personnel manual updates - discussion
Other April 20, 2023 · 69 page(s)
Human Resources Manager Krystel Ebaugh submitted a revised draft Personnel Manual to the Town Manager and asked the Town Council to sponsor and consider approval at next month’s meeting so staff can be trained and the manual disseminated. The draft consolidates many updates including charter amendment alignment (Sections 702/703), FLSA workweek/overtime definitions, clarified allocation/approval of positions, nepotism and grievance procedures, Acting Capacity pay, disciplinary measures, ADA and EEO harassment policies, IT/mobile device and drug-free workplace policies, revised leave accruals and performance-evaluation timing, and reorganized appendices (added position classification schedule, organization chart, merit salary scale; removed several forms).
Full extracted text
The document's complete text, exactly as extracted — not a summary. Use “Summarize this document” above for the short version.
Memorandum Request Date: April 13, 2023 To: Charles M. Koogle, Town Manager From: Krystel Ebaugh, Human Resources Manager Re: Revised Personnel Manual Request for Council Review On June 2, 2021, law office of Karpinski, Cornbrooks and Karp, P.A. were hired to review the Town’s Personnel Manual and update any applicable Federal and State employment laws in the manual. Continuous review of the manual was conducted to better organize, clarify, and provide specific definitions to the Town’s policies. Sharon VanEmburgh, Town Attorney was also included during this process to assist with final review and guidance. Included with this memo is a revised draft Personnel Manual. Below contains a list of several highlighted updates made: 1. Added a welcome message page. 2. Added a disclaimer page. 3. Added a Table of Contents with page number references. 4. Updated Section I. – in accordance with passed Ordinances 01-2023 and 02-2023 – Section 702 and 703 Charter Amendments (classified and unclassified positions). 5. Clarified allocation of positions and approval process. 6. Defined workweeks and overtime in accordance with Fair Labor Standards Act (FLSA). 7. Added previously approved Education Equivalency policy. 8. Clarified grievance definitions and procedures. 9. Clarified nepotism policy to include definitions and applicability, process for submitting employment applications, and define intimate relationships in the workplace. 10. Clarified Acting Capacity Pay policy and procedures. 11. Added Disciplinary Measures and clarified procedures. 12. Revised annual leave and sick leave accrual rates to whole numbers instead of decimal. 13. Clarified Equal Employment Opportunity (EEO) policy. 14. Separated and clarified non-sworn and sworn probationary periods instead of keeping in one paragraph. 15. Added EEO harassment policy and complaint procedures. 16. Removed reference to disciplinary procedures through Police Law Enforcement Bill of Rights (LEOBR). 17. Added Americans with Disabilities (ADA) policy. 18. Revised Performance Evaluation period to employee’s anniversary date of hire instead of each January, to flow with annual review and subsequent merit increases. 19. Added previously approved Information Technology and Mobile Devise Use Policy. 20. Added Drug Free Workplace Policy 21. Added previously approved Drug and Alcohol policy references. 22. Added Separation of Employment policy and procedures. 23. Reorganized and clarified classification of new positions, reclassification of current positions policies and position reclassification request procedures. 24. Revised Receipt of Personnel Manual Acknowledgement Form. 25. Updated his to his/her throughout entire manual 26. Revised Appendices: a. Removed: i. Application for Employment ii. Workers Compensation – First Report of Injury Form iii. Employee Evaluation Form iv. Reimbursement Voucher Form b. Added: i. Position Classification Schedule ii. Town Organization Chart iii. Merit System Salary Scale iv. Department Career Ladders – v. Performance Evaluation Plan – Pending final draft. To be added once approved Additional Requests for Consideration: Requesting Council sponsor and consideration for approval of the Personnel Manual during next month’s Town Council meeting to allow time for dissemination and training of staff. TOWN OF CENTREVILLE PERSONNEL MANUAL 1 v.04.13.2023 TOWN OF CENTREVILLE, MARYLAND PERSONNEL MANUAL: RULES AND REGULATIONS GOVERNING THE OPERATION OF A MERIT SYSTEM Reviewed & Ratified by the Town Council of Centreville Ordinance 01-2011 Effective: April 7, 2011 Ordinance 02-2013 (Future amendments by Resolution) Effective: March 14, 2013 2 v.04.13.2023 Welcome Welcome to the Town of Centreville! We are delighted that you have chosen to join our team and hope that you will enjoy a long and successful career with us. As you become familiar with our culture and mission, we hope you will take advantage of opportunities to grow personally and professionally and further Town of Centreville’s goals. You are joining an organization that has a reputation for outstanding leadership, innovation, and expertise. Our employees use their creativity and talent to invent new solutions, meet new demands, and offer the most effective services to better the Town. With your active involvement, creativity, and support, the Town will continue to achieve its goals. We sincerely hope you will take pride in being an important part of Town of Centreville's success. Please take time to review the policies contained in this manual. If you have questions, feel free to ask your supervisor or contact the Human Resources (HR) Department. 3 v.04.13.2023 DISCLAIMER This Personnel Manual supersedes any prior manual of the Town and has been prepared for our employees to provide them with general information about some of their benefits and the highlights of the rules and policies under which we operate. The Town may unilaterally and at its discretion, amend, supplement, modify or eliminate one or more of the benefits, work rules or policies described in this Manual or any other employment benefits, work rules or policies. The Personnel Manual does not constitute a contract nor a promise of continued employment. Employment by the Town is a voluntary employment at-will relationship for no definite period of time. This Manual does not constitute a guarantee that your employment will continue for any specified period of time or end only under certain conditions. Nothing in this Manual constitutes an express or implied contract of employment or warranty of any benefits. 4 v.04.13.2023 TABLE OF CONTENTS SECTION: I. Application and Definitions ......................................................................................8 A. Application .......................................................................................................8 B. Definitions........................................................................................................8 C. Distribution ......................................................................................................8 II. Classification Plan ......................................................................................................9 A. Definition .........................................................................................................9 B. Purpose .............................................................................................................9 C. Development and Administration ....................................................................9 D. Amendment to the Classification Plan .............................................................9 E. Employment Applications ...............................................................................9 F. Pay Grades .......................................................................................................9 G. Education Equivalency ...................................................................................10 H. Classification of New Positions ......................................................................10 I. Reclassification of Current Positions ..............................................................10 J. Employee Reclassification Request ................................................................11 K. Allocation of Positions ....................................................................................11 L. Classification Approval ..................................................................................11 M. Acting Capacity ..............................................................................................11 N. Nepotism .........................................................................................................12 III. Drug Free Workplace ...............................................................................................14 IV. Compensation Plan ...................................................................................................15 A. Workweek and Hours of Work .......................................................................15 B. Overtime .........................................................................................................15 C. Flex Time ........................................................................................................16 D. Time and Attendance Records ........................................................................16 E. Retirement Benefits ........................................................................................16 V. Types of Leave ...........................................................................................................17 A. Annual Leave ..................................................................................................17 B. Sick Leave .......................................................................................................18 C. Personal Leave ................................................................................................19 D. Administrative Leave ......................................................................................19 E. Holiday Leave .................................................................................................20 F. Bereavement Leave .........................................................................................21 G. Compensatory Leave ......................................................................................21 H. Civil Duty Leave .............................................................................................22 I. Donated Leave ................................................................................................22 J. Discretionary Leave ........................................................................................24 K. Sick and Safe Leave ........................................................................................25 5 v.04.13.2023 L. Job-Injury Leave and Workers’ Compensation Reporting Process ................27 M. Leave Without Pay ..........................................................................................31 N. Military Leave .................................................................................................32 VI. Employment Relationship ........................................................................................33 A. Probationary and Permanent Status ................................................................33 B. Vacancies ........................................................................................................33 C. Transfers .........................................................................................................34 D. Reduction in Force ..........................................................................................34 E. Workplace Rules .............................................................................................34 F. Disciplinary Measures ....................................................................................37 G. Political Activities ...........................................................................................43 H. Purchasing Regulations ...................................................................................44 I. Use Of Town Vehicles ....................................................................................44 J. Separation of Employment .............................................................................44 K. Criminal Conviction........................................................................................47 VII. Equal Opportunity and Harassment .......................................................................48 A. Objective ......................................................................................................... 48 B. Policy .............................................................................................................. 48 C. Equal Employment Opportunity (EEO) Plan .................................................48 D. Pregnancy Discrimination Act ........................................................................50 E. Harassment and Complaint Procedure ............................................................50 F. Americans With Disabilities Act (ADA) ........................................................52 VIII. Employee Grievances................................................................................................54 A. Policy ..............................................................................................................54 B. Grievance Coverage ........................................................................................54 C. Discussion of Problem with Supervisor ..........................................................55 D. Grievance Procedure .......................................................................................55 IX. Employee Performance Evaluation ......................................................................... 61 A. Purpose ............................................................................................................61 B. Frequency ........................................................................................................61 C. Merit Increase .................................................................................................61 D. Rating of Unsatisfactory .................................................................................61 E. Raters ..............................................................................................................61 X. Social Media ..............................................................................................................63 XI. Information Technology and Mobile Devices.........................................................62 XII. Drugs and Alcohol.....................................................................................................65 XIII. Retention Schedule....................................................................................................66 6 v.04.13.2023 Receipt of the Town of Centreville’s Personnel Manual ...................................................68 Appendices: Appendix A: Position Classification Plan Appendix B: Organizational Chart Appendix C: Merit System Salary Scale Appendix D: Performance Evaluation Plan Appendix E: Career Ladders 7 v.04.13.2023 RULES AND REGULATIONS GOVERNING THE OPERATION OF A MERIT SYSTEM FOR THE TOWN OF CENTREVILLE, MARYLAND SECTION I. Application and Definitions A. Application These rules and regulations governing the operation of a merit system for the Town of Centreville shall apply to all positions designated in classified service, as outlined in Sections 702 and 703 of the Town Charter. When this manual conflicts with the Charter or the Code, the Charter, then the Code, then this manual shall take precedence, in that order. B. Definitions 1. Classified service. All positions not specifically included in the unclassified service and are subject to any adopted merit system rules and regulations. 2. Unclassified service. Offices and positions not specifically included within the merit system rights and privileges as described in Section 703 of the Charter. 3. Merit System rights and privileges are not extended to members of boards and/or commissions, nor to individuals in elected, consulting, temporary positions, nor to probationary employees, contract employees or contractors. 4. Exempt positions are those that do not qualify for overtime time under the Fair Labor Standards Act. 5. Nonexempt positions are those that qualify for overtime/compensatory time under the Fair Labor Standards Act. 6. Gender. Any reference to the male gender of employees contained in these rules and regulations shall be construed to mean both male and female employees. C. Distribution A copy of this manual shall be given to each employee and maintained by each Department Head and shall be readily accessible to all employees within the department. 8 v.04.13.2023 SECTION II. Classification Plan A. Definition The Classification Plan. The sum total of all position descriptions and/or job titles assigned to classes for all authorized positions. Each class shall include all positions having similar responsibilities, requirements and duties. Within each class shall be established job titles indicative of the character and rank of positions. B. Purpose The Classification Plan provides a system of standardized title and common job language critical to the effective administration of activities. C. Development and Administration The Human Resources Manager shall have the responsibility for the overall administration of the Classification Plan and shall maintain records of all actions taken affecting positions and classifications, provide for regular reviews to see that all positions are properly allocated and class specifications are current and recommend amendments to the Classification Plan as necessary. D. Amendment to the Classification Plan The Human Resources Manager shall, whenever necessary, revise classification specifications to maintain the Classification Plan. Whenever classifications are to be established or abolished or revisions are to be made to the minimum qualification requirements, the Human Resources Manager shall recommend such amendments to the Town Manager. E. Employment Applications We rely on the accuracy of the information you put on your employment application. We expect that you and your references will give accurate and true information during the hiring process and employment. If we find that any information is misleading, false or was left out on purpose, we may reject an applicant from further consideration. If the person has already been hired, it could result in termination of employment. F. Pay Grades 1. Qualified applicants hired into authorized positions shall be paid in accordance with the current authorized salary scale. Each of the classes shall be allocated to a pay grade and entry into this system shall be at the minimum pay level of that grade. In 9 v.04.13.2023 those cases where, after diligent advertising, no fully qualified individual is available for work in the approved basic rate of pay and individuals are available who are only willing to come in at a higher rate of pay, the cognizant department head shall certify this fact to the Town Manager, who may approve the placing of a new individual into the system at one of the interim steps within the prescribed grade. No individual shall be hired in a grade higher than that authorized for his/her classification. 2. Individuals not fully qualified for a given entry level position which they are seeking may, at the discretion of the Town Manager, be hired at one grade lower than the authorized pay grade for the position. Once such individuals meet the minimum standards of that position, they may be promoted to the entry level grade and step of the position. G. Education Equivalency Policy Qualified individuals with three (3) years of work-related experience is equivalent to one (1) year of education, in addition to any minimum years of experience required for any position requiring a degree, as specified on the career ladders in this manual. H. Classification of New Positions Requests for new positions shall be made concurrently with budget proposals for the ensuing fiscal year. Prior to submitting the request in the budget process, the request shall be submitted to the Human Resources Manager for review. Requests submitted in the budget process must identify estimated fiscal year cost requirements to fund the position(s) and outline the duties and responsibilities of the position(s), with a proposed organizational chart showing the requested new position(s). Requests for new positions outside the budget process, shall be submitted to the Human Resources Manager for review and requires the approval of the Town Manager. All other appropriate approval procedures must be followed. I. Reclassification of Current Positions Department Heads may request the evaluation of a current position for reclassification as follows: 1. Occupied Positions. Concurrently with budget proposals. 2. Vacant Positions. Vacant positions will be reviewed for reclassification prior to advertising. 3. Notice. When requests for reclassification are made, the Department Head is required to prepare a detailed justification for the reclassification. 10 v.04.13.2023 J. Employee Reclassification Request Employees who believe that their duties and responsibilities have changed to the extent that their positions should be upgraded may request a reclassification. The request for reclassification should be submitted in writing to the employee’s immediate supervisor and/or department head with sufficient information setting forth the reasons for the request. The Department Head then submits the request to the Human Resources Department. The Human Resources Manager will review the request and provide a recommendation to the Town Manager who will either approve or deny the reclassification. The Human Resources Manager will inform the Department Head of the decision on the reclassification request. The Department Head will then notify the employee of the decision. K. Allocation of Positions Each position is assigned to the proper grade and classification based on the duties and responsibilities of the position. L. Classification Approval Upon the recommendation of the Town Manager, the Council shall approve or disapprove, all changes to and requests for changes to the classification plan. M. Acting Capacity 1. Period - Minimum. Acting Pay is activated on the fifteenth (15th) day and will be paid retroactive to the first (1st) day and until such time acting pay is no longer needed or exceeds one year. 2. Period - Maximum. Absent extraordinary circumstances, payment of acting capacity pay will not exceed one year. 3. Processing. All requests for acting capacity pay must be fully justified and submitted to the Human Resources Department. The Human Resources Department will submit the request to the Town Manager for approval or denial. 4. Pay. Employees receiving acting capacity pay will have their temporary rate of pay in the new position adjusted to the grade of the new position that will include an increase of up to eight percent (8%), but in no case will the salary be established below the base salary of the higher-grade position. 5. Upon Completion of Acting Capacity. Upon completion of the acting capacity pay appointment, employees will be returned to the original pay and salary they 11 v.04.13.2023 received prior to the acting capacity pay appointment. N. Nepotism 1. Applicability This section is applicable only to: (1) departments and classified employees of the Town; and (2) all offices, officials, officers and employees of any office, department or entity required by state law to be funded in the budget for the Town. 2. Nepotism Prohibited i. No appointing authority, director, official, officer, administrator or other employee of any department of the Town or of any office, department or entity required by state law to be funded in the budget for the Town may appoint, promote, reassign, supervise or participate in any employment action affecting a member of his or her immediate family or of an individual with whom he/she is or has in the past been involved in an intimate relationship. No director, official, officer, administrator or other employee of any department of the Town or of any office, department or entity required by state law to be funded in the budget for the Town may directly supervise any person with whom he/she is or has in the past been involved in an intimate relationship. For the purposes of this section, “intimate relationship” is defined as a romantic relationship in which those involved may or may not cohabitate. ii. The hiring authority of any department of the Town and the hiring authority of any office, department or entity required by state law to be funded in the budget for the Town will submit all applications for employment to the Human Resources Department. Further, any appointment, promotion, reassignment or other personnel action which may result in direct supervision in violation of this Manual, will be directly communicated to the Human Resources Department before such personnel action is taken. If the Human Resources Department determines that an appointment or other personnel decision violates the provisions of this policy for a position and/or employee in the classified service, the Human Resources Manager shall bring the matter to the attention of the Town Manager, who has the authority to approve any exception to the policy and to establish any procedural safeguards he/she determines to be necessary and appropriate. Approval of the exception to the policy and the procedural safeguards will be set forth in writing and placed in the employee’s personnel file. If the appointment or other personnel decision affects an individual not in the classified service, the Human Resources Manager will bring the matter to the 12 v.04.13.2023 attention of the appointing authority of the office, department or entity required by state law to be funded in the budget for the Town, for decision, who will have the authority to approve any exception to the policy and to establish any procedural safeguards he/she determines to be necessary and appropriate. Approval of the exception to the policy and the procedural safeguards will be set forth in writing and placed in the employee’s personnel file. 13 v.04.13.2023 SECTION III. Drug Free Workplace The Town of Centreville is committed to being a drug-free and safe workplace. Our employees must be physically and mentally fit to perform their duties in a safe and efficient manner. Therefore, no employee shall work or report to work while under the influence of alcohol, illegal drugs, or any substance that would affect his/her ability to perform the job in a safe and efficient manner. No employee shall consume, display, or have in his/her possession, including the workplace or in Town owned vehicles, alcoholic beverages or illegal drugs at any time during the workday, including during lunch, breaks, and on-call hours. To do so could jeopardize the safety of other employees, Town equipment, and the Town’s relations with the public, and is a prime cause for disciplinary action, up to and including termination. The exception to this rule is when management at Town sponsored functions or other business activities, authorizes consumption of alcoholic beverages. When employees are required to take any kind of prescription or non-prescription medication that may potentially affect their job performance, they are required to report this to their immediate supervisor, who will determine if it is necessary to temporarily place them on another assignment or take other appropriate action. To protect the best interests of employees and the public, the Town will take whatever measures are necessary to determine if alcohol or illegal drugs are located on or are being used on Town property. Measures that may be used will include but not be limited to searches of people and of personal property located on Town premises, which may be conducted by law enforcement authorities or by management, as well as drug and/or alcohol tests to be conducted when there is reasonable suspicion of substance abuse. When urinalysis and/or blood tests are requested or necessary, samples will be taken under the supervision of an appropriate health-care professional. The above-mentioned searches and drug tests will not be conducted if an individual refuses to submit; however, refusal to submit will result in immediate removal from service and may result in termination. Employees experiencing problems with alcohol or other drugs are urged to voluntarily seek assistance to resolve such problems before they become serious enough to require management referral or disciplinary action. If you have questions regarding this policy or issues related to drug or alcohol use at work, you can raise your concerns with your immediate supervisor or the Human Resources Department without fear of reprisal. Under the Drug Free Workplace Act, if you perform work for a government contract or grant, you must notify the Town if you have a criminal conviction for drug-related activity that happened at work. You must make the report within five (5) days of the conviction. 14 v.04.13.2023 SECTION IV. Compensation Plan A. Workweek and Hours of Work The standard workweek is from Tuesday 12:00 a.m. until Monday 11:59 p.m. and generally consists of 40 work hours. Individual work schedules may vary depending on the needs of each department. Employees are expected to work the number of hours specified for their respective class and schedule. B. Overtime 1. The Town complies with the Fair Labor Standards Act (FLSA) and will properly record all applicable overtime earned for each covered employee. This overtime policy is applicable only to employees of the Town of Centreville who are Nonexempt under FLSA. Designation of nonexempt and exempt from the FLSA shall appear on all job descriptions. 2. Overtime is actual hours worked in excess of 40 hours in a single workweek. The right to receive overtime compensation or compensatory leave only accrues to employees who are not exempt from the FLSA after they have actually worked or have used annual leave, personal leave, or official leave within the regular workweek as that has been defined by the Town. 3. Nonexempt employees have the right to receive overtime compensation or compensatory time off at the rate of one and one half (1.50) their regular rate of pay for all hours over 40 actually worked in a single workweek, in the case of nonexempt law enforcement employees, for all hours worked in excess of 80 hours during an established fourteen (14) day work period. 4. Accordingly (except in the case of call backs to work or other emergencies as defined by the Town Manager), in computing the amount of an entitlement of overtime compensation, if any, sick leave or injury leave taken during the period under consideration shall not be counted as hours worked. 5. The calculation of hours worked for entitlement to double time compensation for employees working on Town designated holidays shall be computed using: a. Eight (8) hours of holiday pay; and b. Actual hours worked at straight time on the designated holiday. 6. Nonexempt employees under FLSA may elect to receive overtime compensation or 15 v.04.13.2023 compensatory time but shall not receive both within the same pay period. 7. Employees must receive prior approval by their immediate supervisor to work overtime. 8. An emergency exists if a condition arises that could reasonably result in damage to property or persons or which requires immediate attention of the employee. Employees who work excess hours due to an emergency shall notify their immediate supervisor of the overtime worked as soon as practical following completion of the work. 9. Exempt employees may earn compensatory time as straight time for every one quarter (0.25) hour worked in excess of the normal workweek. C. Flex Time Department Heads are encouraged to institute flex time and to discuss with their employees the starting time they desire to have within the prescribed workweek. Department Heads shall subsequently give a written memorandum to each employee stating the schedule of working hours for that employee. A copy of this memorandum shall be maintained in the personnel file. D. Time And Attendance Records Each Department Head shall keep a daily time and attendance record for each employee of their department and turn it over to the Town Manager or designee on the last day of each pay period. This document shall be signed by both employee and supervisor. E. Retirement Benefits 1. Eligibility for participation. Each employee in a budgeted position will be enrolled in a Contributory State Retirement and Pension System of Maryland. 2. Eligibility and benefits shall be determined by the rules and regulations of the Contributory State Retirement and Pension System of Maryland. 3. Employees retiring from the Town may be eligible to receive a stipend per the rules and regulations set forth in the Town of Centreville Retiree Health Reimbursement Plan. The Plan may be amended or terminated at the discretion of the Town Council. 16 v.04.13.2023 SECTION V. Types of Leave A. Annual Leave 1. Employees may not use Annual Leave within the first six (6) months of their effective hire date, unless approved by the Town Manager or designee. 2. Employees in the classified service shall accrue Annual Leave as follows and shall be applied during the first full pay period: Zero through the end of 4 years of service 4 hours per pay Beginning the 5th year through 9 years of service 6 hours per pay Beginning the 10th year through duration of service 8 hours per pay a. Employees with remaining Annual Leave balances at the end of the last pay period of the calendar year shall be able to carry over the unused leave to the following year. The maximum cumulative amount of the Annual Leave eligible to be carried forward shall not exceed four hundred (400) hours. Annual Leave balances in excess of four hundred (400) hours at the end of the last pay period of the calendar year shall be forfeited or the employee may submit a donation form to the Human Resources Department requesting their excess leave be donated to the Town’s Leave Donation Bank. b. Annual Leave notifications shall be as follows: i. One (1) or two (2) days – Thirty-six (36) hours’ notice. ii. Three (3) to four (4) days – Forty-eight (48) hours’ notice. iii. Five (5) or more days – One (1) week notice. c. Annual Leave is generally given at the convenience of the employee; however, the needs of the employer must be considered as paramount. Department Heads shall approve with consideration of the seniority of the employee any Annual Leave that is requested in advance. d. Each Department Head shall be responsible for monitoring Annual Leave earned and taken by each employee in his/her department. e. No employee shall take more than two consecutive weeks of his or her Annual Leave at any one time except by approval of the appointing authority. f. In the event of separation from Town employment of a full-time employee, said 17 v.04.13.2023 employee or his/her heirs shall be entitled to receive compensation for Annual Leave accrued. If the Annual Leave balance is negative, it will be the responsibility of the employee to reimburse the Town. B. Sick Leave 1. The Town shall provide employees with a paid leave benefit to be used when sickness, other disabling conditions or medical treatment preclude an employee from reporting to work. Sick Leave is paid leave that may be granted to an eligible employee who, by reason of sickness or injury, becomes incapacitated to a degree that makes it impossible to perform the assigned duties or who is quarantined by a physician due to exposure to a contagious disease. Sick Leave may also be granted for medical, dental or optical examination or treatment. 2. No Sick Leave shall be granted during the first six (6) months of employment unless authorized by the respective Department Head but said six (6) months shall be considered in calculating an employee’s Sick Leave for their first year’s employment. However, the first six (6) months of Sick Leave shall accrue at a normal rate. 3. In computing Sick Leave credit, all full-time employees of the Town shall accrue 4 hours every pay period worked. 4. Sick Leave year. For the purpose of earning and accruing Sick Leave, the pay period end dates between January 1 and December 31 is established as the leave year. 5. Every full-time employee in the classified service shall be entitled to accrue unused Sick Leave from year to year with no limit. 6. Employees unable to report to work or incapacitated while enroute to work are to notify their immediate supervisor or designee as soon as possible. An employee failing to do so may face disciplinary action up to or including termination. 7. Employees on Sick Leave for more than three days shall provide a physician’s certificate upon their return to work. Department Heads, at their discretion, may also require a physician’s certificate for any period of absence. Physician’s certificates shall verify that the employee was under the physician’s care and shall indicate the duration of the employee’s inability to work. The employee’s supervisor shall be advised of any anticipated date to return to work as provided by the employee’s physician. 8. Employees whose accrued Sick Leave has been exhausted may request in writing to the Town Manager, through their immediate supervisor to be placed on leave without pay. 18 v.04.13.2023 9. Eligible permanent full-time employees who utilize no Sick Leave during an entire calendar year are entitled to eight (8) additional hours of Annual Leave to be added to their leave balance and shall be applied in the first full pay period of January in the following calendar year. Employees must have been employed by the Town for one consecutive year to be eligible. 10. In the event of retirement from Town employment any employee participating in a Town Retirement Plan shall transfer all unused Sick Leave to include as years of service towards their retirement as specified in the State Retirement and Pension System. Unused Sick Leave shall not be compensated upon separation for employees participating in the State Retirement and Pension System. (Effective June 30, 2015). 11. In the event of separation from Town employment of only those employees’ ineligible1 to participate in the State Retirement and Pension System and are qualified for Sick Leave hereunder, as stated in this Section, said employee or his/her beneficiary shall be compensated for all earned, unused Sick Leave up to a maximum of four hundred eighty (480) hours and use all or part of the same for any illness. C. Personal Leave 1. Permanent full-time employees are entitled to twenty-four (24) hours personal leave beginning the first pay period in the calendar year. This fringe benefit is not accruable nor compensable upon separation from Town employment. 2. Employees hired after the 15th of the month will receive one (1) pro-rated hour for the remaining month and two (2) hours each month after in the calendar year and will be applied to the leave balance in their payroll account within the first full pay period of their employment. 3. Personal Leave must be used by the last full pay period of the calendar year. 4. Personal Leave cannot be carried over to the next calendar year. D. Administrative Leave 1. Anytime non-essential Town employees are dismissed prior to the end of the normal work day or allowed to report later than the normal start of the work day (e.g., inclement weather, etc.), then those essential employees that are required to work during the same time frame shall earn administrative leave at a rate of one quarter (0.25) hour per one quarter (0.25) hour worked. 1 Ineligible – employees who are contractual, already receiving a retirement, and/or initially opted not to enroll in the Town retirement plan. 19 v.04.13.2023 2. Essential employees scheduled to work any part of their normal workday after the dismissal referenced in Subsection (D)(1) above been declared shall also earn administrative leave at the same rate. 3. Accrued administrative leave may be used at the discretion of the employee when approved by the employee’s supervisor. 4. A maximum of twenty (20) hours of earned administrative leave may be carried forward from year to year. 5. Administrative leave is non-compensable. E. Holiday Leave 1. Full time employees a. Employees shall be entitled to paid Holiday Leave on the following days: 1) New Year’s Day 2) Birthday of Dr. Martin Luther King, Jr. 3) Presidents’ Day 4) Good Friday 5) Memorial Day 6) Juneteenth 7) Independence Day 8) Labor Day 9) Columbus Day 10) Veterans Day 11) Thanksgiving Day 12) Day after Thanksgiving 13) Christmas Day b. When a Town holiday occurs on a Saturday or Sunday, the holiday is observed on the Friday before or the Monday after the actual holiday, respectively. c. In the event that a full-time employee shall be required to work on one of the paid holidays, then said employee shall be entitled to an alternate date of leave for such service or double time2, if approved by the Department Head or designee. d. All holidays are floating holidays for sworn law enforcement employees. 2 Double time is calculated as paid Holiday Leave and straight time for actual hours worked on designated holiday. 20 v.04.13.2023 2. Part-time employees Part-time employees shall not be entitled to holiday leave with pay. F. Bereavement Leave Town employees may be granted leave with pay for a period not to exceed three (3) days because of death in his/her immediate family, at the discretion of the Town Manager through the respective Department Head. Immediate family as used in this paragraph shall be defined as the employee’s parents, legal guardians, grandparents, children, grandchildren, brothers, sisters, husband, wife, mother-in-law or father-in-law or those same immediate family members related by marriage (e.g., step parents, etc.). G. Compensatory Leave 1. All permanent full-time employees may be approved, at the discretion and approval of the respective Department Head, to earn compensatory time, in lieu of overtime, under the following conditions: a. Written documentation of the request by the employee and approval by their supervisor must be indicated on the employee’s timesheet in the same pay period. b. Compensatory time may only be earned after an employee has worked at least one quarter (¼) hour beyond the regular work week. Total compensatory time includes the first quarter hour (¼) plus any time worked after the first quarter hour (¼) in excess of the work week. c. Compensatory time for exempt employees is earned as straight time for every one quarter (¼) hour worked in excess of the normal work week and any unused compensatory time earned up to 100 hours shall be paid out by the second (2nd) pay period every June. Any amount over 100 hours shall be forfeited. d. The extent to which an employee may use compensatory time earned under this Section is subject to prior approval by the employee’s supervisor. A supervisor shall permit an employee to use compensatory leave if the following conditions exist: i. The employee gave the supervisor reasonable notice of the employee’s intention to use compensatory leave; and ii. The employee’s use of compensatory leave does not unduly disrupt the appointing authority’s operations, as determined by the relevant Department Head. 21 v.04.13.2023 e. All eligible employees must use their compensatory leave balance before using any other approved leave. f. Any unused compensatory leave upon separation from the Town shall be paid out with all other eligible compensable leave. H. Civil Duty Leave Town employees shall be granted leave with pay when subpoenaed as a witness in a court or other proceeding for which the law permits compulsory attendance or called to and report for, jury duty. Any employee, who is subpoenaed for jury duty or as a witness shall report to work promptly after being excused. I. Donated Leave 1. Purpose. The Town recognizes that employees may have a family medical emergency or be affected by a major disaster, resulting in a need for additional time off in excess of their available sick/personal time. To address this need, all eligible employees will be allowed to donate accrued paid sick, personal, compensatory, administrative or Annual Leave hours from the unused balance to their co-workers in need of additional paid time off, by completing the Leave Donation Form and submitting to the Human Resources Department. 2. Donating employee (the “Donor”). A Donor must have a Sick Leave balance of no less than one hundred (100) hours after donation in order to donate Sick Leave to another employee. a. If separating from the Town, they may volunteer to donate their leave balance, all or in part. They must submit their request to donate leave to the Human Resources Department, through their supervisor, prior to their separation from Town employment. 3. Receiving employee (the “Receiver”). An employee receiving a donation of leave must: a. Show a specific, documented and immediate need for the donation; and b. If the Receiver has available leave in his or her balance, the Receiver’s leave time must be exhausted prior to any use of donated leave. Donated time may only be used for time related to an approved request. 4. Both the Donor and the Receiver must be in the classified service. Contractual and 22 v.04.13.2023 part-time employees are not eligible. 5. All paid leave granted to the Receiver is considered wages and is subject to appropriate withholdings. 6. The Town Manager reserves the right to deny the donation of leave based on the aforementioned eligibility criteria, exhausted use of FMLA, poor attendance, and/or other issues as determined by the Department Head. 7. The Human Resources Department may assist with the solicitation of leave donations or receiving on behalf of other employees. 8. A supervisor shall not request a donation of leave for themselves from an employee that he or she directly supervises. However, an employee may request leave donations from their supervisor. In addition, a supervisor may request leave donations from another supervisor of other Town employees not under their supervision. 9. The following procedure shall be applicable to donated leave: a. Employees who would like to make a request to receive donated leave must have a situation that meets the following criteria: i. Medical emergency. Defined as a medical condition of the employee or an immediate family member, that will require the prolonged/extended absence of the employee from duty and will result in a substantial loss of income to the employee due to the exhaustion of all paid leave available. ii. Major disaster. Defined as a disaster declared by the President under § 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the “Stafford Act”), or as a major disaster or emergency declared by the President pursuant to 5 U.S.C. § 6391 for federal government agencies, state of emergency issued by Proclamation of the Governor of the State of Maryland, local emergency or employee personal tragedy. An employee is considered to be adversely affected by a major disaster if the disaster has caused severe hardship to the employee or to a family member of the employee that requires the employee to be absent from work. b. Donated leave is allocated to the Donor each pay period as needed for the approved event. Donated leave is used as Sick Leave and as needed. Once the Receiver has returned to work, any unused leave is retained by the Donor. Donated leave cannot be saved by the Receiver for a future event. This information will be tracked and processed collaboratively by Human Resources. 23 v.04.13.2023 c. An employee separating with the Town who would like to donate leave to the Town’s leave bank for use by eligible recipients must have a situation that meets these criteria: i. Be in good standing with all available leave prior to donating the leave; ii. Must submit a signed leave donation form indicating the leave is to be donated to the Town’s leave bank; and iii. Leave donated into the Town’s leave bank is non-refundable and will not be returned to the Donor, if unused. d. An employee whose leave will be forfeited due to exceeding the leave limit by the end of the calendar year and would like to donate leave to the Town’s leave bank for use by eligible recipients must have a situation that meets these criteria: i. Must submit a signed leave donation form indicating that the leave is to be donated in the Town’s leave bank; ii. Must submit a signed leave donation form indicating the leave is to be donated in the Town’s leave bank; iii. Leave donated into the Town’s leave bank is non-refundable and will not be returned to the Donor, if unused. J. Discretionary Leave 1. At the discretion of the Town Manager or designee, full-time employees may be donated discretionary leave when certain extenuating emergency circumstances may cause the employee undue hardship. 2. Discretionary leave shall be administered and approved by the Town Manager or designee. K. Sick And Safe Leave 1. Applicability/Eligibility Full time and part-time employees will be eligible for sick and safe leave as outlined below: a. Part-Time Employees: 24 v.04.13.2023 i. Must be regularly scheduled to work twelve (12) hours or more a week during a twelve-month period. ii. Employees must be eighteen (18) years of age or older before the beginning of the leave year. iii. Eligible permanent part-time employees shall earn forty (40) hours of sick and safe leave within the first full pay period in January. iv. Eligible temporary part-time employees shall earn forty (40) hours of sick and safe leave within the first pay period in January or if seasonal status, within the first full pay period at the start of the season as reasonably anticipated. v. Sick and safe leave may not be utilized within an employee’s first six (6) months of employment. Sick and safe leave may be prorated for employees starting after the beginning of the leave year. vi. Part-time employees shall not carryover unused sick and safe leave to a subsequent leave year. vii. Upon separation of employment, part-time employees shall not be compensated for unused sick and safe leave. b. Full-Time Employees: i. Full-time employees are entitled to use their accrued Sick Leave as sick and safe leave in a calendar year. ii. Upon separation of employment, a full-time employee shall not be paid for unused sick and safe leave. 2. In general: a. The leave year begins on the first pay period beginning date in January and ends on the last pay period end date in December. Sick and safe leave may run concurrently with Family and Medical Leave. Records of the leave accrued and used by each employee shall be retained for three (3) years. b. Full-time and part-time employees using sick and safe leave must designate such leave on their time sheet using Code 21 or Code 26 and indicating sick and safe leave in the description box on the timesheet. 25 v.04.13.2023 3. Pursuant to the Maryland Health Working Families Act of 2018, the Town shall allow full-time, part-time and contractual employees the use of sick and safe leave under the following conditions: a. To care for or treat the employee’s mental or physical illness, injury or condition; b. To obtain preventative medical care for the employee or the employee’s family member3; c. To care for a family member with a mental or physical illness, injury or condition; d. For maternity or paternity leave; or e. The absence from work is necessary due to domestic violence, sexual assault or stalking committed against the employee or the employee’s family member and the leave is being used: (1) to obtain medical or mental health attention; (2) to obtain services from a victim services organization; (3) for legal services or proceedings; or (4) because the employee has temporarily relocated as a result of the domestic violence, sexual assault or stalking. 4. Employees are permitted to use earned sick and safe leave in increments in certain amounts as outlined in the Town’s Sick and Safe Leave Policy #300-301. 5. Employees are required to give notice of the need to use earned sick and safe leave when it is foreseeable. The immediate supervisor may deny leave in certain circumstances. Failure to provide such notice may lead to denial if the employee’s absence will cause a disruption to the department. 6. Verification of Leave Employees must provide verification that the leave was used appropriately if the leave was utilized for three (3) or more days. a. Failure or refusal to provide verification may result in denial of subsequent requests to use sick and safe leave for the same purpose. b. Improper use of sick and safe leave may result in disciplinary action. c. The Town will not take adverse action against an employee who lawfully or rightfully exercises a right under this Section. 3 A family member includes a spouse, child, parent, grandparent, grandchild, siblings, foster children, stepsibling or legal guardian. 26 v.04.13.2023 L. Job-Injury Leave and Workers’ Compensation Reporting Process. 1. Leave for injuries sustained on the job is a benefit offered to all Town employees who have successfully completed their initial probationary period. 2. Injury leave with pay is granted upon certification by the Town’s Workers Compensation Insurer and/or physician(s) that employees are unable to perform the duties of their jobs and that the incident is compensable in accordance with Workers Compensation for the State of Maryland. 3. New employees who have successfully completed their initial probationary period are eligible from their first day at work. There is no waiting period for eligibility. However, employees must use sick leave, annual leave, or leave without pay for the first three days of the injury. 4. Nothing within this section shall prohibit the Town and an eligible employee from reaching a mutually agreed settlement in lieu of the leave benefits described herein. 5. Payment. a. In the event an employee sustains a compensable injury or illness rendering them totally disabled while on the job, shall, after three (3) days of absence, receive their regular base rate of pay (not to exceed forty (40) hours per week), less any worker's compensation payments during the period of temporary total disability. If an employee is out of work for more than fourteen (14) days due to a compensable injury, the Town will recredit two (2) days of leave used by an employee during the initial three (3) day waiting period. This will occur after the Town’s Workers’ Compensation Insurer has reimbursed the Town for this period. b. Should the time off not be authorized by the Town's Claim Service and/or physician in accordance with Workers' Compensation Laws of the State of Maryland, any payment received by the employee for such time off shall be charged against available leave. If no accrued leave is available, it may be charged as Leave. Without Pay. Leave used for approved on-the-job injuries during the first three days will be adjusted at a rate of 66 2/3 percent for leave used for disabilities when the disability exceeds fourteen (14) days. c. Authorized Job-Injury Leave is payable through the earlier of maximum recovery or two years from the date of injury/illness. Absences for Job-Injury Leave must be authorized solely by the Town's Claim Service and/or physician. When Job-Injury Leave stops, the disabled individual may continue to be compensated in accordance with the Workers' Compensation Laws of the State of Maryland. 27 v.04.13.2023 6. Reporting Process. a. Employees must immediately report any injury or illness or recurrence of an injury or illness incurred on the job to their immediate supervisor. i. Employees will notify their immediate supervisor of the details concerning the injury or illness, unless they are incapacitated, immediately after the injury or onset of illness. Employees must provide appropriate, acceptable and verifiable medical documentation for any lost time as soon as possible. ii. Employees will secure appropriate medical treatment as soon as possible after the injury for their workers' compensation claim. Employees may use the medical facility of their choice for seeking treatment for a compensable workers' compensation injury/illness. iii. Both Job-Injury Leave and associated medical bills will only be paid after confirmation by the Town’s Claims Service and/or physician that the incident is compensable in accordance with Workers' Compensation Laws in the State of Maryland. Employees can use their health insurance plan to ensure that medical bills are covered. iv. Failure of an employee to follow this policy and procedure or any directives or requests concerning Job-Injury Leave may result in forfeiture of benefits and appropriate forms of disciplinary action, up to and including dismissal. b. The supervisor will gather information regarding the occurrence of the injury or illness and fill out an appropriate claim form. In the case of a serious injury or illness which either results in a fatality or requires transport or admission to an emergency facility, the Human Resources Department should be notified immediately. i. A copy of the appropriate claim form is to be kept by the immediate supervisor, and all other copies forwarded to the Human Resources Department within one working day of the date of the accident. Appropriate claim forms should be typed or printed to ensure that all copies of the report are legible. ii. In the case of a recurrence of a job-related injury or illness, the supervisor will send a second claim form within one working day of the recurrence to the Human Resources Department. c. The Human Resources Department will review and process the report. The Human Resources Department will verify the nature and extent of the injury 28 v.04.13.2023 through the Town’s claim service and/or physician. The Human Resources Department will process the workers’ compensation claim with the Claims Service along with all supporting documents and relevant history and will authorize the Job-Injury Leave as appropriate. i. If an employee is denied Job-Injury Leave and is later awarded workers’ compensation for temporary total disability for that time period, the Town will credit Job-Injury Leave for the disputed time, minus any workers’ compensation payments, subject to the leave maximum. Any Annual or Sick Leave used will then be credited back to the employee. d. Approval for Job-Injury Leave will continue based upon compensability determined by the Town’s Workers’ Compensation Insurer and/or physician until the Workers’ Compensation Commission denies the claim or the employee reaches the maximum period, as described in the policy. e. The Workers Compensation Insurer will send the Workers’ Compensation Employee form to employees to be completed. The Workers Compensation Insurer will assign the employees a claim number and will coordinate all medical and temporary total Workers’ Compensation payments. f. Employees must provide current medical evaluations to the Town throughout the duration of the absence. Employees are responsible for ensuring that documentation of work restrictions or inability to work is submitted to the Human Resources Department through their supervisors. i. No Job-Injury Leave payment will be made without approval from the Town’s Workers’ Compensation Insurer. In the event that the period of excused absence has expired and no further documentation is received within three days of the expiration date, Job-Injury Leave will be terminated until verifiable documentation is received and approval is obtained by the Town's Workers’ Compensation Insurer and/or physician. Copies of all documentation must be forwarded to the Human Resources Department upon receipt. g. The Human Resources Department will periodically review the employee's status while on Job Injury Leave. As part of this review, the Human Resources Department may request additional medical evaluations and Town Workers’ Compensation Insurer and/or physician's certifications. i. The employee must submit to medical evaluations as requested by the Town to receive Job-Injury Leave payments. Failure to submit to medical evaluations or otherwise comply with the Policy and Procedure on Job-Injury Leave may result in forfeiture of such Leave and disciplinary action. 29 v.04.13.2023 h. After evaluation of an employee's status, the Human Resources Department will advise the employee's Department Head, supervisor, or designee that the employee can: i. return to work; or ii. perform alternate work duties as certified by the Town’s Workers’ Compensation Insurer and/or iii. physician; or a. The Department Head will assign alternate duty work, if available, in existing budgeted positions. b. Payments of Job-Injury Leave will stop upon the offer and availability of alternate duty work that the Town’s Workers’ Compensation Insurer and/or physician certifies the individual is capable of performing. c. While performing alternate work duties, the employee’s condition will be monitored by the Human Resources Department through the Town’s Workers’ Compensation Insurer and/or physician’s statement and/or Medical Certification forms; or iv. cannot return to work at that time. If so, there will be an estimation of when the employee will be able to return to work; or cannot return to work at any time and is determined to be at maximum recovery. i. Employees receiving Job-Injury Leave payments are responsible for: i. following all doctor’s orders including any treatment plans prescribed during their recovery; ii. being available to the Town during normal working hours, unless alternate leave has been approved for personal business; iii. accepting any alternate duty offered, provided it is within the medical limitations authorized by the Town’s Workers’ Compensation Insurer and/or physician; iv. signing over to the Town all Workers’ Compensation payments for periods of time covered by Job-Injury Leave. 30 v.04.13.2023 v. complying with all policies, procedures and directions concerning Job-Injury Leave. j. Employees on Job Injury Leave will remain responsible for their share of benefit premium payments. Regular benefit and other deductions will continue to be made while an employee is receiving Job-Injury Leave payments. While an employee is receiving Job-Injury Leave payments, no Annual or Sick Leave will accrue. All paid time on Job-Injury Leave will count as time worked for purposes of service awards and benefit calculations only. 7. Recording and Processing Job-Injury Leave. a. The supervisor will record time spent on Job-Injury Leave by an employee, up to the maximum permitted by the Job-Injury Leave Policy. b. The Finance Department will ensure through that the maximum Job-Injury Leave is not exceeded and that all benefit accruals and payments are proper based on this Policy and Procedure. c. The Finance Department will verify all Job-Injury Leave requested with the Human Resources Department to ensure that appropriate medical documentation has been received and that the Job-Injury Leave is authorized. d. At the end of each calendar year, the Finance Department is responsible for adjusting the taxable wages of all employees who received Job-Injury Leave and who signed their workers' compensation payments over to the Town. These employees' year-end W-2's will reflect the adjusted taxable income based on the amount of non- taxable workers' compensation payments received during that calendar year. M. Leave Without Pay 1. Leave without pay may be granted to any employee upon application to the Human Resources Manager. 2. Leave without pay may be granted for any purpose, at the discretion of the Town Manager. 3. Accrual of Annual and Sick Leave. Annual and Sick Leave hours shall not be accrued while an employee is on a leave without pay status exceeding two consecutive weeks, with the exception of military leave. 4. Payment of medical insurance premiums. Payment for the employee’s portion of 31 v.04.13.2023 medical and dental/vision coverage and all employee’s covered dependents shall be the responsibility of the employee while on leave without pay status for more than two consecutive weeks. 5. Cafeteria benefits. Access to child care and medical care flexible spending accounts will continue while on leave without pay status. N. Military Leave Every eligible Town employee, irrespective of classification, except temporary, emergency or part-time employees, who is a member of the organized militia or the Army, Navy, Air Force or Marine Reserve, shall be eligible for grants of paid military leave for training not to exceed fifteen (15) calendar days, only when required by the laws of the State of Maryland or of the Federal Government. Applications for military leave for training purposes shall be made in advance of use immediately upon receipt of official notification thereof from the appropriate military authorities before an employee shall be entitled to payment for such leave. An eligible Town employee shall not receive more than one such leave or grant of paid military leave for training purposes in a twelve (12) month calendar period. 32 v.04.13.2023 SECTION VI. Employment Relationship A. Probationary And Permanent Status 1. Probationary Employees a. Non-sworn employees shall serve a six-month probationary period. An employee’s probationary period may be extended, with consent of the Town Manager. b. Probationary Law Enforcement Officers shall serve a probationary period of one year from receipt of certification from Maryland Police Training Commission (MPTC) or from the start of employment with the Centreville Police Department, whichever is longer. c. A probationary employee may be dismissed from service to the Town by the Town Manager, in accordance with the Charter, without recourse identified in Section IV(E) or Section VIII of this manual. 2. End of Probationary Period At least thirty (30) days prior to the expiration of the probationary period, the immediate supervisor shall submit a recommendation through the Human Resources Manager to the Town Manager stating that: a. The employee’s work has been satisfactory, or b. The employee’s work has been unsatisfactory. If the supervisor thinks that with additional time, the employee’s work may become satisfactory, he or she may request an extension of the probation. B. Vacancies 1. General Vacancies in the classified service shall be filled by individuals who are fully qualified for said vacancy. Town employees shall be informed of such position vacancies through publicly posted notices. This notice shall contain a copy of the job specifications. The Department Head and Human Resources Manager shall make a recommendation to the Town Manager regarding filling vacancies. 2. Salary step of a promoted employee 33 v.04.13.2023 The pay of any promoted employee shall be raised to the nearest step in the new grade that is at least five percent more than the previous pay, except that the new pay shall not exceed the maximum authorized pay of the grade. This provision shall not apply to a reorganization. 3. Probationary period for promotional employees Employee promoted to a higher-grade shall serve a probationary period of 6 months. Individuals who do not successfully complete probation, may be offered a position vacancy in their old class, if available, or may have first preference in an upcoming vacancy for which qualified. C. Transfers 1. Voluntary Transfer Any employee may request a transfer to any department in the classified service provided he/she is fully qualified. Should he/she transfer to a lesser paid position, the pay of that position shall apply. Individuals shall enter the new class as probationary employees. If moving to a higher grade, pay may be increased up to 10% or the bottom step of the new grade. 2. Involuntary Transfer Any employee who is involuntarily transferred shall be transferred to a position with a pay rate as close to the one previously received as possible. D. Reduction in Force 1. In those cases where reduction in force takes place, it shall be initiated considering expertise, experience and seniority, giving considerable weight to the performance evaluations during the years preceding reduction in force. 2. Employees so separated shall be recalled in the inverse order of the separation when appropriate vacancies for those qualified become available. This recall privilege shall exist for up to a two-year period. E. Workplace Rules The orderly and efficient operation of the Town Government requires that certain work rules be established. Work rules covering personal standards of conduct as well as standard operating procedures are necessary to protect the health and safety of all employees, maintain uninterrupted service and to protect the Town’s good will and 34 v.04.13.2023 property. 1. The following work rules shall be applicable to all Town employees, classified and unclassified. These rules are not intended to be all inclusive and the Town shall, when it deems appropriate, establish additional rules to ensure effective operation of the Town Government. Violation or ongoing violation of these rules may result in disciplinary action, including suspension or dismissal. a. Employees must be at their designated work area on time and ready to work. Employees shall remain at their work area or work, until the scheduled quitting time unless permission to leave is granted by their supervisor. Employees required to use time cards shall use them for all work for the Town and shall sign such cards to indicate that the hours to be paid are for work-related employment with the Town of Centreville. b. Where the operations are continuous, an employee shall not leave his/her post until replaced by the next shift employee or until relieved by a supervisor. c. Employees shall not gather on Town premises to conduct any personal business without authorization. d. Employees shall follow safety regulations as required by law or Town policy, to include the wearing of safety articles and the using of protective equipment. Employees shall immediately report accidents or injury to their supervisors. (In case of injury, the employee is to fill out “First Report of Injury or Illness” as soon as any emergency is over.) The supervisor shall ensure that the employee completes the “First Report of Injury or Illness” form and promptly submits it to the Human Resources Department. e. Employees shall be responsible for and shall not misuse Town property, records or other materials in their care, custody and control. Town property, records or other materials shall not be removed from the premises without permission. f. Employees shall not litter. g. Employees shall deal with the public and other staff in a courteous, diplomatic and professional manner. h. An employee shall report as soon as possible to his or her supervisor if unable to report to work. i. Employees shall immediately report the loss of their driving privilege to their supervisor and shall not drive any vehicle without proper licenses. 35 v.04.13.2023 j. Employees shall not park in prohibited areas. k. Employees shall notify their supervisor or the Human Resources Department whenever there is a change in their personal information. (i.e.-Address, phone number, emergency contacts, marital status and dependents, as may be required for insurance purposes.) l. Employees shall not restrict or interrupt work or interfere with the work of others. m. Employees shall report for and remain at work only in a fit physical condition. n. Employees shall not neglect their duties and responsibilities or refuse to perform assigned work. o. Employees shall not engage in fighting, horseplay or gambling, nor use abusive or inappropriate language while on duty or on Town premises. p. Employees shall not use Town telephones for incoming or outgoing personal calls, without authorization or conduct personal business during working hours while on duty. q. Employees shall not engage in unapproved soliciting, partisan political activity, while on duty or on the Town’s premises, use their position for personal gain or use their positions to coerce others. r. Employees shall not post notices on the Town premises without prior written approval from the appropriate authority. s. Employees shall not possess unauthorized firearms, weapons, illegal drugs or intoxicating beverages on the Town premises. Smoking is not permitted in Town buildings or vehicles. t. Employees shall not falsify: a) records, b) reports, c) claims for illness or injury or d) other documents, nor give false information. u. Employees shall not sign or punch in/out another employee’s time card or time sheet. v. Except upon approval of the Town Manager, employees shall not be permitted to use Town vehicles to commute to and from employment with the Town. Absent prior approval by the Town Manager, Town vehicles, as well as Town property, shall not be used for the personal use or benefit of any Town employee. 36 v.04.13.2023 w. Employees shall not, except under the direction of their supervisor disburse any of his or her own monies or property in furtherance of his work or employment with the Town. If such expenses have been allowed as provided above, then, in that instance, employees shall be reimbursed after submitting the reimbursement voucher to their supervisor, together with copies of all receipts for monies expended attached thereto. Employees shall comply with the Town’s purchasing policies and procedures. x. Employees shall not receive fees, gifts or other valuable services and/or items in the course of work or in connection with it, for employee’s personal use, without the express consent of his or her supervisor. If such fees, gifts or other valuable services and/or items is valued fifty dollars ($50.00) or more, then, in that instance, an employee can only receive said fees, gifts, valuable services and/or items with written consent by the Town Manager. All fees, gifts, or other valuable services and/or items are required to be reported on a Financial Disclosure Form. y. Employees shall not submit time sheets seeking overtime pay unless they have complied with the overtime policy. F. Disciplinary Measures 1. General Provision The purpose of discipline is to attain and maintain a constructive working environment in which all parties recognize and accept their responsibilities. All employees of Town are expected to meet the standards set for high quality work performance. Whenever employees fail to abide by the Town’s policies, rules and procedures, measures must be taken to correct the situation and curtail further occurrences. Disciplinary action, therefore, may be necessary on such occasions to ensure the efficient operation of the Town. 2. Applicability The provisions of this section shall apply to all regular full time and regular part time employees, except seasonal and appointed employees, as follows: a. Probationary Employees. Employees on their initial probationary period are considered “at will” employees. If their performance is unsatisfactory or if they fail to demonstrate ability or the desire to perform at an acceptable level, they may be terminated in accordance with the provisions of this Section. Prior to termination, progressive discipline, although not mandatory, may be considered. 37 v.04.13.2023 b. Non-probationary Employees. Disciplinary situations involving employees who have completed their initial probationary period should normally be dealt with by progressive discipline. Consistently applied progressive discipline will assure equitable treatment and encourage acceptable performance. However, serious offenses may result in immediate discharge. 3. Responsibility. Department Heads and Supervisors shall: a. Knowledge. Ensure that they keep employees informed of rules, regulations, and standards of conduct and maintain conduct and discipline within the framework of this manual, policies and established procedures; b. Review. Analyze, and carefully consider all facts and circumstances before taking or recommending corrective or disciplinary action. This includes establishment of validity of the reasons cited for the action and supporting the penalty and type of action used; and c. Fairness. Ensure that all discipline is administered in a fair, reasonable, consistent and equitable manner. 4. Disciplinary and Corrective Actions. a. Review. Each case should be reviewed on an individual basis and a final decision made on the disposition and severity of the discipline to be administered based upon such factors as the seriousness of the violation and the circumstances surrounding the case, the employee’s past disciplinary record, the employee’s length of service with the Town and their overall performance. b. Action. The supervisor should state the problem either verbally or in writing and give the employee the opportunity to explain and express their views. If the employee’s reply satisfactorily resolves the matter, the employee should be informed, and no further action is required. c. Documenting. A record should be made of the event and kept with the supervisor’s record of the employee. Possible future actions will depend on accurate records. 5. Progressive Discipline Except for severe violations, supervisors and department heads are encouraged to 38 v.04.13.2023 utilize progressive discipline. Progressive discipline is an approach in which a sequence of penalties is administered, each one slightly more severe than the previous one. The goal is to build a discipline program that progresses from less severe to more severe in terms of punishment. Steps within a progressive discipline system that should be considered are: a. Verbal Counseling or Verbal Warning. Does employee understand rules, policies, etc. and what is expected of them? Such action does not need to be documented in writing; however, the supervisor should maintain a record (date/time/subject) of the counseling. b. Written Warning. Places employee on notice that further acts will result in more severe disciplinary action. Such action should be documented in writing. c. Official Reprimand. Written action that is placed within employee’s official personnel records. d. Suspension. Normally the final step in the disciplinary process prior to termination. e. Demotion. Depending on circumstances, may be appropriate over removal. f. Removal. The most severe disciplinary action. 6. Verbal Counseling or Verbal Warnings A verbal counseling or verbal warning is appropriate if the employee’s act or acts are minor in nature and in the supervisor’s or HR’s judgement do not warrant a written warning or an official reprimand. A verbal warning is the least formal and least severe of corrective actions and because of its high flexibility should be applicable to the majority of situations. Verbal counseling or verbal warnings will not be included in the employee’s official personnel file. However, the supervisor should keep a written record of the counseling for their records. 7. Written Warnings A written warning will be included in the employee’s official personnel file. The supervisor shall also keep a copy of the written warning for their records. A written warning may be appropriate if: a. The employee’s act or acts are minor in nature and in the supervisor’s, judgement do not warrant an official reprimand; or 39 v.04.13.2023 b. The employee has failed to improve performance or correct a problem for which a verbal counseling or verbal warning was previously issued. 8. Suspension A suspension involuntarily places the employee in a non-duty and possibly non-pay status. It is an extremely severe disciplinary action and should not be used unless the situation indicates that a lesser penalty is not adequate. Ordinarily, it is the final step in the disciplinary process before removal and must be accompanied by a warning to the employee that further violation of rules could result in removal. a. Prior Coordination. Suspensions will be coordinated with the Human Resources Manager prior to notification to the employee. b. Contents. The suspension notice shall contain: i. The effective date and time of the suspension and the date and time the employee must return to duty; ii. The reason(s) for the suspension; iii. The employee’s appeal rights under the formal grievance procedure, provided they initiate such action within ten working days after the date they were notified of the suspension. The suspension action will not be held in abeyance pending action by the employee under the grievance procedures; and iv. Those further violations of policies, procedures, and/or rules may result in further disciplinary action, up to and including termination of employment. c. Employee Action Form. A form shall be sent to the Human Resources Department requesting that the employee be suspended, i.e., placed in a non- work and possibly non-pay status. The form will specify the effective date that the suspension is to start and the date that the employee must return to work. Periods of suspension are expressed in work days, and nonwork days must be subtracted when establishing the start and end date of a suspension. 9. Demotion. The demotion of an employee shall constitute a performance related disciplinary action less severe in nature than a dismissal. Pay rate will be adjusted according to the position the employee is demoted to. 10. Termination. Termination is the most severe disciplinary action. It terminates the employee’s status as an employee and may bar them from future employment with 40 v.04.13.2023 the Town. Normally, removal for misconduct is preceded by a progression of disciplinary measures unless the misconduct is so serious that the discharge for the first offense is warranted. a. Processing. All requests for dismissal will be processed by the Human Resources Department. b. Coordination. All removal actions must be coordinated with the Human Resources Manager and Town Attorney prior to notification to the employee. c. Approval. All removal actions must be approved by the Director of Administration. d. Performance Ratings. Performance ratings of less than satisfactory may also result in removal of an employee. e. During Initial Probationary Period. Employees on an initial probationary period are considered “at will” employees and therefore progressive disciplinary procedures are not mandatory. f. Non-probationary Employees and Employees on Other Than Their Initial Probationary Period. i. Coordination. Prior to taking action, the dismissal will be coordinated with the Human Resources Manager. ii. Notice. This notice must state: The effective date of the termination; The reason(s) for the termination; and The employee’s appeal rights under the grievance procedures. (The termination action will not be held in abeyance pending action by the employee under the grievance procedures). 11. Causes for Termination a. No Town employee shall be terminated from his or her position after satisfactory completion of the probationary period without just cause or the elimination of that position. b. The following shall, among others, be considered just and sufficient cause for 41 v.04.13.2023 removal or discharge of a permanent employee from the classified service and are exceptions to progressive discipline: i. That the employee has been convicted of a felony or serious misdemeanor or any criminal offense involving dishonesty or moral turpitude. ii. That the employee has some physical ailment or disability which does not permit him or her to perform the duties of this position. Accommodations may be considered for said employee for assignment to a position which he or she can perform. iii. That the employee has been under the influence of drugs and/or alcohol while on duty. iv. The employee has been wantonly careless or grossly negligent in the performance of his or her duty or has been brutal or abusive in his/her treatment of fellow employees or public charges. v. That the employee has been wantonly or persistently offensive in his/her conduct towards the public or towards other employees. vi. That the employee is incompetent or inefficient in the performance of his or her duty. vii. That the employee has violated any lawful or official regulation or order or failed to obey any lawful or reasonable direction made or given by his/her supervisor or superior, when such failure to obey amounts to an act of insubordination. viii. That the employee is engaged in private business or in a trade or occupation, the nature of which might interfere with the proficient performance of his/her duties and/or which presents a conflict of interest. c. Any employee of the Town may apply for an exemption or receive a ruling with regard to whether or not specific conduct constitutes a conflict of interest. In the event the employee believes he or she may be involved in a conflict of interest, he or she shall make a written disclosure of the facts and circumstances pertaining to the perceived conflict of interest to his or her Department Head or Supervisor. After the receipt of such written disclosure, the Department Head or Supervisor shall prepare a written report within ten (10) working days of the receipt of the disclosure. Said Department Head or Supervisor in said report shall forward to the Human Resources Department. 42 v.04.13.2023 d. If a conflict of interest in fact exists: i. The Department Head should further determine whether under the circumstances of the particular situation that the public welfare and interest dictates that the employee should be exempted and allowed to conclude the particular transaction in question. ii. The Department Head shall file with the Town Manager, a copy of the written disclosure submitted by the employee accompanied with the Department Head or Supervisor’s findings and recommendations. The Town Manager shall have ten (10) working days within which to challenge the findings contained in the written report of said Department Head or Supervisor. In the event the Town Manager does not act within ten (10) days, the Department Head or Supervisor’s findings shall become binding and the employee shall be bound by said report. iii. That the employee holds an office or place of employment not in the services of the Town, during leave of absence, without the knowledge or approval of the Town Manager. iv. That the employee has taken a fee, gift or other valuable service and/or item in the course of the work or in connection with it, for employee’s personal use, without the express consent of his supervisor and/or Town Manager as referred to in Section D, Work Rules, subparagraph x above. v. That the employee has been absent from duty without leave from his supervisor or department head for three consecutive days, without good cause and without notifying the said supervisor or department head of his/her absence and intention to return. vi. Any employee, whose job specification requires valid driving privilege, who has such privilege suspended or revoked. vii. Unexcused absences. G. Political Activities 1. Town employees will have the right to express their views and to cast their vote as a citizen. Town employees shall not engage in political activity while on duty and on the Town’s premises. 2. Town employees may not use their official authority or influence for the purpose of interfering with or affecting the results of a Town election or nomination for a Town 43 v.04.13.2023 office. 3. Town employees may not directly or indirectly coerce, attempt to coerce, command or advise a Town officer or employee to pay, lend or contribute anything of value to a party, community organization, agency or person for political purposes. 4. Town employees whose whole activity is financed in part or in whole by loans or grants made by the United States or a Federal agency are also excluded from political activities other than voting and the rendering of their opinion while off duty and off Town premises. H. Purchasing Regulations 1. Employees shall submit invoices for purchases to the Finance Department within a reasonable time after the purchase was made. 2. The Town may make purchases in accordance with a competitive bidding process used by another governmental agency. 3. Fuel purchases for the Town vehicles do not require purchase orders. 4. Emergency Purchases Policy #500-001 provides factors applicable to the requirements associated with emergency purchase actions by the Town. Relevant employees should familiarize themselves with said Policy. 5. Sustainable Procurement Policy #400-001 provides factors applicable to the sustainable procurement requirements associated with procurement actions by the Town. Relevant employees should familiarize themselves with said Policy. I. Use Of Town Vehicles Employees must receive authorization to drive Town vehicles in the course of Town business. Continued authorization is subject to maintenance of proper licenses, periodic completion of Defensive Driver training and maintaining a satisfactory driving record as reported by the State and County. Continued employment in jobs that require the employee to drive is subject to maintenance of a valid driver’s license. Refer to the Town’s policy regarding vehicle safety. In addition, employees are required to use seat belts when driving Town or private vehicles in the course of Town business. 44 v.04.13.2023 J. Separation of Employment Policy 1. Purpose It is the policy of the Town to ensure that employee terminations, including voluntary and involuntary terminations and terminations due to the death of an employee, are handled in a professional manner with minimal disruption to the workplace. 2. Voluntary Terminations Voluntary termination of employment occurs when an employee submits a written or verbal notice of resignation, including intent to retire, to his/her supervisor or when an employee is absent from work for three (3) consecutive workdays and fails to contact his/her supervisor (job abandonment). a. Procedures i. Employees are requested to provide a minimum of two weeks’ notice of their intention to separate employment. The employee should provide a written resignation notification to his/her immediate supervisor. ii. Upon receipt of an employee’s resignation, the supervisor will notify their Department Head and Human Resources by sending a copy of the resignation letter and any other pertinent information (e.g., employee’s reason for leaving, last day of work, etc.) iii. Human Resources will coordinate the employee’s departure from the Town. This process will include the employee’s returning all town property, a review of the employee’s post-termination benefits status and the employee’s completion of an exit interview. 3. Involuntary Terminations Procedures are outlined in (F) of this section. 4. Death of an Employee A termination due to the death of an employee will be made effective as of the date of death. a. Procedures 45 v.04.13.2023 i. Upon receiving notification of the death of an employee, the employee’s supervisor should immediately notify human resources. ii. Human Resources will process all appropriate beneficiary payments from the various benefit plans. iii. The employee’s supervisor should ensure that payroll receives the deceased employee’s timesheet. 5. Final Pay An employee who resigns or is discharged will be paid through the last day worked, plus any unused compensable leave balances, less outstanding loans, advances or other agreements the employee may have with the town, in compliance with state laws. In cases of an employee’s death, the final pay due to that employee will be paid to the deceased employee’s estate or as otherwise required under state law. 6. Health Insurance Medical, dental, and vision insurance coverage terminates the last day the employee worked. Information about COBRA continuation coverage will be provided. 7. Return of Property Employees must return all town property at the time of separation, including uniforms, cellphones, keys, laptops and identification cards. Failure to return some items may result in deductions from the employee’s final paycheck where state law allows. An employee will be required to sign a wage deduction authorization to deduct the costs of such items from the final paycheck. In some circumstances, Town of Centreville may pursue criminal charges for failure to return company property. 8. Exit Interview An employee who voluntarily resigns shall schedule an exit interview with Human Resources prior to the employee’s last day of work. 9. Eligibility for Rehire a. Employees who leave town employment in good standing with proper notice may be considered for rehire. Former employees must follow the normal application and hiring processes and must meet all minimum qualifications and requirements of the position, including any required qualifying exam. Rehired employees will not retain previous tenure when calculating longevity, leave accruals or any other 46 v.04.13.2023 benefits, unless required by law. b. Employees who are involuntarily terminated by the town for cause or who resign in lieu of termination are ineligible for rehire. In addition, employees who resign without providing adequate notice or who abandon their job will not be considered for rehire. K. Criminal Conviction As part of the Town’s effort to maintain a safe work environment, all employees are required to disclose any felony or misdemeanor arrests to their immediate supervisor and Human Resources Manager within five (5) working days of the date of the arrest. Failure to comply with this requirement will constitute grounds for disciplinary action. 47 v.04.13.2023 SECTION VII. Equal Opportunity and Harassment A. Objective The Town of Centreville strives to create and maintain a work environment in which people are treated with dignity, decency and respect. The environment of the company should be characterized by mutual trust and the absence of intimidation, oppression and exploitation. The Town will not tolerate unlawful discrimination or harassment of any kind. Through enforcement of this policy and by education of employees, the Town will seek to prevent, correct and discipline behavior that violates this policy. All employees, regardless of their positions, are covered by and are expected to comply with this policy and to take appropriate measures to ensure that prohibited conduct does not occur. Appropriate disciplinary action will be taken against any employee who violates this policy. Based on the seriousness of the offense, disciplinary action may include verbal or written reprimand, suspension, or termination of employment. Department Heads and supervisors who knowingly allow or tolerate discrimination, harassment or retaliation, including the failure to immediately report such misconduct to the Human Resources Department are in violation of this policy and subject to discipline. B. Policy No office or official of the Town government shall discriminate in the recruitment, selection, compensation, promotion, training and development, discipline, dismissal or any other aspect of personnel administration for or against any person on the basis of race, color, sex, gender, age, marital status, sexual orientation, pregnancy, ancestry, national origin, religion or belief, political affiliation or opinion, physical or mental disability or any other non-merit factor. Discrimination in any form or sexual, racial or other harassment, shall not be tolerated. 1. Prohibited Conduct Under This Policy The Town of Centreville, in compliance with all applicable federal, state and local anti-discrimination and harassment laws and regulations, enforces this policy in accordance with the guidelines in this section. C. Equal Employment Opportunity (EEO) Plan 1. Purpose. The EEO plan is designed to provide a method to ensure equal employment opportunity for all Town employees and for all applicants for employment with the Town. The plan provides for the assignment of functional 48 v.04.13.2023 responsibilities and for the monitoring of personnel actions such as hiring, promotions, and separations. 2. Policy. It is the policy of the Town to: a. Provide equal employment opportunities for all qualified persons; b. Prohibit illegal discrimination in employment because of race, color, sex, gender, age, marital status, sexual orientation, pregnancy, ancestry, national origin, religion or belief, political affiliation or opinion, physical or mental disability or any other non-merit factors except where age, gender or physical or mental requirements constitute a bona fide occupational qualification necessary for proper and efficient job performance; and c. Prohibit discrimination against any person in recruitment, examination, appointment, training and development, promotion, retention, discipline or any other aspect of personnel administration. 3. Objectives. The EEO Plan shall be construed, where ambiguous, to advance the following objectives: a. To obtain positive and continuing support of management at all levels to ensure equal opportunity without regard to race, color, sex, gender, age, marital status, sexual orientation, pregnancy, ancestry, national origin, religion or belief, political affiliation or opinion, physical or mental disability or other non-merit factors. b. To make available to all current and prospective employees, the Town’s Equal Employment Opportunity Plan; c. To promote programs that provide training and development for all employees to ensure equal opportunity. d. To ensure an open channel of communication through which employees may raise questions, discuss grievances, obtain answers and seek resolution to problems connected with equal employment opportunity; e. To investigate any complaint which arises and, if discrimination exists, recommend a means to rectify the situation and to take action aimed at preventing future incidents of discrimination; and f. To appraise and periodically reappraise personnel programs and policies, as well as recruitment, hiring, classification and examination procedures, to ensure 49 v.04.13.2023 that there are no discriminatory practices in policies, hiring, recruitment, classification, examination procedures or other personnel actions. D. Pregnancy Discrimination Act Town employees have a right to reasonable accommodations and leave for a disability caused or contributed by pregnancy. It is the Town’s policy not to discriminate against employees on the basis of pregnancy, childbirth or related medical conditions and women affected by pregnancy, childbirth or related medical conditions will be treated the same as other persons not so affected but similar in their ability or inability to work. E. Harassment and Complaint Procedure Employees are entitled to work in an environment free from sexual and other forms of harassment due to race, color, sex, gender, sexual orientation, marital status, religion or belief, age, national origin, disability or any other status protected under applicable federal, state or local law. This policy prohibits such harassment by employees, customers, suppliers, volunteers and contractors and is intended to comply with all applicable federal and State laws, as amended from time to time. Accordingly, any person who is found to have engaged in sexual or other types of harassment based on protected status shall be subject to discipline, up to and including termination of employment. 1. Definition of Sexual Harassment. Sexual harassment includes, but is not limited to unwelcome sexual advances, requests for sexual favors and other sexual language, conduct or expression when: a. Submission to the conduct is either an explicit or implicit term or condition of employment; or b. Submission to or rejection of the conduct is used as a basis for employment decisions affecting the person submitting to or rejecting the conduct; or c. The conduct has the purpose or effect of interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment. Sexual harassment may also include more subtle forms of behavior when they contribute to a hostile work environment, such as offensive posters, cartoons, caricatures, comments, pranks and jokes of a sexual nature. 2. Definition of Other Harassment Based on Protected Status. The Town also prohibits any kind of harassment based on race, color, gender, age, sexual orientation, marital status, religion or belief, national origin, disability or any other 50 v.04.13.2023 legally protected status. As with sexual harassment, this includes all conduct that has the purpose or effect of interfering with a person’s work performance or creating an intimidating, hostile or offensive work environment. It may also include more subtle forms of behavior, such as offensive posters, cartoons, caricatures, comments, pranks and jokes. 3. Reporting Harassment Based on a Protected Status. Any employee who believes he or she is a victim of sexual or other form of harassment based on protected status is encouraged to: a. Report the circumstances to the employee’s immediate supervisor, department head, human resources manager, or any other supervisor or department head with whom the employee feels comfortable, up to the Town Manager. Employees have the right to bypass their chain of command when selecting the person to whom they will make a complaint of harassment. b. Record the times, places and specifics of each incident, including any other individuals who might have observed the incident, their reactions and any employment actions (demotion, failure to promote, dismissal, refusal of leave, etc.) that may have been taken against the employee. 4. Investigation. If the complaint was filed with a person other than the Human Resources Manager, the supervisor or department head shall immediately notify the Human Resources Manager. The Human Resources Department shall be responsible for conducting an investigation. This investigation will be conducted in as confidential and discreet a manner as possible in order to ensure that the rights of all parties are protected and so that there shall be no harassment, reprisal or any other action that may be deemed threatening, either during the investigation or thereafter. All complaints received must be fully documented to include a statement of facts which should be signed by the employee. Once the complaint is received, a thorough investigation shall be conducted. A summary of the investigation, disciplinary action taken or recommended (if appropriate) and disposition of the complaint shall be provided through the Human Resources Department to the Town Manager. 5. Action. a. Interim. As required, interim measures may be taken pending full investigation and resolution, which may include the reassignment of employees (the complainant or the subject of the complaint), suspending the accused or other action as appropriate. 51 v.04.13.2023 b. Due Process. The subject of the complaint shall be afforded the opportunity to respond to all the evidence presented at the close of the investigation of the allegation. The Human Resources Manager may temporarily withhold the identity of any or all persons making allegations or interviewed as deemed necessary to protect those persons from retaliation or the reasonable fear of retaliation. c. Final. Upon competition of the investigation: i. Findings. The findings shall be communicated, in writing, to the parties. ii. Disciplinary Action – Employee. Any employee or supervisor found to have violated this policy shall be subject to disciplinary action. The disciplinary action shall be consistent with the nature and severity of the offense and other factors relative to fair and efficient administration of the Town government. Disciplinary action may include, but is not limited to: termination, demotion, reassignment, suspension, reprimand or warning. The Department Head shall execute the disciplinary action recommended by the Human Resources Manager. Documentation of all complaints resulting in disciplinary action shall be placed in the offending party’s personnel records. iii. Disciplinary Action – Customers, Suppliers, Volunteers and Contractors. Action to be taken may include, but is not limited to, requesting that the offending party leave the area, termination of contracts, removal from the list of authorized bidders, and/or initiation of legal proceedings. 6. Retaliation. There shall be no discrimination, retaliation or other adverse actions against any employee who makes a good faith complaint regarding harassment. Disciplinary action may be taken against any employee who files a malicious or obviously false complaint of harassment. 7. Grievance. An employee who is disciplined under this policy may grieve that disciplinary action under the grievance and appeal procedures. F. Americans With Disabilities Act (ADA) Reasonable accommodation is available to an employee with a disability when the disability affects the performance of job functions. We make our employment decisions based on the merits of the situation in accordance with defined criteria, not the disability of the individual. 52 v.04.13.2023 Qualified individuals with disabilities are entitled to equal pay and other forms of compensation (or changes in compensation) as well as job assignments, classifications, organizational structures, position descriptions, lines of progression, and seniority lists. We make all types of leaves of absence available to all employees on an equal basis. We are committed to not discriminating against any qualified employee or applicant because the person is related to or associated with a person with a disability. We follow all state or local laws that gives more protection to a person with a disability than the ADA gives. We are committed to taking all other actions that are necessary to ensure equal employment opportunity for persons with disabilities in accordance with the ADA and any other applicable federal, state, and local laws. 53 v.04.13.2023 SECTION VIII. Employee Grievances A. Policy In an employee/employer relationship, matters of concern and dissatisfaction to employees occasionally arise. Both employees and management officials have the responsibility to consider and dispose of such matters promptly, and to the greatest extent possible, at the lowest level. Normal day to day discussions between employees and supervisors regarding working conditions and related employment matters are the most constructive and expeditious means of developing and enhancing favorable and effective work relationships. An employee will be free to use the procedures presented here without restraint, interference, coercion, discrimination or reprisal, and each supervisor has the obligation, if at all possible, to act readily and fairly to resolve the dissatisfaction of an employee. B. Grievance Coverage Except as provided under Subsection (D)(3), “Exclusions,” this procedure covers any matter of concern or dissatisfaction by an employee relating to employment. 1. Exclusions. a. Position Classifications, approved by the Town Council, or any other action taken per the direction of the Town Council. b. Adverse action taken against an employee during the employee’s initial probationary period. c. Non-selection for a position or for a promotion. d. Verbal warnings, written warnings or official reprimands. e. Complaints from employee organizations. f. An action which terminates Acting Capacity Pay and returns the employee to the position from which they were temporarily assigned. g. A supervisor’s determination of the job responsibilities and performance standards of an employee’s position. h. Withholding a merit increase due to less than satisfactory performance. 54 v.04.13.2023 i. The content of published Town policy. j. Separation due to reduction in force from a group of properly ranked employees. k. Separation of an appointed employee by the appointing official, or of grant funded/contractual employee by department head. C. Discussion of Problem with Supervisor When an employee feels comfortable doing so, any employee having a problem regarding his/her employment shall first discuss the problem with his/her immediate supervisor. The employee may also raise the issue with Human Resources. D. Grievance Procedure 1. Informal Grievance Procedure. a. How Submitted. An informal grievance may be presented in writing. b. Time Limits. Any informal grievance must be presented within ten (10) working days after the occurrence, or incident, which led to the grievance. Time limits may be extended by mutual agreement between the supervisor and the employee to provide for unusual cases. c. Submitted To. The informal grievance shall first be presented, either orally or in writing, by the aggrieved employee to their immediate supervisor. d. Contents. The informal grievance must: i. Set forth the basis for the grievance; ii. Indicate the date that the grievable issue occurred; and iii. Contain a recommendation or indicate the corrective action desired. e. Rejection. If the grievance is not timely, or consists of a matter not covered under the grievance system, the employee shall be so advised. f. Supervisor’s Action. Each supervisor should process the informal grievance within fifteen (15) workdays of receipt. If the informal grievance is resolved by the supervisor, or next level supervisor, then the employee’s informal grievance will be considered resolved and not processed further. If the informal grievance 55 v.04.13.2023 is not resolved by a supervisor, it shall be forwarded through their supervisor to their department head. g. Department Head’s Action. The department head shall make whatever investigation is necessary and shall give an answer in writing to the employee within fifteen (15) working days after receipt of the informal grievance. This written notice shall include a summary of the facts presented and considered, and the action proposed by the department head. It shall further advise the employee of their right to pursue the matter under the Formal Grievance Procedure if they so desire. A copy of the response to the informal grievance will be forwarded to the Human Resources Manager who will establish a separate file for use in a possible formal grievance. 2. Formal Grievance Procedure. a. When Submitted. If the Informal Grievance Process does not resolve the employee’s concern(s), then the employee has a right to submit a Formal Grievance. b. How Submitted. A formal grievance must be presented in writing. c. Time Limit. If an employee has completed action under the informal grievance procedure, and has informed the department head that they are not satisfied with the proposed action, they may present a grievance under the formal procedure within ten (10) working days of receipt of the findings of the informal procedures. Time limits may be extended by mutual agreement to allow for unusual cases. d. Submitted To. A formal grievance must be presented, in writing, to the Human Resources Manager. e. Contents. A formal grievance must: i. Set forth the basis for the grievance; ii. List the names of all witnesses and those that the employee desires to have appear, if appropriate, before the Personnel Board. iii. Indicate the date that the grievable issue occurred, the date that an informal grievance was initiated, and the date that the informal grievance was answered by the department head. iv. Contain a recommendation or indicate the corrective action desired; 56 v.04.13.2023 v. Provide notice as to whether the employee intends to be represented by counsel, or by another person, during the grievance hearing; and vi. Indicate if the employee desires that the Formal Grievance proceedings be conducted as “open” or “closed” to the public. f. Excluded From Grievance. Matters listed within paragraph Subsection (D)(3), and those not related to the informal grievance as originally presented to/by the supervisor and department head, may not be raised at a later date by either party. g. Rejection. The Human Resources Manager will determine whether to accept, return, or reject in whole or in part any grievance presented. A grievance may be rejected if the aggrieved employee has not completed action under the informal grievance procedure; if the grievance is not presented within the ten (10) day time limit; or if it does not provide a clear statement of the issues and does not indicate the specific corrective action desired. The Human Resources Manager may return the grievance to the grievant for clarification or additional information. 3. Personnel Review Board a. Time Limits. The Personnel Board, serving as the Formal Grievance Review Board, shall be notified and meet within thirty (30) working days after receipt of all required information from the aggrieved employee. b. Board Membership. The Personnel Board is established by the Town Charter and consists of five members who are residents of the Town, appointed up to three-year terms by the Town Council. One of the members is selected as their chairperson. c. Administrative. A representative from the Human Resources Department, assisted by a stenographer or by electronic recording device, shall act as the secretary to the board. 4. Hearings. The Human Resources Manager shall provide a copy of the grievance case file to each member of the Personnel Board. The chairperson will open the hearing before a full Board or a quorum by briefly summarizing the employee’s grievance and the relief sought. a. Closed Hearing. Grievance hearings will be closed unless the employee (grievant) requests, in writing, an open session. 57 v.04.13.2023 b. Recording. The Formal Grievance hearing shall be recorded. This record, a summary of evidence and testimony heard, and the findings of the board, with all attendant documents, shall be preserved for not less than three (3) years. c. Personnel Review Board. The Board shall verify that the grievance was submitted within the allowed time limit and that the complaint is a grievable matter. d. Witnesses. All persons called before the Board will be sworn prior to providing information. e. Employee. The Board shall allow the aggrieved employee to restate their grievance, if they so desire, to present additional information relevant to the grievance, and to call any witness who can be expected to contribute materially to the issue. The employee may be represented by any person of their choice (at the employee’s expense if other than an employee in the County service), except members of the Board, their department head or the Human Resources Manager. f. Management. The department head of the employee, with such assistance as may be appropriate, shall represent management in these proceedings, and shall present all facts and evidence available to them which bear on the grievance. While the burden of going forward is on the aggrieved employee, the management representative must not only attempt to refute any information considered not to be factual, but must present all material information known to them even when that information may support the contentions of the aggrieved employee. g. Proceedings. The Formal Grievance proceedings will be conducted in a relaxed manner and will not include formal court proceedings as this is not a formal court. All parties present will be allowed to ask questions, provide information, and cross examine any witness. 5. The Personnel Review Board decision will be by majority decision. The chairperson will not vote, unless there is a tie, in which case the chairperson will vote to break the tie. 6. Findings and Decision of the Personnel Board. After having heard the case and deliberated upon its findings, the Board, within fifteen (15) working days of the conclusion of the hearing, will inform the aggrieved employee in writing of its findings and action to be taken by management, if any. The decision of the Personnel 58 v.04.13.2023 Board shall be final. 7. Any grievance of an employee shall be handled in accordance with the following procedure: 1) The employee shall, within ten (10) working days of the date of the grievance or within ten (10) working days of the date he/she could reasonably be expected to have knowledge of the grievance, present the grievance in writing to his immediate supervisor. The supervisor shall, within three (3) working days, meet and discuss the grievance with the employee and then reply in writing within three working days. 2) In the event that the immediate supervisor’s decision is not satisfactory to the employee, the employee may, within five (5) working days, present his grievance in writing to the second line supervisor or the Town Manager, whoever is immediately above the first line supervisor. The second line supervisor or the Town Manager shall, within five (5) working days, meet and discuss the grievance with the employee and then reply in writing within five (5) working days. In the event that the immediate supervisor is also the Department Head, the employee may immediately proceed to step 3). 3) In the event that the decision of the Department Head does not satisfy the employee’s grievance, the employee may, within five (5) working days present his/her grievance in writing to the Town Manager. The Town Manager, after collecting all data concerning the case from the Department Head, shall review the written record of the case and where warranted, either: a. meet within ten (10) working days with the employee, his representative, the Department Head concerned and witnesses called by either party. The Town Manager shall reply in writing to the employee within ten working days of the hearing. The Town Attorney shall represent management during any step 3) hearings. A copy of the Town Manager’s findings shall be furnished to the Town Council. The decision of the Town Manager shall be final. b. request mediation services from the Maryland Commission on Human Relations. 4) In the event that the Town Manager is the immediate supervisor, the employee may then, within five (5) working days present their grievance in writing to the Personnel Review Board. The Personnel Review Board shall meet within ten (10) working days with the employee, their representative, the Department Head concerned and witnesses called by either party. The Personnel Review Board 59 v.04.13.2023 shall make a recommendation to the Town Council in writing within ten (10) working days of the hearing. The Town Attorney shall represent management during any such hearings. The Town Council’s decision shall be rendered within ten (10) working days and shall be final. 60 v.04.13.2023 SECTION IX. Employee Performance Evaluation A. Purpose An employee performance evaluation system is herewith created. Each employee shall receive a performance evaluation so as to assist: 1. The employee in determining performance objectives for the rating period. 2. The administration to document the quality of work performed. 3. The administration in determining who is to receive a merit increase. 4. The administration in determining who should be considered for promotion when a vacancy occurs. B. Frequency 1. Each probationary employee shall be rated three months prior to the end of the probationary period and again at the end of the probationary period. 2. Each employee shall be rated on their anniversary date (i.e., date of hire). C. Merit Increase 1. Each full-time employee’s completed performance evaluation will be reviewed by the Human Resources Manager to determine eligibility for a merit step increase. 2. Town Council will establish criteria for determining eligibility for merit and cost of living (COLA) increases. This review process will involve the respective Department Head and the Town Manager and will be based entirely on merit. Merit is defined as excellence, highly commendable qualities and being of great value and worth. D. Rating Of Unsatisfactory An employee receiving a rating average of unsatisfactory shall be counseled, given a documented improvement plan and rated again three months later. If the employee performance is again rated “unsatisfactory,” the employee shall be terminated without recourse. E. Raters 1. Employees shall be rated by their immediate, designated supervisors. 61 v.04.13.2023 2. Prior to discussing performance with the respective employee in conjunction with the periodic rating, the rater shall request input from other supervisors involved and the Town Manager, as the case may be. 3. If rater and endorser (second line supervisor) cannot come to an agreement concerning the rating during the discussion phase, the matter shall be submitted through the Human Resources Manager to the Town Manager for appropriate mediation action. The rating may only be discussed with the employee when the rater and the endorser are in general agreement. After the rating has been completed and discussed with the employee by the rater, and the employee has signed the rating sheet, the evaluation shall be forwarded to the endorser for signature and comment. The employee must sign the rating sheet to acknowledge his or her awareness of the contents. An employee may elect to appeal his or her rating to the endorser, the Human Resources Manager, the Town Manager, the Town Council, in that order. 62 v.04.13.2023 SECTION X. Social Media Employee use of social media is regulated by Policy #300-502, which regulates employee use of social media while on-duty and employees’ use of social media in general. Employees should ensure they are familiar with said policy. 63 v.04.13.2023 SECTION XI. Information Technology and Mobile Devices The Town maintains policies regarding information technology and mobile devices, see Policies #300-501 (password policy), #700-003 (mobile device acceptable use policy), (internet and email policy) and #700-005 (mobile device reimbursement policy). Employees should ensure they are familiar with said policies. 64 v.04.13.2023 SECTION XII. Drugs and Alcohol The Town maintains two policies regarding drug and alcohol testing. These policies differ depending upon whether an applicable employee is required to hold a commercial driver’s license (Policy #300-101) or does not hold such a license (Policy #300-100). Employees should familiarize themselves with the policies applicable to their positions. 65 v.04.13.2023 SECTION XIII. Retention Schedule The Town adheres to a retention and disposal schedule approved by the State. Upon the expiration of the periods identified in the schedule said documents may be destroyed, where applicable. 66 v.04.13.2023 RECEIPT OF THE TOWN OF CENTREVILLE’S PERSONNEL MANUAL Please sign below acknowledging receipt of the Personnel Manual. I certify that I have received a copy of the Town of Centreville’s Personnel Manual (hereafter, “Manual”), also known as the “Rules and Regulations Governing the Operation of a Merit System”. I understand that it is my responsibility to read and comprehend this manual. I agree to abide by the rules, regulations and policy guidelines contained therein. I understand that if at any time I have questions regarding the Policy, I will consult with my immediate supervisor, Human Resources or the Town Manager. I agree to observe and follow the rules and regulations outlined in this Manual. I understand that failure to abide by them could result in disciplinary actions. Employee Name (Signature) Employee Name (Please Print) Department Date 67 v.04.13.2023