Town of Johnston, RI Personnel Rules and Regulations

The working week shall consist of a minimum of 40 hours during seven consecutive days, commencing on Monday of each week, except as otherwise hereafter provided.

The working time per week for all employees housed in the Town Hall, and clerical employees working for classified departments, shall be 35 hours, except that salaried employees of the various departments may be required to work additional time to meet existing conditions or unexpected contingencies.

The working time for all employees of the Department of Public Works shall be a minimum of 40 hours per week, commencing on Monday of each week.

Special provisions shall be made in any department, such as fire and police, which require additional hours to meet existing conditions or unexpected contingencies.

Attendance. Employees shall regularly be at their places of work in accordance with these rules and other department regulations. All departments shall maintain daily attendance records of employees on forms provided by the Personnel Board and shall be submitted to the personnel office on each Friday at the end of each work week.

Overtime. Employees shall work overtime when necessary and overtime shall be allocated on any job as evenly as possible among the employees qualified to do the work. Overtime compensation shall be at time-and-one-half the regular hourly pay rate for the work concerned.

Holidays.

Employees shall be paid for all legal holidays:

New Year's Day: January 1.

Memorial Day: May 30.

Independence Day: July 4.

Victory Day: August (second Monday).

(e)

Labor Day: September (first Monday).

(f)

Columbus Day: October 12.

(g)

Veterans Day: November 11.

(h)

Thanksgiving Day: November (fourth Thursday).

(i)

Christmas Day: December 25.

If any of the above holidays falls on a Saturday, it shall be observed on the preceding Friday; if any holiday falls on a Sunday, it shall be observed on the following Monday.

At the discretion of the Mayor, employees may be required to work on any of the above holidays, and shall be compensated at overtime rates in addition to their regular day pay.

Employees or members of the Fire, Police and Public Works Departments who are normally required to work on authorized holidays shall be granted an additional day's pay for each of the following holidays:

New Year's Day.

Memorial Day.

Independence Day.

Victory Day.

Columbus Day.

Labor Day.

Veterans Day.

Thanksgiving Day.

Christmas Day.

An employee who is absent on leave without pay shall not be paid for authorized holidays.

An employee who is absent without leave on the working day preceding or following a holiday shall lose pay for the holiday as well as for the other day off.

Employees wishing to observe religious holidays not listed herein shall, with their option, and the approval of their department head, be given time off during said day, without pay, or have the time charged to their vacation.

Vacations.

Department heads shall schedule vacations, giving due consideration to the needs of the service and the ability of the remaining staff to perform the work of the department. The employee shall be permitted to take his vacation at such time as, in the judgment of the department head, will best serve the interest of the Town. All employees must file a statement of intent prior to April 1 in each year so that department heads may equitably comply with vacation provisions of these rules.

Every employee who successfully completes his probationary period and receives a permanent appointment shall be entitled to one week of vacation during the remaining calendar year of service. During each succeeding year of service regular employees shall be entitled to two weeks of vacation.

Employees who have completed 10 successive years of full-time employment in the Town service shall be entitled to three calendar weeks of vacation (not necessarily successive); vacation time to be determined by the department head, during the calendar year.

Employees who have completed 15 consecutive years of full-time employment in the Town service shall be entitled to four weeks of vacation during the calendar year, at times to be determined by the department head.

Official holidays occurring during a vacation shall not be charged to vacation time.

No accumulation of vacation leave will be allowed beyond any one calendar year.

Leave regulations.

Sick leave. Each full-time employee in the classified service shall earn sick leave with pay at the rate of 1 1/2 working days for each calendar month of service; provided, however, that such benefit shall not accrue in excess of 90 days, except for uniformed or permanent members of the Fire and Police Departments who are disabled in the line of duty. In such case, such employee shall receive full pay while so disabled in accordance with provisions of state law. Sick leave must be earned before it can be granted and shall not be considered a "right," but shall be a "privilege" granted under the authority of these rules and regulations.

Sick leave will be granted for absence from duty because of actual personal illness, noncompensable bodily injury or disease and exposure to contagious disease. It may also be granted for a maximum of three days in any one year for illness or death in the immediate family of an employee.

If an employee is required to be absent from work for any of the reasons specified herein, he shall cause his absence to be reported to his department or division head within two hours of the time set for the beginning of his daily duties. When a relief employee is required, such notification must be made at least one hour before the first hour of the work day. Sick leave must not be granted unless such report has been made, and notice given as required herein.

In all cases where sick leave exceeds three working days, the department head may require the employee to file a licensed physician's certificate indicating the nature and probable duration of the illness or disability.

Holidays and regular days off shall not be counted in computing sick leave taken. On the job injuries shall be chargeable against accrued sick leave, and no loss of pay shall result from time lost due to such injury.

Jury leave. Regular full-time employees shall be granted leaves of absence for required jury or other civic duty requiring appearances before a court or other public body. Such employees shall receive that portion of their regular salary or pay which will, together with their jury pay or appearance fees, equal their total salary or pay for the same period. Mileage allowances for such services may be retained by the employee.

Civic duties. All employees entitled to vote at national, municipal or special elections shall, when necessary, be allowed sufficient time off with pay to exercise this right.

Military leave. Every employee holding a position in the classified service who has left or shall leave said position by reason of entering the armed forces of the United States, and who has held a position in the classified service for 180 consecutive calendar days within the past 12 months preceding such entrance in the armed forces, shall be entitled to military leave of absence without pay.

Employees on military leave shall be entitled to biennial salary increases and longevity increases which would have been earned but for military service, if, upon release from military service, the employee resumes full-time employment with the Town within 30 days of release.

At the conclusion of such military leave of absence the employee shall be returned to his position, subject, however, to any ordinance or rule which may hereafter be enacted affecting such right of return or defining the conditions under which return shall be made.

Any regular full-time employee who may be a member of the standby reserve of any branch of the armed forces and who may be required to perform military duties for a period of 15 days or less in any one calendar year, while employed by the Town, shall receive the difference between his regular pay and the compensation paid during the performance of his military service in that year.

Extended leave of absence. Extended or emergency leave of absence, without pay, shall only be granted on the recommendation of the department head and with the approval of the Mayor and Personnel Board.

When any leave of absence without pay exceeds time worked in any one month, service credit for all employment privileges shall cease until active employment is resumed. This rule of employment applies to all employees.

Department heads shall be responsible for accurate reports of employees who are absent from work and shall report absentees who are not entitled to pay under the prevailing working policy.

Special leave with pay. Department heads may grant or be granted special leaves with pay and actual expenses to attend professional conferences, conventions or schools, or to visit other cities in the business of the Town, as may be authorized by the Mayor. Such employees shall submit an itemized list of all expenses incurred or made to the Mayor who may then approve or deny.

Administrative leave. During times of severe storms, when roads may be impassable, etc., administrative leaves may be granted to the employees at the discretion of the Mayor. Leave of this nature shall be with pay and shall not be chargeable against accrued sick or vacation leave.

(8)

Seasonal and part-time employees. Seasonal and part-time employees shall not be entitled to vacation, sick leave or other benefits that are allowed regular employees with one or more years of continuous service.

(9)

Emergency leave. If an employee shall be called to his home to respond to an emergency, emergency leave, with pay, may be granted in the discretion of the department head.

(10)

Occupational disability or injury leave. Subject to the approval of the Mayor and the Town Council, an employee injured in the course of his employment may be granted occupational disability or injury leave, not charged against his sick leave or vacation. When such occupational disability or injury leave is granted, the Town Council shall establish the amount to be paid during such leave, if any. In these cases it shall be the responsibility of the Mayor to submit a full report of the character, degree and potential duration of such disability, and periodically review the progress of the case and make recommendations to the Town Council as may seem advisable. The Mayor shall have the right to order the employee to be examined by any licensed physician at the expense of the Town.

(11)

Terminal leave. Any unused sick leave and/or vacation leave due any employee on his last work day prior to leaving the Town service shall constitute his terminal leave, payable to him at his last regular rate. The employee, may, at his discretion, elect to receive his pay for terminal leave in a lump sum at the beginning of such period, or to receive his pay at the regular pay periods during such terminal leave. Sick leave and vacation leave shall not be accrued during any terminal leave.

Insurance coverage.

[Amended 6-14-2004 by Ord. No. 2004-9; 10-11-2011 by Ord. No. 2011-24]

All retirees of the Town of Johnston, as a condition of receiving or continuing to receive retirement payments and health benefits shall, enroll in Medicare as soon as he/she is eligible, notwithstanding the provisions of any other statute, ordinance, interest arbitration award, or collective bargaining agreement to the contrary.

The Town shall adopt the provisions of R.I.G.L. § 28-54-1 and, in accordance therewith, shall require all its retirees, as a condition of receiving or continuing to receive retirement payments and health benefits, to enroll in Medicare as soon as he or she is eligible, notwithstanding the provisions of any other statute, ordinance, interest arbitration award or collective bargaining agreement to the contrary. The Town shall reserve the right to negotiate any Medicare supplement or gap coverage for Medicare-eligible retirees but shall not be required to provide any other health care benefits to any Medicare-eligible retiree or his or her spouse who has reached 65 years of age, notwithstanding the provisions of any other statute, ordinance, interest arbitration award or collective bargaining agreement to the contrary. The Town-provided benefits that are provided to Medicare-eligible individuals shall be secondary to Medicare benefits. Nothing contained herein shall impair collectively bargained Medicare Supplement Insurance.

§ 47-10 Administration of chapter.

Competitive examinations.

Announcement.

The Personnel Board shall prepare official announcements for open competitive and promotional examinations which shall include the following:

[1]

The title, salary range and a brief statement of the duties to be performed in the class to be examined.

[2]

The opening and closing dates of the application period and the places where applications may be obtained.

[3]

The requirement as to residence and citizenship.

The Board of Personnel shall make such announcement by posting notice not less than 15 days in advance of the scheduled date of the examination. The posting shall be made on a bulletin board in the Town Hall and in such other buildings as will assure that any interested resident may be informed about employment opportunities in the classified service. The Board in its discretion may advertise the examinations in any newspaper having a general circulation in the Town.

Application. All applications shall be made on forms provided by the Board of Personnel.

Such forms may require information as to the education, training and experience of the applicant and such other information as the Board of Personnel may deem pertinent.

The Board may in its discretion reject any application which indicates on its face that the applicant does not possess the minimum qualifications established for the class of position; or if the application discloses that the applicant is not a citizen of the United States; is physically unfit for the performance of the duties involved; is addicted to the habitual use of drugs or intoxicants; has been recently convicted of a crime involving moral turpitude; has willfully made any false statements of material fact; or has practiced or attempted to practice any deception or fraud in his application.

Examinations.

Examinations may consist of written, oral, performance or physical tests, or any combination thereof, as will best fairly test the qualifications of the applicant for the position involved. Examination for entrance into or promotion in the classified service shall be held at the time and place in the Town as the Personnel Board may direct, and the identity of persons taking the written tests shall be concealed by the use of identification numbers instead of names on all test papers.

In addition, in rating examinations for entrance into the classified service, including the Police Department and Fire Department, the Director shall increase the score of a candidate 1% for each consecutive year that such current resident candidate has been a resident of the Town, up to a maximum of 10%. Seventy percent shall be the lowest score on an examination to be acceptable as qualifying, and the maximum score shall be 100%.

[Added 3-12-2007 by Ord. No. 2007-2; amended 3-9-2009 by Ord. No. 2009-1]

For purposes of this section only, a person’s residence is his fixed or established domicile. The determinant of one’s domicile is that person’s factual physical presence in the Town on a regular basis incorporating an intention to reside for an indefinite period. This domicile is the place to which, upon temporary absence, he has the intention of returning. Once acquired, this domicile continues until another domicile is established. A person can have only one domicile.

[Added 3-12-2007 by Ord. No. 2007-2]

Upon application for an entrance examination, the applicant shall provide to the Director, for purposes of establishing residence for this section, two of the following documents: voter registration, a state driver's license, a motor vehicle registration certificate, state and federal income tax returns, documents establishing the address furnished to the tax collector and/or assessor in those communities where the applicant owns taxable real or personal property for the purpose of notifying the applicant, a document establishing the address furnished to insurance companies with which the applicant maintains policies, a document establishing the address furnished to his or her present employer, a document establishing the address furnished to any business, professional union or fraternal organization of which the applicant is a member and a document establishing the address furnished by the applicant to governmental agencies with which the applicant has contact.

[Added 3-12-2007 by Ord. No. 2007-2]

Examination results.

Notice of examination results, as soon as possible after the conclusion of an examination, shall be sent each person taking the examination. The notice shall state the relative position of the applicant on the rating list, or the fact that he has failed to attain a passing grade in the examination.

After the eligible list has been established, the markings and test papers of each competitor shall be open to his personal inspection, for a period of time not exceeding 15 days after mailing of the notices.

Promotional examinations. Promotional examinations shall be conducted in the same manner as open competitive examinations, subject to the following conditions:

The applicant must hold a position in the classified service.

The applicant must meet the minimum requirements established for the examination.

The applicant's service ratings and rank shall be given due consideration.

In any departmental examination, applicants will be restricted to persons who meet the foregoing requirements and whose employment record in the service of the department meets requirements designated in the examination announcement.

Eligibility list. As soon as possible after the conclusion of an examination, the Personnel Board shall prepare and keep available an appropriate eligibility list for the employment or promotion within the classified service consisting of the names of persons successfully passing examinations. The names shall be arranged in order of final ratings made from the highest score down to the lowest acceptable passing score. The eligibility lists shall contain no less than names of three persons available for selection by the appointing authority.

Noncompetitive appointments. In the event that the appointing authority shall consider it necessary to fill any position in service, without the delay necessary to the establishment of an eligibility list, he may make a provisional appointment which shall be subject to examination and approval of the Personnel Board with regard to the appointee's ability to meet all minimum qualifications established for the position. No provisional appointment shall be continued effective beyond one pay period after the establishment of an appropriate eligibility list for the particular position and class.

Original appointment. The minimum rate of pay (Step A) for any classification shall normally be paid upon original appointment. When the appointing authority is unable to obtain qualified persons at the minimum rate, or when a new employee possesses exceptional qualifications, the Mayor may recommend to the Council that the original appointment be made in a higher step in the classification pay range.

Time of payment. All employees in the Town civil service system shall be paid biweekly.

Step increases in pay. The compensation plan previously adopted is designed to provide pay increases to employees to reward ability and efficiency, and to compensate increased value to the Town through length of service.

Pay increases shall be given at the end of the first six months of employment and once biennially thereafter until the top step of the pay range has been reached.

Exceptional and outstanding employee performance may be further rewarded on a limited basis by advancement in step increases in shorter periods of time, on recommendations of the department head and approval of the Mayor; provided the Director of Finance shall certify that sufficient funds are available in the budget of the department affected. Similarly, salary advances may be withheld for disciplinary purposes or where the employee's performance does not justify the scheduled salary advancement.

Increases within budgetary limits shall normally be for one step at a time within the limits of the pay range for each classification. The date of appointment to each position shall be the date from which service credit is computed for leave and pay purposes.

Increases shall take effect at the beginning of a new pay period and shall be processed and approved by the Mayor and Personnel Board before taking effect.

Time lost, due to any leave of absence, without pay, longer than two weeks in duration (except injury leave and military leave) shall be deducted from the eligible time for periodic increases.

No employee shall be paid more than the maximum for his classification.

Part-time rates. An employee who works regularly, at less than the established hours of employment, may be paid by the hour or at a salary proportionate to the amount of time worked. The basic pay scale shall be the minimum rate in the classification for which the employee is hired.

Overtime. All employees required to work overtime shall be paid for additional time worked. All overtime shall be paid at 1 1/2 times the regular rate.

No overtime shall be paid until after the hours required for the basic work week shall have been worked. Vacation leave or holiday leave shall be credited as hours worked during the week in which taken. Sick leave shall not be credited as hours worked for the purpose of determining overtime pay.

Department heads must certify all overtime to the Mayor prior to its authorization and must certify the number of overtime hours worked prior to payment. No employee shall be permitted to work more than nine hours overtime following a regular work day without express approval of the Mayor and female employees are limited to 48 hours of work per week and not in excess of nine hours per day in accordance with state law.

Overtime shall be reported exactly as worked, and shall be paid accordingly.

Leave pay. When an employee is absent due to authorized occupational disability or injury leave, sick leave, vacation or special leave with pay, he will be paid his regular pay and authorized allowances.

Terminal pay. All employees who leave the service of the Town for any reason shall receive all pay which may be due them with the following qualifications:

Regular employees who have completed one year of service shall be paid for all unused vacation time. Employees who leave before completing one year of service shall not be entitled to any vacation pay.

Regular employees who are retired or die in the service of the Town shall be paid for all unused sick leave not to exceed 90 days and all accumulated vacation leave.

Employees who are granted military leave of absence shall also be paid earned but not used vacation leave to the date of their separation computed in the usual manner. Accumulated sick leave shall be credited to them upon return to employment.

§ 47-11 General provisions and responsibilities.

Working relationship.

It shall be the duty of each employee to maintain high standards of cooperation, efficiency and economy in his work for the Town. Department heads and supervisors shall organize and direct the work of their unit to achieve these objectives.

When work habits, attitude, production or personal conduct of an employee falls below a desirable standard, as determined by the annual rating, supervisors should point out the deficiencies at the time they are observed. Warning in sufficient time for improvement should precede formal discipline, but nothing in this section shall prevent immediate formal action whenever the interest of the Town requires it.

Physical fitness. It shall be the duty of each employee to maintain standards of physical fitness required for the performance of his work. When a department head has reason to believe that the physical fitness of an employee constitutes a hazard to persons or property, he may request the employee to submit to medical examination by the Department of Health at the Town's expense. The employee shall be paid for the time required for such examination when it is for the sole purpose of determining his physical condition relative to Town employment.

Employees; public office. In accordance with the provisions of the Town Home Rule Charter, no employee of the Town shall hold an elective office in the Town government while in the employ of the Town. No person shall be eligible to hold any paid office or employment in the Town government who holds any other Town office, or civil office, legislative, executive or judicial, in either the state or federal government, except that of Notary Public, Justice of the Peace, or member of the National Guard or Armed Forces Reserve [Town Charter Sec. 19-4(4) and (5)].

Residence.

All employees shall be required, as part of their working agreement, to furnish their supervisor any change of address, and the same shall be forwarded to the Personnel Board to be filed as part of the personnel record of such employee.

No employee shall be permitted to maintain his residence outside the corporate limit of the Town of Johnston without express permission of the Town Administrator.

Use of time clocks. In any department of the Town which requires the use of a time clock for establishing work time records, it shall be required that individual employees register working time on such clocks for their own working hours only. Any employee who registers working time for any other employee may be subject to disciplinary action.

Outside work. No full-time employee holding a position under the classified service shall engage in any outside business activities, however remote from the function of his position, which will in any way interfere with the employee's regular duties, or embarrass or bring discredit to either the employee or the Town.

Safety. All employees shall be required to take every precaution to prevent accidents to himself, to his fellow employees and the public.

All drivers of motor vehicles owned or used by the Town shall be responsible to maintain the standards of physical fitness required to the operation of such motor vehicles and shall be required to obey all traffic rules and regulations prescribed by law and to use every precaution to prevent accidents.

It shall be the duty and responsibility of all operators of motor vehicles or equipment, both heavy and light, to report immediately to their supervisor any defect in their mechanical equipment, and, when same occurs, to use every precaution to prevent accidental loss, expense, or recurrence of such condition.

Operators of all motorized equipment used in the service of the Town who violate this rule or become involved in any accident will be subject to disciplinary action if upon investigation it is determined that the employee was responsible for such accident or through carelessness or recklessness contributed to the cause of such accident.

All employees whose duties require the operation of office equipment, machinery or tools of any kind or nature shall use every precaution in the prevention of accidents to themselves or other employees and shall be chargeable with the responsibility for the proper operation of all equipment used the normal function of their duties.

General personnel policy. The personnel policies herewith adopted shall become a part of any employment agreement of any employee, and a copy shall be given to each employee by the Mayor or the Personnel Board. The policies may be changed or amended at the discretion of the Mayor and the Town Council, in accordance with Town Charter or statutory provisions. Each employee is expected to have a thorough working knowledge of his job and should possess a profound respect for his work. He should be endowed with the spirit that his effort is of importance and that his work is of worthwhile value. He should possess a knowledge of the relation of his job to those of other employees and to the entire Town. Employment in a position, either permanent or temporary, is not recognized as a vested right, and shall be continued only when the standard of service justifies the continuance.

§ 47-12 Affirmative action and equal employment opportunity.

Policy of Town stated. It shall be the policy of the Town to conform to the provisions of the Equal Employment Opportunity Act of 1972 through the reinforcement of the merit principle of employment by assuring that all segments of society, especially members of minority groups, women, handicapped, and aged, have an opportunity to enter the Town service on the basis of open competition and advance according to their relative ability.

Principles incorporated within merit system. To assure this, the Town will incorporate the following principles within its merit system:

The recruiting, selecting and advancing of employees will be done on the basis of their relative ability, knowledge and skills, including open consideration of qualified applicants for initial appointing.

The Town will provide equitable and adequate compensation to all employees within the classified service.

Employees will be trained as needed to assure high service.

Employees will be retained on the basis of the adequacy of their performance. Inadequate performance will be corrected where possible through job counseling, evaluation and employee interviews and employees will be separated whose inadequate performance cannot be corrected.

The Town will assure fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, marital status or privacy and constitutional rights as citizens.

The Town will assure that its employees are protected against coercion for partisan official purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the results of an election or a nomination for office.

Taking affirmative action shall not mean that the Town will give preferential treatment to minority groups, women, handicapped, or the aged, but will provide equal employment and advancement opportunity for all.

§ 47-13 Indemnification of public officials and employees.

[Added 12-15-1986 by Ord. No. 639; amended 11-14-2005 by Ord. No. 2005-22]

Indemnity. The Town Council hereby specifically indemnifies the hereinafter named elected and appointed officials of the Town of Johnston from all loss, costs, expense and damage, including legal fees and court costs, if any, arising out of any claim, action, compromise, settlement or judgment by reason of any intentional tort or by reason of any alleged error or misstatement or act or omission, or neglect or violation of the rights of any person under any federal or state law, including misfeasance, malfeasance or nonfeasance or any act, omission or neglect contrary to any federal or state law which imposes personal liability on any such employee, official or member, if such employee, official or member at the time of such intentional tort or act, omission or neglect was acting within the scope of his or her official duties or employment.

Excluded from indemnification. The Council hereby specifically excludes from such indemnification any employee or official covered by this subsection from any misstatement, error, act or omission or neglect, if the same results from willful, wanton or malicious conduct on the part of such covered official. It shall be the sole province of the Council to decide whether said acts are covered or omitted under this subsection. Covered under this subsection are payment of counsel fees or other expenses incurred in connection with the conduct of such defense, including payment of the judgment thereon or any settlement or compromise thereof.

Employees and officials. The public officials and/or employees covered by the within sections are as follows:

Mayor.

Administrative assistant to the Mayor.