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 temporary:
(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:having an average work week of fewer thanthirty-seven and one-half (37.5) hours and not greaterthan 40 scheduled hours
b. Part-time positions: having an average work week of not less than twenty (20) hours but fewer than thirty-seven and one half hours
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) Temporary positions are those where titles and funding are approved by the Town Council but where specific numbers of employees filling these positions are at the discretion of the town manager based on service needs. Temporary positions may be for seasonal activities, for special projects or training purposes, or for year-round program needs
Deductions and benefits for employees in 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 Town positions are subject to budget review and approval each year, and employees must meet established standards of conduct and job performance. Reference to "regular 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 four ((4) categories of town employees: full-time, part-time, those with work schedules of less than 20 hours per week and temporary:
(1) "Full-time employees" are those who work in regular full-time positions that are authorized by the Town Council and for which an average work week of not fewer than thirty-seven and one-half (37.5) hours is required by the Town. (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 Town Council, and for which an average work week of not less than twenty (20) hours but less than thirty-seven and one half (37.5) hours is required by the Town. An employee may work part-time hours in a position authorized by the Town Council 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 other 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.
(4) " Temporary employees are those working in one (1) of the following situations:
a. Employees serving in seasonal positions or positions of less than twelve (12) months duration;
b. Employees serving in apprenticeship or internship positions, or other positions of specific limited duration;
c. 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 Town Manager shall be responsible for the administration of the position classification plan, and shall monitor and periodically recommend appropriate changes to the Town Council. The Human Resources Department under the direction of the Town Manager 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 Town Council and shall be on file with the town clerk, the Human Resources Departmentand copies made available to all town employees upon request.
Sec. 14-17. Request for reclassification.
Any employee who considers the classification of his/her position to be inaccurate shall submit a request in writing giving reasons for requesting a review of the position to , the department head. Upon receipt of such request, the department head in consultation with the Human Resources Department, shall proceed as follows:
(a) In the event it is determined there is sufficient basis for the request, the Human Resources Department shall take steps to have a job review completed and make any 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*
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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 applicant 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 minimum rate of the position for which the person is being trained. New employees hired as trainees shall serve the usual probationary period.
If the training is not successfully completed within the established timeframe, the trainee shall be terminated in accord with the provisions of Article VI, or, transferred to another equivalent town position, if available. If the training is successfully completed, the employee shall be paid not less than the minimum rate for the position.
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.
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 as determined by the department head, and shall be compensated in accordance with the pay plan.
Sec. 14-26. Reserved.
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 employeeand as authorized by the town manager 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.
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 retention file.
The human resources department shall store and retain a file of all applications received 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.
Except for the Town Manager, Town employees are not required to maintain residency within the corporate limits of the town
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 department 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 .
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 provide a written statement to the Human Resources Director explaining the reasons for the selection the recommended candidate.
all of the applicants are rejected, with sufficient reason, the human resources department shall readvertise as needed to recruit additional applicants for consideration by the departmentuntil 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
New employees 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 accrued nnual leave based on the operational needs of the department .
Sec. 14-42. Same--Evaluation.
A probationary employee whose work is judged unsatisfactory should normally receive one or more oral warnings and a written warning to assist the employee in understanding and fulfilling the responsibilities of the position at a satisfactory level. 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.
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 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 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 be advanced at least to the minimum level for the new position, or to a salary which provides not 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.
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..
Sec. 14-49. Demotion.
Any employee whose work is judged and documented as unsatisfactory or 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 be considered for demotion or transfer 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 a 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.
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 on educational, family, sick or other authorized leave shall be reinstated to the former position or one of equivalent status and salary, if such employee returns to town service at the expiration of the 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 accrued sick leave 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 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 one year shall retain the unused sick leave previously accrued, and may be rehired at the previous salary.
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 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. Reserved
ARTICLE VII.
EMPLOYEE BENEFITS*
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* State Law References: City council may provide retirement benefits, enroll employees in Local Governmental Employees' Retirement system, G.S. § 160A-163.
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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 medical insurance.
(a) Full-time regular employees. The town will provide full-time employees group medical 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 medical 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 alf the cost of individual coverage and a proportional amount of the additional cost 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 for dependent coverage.
Provided, however, that where a part-time employee has worked an average work week of not 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 medical insurance coverage on the same basis as a full-time employee. Medical insurance coverage 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 twelve (12) months, each employee’s average work week will be reviewed to determine continued eligibility for full-time medical coverage. An employee would remain eligible for coverage as long as he/she continues to work an average workweek of not less than thirty-seven and one half ( 37.5) hours in each succeeding quarters. The same principles will apply where a part-time employee has worked an average work week of not less than thirty (30) and not more than 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 medical 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 department. 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 medical insurance for retiring employees.
Employees who retire from 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 medical 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 |
IndividualMedical Insurance Premium |
||
|
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 medical insurance coverage for their dependents, and shall pay the full cost of this dependent coverage. In the event of the death of a retired employee who was receiving medical 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 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 at their expense.
Sec. 14-60.1. Group disability insurance.
The town will pay the cost of disability insurance for each individual full- and part-time 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 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.
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 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 accrue 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 |
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With 2 years of service: |
14 days per year |
|
With 5 years of service: |
17 days per year |
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With 10 years of service: |
20 days per year |
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With 15 years of service: |
23 days per year |
|
with 20 or more years: |
26 days per year |
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 established 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 when 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 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 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 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 , pay for the hours worked at one and a half (1 1/2) times their normal rate of pay. Employees 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.The manager may develop specific policies on holiday compensation for employees working twenty-four-hour rotating shifts.
Where the holiday is not worked and falls on a normal day off, the department may establish a policy which allows employees to request to take the holiday off on a later date, .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 accrued annual leave by 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 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.
A regular employee shall be paid for accrued annual leave following 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 accrued leave.
Sec. 14-76. Payment of accrued leave upon death.
If a regular 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 estate
Sec. 14-77. Sick leave policy.
Sick leave with pay shall be granted to a 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 sick 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.
. 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 regular employee with a work schedule of twenty (20) or more hours per week ( or 1020 hours per year) shall accrue 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..
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.
(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 time off with pay shall be grounds for disciplinary action up to and including termination of employment.
Sec. 14-80. Effects of termination upon sick leave.
All sick leave accrued 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, specifying the tentative duration of the leave requested, must be approved and submitted by the department head to the town manager for approval in advance of the leave.
Sec. 14-83. Same--Use of Accumulated Leave.
Up to one year (twelve months) of absence may be granted for parental leave. Accrued annual leave may be used during the leave period. Accrued sick 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 accruedsick 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 accrued unused sick leave, annual leave, and retirement status earned. The employee using 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 in a twelve-month period for leave with pay for military training. While on military leave, benefits will accrue as though present for work. 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
Educational leave at full or partial pay for a period not to exceed nine (9) month may be granted to a regular employee with the advance approval of the town manager and budgetary approval by the Town Council.. In appropriate circumstances, the Town Manager may requirel 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 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 leave with pay, for the purpose of enabling an 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 exceeds approved paid leave or an approved unpaid leave granted by the town, such absenteeism shall be grounds for dismissal. Other patterns of 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. Personal vehicles shall be used for town business out of the area in accordance with rules established by the town manager. 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, 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.The minimum notice requirements as set forth in section 14-75 shall apply. Three (3) consecutive days without approval of absence or reporting may be considered 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 length of service of the employee.
In a reduction in force:
(a) Employees will receiveno less than thirty (30) days' notice of termination of the position, with the term 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 temporary employees or employees who are separated at the end of time-limited appointments, to employees 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 payment will be made in a lump sum and reflect required deductions for taxes and Social Security 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) The town will continue to pay the full share of individual medical insurance coverage for twelve months; employees would be responsible for paying the 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 medical insurance plan as provided under federal COBRA legislation 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 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, 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.