[Adopted 12-4-1991 as Ch. II, Art. 2 of the 1991 Code]
A. 
The purpose of this personnel policy is to set forth rules and regulations and to establish procedures to guide administrative actions concerning personnel activities and transactions.
B. 
The provisions of this personnel policy shall apply to all positions funded, in whole or in part, by or through the Town of Princess Anne, except those positions covered by other approved personnel regulations and plans.
A. 
The Town Manager shall serve as the personnel administrator for the administration and the interpretation of the provisions of this policy.
B. 
All appointments, separations and other personnel transactions must be made in writing as designated by the Town Manager and be filed in the employee's personnel record. The name, address, classification and salary of employees and former employees are available for public inspection at reasonable times by written request or personal appearance. The Town Manager shall maintain such records as are necessary for the administration of this policy and shall submit to the Town Commissioners, upon their request, such information as they may desire.
An employee shall first present a grievance to his/her supervisor, who shall make careful inquiry into the facts and circumstances of the complaint. An employee who is dissatisfied with the decision of the supervisor may notify the Town Manager, stating the reasons for his/her complaint, including all pertinent facts of the case. The Town Manager shall investigate the complaint and submit a report, in writing, to the Town Commissioners. The Town Commissioners may hold a hearing on the grievance. The decision of the Town Commissioners shall be final.
A. 
Vacancies may, upon approval of the Town Commissioners, be filled by transfer or promotion of full-time employees presently employed full time by the Town. Except for vacancies filled by promotion or transfer, the Town Manager shall advertise that vacancy once a week for two weeks in a newspaper of general circulation. All applications for employment shall be in writing, on forms prescribed by the Town Manager. The Town Commissioners may waive the requirement for advertisement for temporary or part-time positions. The Town Commissioners may waive the requirement for advertising for a vacancy if a similar vacancy has been advertised within the immediately preceding 60 days. The provisions of this subsection shall not apply to nonclassified employees.
B. 
All positions shall be open to any person meeting the requirements as listed on the public announcement for that position. Consideration shall be given to experience, education and character. Applications will not be accepted for permanent employment for applicants under 18 years of age. The Town Manager may reject an application which indicates that the applicant does not possess the requirements as specified by that particular position description.
[Amended 12-1-1997 by Ord. No. 97-08]
C. 
The supervisor in whose department the vacancy occurs shall review all applications received for that position, shall conduct interviews as necessary and shall submit to the Town Manager the best qualified applicant or applicants for appointment to that vacancy. The Town Commissioners shall make the final appointment to fill the vacancy based upon the recommendation of the supervisor and the Town Manager.
D. 
An employee will be considered in a probationary or temporary basis for the first six months of employment. All police officers shall remain in a probationary status for a period of one year from the date of appointment to the Police Department. Each new police officer must successfully complete a ten-week entrance-level police training course during his/her first year of employment. Failure to pass this course will result in dismissal from the Police Department. During the probationary period, the supervisor shall assess the quality of work performed and the ability of the employee. If, in the opinion of the supervisor, the employee is not capable of filling the job requirements, said employee shall be released without further cause. The supervisor may extend the probationary status for an additional period of time from one to six months if it is thought further training and/or experience is needed. An employee who has his/her probation extended will be denied any cost-of-living increase during the period of extended probation.
E. 
Temporary positions may be created by the Town Commissioners to fill temporary vacancies or to meet temporary employment needs. A temporary position shall be a position which is full time in nature but of a limited term. A part-time position shall be a position which is less than full time in nature and which may be continuous or noncontinuous.
F. 
An employee promoted to fill a vacancy in a position of a higher grade shall not receive a lower rate of pay than that employee's present rate of pay. No position shall be reclassified to a higher-grade position unless that position's responsibilities have been significantly increased. The supervisor shall submit, in writing, to the Town Commissioners a detailed explanation of the nature of the changes in duties and responsibilities and the need for such higher classification. An employee serving in the position which is to be reclassified may not be promoted to the higher classification unless that employee meets the requirements of the new classification and can perform its new duties and responsibilities.
G. 
All separations of employees from Town service shall be designated as one of the following types and shall be accomplished in the manner indicated:
(1) 
Resignation. An employee may resign by submitting, in writing, his/her desire to leave his/her Town position and the effective date to the Town Manager. In order to resign in good standing, an employee shall provide sufficient notice.
(2) 
Layoff. When it becomes necessary to reduce the work force because of a shortage of funds or work, the abolition of the position or other material changes in the duties of the position, employees shall be laid off on the basis of length of service.
(3) 
Quit. An employee who fails to report for three consecutive workdays without authorized leave shall be separated from the payroll and reported as quit. An employee who quits is not eligible for reemployment and shall not be paid for any accumulated leave.
(4) 
Suspension or dismissal.
(a) 
The following types of violations will result in a suspension of three to five days without pay. On the occasion of a second violation of any of the reasons listed, an employee may be immediately dismissed from Town employment.
[1] 
Tardiness in reporting for work.
[2] 
Unexcused absences.
[3] 
Failure to properly report accidents or personal injuries.
[4] 
Any behavior (spoken or unspoken) toward the public which is considered unmannerly, discourteous, impolite or generally unbecoming of a Town employee.
[5] 
Other reasons of a similar nature, whether or not specified in the Town personnel policy.
(b) 
The following types of violations may result in immediate dismissal of any employee:
[1] 
Insubordination.
[2] 
Failure to follow direct orders.
[3] 
Any physical attack upon another Town employee.
[4] 
Use of intoxicating liquors, narcotics or dangerous drugs, without a doctor's prescription, on municipal property, in municipal equipment or while on the job at any location.
[5] 
Reporting for work under the influence of alcohol or any other drug.
[6] 
Repeated unexcused absences.
[7] 
Theft or misuse of Town property or property belonging to another Town employee.
[8] 
Conviction of a felony.
[9] 
Refusal or neglect to pay just debts.
[10] 
Willful destruction of Town property.
[11] 
Careless or reckless use of Town property which results in destruction of or damage to that property.
[12] 
Inability or unwillingness to perform reasonable tasks assigned by the supervisor.
[13] 
Work attitudes or actions which endanger the health, safety or welfare of other Town employees or the general public.
[14] 
Falsification of records.
[15] 
Other reasons of a similar nature, whether or not specified in the Town personnel policy.
(5) 
Retirement. It is mandatory that an employee must retire on the last day of the workweek that includes his/her 70th birthday.
(6) 
Death. When a regular employee dies when in service of the Town of Princess Anne, there shall be paid to the personal representative of the estate of the deceased one week's pay in addition to earned annual leave.
H. 
Any former employee who has resigned in good standing may be rehired, if a vacancy exists, to the same or similar position from which he/she resigned within two years of the date of resignation. An employee reinstated under this subsection is entitled to longevity benefits enjoyed at the time of his/her resignation.
I. 
No new positions may be created without approval of the Town Commissioners. The Town Manager shall forward his/her request to the Town Commissioners for the creation of a new position, along with a comprehensive job description and a recommended pay grade. Such position shall be filled in accordance with the provisions of Subsection A of this section.
J. 
Nothing contained in these employment procedures and provisions shall prevent the Town Commissioners from utilizing contract personnel service when considered to be in the best interest of the Town.
[Amended 11-2-1992]
A. 
Prior to the beginning of each fiscal year, the Town Commissioners shall adopt, by resolution, a classification plan, a compensation plan and an organization plan.
B. 
All positions shall be classified in accordance with the duties and responsibilities of that position. For each position there shall be a job description containing a definition of the job, examples of work, required knowledge, abilities and skills and desirable qualifications for that position. The Town Commissioners may adopt separate classification plans as determined necessary.
C. 
The organization plan shall be a detailed listing of authorized positions for the Town of Princess Anne.
D. 
Full-time employees will be expected to work a minimum of 35 hours per week. The Town Commissioners may also establish positions or groups of positions which shall be required to work a minimum of 40 hours per week.
E. 
For each classification plan, there shall be a compensation plan which details the rate of pay for each position.
(1) 
Entrance into service. A newly appointed employee shall enter the compensation plan as provided for in § 24-4D of this article.
(2) 
Overtime and compensation time will be determined as follows:
(a) 
An employee who is in an executive, administrative or professional position shall not be entitled to overtime pay or compensatory time. Employees of the Town of Princess Anne who are not entitled to overtime pay or compensatory time include, but are not limited to, the Town Manager, Police Chief, Town Attorney and department heads.
(b) 
Overtime payment shall be authorized for all police officers. All other overtime payments must be approved by the Town Manager.
(c) 
When an employee is required to work in excess of the normal working hours prescribed for that position, that employee may be granted compensatory time off with the approval of the Town Manager. If granted, compensatory time for nonsupervisory positions must be taken within the pay period that the overtime would have been incurred. At termination of employment, the employee shall receive payment for compensatory time accumulated in the pay period in which his/her employment is terminated at the overtime rate of payment for his/her position.
[Amended 1-9-1995 by Ord. No. 94-13]
(3) 
Cost-of-living increases. Any cost-of-living increase shall be applied to the entire compensation plan upon the annual adoption, by resolution, of the plan.
A. 
Except as may be provided by law, the several categories of employment shall be eligible to receive benefits as described herein:
(1) 
Permanent full-time employees shall receive paid holidays, annual leave, medical and hospitalization benefits, sick leave, special leaves, workers' compensation, social security, compensatory time and Christmas bonus.
(2) 
Temporary employees shall receive workers' compensation, social security, compensatory time and paid holidays if said employees are present for work for the entire pay period during which that holiday occurs.
(3) 
Part-time employees shall receive workers' compensation and social security.
B. 
The following are designated as regular paid holidays for Town employees. If the holiday falls on a Saturday it will be celebrated on the Friday immediately preceding. If the holiday falls on a Sunday it will be celebrated on the Monday immediately following. Paid holidays shall be granted on those days which are designated as regular holidays for Town employees. Police officers who must work on said holidays shall receive pay at straight-time rate for said holiday. The regular holidays are:
New Year's Day
Martin Luther King's Birthday
Washington's Birthday
Maryland Day
Good Friday
Memorial Day
July 4
Labor Day
Columbus Day
Veterans Day
Thanksgiving
Christmas
C. 
Employees shall be granted a Christmas bonus based on length of employment with the Town of Princess Anne. The Christmas bonus shall be $25 for the first year of employment, with $1 added to said bonus for each additional year of employment.
D. 
Annual leave shall be granted to an employee based on the length of employment and scheduled as follows:
(1) 
From the date of employment through and including the second year of service, an employee shall accrue 0.50 day (four hours) of annual leave per month.
(2) 
For the third year through and including the fifth year of service an employee shall accrue 0.75 day (six hours) of annual leave per month.
(3) 
For the sixth year through and including the 10th year of service an employee shall accrue one day (eight hours) of annual leave per month.
(4) 
For the 11th year of service and beyond an employee shall accrue 1.25 days (10 hours) of annual leave per month.
(5) 
Annual leave cannot be authorized until it has been earned. Authorization for annual leave must be made by the Town Manager.
(6) 
An employee must not accrue leave in excess of 10 days.
(7) 
Upon termination in good standing an employee shall be paid all accrued leave.
(8) 
Annual leave in excess of 10 days must be used prior to December 31 of each year. No pay for days in excess of 10 shall be received without the approval of the Town Manager.
(9) 
Any excess annual leave for the Town Manager at termination of employment must be approved by the President and Commission.
[Added 1-9-1995 by Ord. No. 94-13]
E. 
Medical insurance. Voluntary group medical and hospitalization insurance shall be provided by the Town for Town employees.
F. 
Sick leave. Sick leave shall be earned at the rate of one day per month. Upon termination of employment, an employee will not be paid for accumulated sick leave, but upon termination of employment, unused sick leave may be rolled into the employee's benefits under the State Retirement System, provided that such employee is vested under the system.
[Amended 1-9-1995 by Ord. No. 94-13]
G. 
Special leave.
(1) 
Military leave. Any permanent employee who leaves the service of the Town to join the military forces of the United States during the time of war or other national emergency, as determined by the Town Commissioners, shall be placed on military leave without pay. Such an employee shall be entitled to be restored to the position which he/she vacated or a similar position for which he/she is qualified, provided that he/she makes application to the Town Manager within 90 days of the date of his/her honorable discharge and is physically and mentally capable of performing the work of this position. Any permanent employee who is a member of the United States Military Reserve or National Guard Unit and is required to take military leave will be entitled to receive from the Town, when his/her Town pay is greater than his/her military pay, the difference between his/her Town pay and his/her military pay for a period not exceeding two weeks in one year. Military leave shall not be deducted from other leave earned by the employee.
(2) 
Educational leave. A permanent employee may be given educational leave without pay for the purpose of taking courses directly related to his/her work. A request for such leave must be approved in advance by the Town Commissioners. Since the time required for educational leave may vary from case to case, the Town Commissioners may review and decide on the merits of each case.
(3) 
Funeral leave. Permission for funeral leave caused by death in the immediate family for a maximum period of three workdays may be granted by the supervisor with approval of the Town Manager. Funeral leave shall not be deducted from any other leave earned by the employee. "Immediate family" shall mean father, mother, wife, husband, brother, sister, son, daughter, father-in-law, mother-in-law, brother-in-law or sister-in-law.
(4) 
Maternity leave. Pregnant employees, on the approval from the Town Commissioners, may be granted leave without pay. Maternity leave may not exceed the balance of the six-month period remaining after leave for maternity purposes or annual leave taken for that period of pregnancy. Failure of an employee to return to duty upon the expiration date of leave shall be interpreted as a resignation.
(5) 
Jury service. An employee who shall serve as a member of any jury shall be permitted to be absent from duties without being charged any leave. If, after serving for jury duty, it is determined that the jury services are not required and he/she is dismissed that day, he/she is required to return to his/her regular job. An employee who is selected for jury service shall notify the Town Manager without delay.
(6) 
Subpoena. An employee who shall be summoned by subpoena to appear in a court action shall be permitted to be absent from his/her duties without losing pay and without charge against any leave, provided that he/she is not a paid witness.
(7) 
Leave without pay. The Town Commissioner may grant a permanent employee a leave of absence without pay for a period not to exceed one year. Failure of an employee to return to duty upon the expiration of his/her leave without pay shall be interpreted as resignation.
(8) 
Request for leave. An employee must give sufficient notice, in writing, to the supervisor for any request of special leave. The supervisor shall forward a copy of the employee's request, along with his/her recommendation, to the Town Manager. Leave that constitutes five days or less may be granted by the supervisor with the approval of the Town Manager.
(9) 
Vacancies created by special leave. The Town Commissioners may authorize the employment of a temporary employee to fill temporary vacancies created by a special leave. Such temporary employment shall terminate upon the return to work of the employee on special leave.