AN ORDINANCE AMENDING CHAPTER 14, ARTICLE II THROUGH ARTICLE X OF THE TOWN CODE OF ORDINANCES REGARDING HUMAN RESOURCES POLICIES (2006-06-26/O-4)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Chapter 14 of the Town Code of Ordinances is hereby revised to read as follows:
“ARTICLE II.
POSITION CLASSIFICATION PLAN
Sec. 14-8. Purpose.
The position classification plan provides a complete inventory of all authorized positions in the town service, and an accurate description and specification for each class of employment. The plan standardizes job titles, each of which is indicative of a definite range of duties and responsibilities.
Sec. 14-9. Categories of positions defined.
There are two
(2) categories of town positions, regular and non-regulartemporary:
(1)
(1) "Regular
positions" are those specifically authorized as either full-time or
part-time by the town council, where continuous employment of at least twelve
(12) months duration is required by the town. The
types of regular positions include:
a.
Full-time positions: are those for
whichhaving an average work week of fewer
thanat least thirty-seven and one-half
(37.5) hours and not greaterthan 40
scheduled hours is required,
b.
and pPart-time
positions: are those for
which at least having an
average work week of not less than twenty
(20) hours and less than but fewer than
thirty-seven and one half hours thirty-seven and one-half
(37.5) hours is required.
c. Part-Time positions having fewer than 20 scheduled hours per week or less than 1020 hours per year:
d. Fire and Police positions may have a fluctuating or variable average work week which is greater than that of other Town positions.
Employees
appointed to regular full-time or part-time positions are eligible for the
benefits described in this chapter except that regular
positions having an average of fewer than 20
scheduled hours per week or less than 1020 hours
per year receive no benefits..
(2) Non-regularTemporary
positions are those where titles and funding are approved by the Ttown
cCouncil
but where specific numbers of employees filling these positions are at the
discretion of the town manager based on service needs. Non-regularTemporary
positions may be for seasonal activities, for special projects or training
purposes, or for year-round program needs.
BenefitsDeductions
and benefits for employees in non-regular regular
positions of less than twenty hours per week and temporary
positions are limited to statutory or mandated programs such as
the
Federal Insurance Contributions Act (FICA) and workers'
compensation insurance. These positions are not
eligible for any other benefit programs.
All Ttown
positions are subject to budget review and approval each year, and employees
must meet established standards of conduct and job performance. Reference to
"regular or permanent employees" or
"regular positions" should not be construed as a right or contract to
perpetual funding or employment.
Sec. 14-10. Categories of employees defined.
There are threefour
(3)(4)
categories of town employees: full-time, part-time, those with work schedules
of less than 20 hours per week and non-regulartemporary:
(1) "Full-time employees" are those who work
in regular full-time positions that are authorized by the tTown
cCouncil
and for which an average work week of at least not
fewer than thirty-seven and one-half (37.5) hours is required by
the tTown.
(Layoff and authorized leave-without-pay do not interrupt continuous employment
for purposes of this section, and are omitted in calculations of the average
work week.)These include Fire and Police employees who have
fluctuating workweeks which exceed forty hours.
(2) "Part-time employees" are those who are
in regular part-time positions that are authorized by the tTown
cCouncil,
and for which an average work week of at leastnot less
than twenty (20) hours and less but less than thirty-seven
and one half (37.5) than thirty-seven and one-half
(37.5) hours is required by the tTown.
An employee may work part-time hours in a position authorized by the tTown
cCouncil
as full-time from time to time, with
advance approval by the department head and the Town Manager due
to operational reasons, lack of full funding for the position, or for personalother
approved reasons. (Layoff and authorized leave-without-pay do not
interrupt continuous employment for purposes of this section, and are omitted
in calculations of the average work week.)
(3) “ Less than 20 hours employees” are those who are in regular positions with less than twenty (20) hours per week or 1020 hours per year on a continuing basis. These employees do not receive benefits nor earn accrued sick or vacation time.
(34) "Non-regular
employees" (also referred to as "contract
employees" or "Ttemporary
employees") are those working in one (1)
of the following situations:
a. Employees serving in seasonal
positions or positions of less than twelve (12) month's duration;
b. Employees serving in apprenticeship or internship positions, or other positions of specific limited duration;
c. Employees serving in
year-round positions requiring less than twenty (20) hours of work per week. (Employees
filling non-regular positions who elect to work additional shifts may
accumulate hours beyond twenty (20) hours a week for more than twelve (12)
months);
dc. Employees
temporarily filling regular full-time or part-time positions for twelve (12)
months or less due to the absence of the regular employee.
Sec. 14-11. Reserved.
Sec. 14-12. Reserved.
Sec. 14-13. Use of position classification plan.
The classification plan is to be used:
(a) As a guide in recruiting and examining applicants for employment;
(b) In determining lines of promotion and in developing employee training programs;
(c) In determining salary to be paid for various types of work;
(d) In determining personnel service items in departmental budgets; and
(e) In providing uniform job terminology.
Sec. 14-14. Administration of the position classification plan.
The tTown
mManager
shall be responsible for the administration of the position classification
plan, and shall periodically review the entire position
classification plan and recommend monitor and periodically
recommend appropriate changes to the tTown
cCouncil.
The hHuman
rResources
officeDepartment
under the direction of the tTown mManager
shall have continuing responsibility to assure that this policy is implemented.
Sec. 14-15. Adoption of position classification plan.
The position classification plan shall be adopted and revised by ordinance by the town council.
Sec. 14-16. Plan filed.
The position
classification plan and amendments thereto shall be furnished to the members of
the tTown
cCouncil
and shall be on file with the town clerk, the hHuman
rResources
officeDepartment and
copies made available to all town employees upon request.
Sec. 14-17. Request for reclassification.
Any employee
who considers the position in which classified classification
of his/her position to be improperinaccurate
shall submit a request in writing giving reasons for
requesting a review of the position reclassification
to such
employee's immediate supervisor, who shall
immediately transmit the request to
the department head. Upon receipt of such request, the department head in
consultation with the hHuman rResources
officeDepartment,
shall proceed as follows:
(a) In the event it is determined there is meritsufficient
basis for in the request, the department
head Human Resources Department
shall take steps to have a job review completed and make any shall
immediately transmit suc h
recommendation for change to the town manager in
writing, or
(b) In the event it is determined such request is not justified, the department head shall after discussion with the Human Resources Department so advise the employee in writing of this finding, and also of the employee's right to appeal this finding under the grievance procedure.
ARTICLE III.
PAY PLAN*
__________
Sec. 14-18. Defined.
The pay plan includes the basic salary schedule adopted and amended by the town council. The salary schedule consists of minimum rates, intermediate salary steps, and range midpoints, also called job rate, and maximum rates of pay for all classes of positions, and a designation of the standard hours in the work week for each regular position. Salary increases within the pay range shall be based on performance.
Sec. 14-19. Effective date of plan.
The pay plan and all amendments shall be effective on the date determined by the town council.
Sec. 14-20. Transition to a new pay plan.
The following provision shall govern the transition to a new pay plan:
(a) No employees shall receive a salary reduction as a result of the transition to a new pay plan.
(b) An employee being paid at a rate lower than the minimum rate established for such employee's class shall be raised to a salary at or above the new minimum for the class.
(c) An employee being paid at a rate below the maximum rate established for the employee's respective class shall continue to be paid at a rate within the new pay range.
(d) An employee being paid at a rate above the maximum rate established for such employee's class shall remain at such rate until such time as their salary falls within the established salary range for the classification.
Sec. 14-21. Starting salaries.
All persons
employed in regular positions (other than trainees)
approved in the position classification plan shall be employed at no less
than the minimum salary for the classification in which they are
employed; however, on the recommendation of the department head and with the
approval of the town manager ,an
exceptionally well-qualified applicants may be
employed at a salary above the minimum but less than the maximum salary
approved for the classification. No employee shall be hired above the maximum of the
pay range approved for the classification.
Sec. 14-22. "Trainee" designation and provisions.
Applicants
being considered for employment or town employees who do not meet all of the
requirements for the position for which they are being considered may be hired,
promoted, demoted, or transferred by the town manager to a "trainee"
position, . if there are
no qualified applicants found following reasonable recruitment efforts.
In such
cases, a plan for training, including a time schedule, must be prepared and
approved by the town manager. "Trainee" salaries may be as much as
ten (10) per cent below the normal hiringminimum rate
of the position for which the person is being trained. A new employee designated
as "trainee" shall be regarded as a probationary employee. New
employees hired as trainees shall serve the usual probationary period.
If the
training is not successfully completed as plannedwithin
the established timeframe, the trainee shall be terminated in
accord with the provisions of Article VI, or, if the trainee
transferred tofrom another town
position,
may be returned to the employee's previous or a
comparable equivalent
town position, if available. If the training is
successfully completed, the employee shall be paid at least atnot less
than the minimum (hiring) rate for
the position for which the traineeship was developed.
Sec. 14-23. Salary advancement.
Advancement within the salary range to a higher level of pay shall be at the recommendation of the department head, as approved by the manager or the manager's designee, based on the quality of the individual's work performance. Employees' performance will be evaluated at least annually and their eligibility for step increases (below the job rate) and merit increases (above the job rate) determined based on their performance and on policies developed by the manager. (Increases may be limited by budget or by policy.)
Sec. 14-24. Reserved. Salary
upon completion of probationary period.
At the
end of the probationary period, the employee shall be recommended
for a salary increase and shall be recognized as a regular
employee.
Sec. 14-25. Overtime.
Employees of
the town can be requested and may be required to work overtime hours as
necessitated by the needs of the town ands
determined by the department head, and shall be compensated in accordance with
the pay plan.
Sec. 14-26. Court
pay.Reserved.
Police
officers required to appear in court on regular days off shall receive
compensation for the time spent as provided in the pay plan.
Sec. 14-27. Payroll deductions.
Deductions
shall be made from each employee's salary, as required by law. Additional
deductions may be made upon the request of the employee on determinationand as
authorized by the town manager as to capability
of payroll equipment consistent with Town
resources.
ARTICLE IV.
EMPLOYMENT POLICY
Sec. 14-28. Statement of policy.
The policy of the town is to foster, maintain, and promote equal employment opportunity. The town shall select employees on the basis of applicant's qualifications for the job and award them, with respect to compensation and opportunity for training and advancement, including upgrading and promotion, without regard to age, sex, race, color, religion, non job-related disability, national origin, sexual orientation, gender identity, gender expression, or marital status.
Sec. 14-29. Implementation of policy.
All personnel responsible for recruiting and employment will continue to review regularly the implementation of this personnel policy and relevant practices to assure that equal employment opportunity based on reasonable job-related job requirements is being actively observed to the end that no employee or applicant for employment shall suffer discrimination because of age, sex, race, color, religion, non-job-related disability, national origin, sexual orientation, gender identity, gender expression, or marital status.
Sec. 14-30. Recruitment sources.
The town shall include among its recruitment sources the employment security commission and the organizations and media which are utilized by and are available to the local community and to minority group applicants. Detailed information about job openings and the equal employment opportunity policy of the town shall be provided to those recruitment sources.
Sec. 14-31. Job advertisements.
Employment advertisements shall contain assurances of equal employment opportunity and shall comply with federal and state statutes.
Sec. 14-32. Application for employment.
All
persons expressing interest in employment with the town shall be informed of
current job openings and given the opportunity to notify the town of interest
in future vacancies by filing an "interest card" or similar form with
the human resources department; these documents will be maintained for at least
six (6) months and will be used to notify interested persons of vacancies.
The town shall use the most effective means of announcing current job openings in the appropriate media and shall explain the method by which interested persons may make application for consideration.
Persons expressing interest in employment to a vacant position with the town shall be given the opportunity to file an application for employment with the human resources department.
Sec. 14-33. Application reserveretention
file.
The human
resources officedepartment
shall keep a reservestore and retain a
file of all applications received for a period of two (2)
years, or as required by state or federal law.
Sec. 14-34. Qualifications and testing.
The policy of the town is that hiring qualifications for both entry level and promotional level jobs be fair. Qualifications shall be reviewed periodically to assure that requirements conform to the actual job performance requirements and to changing situations.
Tests administered by the town or by other agencies or agents designated by the town shall be only those measuring the skills or abilities related to performance requirements of the job for which they are administered.
ARTICLE V.
RECRUITMENT
Sec. 14-35. Policy.
It is the policy of the town to use the appropriate available means to attract qualified candidates for employment.
Sec. 14-36. Publicizing employment opportunities.
The town manager shall be responsible for publicizing all job opportunities for employment with the town, including the position title , salary, and employment qualifications.
Sec. 14-37. Residency policy.
Residency
Except for the Town Manager, Town employees are not
required to maintain residency within the corporate limits of the
town is
not prerequisite for employment. Recruitment may be
done outside the town limits.
Sec. 14-38. Qualification standards.
Employees shall meet the minimum standards established by the position classification plan unless hired as a "trainee" employee.
Sec. 14-39. Employment procedures.
Whenever a
job opening occurs, and when the procedures set forth in this article have been
completed, the human resources departmentoffice shall work with
the hiring department to screen all applications for the position.
The human resources office shall work with the hiring department to
select the top applicants who meet the qualifications for the position and refer
them to the department head or other supervisory personnel delegated this
responsibility by the department head or town manager.
The
department head or designated staff may interview any or all such screened and
selected applicants, and conduct reference checks. The department head or
designated staff shall attachprovide a
written statement to the Human Resources Director to a
selection recommendation explaining the reasons for the
selection employment of
the recommended candidate.
In the
event that all of the applicants referred by the human
resources department are rejected, with sufficient reason, the
human resources department shall readvertise as needed to recruit submit additional
applicants for consideration by the department, or may readvertise the
vacancy.until a qualified candidate is selected and employed.
ARTICLE VI.
CONDITIONS OF EMPLOYMENT
Sec. 14-40. Employment of relatives.
The town strongly discourages the hiring of relatives, including domestic partners as defined in Chapter 1 of the Town Code, or of persons with a close personal relationship within the same department, division, or work group, and does not allow the establishment of supervisor/employee relationships between relatives, domestic partners or persons otherwise having a close personal relationship. However, the town does not discourage the employment of related persons working in different departments or work units. The town will not hire a relative of a current town employee into any regular position at or above the division head level.
For the purpose of this section, domestic partners are further defined as two (2) persons who have established financial and legal ties, such as a joint mortgage, health care power of attorney, beneficiary of will or insurance policies, or other similar financial and/or legal relationships.
Sec. 14-41. Probationary
period of employment--Generally.
New employees,
promoted employees, or an employee transferred to another position,
shall serve a probationary period of six (6) months, except for department
heads,
firefighters and law enforcement officers, who shall serve a
probationary period of one (1) year.
If recommended by the department head, the probationary period may be extended up to an additional three (3) months to allow further evaluation of performance. In such cases, the employee must be notified in writing of the purpose of the extension, the conditions, and the length of time of the extension. This notice must be provided to the employee before the expiration date of the original probation period.
During a new
employee's probationary period or any extension thereof, departments may grant
an employee's request to use accumulatedaccrued annual
leave based on the operational needs of the department and the needs of the
employee.
Sec. 14-42. Same--Evaluation.
A
probationary employee whose work is judged unsatisfactory
should normally receive one or more orala written
warnings and a written warning to assist the employee in
understanding and fulfilling the responsibilities of the position at a
satisfactory level before being terminated by his department head or
the manager. This warning shall be in writing from the employee's
supervisor, stating the deficiency in the employee's performance and
designating a reasonable period in which the employee shall display satisfactory
performance. If the employee's work is not satisfactory during said designated
period, the employee may be terminated.
Except in
unusual cases, the written warning shall be preceded by one or more oral
warnings or counseling sessions, with or without notations in the employee's
file to assist the employee in fulfilling the responsibilities of the position.
Such oral warnings are not, however, a prerequisite, in all cases, to the
written warning described above.
In
unusual cases, for specific reasons approved by the manager, the probation
period may extended for a period of up to six (6) months. In such cases, the
employee must be notified orally and in writing of the purpose of the
extension, the conditions, and the length of time of the extension.
Sec. 14-43. Same--Recommendation.
Before the end of the probationary period, the supervisor shall recommend to the department head whether the employee shall be retained or terminated. Prior to such recommendations, the supervisor shall have accomplished and documented the following:
(a) That there has been discussed with the employee, the employee's accomplishments, failures, strengths, and weaknesses;
(b) Whether the employee is performing satisfactory work;
(c) Whether the employee should be retained in the position;
(d) Whether the employee should be terminated.
Sec. 14-44. Same--Termination.
A
probationary employee terminated during their probationary period or extension shall
be entitled to rights of appeal through the grievance procedure, and, with
proper notice, will be paid for accumulated unused accrued
annual leave.
Sec. 14-45. Promotion of employees; policy.
It is the
policy of the town to encourage that vacancies in regular positions
above the lowest rank in any category in town services to be
filled by the promotion of employees of the town when possible.
(
Sec. 14-45.5. Same--Defined.
Promotion is defined as movement by an employee to a job classification with a higher salary grade, usually as a result of a competitive selection process.
Sec. 14-46. Same--Salary.
When an
employee is promoted, the employee's salary shall normally be
advanced at least to the minimum level for the
new position, or to a salary which provides at leastnot less
than a five (5) per cent increase over the salary before
promotion; provided, however, that the new salary may not exceed the maximum
rate of the new salary range. Qualifications, length of service and internal
equity considerations within the work unit shall all be considered in this
decision. When these circumstances justify it, the Town
Manager may authorize an increase of more than
five (5) per cent.
Sec. 14-47. Reserved. Same--Probationary
conditions.
An
employee who is promoted shall be considered on probation for the first six (6)
months in the new position for the purposes of evaluation, but shall not be
denied any of the employee benefits that would be provided if the promotion had
not occurred. If at any time during the probationary period the employee's work
is found to be unsatisfactory, the procedure for evaluation as set forth in
section 14-42 shall be followed, except that the employee shall not be
terminated, but shall be reinstated in the employee's former position or one of
comparable seniority, status, and salary. Before the end of the probationary
period the supervisor shall proceed as required by the provisions of section
14-43.
Sec. 14-48. Outside and dual employment.
(a) The work of the town shall have precedence over other occupational interests of employees. The town manager shall have the right to review outside employment for salary, wages, or commissions which must be reported to the town manager to determine whether such employment is in conflict with the interest of the town. Continuation of conflicting outside employment after notice to cease may be grounds for disciplinary action up to and including discharge.
(b) No regular full-time
or regular
part-time employee of the town shall simultaneously hold a second
full- or part-time position with the town, whether regular or
temporary.. No
part-time employee of the town shall simultaneously hold a second full- or
part-time position with the town. A full- or part-time
employee may simultaneously hold a contract
position, where the contract position is in a different
department or clearly different program area from that of the full- or
part-time position; however, the work of the full- or part-time position shall
take precedence over the contract position.
Sec. 14-49. Demotion.
Any employee
whose work is judged and documented as unsatisfactory
or
who becomes unable to perform the requirements of such positionor who is
unavailable for work or no longer meets the job
requirements is subject to demotion or dismissal in accordance
with the procedures outlined in this chapter; provided, however, that an
employee showing promise of becoming a satisfactory employee in another vacant
position may apply tobe considered for be
demotedion
or transferred to that position.
Sec. 14-50. Pay rate for demotion.
Demotion is
defined as movement by an employee to a job classification with a lower salary
grade; demotions may be either voluntary or disciplinary. When an employee is
demoted to a position for which qualified,
the salary shall be set at thea rate within the
lower pay range. If the demotion is disciplinary (for cause), the employee's
pay shall be reduced; if the demotion is voluntary, the employee's pay may be
reduced. Policies on rates of pay following different types of demotion shall
be established by the manager.
Sec. 14-51. Transfer.
Any employee
of the town may be transferred to another position at the same pay grade
in the same or in another department of the town if approved by the town
manager. This transfer shall not be considered a break in service.
The employee shall not be denied any of the
employee benefits that would be provided if the transfer had not occurred.
Sec. 14-52. Right of appeal.
Any employee demoted or transferred for cause may appeal the action in accordance with the grievance procedure.
Sec. 14-53. Reinstatement.
An employee
of the town who is on on
educational, family, sick or other authorized leave shall be reinstated to the
former position or one comparableof
equivalent in seniority, status,
and salary, if such employee returns to town service at the expiration of suchthe
period of approved leave or authorized extension thereof. An
employee who fails to return within the required time shall be considered to
have resigned.
An employee called to extended active duty with the United States military forces shall be reinstated, if qualified, under the provisions of federal law.
A previous
employee who resigns while in good standing and requests reinstatement may be
reinstated to the former position if available provided that such
reinstatement occurs within one (1) year of the date of separation. In such
cases the employee may be reinstated at the previous salary rate, including any
salary increases for which the employee would have been eligible during the
absence. The employee’s Accumulatedaccrued
sick leave and other unused leave balances shall
be restored to an employee who is reinstated within this time period.
The
reinstated employee shall be subject to all pre-employment
requirements as a new employee in the position.
Sec. 14-54. Rehiring.
Other
than the terms of reinstatement described in Section 14-53, a town An
employee who separates from employment and is rehired by the town shall be
regarded as a new employee, subject to all of the provisions of rules and
regulations of this chapter.
An employee
in good standing who is terminated due to a reduction in force shall be given
the first opportunity to be rehired in the same or a similar position for which
qualified for a period of twelve months following the last
day worked. In such cases, an employee who is rehired in the
former or another position within two (2)one
years
shall retain the unused sick leave previously accrued,
and may be rehired at the previous salary. However, once an employee
accepts the severance payment, the employee shall no longer have priority for
consideration for employment in a town position or for reinstatement of their
sick leave.
Sec. 14-55. Acceptance of gifts and favors.
No official or employee of the town shall:
(a) Accept any gift, favor, or thing of value that may be
perceived by a reasonable person as having
an tend to influence on such
employee in the discharge of the employee's duties, or
(b) Grant in the discharge of duty an improper favor, service or thing of value.
Sec. 14-56. Political activity.
No administrative official or employee of the town shall:
(a) Use official authority or influence for the purpose of interfering with or affecting the result of an election or nomination for office;
(b) Directly or indirectly coerce, attempt to coerce, command, or advise a state or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes; or
(c) Be a candidate for elective office under the town Charter.
(d) No Town employee shall be appointed to nor serve on a Town Board or Commission when such appointment or service would create a perception by a reasonable person of conflict of interest or influence over the work of the employee’s operating department. This shall not apply to any special or ad hoc committees appointed by the Council.
Sec. 14-57. ReservedTelephones.
Police
and fire department personnel must have telephone numbers,
and all department heads shall have listed telephone numbers.
ARTICLE VII.
EMPLOYEE BENEFITS*
__________
* State
Law References: City council may provide retirement benefits, enroll
employees in Local Geovernmental
Employees' Retirement system, G.S. § 160A-163.
__________
Sec. 14-58. Eligibility.
Employees of the town shall be eligible for various benefits, as specified in this article or policies developed by the manager. (When used in this article, references to the terms "family or families," "spouse" or "dependent" also include the domestic partners of town employees and the dependents of domestic partners, as defined in Chapter 1 of the Town Code. For purpose of this section, domestic partners must provide documents demonstrating established financial and legal ties, such as a joint mortgage, health care power of attorney, beneficiary of will or insurance policies, or other similar financial and/or legal relationships.)
Sec. 14-59. Group healthmedical and
hospitalization insurance.
(a) Full-time
regular
employees. The town will provide full-time employees group hospitalizationmedical
insurance including family coverage and pay the total cost of the base plan for
the individual employees. Employees and the town will share equally in the
additional cost of the base plan for dependent coverage if
employees desire to purchase such coverage for family members.
(b) Part-time
regular
employees. Part-time employees may, if they so desire,
purchase group hospitalizationmedical insurance
through the town, either for themselves of for themselves and their families.
(1) Where assigned part-time hours are equivalent to
fifty (50) to seventy-four (74) per cent of a full-time position, (but not
less than twenty hours per average workweek) the town will pay half
the cost of individual coverage and a proportional amount of the additional cost of the full-time
employee
share for dependent coverage.
(2) Where part-time hours are equivalent to
seventy-five (75) per cent or more of a full-time position, the town will pay
seventy-five (75) per cent of the cost of individual coverage and a
proportional amount of the additional cost full-time employee
share for dependent coverage.
Provided, however, that where a
part-time employee has worked an average work week of more thannot less
than thirty-seven and one-half (37.5) hours for two (2) quarters,
consecutive or non-consecutive, in a twelve (12) month period, the employee
will be eligible to receive healthmedical
insurance coverage as if he or she were in on the
same basis as a full-time employeeposition.
HealthMedical
insurance coverage would shall
continue at the full-time employee rate for at least twelve (12) months from the
date of the initial change in coverage eligibility. After at least
twelve (12) months, each employee’s'
average work weeks willould
be reviewed during the next period of open-enrollment for
health insurance to determine continued eligibility for full-time healthmedical
coverage. An employee would remain eligible for coverage as long as he/she
continues to work an average workweek of at least not less
than thirty-five (35)thirty-seven and one half (
37.5) hours a weekin each succeeding
quarters. The same principles will apply where a part-time
employee has worked an average work week of betweennot less
than thirty (30) and not more than thirty-five
(35)thirty-seven and one-half (37.5) hours
for two (2) quarters, consecutive or non-consecutive, in a twelve (12) month
period; that employee would receive coverage for seventy-five (75) per cent of
the individual healthmedical
insurance premium and proportional coverage for the dependent health insurance
premium.
(c) Notification.
Information concerning the cost and benefits of the group medical insurance
program shall be available to all employees through the human resources officedepartment.
No changes will be made in the cost, benefits, or coverage of the program
without prior notification to all covered
employees.
(d) Members of the town council are eligible to participate in the group medical insurance program on the same basis as full-time employees. Eligibility for participation in this coverage shall cease with the expiration of the term of office.
Sec. 14-59.1. Group health
and hospitalizationmedical insurance for retiring
employees.
Employees who retire withfrom the
town
employment without a break in service between town employment and retirement
and begin receiving benefits under the local government employees'
retirement system may continue healthmedical
insurance coverage for themselves under the
town's group policy. The town will pay the premium for the coverage (whether on
group coverage or Medicare supplement) based on the number of years
of town service of the retired employee:
Retire with Town Service of |
Individual |
||
At Least |
Not More Than |
Town Pays |
Employee Pays |
5 years |
10 years |
25% |
75% |
10 years |
15 years |
50% |
50% |
15 years |
20 years |
75% |
25% |
20 years |
|
100% |
0 |
Such
employees may elect to purchase health medical insurance
coverage for their familiesdependents,
and shall pay the full cost of this dependent coverage. In the event of the
death of a retired employee who was receiving healthmedical
insurance coverage, the spouse or dependent may elect to continue group
coverage following the expiration of their COBRA benefits by continuing to pay
the full cost of this coverage. A retiring employee eligible
for this benefit who will reside outside the geographic area covered
by the Town’s insurance plan may elect to receive a sum equal
to that paid by the Town for use in obtaining other coverage.
Sec. 14-59.2 Voluntary supplemental insurance. The town will provide employees the opportunity to participate in specified supplemental insurance programs on a voluntary basis at the employee’s expense. This will include a dental insurance program, in which regular employees and council members are eligible to participate.
The town complies with all applicable provisions of the Federal Consolidated Omnibus Budget Reconciliation Act ("COBRA") concerning coverage for former employees and dependents.
Sec. 14-60. Group life insurance.
The town will
pay
the cost of provide group life insurance for each
individual full- and part-time regular employee based on salary.
Employees may elect to insure other members of their family or to purchase additional
coverage under this plan and at their
expense.
Sec. 14-60.1. Group disability insurance.
The town will
pay
the cost of provide disability insurance for each
individual full- and part-time permanent regular
employee based on salary.
Sec. 14-61. North Carolina Local Governmental Employees' Retirement System.
An employee hired as a full-time or part-time employee in a regular position of twenty (20) or more hours per week or 1020 hours per year shall join the North Carolina Local Governmental Employees' Retirement System upon employment.
Sec. 14-62. Reserved.
Sec. 14-63. Workers' compensation.
All employees
of the town (full-time,
part-time, permanent, temporary, and
contract) are covered by North Carolina
Worker's Compensation and are required to report all injuries arising out of
and in the course of employment to their immediate supervisor at the time of
the injury in order that appropriate action may be taken at once. Departments
will comply with the requirements of the North Carolina Workers’ Compensation
law under policies developed and
distributed by the town manager.
Supervisors
must send workers' compensation accident reports to the human resources office
promptly after any on-the-job accident and the accident reports related to
medical expenses or lost time will be forwarded to the town's workers'
compensation claims administrator. A town accident report may also be required
under the town's safety policy.
Sec. 14-64. Workers' compensation leave.
An employee absent from duty because of sickness or disability covered by the workers' compensation laws shall be eligible to receive a town-paid workers' compensation salary supplement under rules developed by the town manager.
Sec. 14-64.1. Deferred compensation.
The town may offer a program of deferred compensation qualifying as such under the Internal Revenue Code as an optional benefit to town employees.
Sec. 14-64.2. Longevity pay.
A program of
longevity pay may be provided to recognize the length of service of town
employees; payment shall be in accordance with provisions in
the pay plan.
ARTICLE VIII.
PAID LEAVE PROGRAMS, HOLIDAYS AND LEAVES OF ABSENCE
Sec. 14-65. Policy.
The policy of the town is to provide annual leave, sick leave, and holiday leave to all full-time and part-time regular employees in positions with work schedules of twenty (20) or more hours per week or 1020 hours per year, and to provide proportionately equivalent amounts to regular employees having average work weeks of different lengths. Paid leave and paid holidays are not provided to temporary employees.
Sec. 14-66. Annual leave rate.
Each full-time and part-time
employee of the town shall accrueumulate annual
leave based on the cumulative town service in regular positions, based on the
following schedule:
Category: |
Days earned: |
Newly hired employees: |
12 days per year |
With 2 years of service: |
14 days per year |
With 5 years of service: |
17 days per year |
With 10 years of service: |
20 days per year |
With 15 years of service: |
23 days per year |
with 20 or more years: |
26 days per year |
(During transition to this
new plan, current employees with less than five (5) years of service will
continue to earn fifteen (15) days of leave per year until they reach five (5)
years of service; department heads with less than fifteen (15) years of service
will continue to earn twenty (20) days of leave per year until they reach fifteen
(15) years of service.)
Where
important for recruitment of new department heads or of other key personnel,
the town manager may authorize a new employee to earn greater than twelve (12)
days per year of annual leave upon employment.
Department heads, the deputy town manager and assistant town manager earn twenty days per year of annual leave when they begin employment.
The average work week for each classification or position is established annually in the ordinance establishing a position classification and pay plan.
Sec. 14-67. Accumulation of annual leave.
For employees in
regular positions with regularly scheduled hoursestablished
schedules of twenty (20) or more hours per week (or more
than 1020 hours per year) and a set accrual
amount, leave shall accrue effective at the end of any pay period worked withwhen paid
hours
worked are equivalent to at least fifty (50) per cent of the
normal paid hours for that pay cycle. Employees with variable part-time work
weeks will accrue vacation and sick leave proportional to the hours worked except
that no employee shall accrue vacation and sick leave beyond the total authorized
for a regular fulltime employee.
Sec. 14-68. Holidays designated.
The following
are designated as holidays with pay for all full-time and part-time regular employees
of the town. Paid holiday leave shall not be provided to contract temporary
employees nor to regular employees with work schedules of
less than twenty (20) hours per week ( or 1020 hours per year).
New Year's Day
Martin Luther King, Jr.'s Birthday (observed on third Monday in January)
Easter (Friday before Easter, Good Friday)
Memorial Day (last Monday in May)
July 4th
Labor Day (first Monday in September)
Thanksgiving (Thursday and Friday)
Christmas
(three (3) working days)
When a single holiday falls on a Saturday, the preceding Friday shall be observed, or if on a Sunday, the following Monday shall be observed as a holiday; provided, however, that when a holiday falls on a Saturday or Sunday, the manager may designate the day on which the holiday shall be observed by employees who are required to provide town services on the day observed as a holiday by other town employees.
Sec. 14-69. Effect of holidays, weekends.
Designated
town holidays, Saturdays and/or Sundays which may fall or
occur during an annual, sick, or other approved
leave period of an employee of the town shall not be considered as annual,
sick, or other leave and shall be paid as a holiday.
Sec. 14-70. Holiday compensation.
Employees of
the town called in or required to work on any designated town holiday shall
receive either hours off equal to one and a half (1 1/2) times hours worked or,
for non-exempt employees only, pay for the hours worked at one
and a half (1 1/2) times their normal rate of pay. TheyEmployees
required to work will also receive pay for the holiday itself at
straight time rates. Paid leave used and hours worked within the pay
period have no effect on employee eligibility for this holiday premium for
hours worked on the holiday. Provided, however, that tThe
manager may develop specific policies on holiday compensation for employees
working twenty-four-hour rotating shifts.
An
employee working a holiday may elect to have holiday compensation transferred
to his or her sick leave balances, in lieu of time-and-a-half pay or time off;
wWhere
the holiday is not worked and falls on a normal day off, the departmentemployee
may electestablish
a policy which allows employees to request to take
the holiday off on a later date, or to
transfer that holiday to their sick leave balance.Upon
termination, any unused accrued holiday leave
will be paid out at the employee’s current rate.
Sec. 14-71. Reasonable accommodation for religious holidays.
The town will make reasonable accommodations as provided by law for town employees desiring to observe a religious holiday. Any such employee shall advise the employee's immediate supervisor of this desire at least one (1) week in advance of the date, and the employee's work schedule may be adjusted accordingly to permit such observance.
Sec. 14-72. Schedule for taking annual leave.
Employees may
be granted use of earnedaccrued annual
leave uponby requesting it
in advance, subject to department policies on notice required. Leave may be
granted at those times designated by the manager or department head which will
least obstruct normal operations of the town. Leave requests may be
denied or rescinded when Town operational needs require employees to be at
work.
Sec. 14-73. Annual leave, maximum accumulation.
Annual
leave may accumulate up to a maximum of 30 workweek-equivalent days. Leave
earned over the maximum allowed accumulation will be transferred annually to
the sick leave balance of the each regular employee
on a date determined by the town manager, and shall be eligible to be used
following the conditions specified in this chapter.
Sec. 14-74. Donation of annual leave.
Employees may donate accumulated hours of their accrued annual leave to the sick leave balance of a coworker, following policies developed by the manager.
Sec. 14-75. Payment of accumulated leave upon termination.
An regular
employee shall be paid for accrued annual leave accumulated
tofollowing the date of separation not
to exceed thirty (30) work-week equivalent days, provided notice is given to
the immediate supervisor at least two (2) weeks in advance of the effective
date of the resignation. The manager, deputy
town manager, assistant town
managers, and department heads shall be required to give thirty
(30) days notice prior to the effective date of resignation. Any employee
failing to give the notice required by this section shall forfeit payment for
accruedumulated
leave.
Sec. 14-76. Payment of accruedumulated
leave upon death.
If a permanentregular
employee dies while in the service of the town, all unused annual leave and
accumulated holiday leave in the deceased employee's credit will be issued with
the final paycheck. The Town will comply with North Carolina State law
in matters of estateAn employee may name an agent(s) to receive
personal property items and the final paycheck in the event of the employee's
death.
Sec. 14-77. Sick leave policy.
Sick leave
with pay shall be granted to an regular
employee for use when sick or for illness in
the employee's immediate family (including an employee's domestic partner as
defined in Chapter 1 of the Town Code and the domestic partner's children)
which requires the care of the employee. For the purpose of this section, domestic
partners must provide documentation demonstrating established financial and
legal ties, such as a joint mortgage, health care power of attorney,
beneficiary of will or insurance policies, or other similar financial and/or
legal relationships.
Accrued Ssick
leave may be used if an employee must be absent from work due to any of the
following conditions: sickness, bodily injury, quarantine, required physical or
dental examinations or treatment, exposure to a contagious disease when
continuing work might jeopardize the health of others.
Notification
of the desire to take sick leave should be
submitted to the employee's supervisor following departmental policies for
reporting. Use of accrued sick leave must be approved
by the supervisor and department head and
medical documentation may be required before approval when
judged necessary in the opinion of the department head.
Sec. 14-78. Sick leave rate and accumulation.
Each full- and
part-timeregular employee with a work schedule of twenty
(20) or more hours per week ( or 1020 hours per year) shall accrueumulate
sick leave at the rate of twelve (12) work-week equivalent days per year.
Calculations of prorated hours of sick leave associated with different work
weeks shall be published in policies developed by the manager. Sick
leave shall be cumulative with no maximum accrual.
Sick
leave shall be cumulative with no maximum accumulation.
Sec. 14-78.1. Wellness program.
The town may provide a program to encourage the good health of employees. Employees may be required by departments to maintain specified levels of fitness appropriate to the physical requirements of their jobs.
Sec. 14-79. Medical examination and physician's certification.
(a) Prospective
or current employees may be required to submit to a medical and/or
psychological examination or inquiry, to determine if they are able to perform
the duties and responsibilities of the job,. The
manager will establish policies and processes by which this will be
accomplished. especially essential tasks, if the manager deems
desirable. The
manager may require certification stating the nature of the employee's illness,
injury, or disability and the employee's physical or emotional capacity to
perform the duties for the job. Certificates may be required for each occasion
on which an employee uses sick leave.
(b) The manager shall be responsible for the application of these provisions to the end that:
(1) Employees shall not be on duty when they might endanger their health or the health of other employees, and
(2) Sick leave privileges are used only for authorized purposes.
Sec. 14-79.1. Sick leave abuse.
Claiming or
taking sick leave under false pretense to obtain a daytime off
with pay shall subject the employeebe
grounds for to disciplinary action up to and
including termination of employment.
Sec. 14-80. Effects of termination upon sick leave.
All sick
leave accumulatedrued by an
employee shall end and terminate without compensation when the employee
retires, resigns or is terminated by the town, except as provided in Article VI
for employees terminated due to reduction in force and in situations of
reinstatement as described in Section 14-54..
Sec. 14-80.1. Family and medical leave.
The town will comply with the applicable provisions of the Family and Medical Leave Act.
Sec. 14-81. Parental leave--Defined.
Parental leave may be granted to an employee for a period up to twelve (12) months (inclusive of time under the Family and Medical Leave Act).
Sec. 14-82. Same--Request.
A parental
leave request, includingspecifying the
tentative duration of the leave requested, must be approved and submitted by the
department head to by the town manager for
approval in advance of the leave.
Sec. 14-83. Same--Use of Accumulated Leave.
Up to one (1)
year
(twelve months) of absence may be granted for parental leave. Accrued Aannual
leave may be used during the leave period. Accrued Ssick
leave may be taken during the period of actual disability or when medical care
by the employee is required; certification by a physician may be required for
use of accruedumulated sick
leave. For the balance of the time away from work
the employee shall be on leave without pay.
Sec. 14-84. Same--Maintaining Benefits.
During the
period of leave without pay, the employee shall retain all accumulatedaccrued
unused sick leave, annual leave, and retirement status earned. The employee takingusing
accrued paid leave for at least half the usual hours scheduled in a
week but not less than twenty hours will continue to earn sick and
annual leave during that period.
Sec. 14-85. Leave without pay.
With advance approval
of the manager, an employee may be granted a leave of absence without pay for a
period not to exceed one (1) year for reasons of personal or family illness,
completion of education, or special work which will permit the town to profit
from the experience gained or the work performed.
Sec. 14-86. Military leave.
An employee
who is a member of an Armed Forces Reserve organization or the National Guard
shall be granted two calendar weeks per year in a
twelve-month period offor leave with
pay for military training. While on military leave, benefits will accrue as
though present for dutywork. This
leave shall not be charged as annual leave; however, any salary payment which
the employee receives from the military shall be deducted from the sum paid by
the town.
In a state or national emergency in which national guard members or military reservists are called to active duty, if a reservist or guard member is called to active duty, and if the salary from military pay is less than the salary from the town, the town shall pay an amount equal the difference in pay for a period of one (1) year.
Sec. 14-87. Civil leave.
An employee who is called for jury duty or subpoenaed as a court witness in a judicial or administrative proceeding shall be entitled to leave with pay for such duty in addition to keeping fees received for such duty provided documentation is made for each day. This provision shall not apply, however, in any case where the employee is a party to the proceeding.
In addition, employees may request and departments may grant up to eight (8) hours of paid time off per year to perform approved forms of non-mandatory, non-partisan work at the polls on election day. Employees may be required to provide documentation of their service in order to receive regular salary payment under this policy.
Sec. 14-88. Educational leave--Generally.
Educational
leave at full or partial pay for a period not to exceed
nine (9) months may be granted to an regular
employee with the advance approval of the town manager and
budgetary approval by the Town Council. If the educational leave
exceeds fifteen (15) days, it shall be approved by the town council.
An
employee granted educational leave with pay for a period of fifteen (15) or more
days In appropriate circumstances, the Town Manager may
requireshall enter into a
formal contract with the town in which the employee agrees to return to the
service of the town upon completion of the training and remain an employee of
the town for a period equal to twice the educational leave which the employee
received, or or to reimburse
the town for all compensation received while on educational leave.
Sec. 14-89. Same--Reimbursement of expenses.
An employee
who enters into an education leave for a job-related
training program with the prior approval of the town manager shall be
reimbursed for expenses such as tuition and books upon successful completion of
the course.
Sec. 14-90. Leave without pay; effect on merit increase eligibility.
An employee's merit increase eligibility will be delayed if the employee is on leave without pay for more than half of the period for which work is being evaluated. Procedures for establishing eligibility for merit increases shall be published in policies developed by the manager.
Sec. 14-91. Funeral leave.
The manager
may grant temporary special leave,
with pay, for the purposes of enabling thean
employee to attend a funeral. Such leave shall be
limited to three (3) work-week equivalent days per year. The formula for
determining hours associated with these days for classifications with different
work weeks shall be established in policies developed by the manager. This
leave is not cumulative from year to year.
Sec. 14-91.1. Excessive absenteeism.
In the event
that an employee is absent from work for a period of
time which more than five (5) days (forty (40) hours) in a
twelve (12) month period in exceedsss
of
approved
paid leave andor
an
approved unpaid leave granted by the town, then in that event
such excessive
absenteeism shall be grounds for dismissal. Other patterns of excessive
unapproved
absenteeism may also be considered grounds for disciplinary action
or dismissal.
ARTICLE IX.
TRAVEL
Sec. 14-92. Policy.
The town manager shall be responsible for establishing, administering, revising and maintaining a travel policy applicable to all town employees; per diem reimbursement rates for employees shall not exceed those authorized for the town council and contained in the council's procedures manual.
Sec. 14-93. Town vehicles.
Vehicles
owned by the town will be provided certain personnel for town business only.
Vehicles shall not be used for personal purposes. If a town vehicle is
involved in an accident either on public or private property, the police
department and the manager shall be notified immediately.
Personal
vehicles shall be used for town business out of the area only when
authorized byin accordance with rules established by
the town manager and for town business. Travel
expenses shall be reimbursed in accordance with the town travel policy.
Sec. 14-94. Travel authorization.
Travel on official business outside of the town for more than one (1) day must be authorized by the town manager. Travel authorization must be in writing, describe the travel requested, the purpose of the proposed trip, the amount of funds requested, the period of time away from town, and it must be signed by the Town manager.
ARTICLE X.
SEPARATION
Sec. 14-95. Types of separation.
All
separations of employees from positions in the service of the town shall be
designated as one of the following types and shall be accomplished in the
manner indicated in this article: resignation, layoff, disability, voluntary
or compulsory retirement, termination, or death.
Sec. 14-96. Resignation.
An employee
may resign by submitting in writing the reasons for resignation and the
effective date to the employee's immediate supervisor as far in advance as
possible. Oral resignation by an employee may be acknowledged
in writing by a department head.But in all
instances tThe minimum notice requirements as set
forth in section 14-75 shall apply. Three (3) consecutive days of
absence without approval of absence or reporting
in
may be considered to be a resignation, depending on the facts of
the situation, and may be acknowledged in
writing by the department head for the
record.
Sec. 14-97. Layoff or reduction in force.
An employee
may be laid off when a reduction in force becomes necessary. In determining
which employee or employees may be laid off, consideration shall be given to
the quality of each employee's past performance and the needs of the town for
particular services, functions, or skills, in addition to the senioritylength of
service of the employee.
In a reduction in force:
(a) Employees will receive at leastno less
than thirty (30) days' notice of termination of the position, with
the thirty
(30) daysterm of notice beginning
when the council approves elimination of the position.
(b) Employees will receive a severance payment based on their years of total town service in full-time and part-time regular positions and salary at separation, as follows:
Years of Service |
Payment |
Less than 5 years |
4 weeks base salary |
5 years but less than 10 years |
8 weeks base salary |
10 years but less than 20 years |
12 weeks base salary |
20 or more years |
16 weeks base salary |
(Severance
payments do not apply to employees who leave town service voluntarily, to
employees on temporary lay-off, to employees whose positions are eliminated
while they are serving their initial probation period, to contracttemporary
employees or employees who are separated at the end of time-limited
appointments, to employees who are separated on service or disability
retirement or to employees terminated for detrimental personal conduct or
unsatisfactory job performance under article XI of this chapter.)
Severance
Ppayment willould
be made in a lump sum and would reflect required deductions for
taxes and sSocial sSecurity or for
failure to return town property under the rules
established by the manager. No other benefits, such as local
government retirement system contribution or 401(k) town payments, shall be
made as a part of this severance payment.
(c) For one
(1) year after separation under these terms, tThe town willould
continue to pay the full share of individual healthmedical
insurance coverage for twelve months; employees would be
responsible for paying allthe full cost
for dependent coverage if they wish to continue to cover their family members.
After one (1) year or twelve months, former employees
may continue participation in the town's healthmedical
insurance plan as provided under federal COBRA legislation, as long
as permitted under council policies, by paying the full individual
and dependent premium.
Sec. 14-98. Disability.
An employee
may be separated for disability when it has been determined that he/she who
cannot perform the required duties of his/her job
because of a physical or mental impairment. Action may be initiated by the
employee or the town, but in all cases, it must be
accompanied by medical evidence acceptable to the manager. The town may require
an examination at its expense, performed by a physician of its choice.
Sec. 14-99. Voluntary retirement.
An employee who meets the conditions set forth under the provisions of the North Carolina Local Government Employees' Retirement System may elect to retire and receive all benefits earned under the retirement plan.
Sec. 14-100. Reserved.
Sec. 14-101. Termination.
An employee may be involuntarily terminated in accordance with the provisions and procedures of this chapter.
Sec. 14-102. Death.
Separation shall be effective as of the date of death. All compensation due shall be paid in accordance with the provisions of section 14-75.”
Section 2. This ordinance shall become effective upon enactment.
This the 26th day of June, 2006.