is never experienced by most employees in any organization. This is because the work relationship usually is a mutually satisfying one. An employee is expected essentially to be present at work on a regular and timely basis and to perform the duties for which he has been hired and to do so at levels of performance that are acceptable. Since practically every job involves contact with other people (fellow workers or the public), an employee for the Town of South Berwick is expected to conduct himself in these relations in a fashion which enhances the effectiveness of the work team and which presents a positive image to the public being served. In exchange for this, employees are justified in expecting from the Town reasonable working conditions, evenhanded application of work rules, and a way by which problems or grievances may be addressed.
B. 
The primary purpose of discipline is to reestablish positive, productive work patterns, as far as possible, whenever these have deteriorated. It is, therefore, primarily intended to be a developmental tool. Such corrective measures, whenever used, should, therefore, be geared to the seriousness of the difficulty being addressed. Evenhandedness is an essential ingredient, and under no circumstances should corrective action be used with intent of degrading an employee in the eyes of coworkers.
The Town Manager and each department head are responsible for ensuring adherence to these rules and applicable work rules established for the Town or each department and for ensuring that reasonable standards of work quality and personal conduct are met. To ensure that these ends are met, the Town Manager and each department head are authorized to take disciplinary measures and to delegate that authority to supervisory personnel. However, the Town Manager and each department head shall not delegate their authority to suspend, and only the Town Manager shall have the authority to dismiss from service.
[Added 1-9-2006[1]]
A. 
Certain guidelines, procedures, rules and regulations regarding employee behavior while at work are necessary for the efficient operation of the Town and for the benefit and protection of the rights and safety of all employees, residents, and visitors. Conduct which interferes with the Town's operations, brings discredit on the Town, or is offensive to residents or fellow employees will not be tolerated. All employees are expected and required to treat the public with promptness, patience, courtesy and respect. Information about members of the public, gained from their positions, is to be considered confidential. Employees of the Town shall comply with all federal, state and local laws and regulations. Failure to comply may result in disciplinary action.
B. 
Written departmental regulations will supplement these guidelines and will be binding on the employees of the individual departments. In case of conflict between this policy and the departmental regulations, the more restrictive wording shall take precedence.
C. 
This section shall not apply to employees otherwise provided for by contractual agreement and shall not be deemed to be inconsistent therewith.
D. 
Employees of the Town shall maintain high standards of cooperation, efficiency, and economy in their work. Town employees shall cooperate with the public and employees in other Town departments to the fullest extent practical. Department heads and supervisors shall organize and direct the work of their subordinates so as to achieve these objectives.
E. 
Under emergency situations, when an employee's supervisor or department head is not available, the employee shall perform such duties as shall be assigned by the department head or designee present or overseeing the emergency situation.
F. 
If an employee fails to live up to his or her obligation, appropriate disciplinary actions may be taken by the supervisor.
G. 
Examples of conduct giving rise to discipline.
(1) 
It is not possible to establish a rule dealing with every violation of good practices. Therefore, the following is a noninclusive list of the types of conduct which may give rise to discipline for any reason, even if not specifically set forth in the following standards:
(a) 
All employees are expected to conduct themselves and behave in a manner which is conducive to the efficient operation of the Town. Such conduct includes, but is not limited to:
[1] 
Complying with all the Town's safety and health regulations;
[2] 
Reporting to work punctually as scheduled and ready for work, at the assigned starting time;
[3] 
Notifying the supervisor or department head when the employee will be absent from work, or unable to report for work on time;
[4] 
Wearing clothing appropriate for the work being performed;
[5] 
Performing assigned tasks efficiently;
[6] 
Maintaining work area cleanliness and orderliness;
[7] 
Being polite, courteous, prompt and attentive to every resident; and
[8] 
Refraining from behavior or conduct deemed by the Town to be offensive, disruptive, or undesirable, or which is subject to disciplinary action.
(b) 
The following conduct will not be tolerated and may subject the individual employee involved to disciplinary action up to and including termination, in the judgment of the Town:
[1] 
Being at work while in a condition not suitable for performing the job, or which represents a danger to oneself, to other employees or residents.
[2] 
Being impaired or under the influence of alcohol, controlled substances such as drugs or narcotics, or any other agents while at work, or the unauthorized possession of any of these agents on Town property at any time.
[3] 
Indecent or immoral personal conduct, including the use of abusive language; displaying offensive pictures, screen savers, etc.
[4] 
Fighting or provoking a fight on the Town's property or at Town-sponsored events or while performing duties for the Town of South Berwick.
[5] 
Theft, misuse, willful destruction or abuse of the Town's, another employee's or a resident's property.
[6] 
Removal of materials or supplies from the Town premises without permission.
[7] 
Threatening, coercing, intimidating or interfering in any way with the work or safety of other employees or residents.
[8] 
Engaging in illegal activities on the Town's premises at any time.
[9] 
Falsifying a Town record or report, such as an application for employment, a work record or time record.
[10] 
Failure to give complete and accurate information on any forms or other Town documents where data is required or requested from the employee.
[11] 
Making false or malicious statements about the Town or any of its employees or residents.
[12] 
Entering into or engaging in any activity which affects the Town's business in a detrimental way or otherwise brings it discredit.
[13] 
Disclosing confidential information about the Town or its residents without the Town's approval.
[14] 
Leaving the premises during scheduled work time without approval of a supervisor or department head.
[15] 
Violation of personnel rules and regulations.
[16] 
Criminal activity.
[17] 
Insubordination.
[18] 
Failure to correct poor work habits.
[19] 
Disruptive behavior.
[20] 
Violation of municipal statutes, rules or regulations.
(c) 
The possession, sale, or use of a controlled substance, other than a drug prescribed by a physician, is detrimental to the health of employees, to their job performance, and to the reputation of the Town. For this reason the following is applicable:
[1] 
Any employee found to be selling or distributing drugs will be subject to immediate termination.
[2] 
In situations of drug or alcohol abuse, management may consider the employee's work record and their willingness to undergo treatment before deciding whether termination is required.
[3] 
The examples above are illustrative of the type of behavior which will not be permitted. These examples are not intended to be all-inclusive. Any questions in connection with this guideline should be directed to the Town Manager.
[1]
Editor's Note: This ordinance also replaced former § 31-65, Reasonable cause.
[Added 6-7-2005; amended 1-9-2006]
A. 
The employees of the Town shall not solicit or accept gratuities, favors, entertainment, or gifts from anyone with a business association with the Town. This includes contractors, suppliers of equipment and services and individuals or groups with pending applications before any Town authority. In addition to any penalties which may be provided by law, any employee violating this policy will be subject to appropriate disciplinary action.
B. 
Acceptance of nominal gifts, such as food and refreshments, pens, note pads, calendars, or other items of nominal intrinsic value accepted in the ordinary course of business meetings, or in keeping with special occasions, such as marriage, retirement and holidays, is permitted.
The following measures are the type of disciplinary action available. Discipline is intended to be progressive; however, these actions need not be applied in sequence depending on the infraction and the employee's personnel record.
A. 
Verbal reprimand: usually utilized for minor infractions to correct a situation before it becomes more serious.
B. 
Written reprimand: usually utilized for infractions more serious than a verbal reprimand or for continuation of behavior previously disciplined by the verbal reprimand or for behavior which, in combination with the employee's personnel record, warrants discipline beyond the level of verbal reprimand.
C. 
Suspension: usually utilized for infractions more serious than a written reprimand or for continuation of a behavior which, in combination with the employee's personnel record, warrants discipline beyond the level of written reprimand.
D. 
Dismissal: usually utilized for infractions more serious than a suspension or for continuation of behavior previously disciplined by a suspension or for behavior which, in combination with the employee's personnel record, warrants discipline beyond the level of a suspension.
(1) 
With the exception of the Town Manager and Town Attorney, no employee shall be dismissed from service without first being given a hearing by the Town Manager. The employee shall be notified of the hearing at least 10 calendar days in advance of the hearing and be furnished with copies of all evidence that pertains to his/her dismissal. Pending the hearing, the Town reserves the right to suspend an employee either with or without pay.
(2) 
The Town Manager and Town Attorney shall be removed only in accordance with the Town Charter and state statutes governing the same.
Disciplinary action shall require that a written record be established and placed in the employee's file. A copy shall be provided to the employee. The content of the record shall contain the following minimum information:
A. 
The name of the employee.
B. 
The name of the official taking the action.
C. 
The date the action is taken.
D. 
The nature of the infraction and when and where it occurred, plus any other pertinent information.
E. 
If it is a repeated action, indicate if there is a second still on file.
F. 
Set forth the behavior change expected and time frame if the employee is not being dismissed from service.
G. 
Identify the type of disciplinary action being taken and why it is being taken.
H. 
If review of employee's progress is called for, set forth a date and time for such a review.
I. 
The signature of the person taking the action.
J. 
Notification to the employee of his/her right to appeal the disciplinary action under the grievance procedure, Article XVII of this chapter.
K. 
The signature of the employee acknowledging that he has received a copy of the disciplinary action.
A. 
All records of disciplinary action placed in an employee's file, which are for less than a suspension, shall be purged from the file if there is no other disciplinary action taken against the employee within the next two years subsequent.
B. 
Records of disciplinary action equal to or greater than a suspension but less than dismissal shall be purged from the file if there is no other disciplinary action taken against the employee within the next five years subsequent.
An employee who feels that he has been disciplined unfairly shall have the right to appeal the disciplinary action under the grievance procedures of Article XVII.