Chapter 2
ADMINISTRATION
Article I. In General
Sec. 2-1.
Compensation for officials.
Sec. 2-2—2-25. Reserved.
Article II. Board of Aldermen
Sec. 2-26. Composition; election districts,
Sec. 2-27. Regular meetings.
Sec. 2-28. Special meetings.
Sec. 2-29. Town meeting agenda.
Sec. 2-30—2-75. Reserved.
Article III. Personnel Policy
Sec. 2-76. Definitions.
Sec. 2-77. Purpose; classification of employees;
dissemination of policy;
amendments.
Sec. 2-78. Records.
Sec. 2-79. Employment policy.
Sec. 2-80. Compensation.
Sec. 2-81. Absences from work.
Sec. 2-82. Benefits.
Sec. 2-83. Tools and equipment.
Sec. 2-84. Separations, suspensions and layoffs.
Sec. 2-85. Rights and prohibitions.
Sec. 2-86. Drug-free workplace policy.
Sec. 2-87. Equal employment opportunity.
Sec. 2-88. Policy against sexual harassment.
Sec. 2-89. Employment of handicapped persons.
Sec. 2-90. Reasonable accommodations.
Sec. 2-1. Compensation for
officials.
(a) As used in this section, the term ‘part-time elected or appointed
official’ is defined as having full-time employment other than with the town.
Self-employment will also be taken into consider. ation in determining part-time or full-time status.
(b) Monthly compensation for full-time and part-time elected and appointed
officials is established as follows:
|
|
FULL TIME MINIMUM |
PART TIME MINIMUM |
PART TIME MAXIMUM |
|
MAYOR |
$1,500.00 |
$750.00 |
$1,500.00 |
|
Chief of Police |
$750.00 |
$500.00 |
$1,000.00 |
|
Town Clerk |
$1,500.00 |
$500.00 |
$1,000.00 |
|
Town Attorney |
|
$300.00 |
|
(c) If a vacancy in an elected or appointed office
occurs, the person elected or appointed to fill the unexpired term of the
elected or appointed official shall receive compensation equal to the minimum
part-time salary for that office, unless stipulated by the board of aldermen.
Sec. 2-2—2-25. Reserved.
ARTICLE II. BOARD OF
ALDERMEN
See. 2-26.
Composition; election districts.
The board of aldermen shall be composed of five aldermen. Two aldermen shall be
elected at large and three aldermen shall be elected, one from each of the
three election districts described and designated as follows:
(1) Election district1. The boundary description for election district 1
is as follows:
Beginning at the junction of Ellis Street and Louisiana State Highway 44
(Jefferson Highway) in the southern portion of the Town of Gramercy; thence
northeasterly along Louisiana State Highway 44 (Jefferson Highway) to the
junction with South Cherry Avenue; thence north- easterly along South Cherry
Avenue to the junction with East Railroad Avenue; thence northeasterly along
East Railroad Avenue to the junction with the corporate limits of the Town of
Gramercy at South Willow Street; thence northwesterly a short distance, then
southeasterly, northwesterly, northeasterly, northwesterly, northeasterly,
northwesterly, southwesterly, northwesterly, northeasterly, and northwesterly
along the corporate limits of the Town of Gramercy to the junction with
Louisiana State Highway 3125; thence southwesterly along Louisiana State
Highway 3125 to the junction with an intermittent stream located northeast of
Eighth Street; thence southeasterly, northeasterly, and southeasterly along the
intermittent stream to the junction with East Fourth Street; thence
northeasterly along East Fourth Street to the junction with Belinda Street;
thence southeasterly along Belinda Street to the junction with Kathy Street;
thence southwesterly along Kathy Street to the junction with the previous
intermittent stream parallel to Tania Street; thence southeasterly along the
intermittent stream to the junction with East Second Street; thence
southwesterly along East Second Street to the junction with Millet Avenue;
thence southeasterly along Millet Avenue to the junction with East First
Street; thence southwesterly along East First Street to the junction with North
Montz Avenue; thence southeasterly along North Montz Avenue to the junction with East Main Street; thence
southwesterly along East Main Street to the junction with Louisiana State
Highway 20 (South Airline Highway); thence southeasterly along Louisiana State
Highway 20 (South Airline Highway) to the junction with West Railroad Avenue;
thence southwesterly along West Railroad Avenue to the junction with Ellis
Street; thence southeasterly along Ellis Street to the junction with Louisiana
State Highway 44 (Jefferson Highway), the point of beginning.
(2) Election district 2. The boundary description for election
district 2 is as follows:
Beginning at the junction of the western corporate limits of the Town of
Gramercy and Louisiana State Highway 3125; thence northeasterly a short
distance along Louisiana State Highway 3125 to the junction with Louisiana
State Highway 20 (North Airline Highway); thence southeasterly along Louisiana
State Highway 20 (North Airline Highway) to the junction with East Sixth
Street; thence northeasterly along East Sixth Street to the junction with North
Montz Street; thence southeasterly along North Montz Street to the junction with East Third Street; thence
northeasterly along East Third Street to the junction with Millet Avenue;
thence southeasterly along Millet Avenue to the junction with East First
Street; thence southwesterly along East First Street to the junction with North
Montz Avenue; thence southeasterly along North Montz Avenue to the junction with East Main Street; thence
southwesterly along East Main Street to the junction with Louisiana State
Highway 20 (South Airline Highway); thence southeasterly along Louisiana State
Highway 20 (South Airline Highway) to the junction with West Railroad Avenue;
thence southwesterly along West Railroad Avenue to the junction with Ellis
Street; thence southeasterly along Ellis Street to the junction with Louisiana
State Highway 44 (Jefferson Highway); thence northeasterly along Louisiana
State Highway 44 (Jefferson Highway) to the junction with South Cherry Avenue;
thence northwesterly along South Cherry Avenue to the junction with East
Railroad Avenue; thence northeasterly along East Railroad Avenue to the
junction with the corporate limits of the Town of Gramercy at South Willow
Street; thence southeasterly along South Willow Avenue and the corporate limits
of the Town of Gramercy, then southwesterly, northwesterly, to the junction of
West Sixth Street, thence northeasterly, and northwesterly along the corporate
limits of the Town of Gramercy to the junction with Louisiana State Highway
3125, the point of beginning.
(3) Election district 3. The boundary description for election district
3 is as follows:
Beginning at the junction of the western corporate limits of the Town of
Gramercy and Louisiana State Highway 3125; thence northeasterly a short
distance along Louisiana State Highway 3125 to the junction with Louisiana
State Highway 20 (North Airline Highway); thence southeasterly along Louisiana
State Highway 20 (North Airline Highway) to the junction with East Sixth
Street; thence northeasterly along East Sixth Street to the junction with North
Montz Street; thence southeasterly along North Montz Street to the junction with East Third Street; thence
northeasterly along East Third Street to the junction with Millet Avenue;
thence southeasterly along Millet Avenue to the junction with East Second
Street; thence northeasterly along East Second Street to the junction with an
intermittent stream beginning at East Second Street and parallel to Mobile
Avenue; thence northwesterly along the intermittent stream to the junction with
Kathy Street; thence northeasterly along Kathy Street to the junction with
Belinda Street; thence northwesterly along Belinda Street to the junction with
East Fourth Street; thence southwesterly along East Fourth Street to the
junction with the previous intermittent stream; thence northwesterly,
southwesterly, and northwesterly along the intermittent stream to the junction
with Louisiana State Highway 3125; thence northeasterly along Louisiana State
Highway 3125 to the junction with the eastern corporate limits of the Town of
Gramercy; thence northwesterly, westerly, northwesterly, westerly,
northwesterly, southwesterly, and southeasterly along the corporate limits of
the Town of Gramercy to the junction with Louisiana State Highway 3125, the
point of beginning.
Sec.
2-27. Regular meetings.
The mayor and board of aldermen shall meet in regular session on the second
Monday of every month at 7:00 p.m. at the town hall.
Sec. 2-28. Special meetings.
(a) Call notice. A special meeting of the mayor and board of
aldermen may be called by the mayor or any three aldermen and shall spell out
in the call the purpose for which the meeting is to be conducted. Notices of
special meetings must be served by any police officer to the mayor and board of
aldermen. Notices for special meetings shall be served at least 24 hours prior
to the hour fixed for such a call.
(b) Business. No business, except as
specified in the call for the special meeting, shall be transacted except by
unanimous consent of the board of aldermen. In all cases, it shall require a
majority of the aldermen elected to constitute a quorum.
(c) Continuance of meetings. Special meetings may be continued over to
another specified date upon consent of a majority of the members of the board.
Sec. 2-29. Town
meeting agenda.
Town meeting agenda. The board of aldermen and or the mayor are charged with the
responsibility of approving agenda items prior to the advertised date of town
meetings. Anyone that desires to be included on the agenda must first submit a
letter to their respective alderman for consideration. Said letter should state
their name, address, and purpose for requesting placement on the agenda. This
letter must be received no later than 5 working days prior to the advertised
date of the meeting.
ARTICLE III PERSONNEL POLICY
Sec. 2-76. Definitions.
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Appointing authority means the mayor and board of aldermen.
Department head means the following designated positions:
(1) Mayor.
(2) Chief of police.
(3) Town clerk.
Director means
the mayor or his designee or the chief of police or his designee.
Employee means a person assigned to perform the work of a position.
Municipal service means all positions and employees covered, subject to
the personnel policies of the town.
Position means a group of duties and responsibilities, assigned or
delegated by competent authority and requiring full-time or part-time
employment of one person. A position can be vacant or occupied.
Sec. 2-30—2-75. Reserved.
Sec. 2-77. Purpose;
classification of employees; dissemination of policy; amendments.
(a) Purpose. The purpose of the personnel
policy shall be to:
(1) Provide for all employees a healthy and wholesome atmosphere in which job
duties can be performed adequately.
(2) Maintain proper supervisor-subordinate relationships, attitudes, actions
and communication.
(3) Make certain that each employee knows what is expected of him and that each
employee is properly compensated for the execution of those duties.
(4) Recognize the rights of the individual and treat all employees fairly.
(5) Provide a worthy service to the town and community.
(6) Conduct all the operations of the town in an ethical and legal manner so as
to generate by the towns actions a reputation as an
efficient, progressive body in the community and state.
(7) Allow ample opportunity for promotion and advancement and encourage
employees who are capable to make the association with the employer a career.
All appointments and promotions shall be made solely on the basis of merit and
fitness, except as follows:
a. Elected officials and persons appointed to fill vacancies in elective
office;
b. Members of advisory boards and committees appointed by the board of
aldermen;
c. Employees of intergovernmental agencies;
d. City attorney and city prosecutor;
e. Consultants, advisors and counsels rendering temporary professional service;
and
f. Independent contractors.
All municipal employees not expressly exempted from coverage by this policy
shall be considered to be and shall be subject to the provisions contained in
this article.
(b) Employee status. All employees covered
under this policy shall be classified as permanent (full-time or part-time,
salaried or hourly) or temporary.
(1) A permanent full-time employee is an employee whose position requires the
following hours of work a week on a regularly scheduled basis:
a. Office personnel, 36 hours per week.
b. Maintenance personnel, 40 hours per
week.
c. All others, 40 hours per week.
(2) A permanent part-time employee is an employee whose position requires, on
an average, less than 36 hours of work a week on a regularly scheduled basis,
(3) Salaried personnel hold supervisory positions, except police personnel
other than the assistant chief of police, and are considered to be the
following:
a. Town clerk.
b. Foreman.
c. Water treatment plant operator in charge.
d. Assistant water treatment plant operator in charge.
e. Assistant chief of police.
f. All other police personnel, except clerical.
(4) Unless specifically listed in subsection (b)(3) of
this section, all other personnel are considered to be hourly employees.
(c) Dissemination. All municipal employees shall be informed of the
existence of this policy, and each department shall keep a current copy
available for review by employees.
(d) Amendment. All amendments shall be made
in accordance with section 1-8.
Sec. 2.78. Records.
(a) Personnel records. The town clerk shall maintain the official
personnel files for all municipal employees. Unless otherwise provided by law,
personnel files and information shall be confidential and may not be used or
divulged for purposes unrelated to municipal personnel management, without the
express permission of the employees involved. Nothing in this subsection shall
prevent the dissemination of impersonal statistical information. An employee
shall have the right of reasonable inspection of his official personnel file
under procedures established by the personnel office.
(b) Records of written reprimands. Upon written request from the
employee, the personnel office may remove a written reprimand from the
employee’s personnel ifie one year after its being
issued, provided the employee has received no disciplinary action since the
written reprimand and provided the employee has demonstrated improvement.
(c) Personnel (classified) office records. Records maintained by the
town clerk shall include but not be limited to the following:
(1) Status of all positions in the municipal service covered
by the policy (see section 2-77(b)).
(2) Status, classification and pay of all employees in the municipal service.
(3) Leave records indicating annual leave earned, used and unused; sick leave
earned, used and unused; compensatory time earned,
used and unused; and any other authorized leave with or without pay.
(4) Personnel action or employment records, including application forms and
records relative to selection, appointment, demotion, transfer, layoff or
termination, rates of pay or other terms of compensation.
(d) Period of retention. AU of the records in subsections (a)—(c) of
this section shall be maintained at least six months after the date that record
was made or the action was taken, whichever occurred later. Records relevant to
a charge of discrimination or action brought against the town by the United
States Attorney General shall be retained until final disposition of the
charges or action.
Sec. 2-79. Employment
policy.
(a) Selection. It is the policy of the board of aldermen to select
personnel who meet high standards of character and occupational qualifications,
who can carry out assigned duties competently and who have capacity for growth
and development as a part of the organization.
(b) Methods of filling vacancies. All vacant
positions shall be filled by original appointment, emergency appointment,
transfer or demotion. The mayor, and chief of police for the police department,
shall determine the method of filling any vacancy.
(1) Original and
promotion appointments. All appointments shall be made on the basis of merit.
Insofar as practicable, every applicant shall be rated by an examination
process, to be determined by the mayor, relative to the vacancy for which he or
she is applying. New applicants and current employees shall be required to
successfully complete the examination process to be declared eligible for
original or promotional appointment. In order to ascertain that job applicants
are physically able to perform the duties of the jobs for which they apply, a
physical examination may be required. In the case of police department
applicants, in order to ascertain that job applicants are mentally and
physically able to perform the duties of the jobs which they apply, a
psychological; physical exam and a drug screening shall be required. The cost
of such physical examination will be paid by the municipality.
(2) Emergency
appointments. The mayor shall be permitted to make an emergency appointment
when a position vacancy caused by unforeseen circumstances or conditions beyond
his control threatens the proper functioning of the town and the efficient
rendering of public services. In no case shall such appointments continue for
longer than 30 working days.
(3) Demotion. An
employee may be demoted voluntarily or for cause upon recommendation of the
mayor or, for the police department, the chief of police. A written statement
of the reason for the demotion for cause shall be submitted to the town clerk
and the employee affected prior to the effective date of the action.
(c) Probationary periods. Every employee shall
serve a probationary period when the employee is originally or promotionally
appointed, transferred or demoted, except that an employee demoted to the same
position from which the employee was promoted shall not serve a second
probationary period in that position. The probationary period shall be regarded
as the working test portion of an examination process. The probationary period
shall begin on the effective date of an employee’s appointment, transfer or
demotion and shall continue for a period of three months. At the request of the
mayor or, for the police department, the chief of police, an employee’s
probationary period may be extended one workday for every workday during the
probationary period the employee was unable to work because of personal illness
or injury.
(d) One-year evaluation. Every employee shall
receive an evaluation at the end of his or her first year. In the case of
police department personnel all employees must be P.OS.T. certified
by his or her one-year evaluation. Non-certification may be cause for immediate
dismissal.
(e) Training expense reimbursement. All
employees that receive outside training paid for by the town, at contracted
price, will be required to sign a one-year employment contract. In the event
that the employee elects to terminate his/her employment prior to the
expiration of the one- year contract, the employee will be responsible for
reimbursing the town for the cost of the outside training.
Sec.
2-80. Compensation.
(a) Salaries and adjustments. When an employee begins work, the employee
is paid a salary related to the employee’s immediate responsibilities and
skills based on local prevailing practices for like work. From then on, the
employee’s salary progress depends upon how successful the employee, as an
individual, applies himself. Under no circumstances will an individual be paid
less than the minimum wage rate. Salaries may be reviewed periodically and
merit increases may be granted in recognition of improved performances. In
addition, cost-of-living adjustments will be made when appropriate.
(b) Overtime. It is the general policy of the board of aldermen to avoid
overtime; yet there are times when the amount of work to be done, together with
emergencies, often necessitates extended hours of work. Necessary overtime must
be properly documented and authorized. Whenever service is rendered in excess
of 40 hours in a workweek, employees will receive overtime pay, except for
police personnel, as follows:
(1) An hourly employee shall receive overtime pay at 1V2 times the employee’s
base rate for each hour worked over 40 hours in a workweek.
(2) Salaried employees are exempt from the overtime provisions of the
Fair Labor Standards Act, but shall be compensated, except for the town clerk
and police personnel, at a rate of 1/2 times the base rate for each hour worked
over 160 hours in a four-week period.
(3) Police personnel shall be compensated for documented hours over 80
hours per pay period. Police personnel shall receive overtime pay as described
in subsection (b)(1) of this section. Clerical police
personnel shall receive overtime as described in subsection (b)(l) of this section. In accordance with the Fair Labor
Standards Act, section 13(b)(20), if the town employs
less than five police officers, including part-time employees, in law
enforcement activities, the town will execute the exemption from the provisions
of overtime pay for police personnel as spelled out in the Fair Labor Standards
Act.
(c) Maintenance on call.
(1) Maintenance employees shall receive a flat fee
of $25.00 for carrying the on-call beeper for a seven-day period beginning on
Monday and ending on the following Monday.
(2) Maintenance employees shall receive a minimum of two hours’ pay at
the base rate for being called out to an emergency.
(3) Maintenance employees shall receive overtime pay at P12 times the
base rate for each hour worked over 40 hours in a workweek.
(d) Training expense reimbursement. All employees that receive outside
training paid for by the town, at contracted price, will be required to sign a
one-year employment contract. In the event that the employee elects to
terminate his/her employment prior to the expiration of the one- year contract,
the employee will be responsible for reimbursing the town for the cost of the
outside training.
(2) Weekend holidays. Whenever a regular holiday falls on a Sunday, the
following Monday shall be observed as the holiday. Whenever a regular holiday
falls on a Saturday, the preceding Friday shall be observed as the holiday.
(3) Special holidays. Special holidays proclaimed by the mayor shall not
be subject to subsection (a)(2) of this section.
(4) Eligibility for paid holidays. Permanent full-time and part-time employees,
except police department personnel, required to work when the employees’
regular work schedules fall on a holiday shall be entitled to time off during
the period with pay.
Sec.
2-81. Absences from work.
(a) Regular holidays. The personnel policy for regular holidays shall be
as follows:
(1) Holidays. The following shall be observed as regular holidays:
a. New Year’s Day.
b. Martin Luther King Day.
c.
Mardi Gras Day.
d. Good Friday.
e. Memorial Day.
f. Labor Day.
g. Thanksgiving Day.
h. Day after Thanksgiving.
i.
Christmas Eve.
j. Christmas Day.
k. New Year’s Eve.
If an employee fails to report to work the day
before or the day after a holiday, the employee will not receive holiday pay
unless the employee is sick and presents a doctor’s slip. If a holiday falls
within an employee’s vacation period, the employee shall have one day added to
the employee’s vacation time.
(5) Compensation for holiday work.
a. Employees
required to work. An employee required to work during a holiday shall be entitled
to receive eight hours of pay times the employee’s regular hourly rate plus 1 V
times the employee’s regular hourly rate for each hour
worked on the holiday.
b. Employees not
required to work. An employee not required to work on a holiday shall be
entitled to receive eight hours of pay times the employee’s regular rate of
pay.
c. Employee on
leave of absence. An employee on leave of absence without pay status on the
holiday or on the scheduled workday immediately preceding or following shall not
be entitled to receive pay for the holiday.
d. Religious
holidays. An employee wishing to observe a religious holiday not coinciding
with an official holiday may be given time off without pay or may be authorized
to use accrued annual leave.
(b) Annual and sick leave. The annual and sick leave policy shall be as
follows:
(1) Eligibility. Permanent
and probationary status employees shall earn annual and sick leave. Part-time
employees shall not earn annual and sick leave. Daily attendance and leave records
must be maintained for employees eligible to accrue annual and sick leave.
(2) Formula for
earning. The formula for earning annual and sick leave shall be based
on
a full-time work schedule, and the credit shall be recorded at the close of
each pay period as follows:
a. Each employee shall be credited with
three-quarters of a day of available sick leave for each one-month period
worked. An employee shall not be made eligible for sick leave until after
having completed six months of employment, at which time the employee shall be
credited with 4V2 days of sick
leave for the balance of the calendar year to be used if needed.
b. Annual leave shall be determined as follows:
1. If placed on the payroll between January 1 and
March
31, a new employee shall have
earned 40 hours of vacation
leave in the same calendar year
after having completed six
months of employment service.
If placed on the payroll between April 1 and September
30, a new employee shall have
earned 80 hours of vacation
leave during the following calendar year upon completion of
six months of employment ser vice If placed on the payroll
between October 1 and December 31, a new employee shall
have earned 64 hours of vacation leave during the following
calendar year upon completion
of six months of employment.
2. Each year thereafter, an employee shall have
earned 80
hours of vacation leave through
five years of employment ser vice Thereafter, 120 hours of
vacation leave shall be granted
to an employee having complete five years of service, pro vide the completion
of five
years of service has been accomplished between January 1 and
May31 of the anniversary year.
3. Vacation preference will be given by seniority.
(3) Accumulated annual leave. Annual leave shall be taken during the
calendar year in which it is earned, with the following exceptions:
a. An employee with
less than six months of service may carry any or all unused leave forward to the
next calendar year.
b. When the appointing
authority certifies in writing that an employee has been denied all or part of
the employee’s earned annual leave because of emergency conditions prohibiting
such leave, the employee shall be allowed to carry a maximum of one year earned
leave to the following calendar year.
(4) Leave earning restrictions. No
employee shall be credited with annual or sick leave for the, following:
a. Overtime hours.
b. Any hour of leave without pay.
c. Leave with pay when an employee separates from
service without returning to work.
(5) Accrual of sick leave. An employee may
accrue up to 90 days of sick leave. If no sick leave is used during the current
year, an employee may carry over 4V2 days to the following year. If an employee
during any calendar year uses part of the allowed sick leave, the remaining
sick leave for that calendar year may be carried over at a rate of one-half of
the unused balance, but not to exceed 4V2 days during any calendar year and
never to exceed the maximum of 90 days at any time.
(6) Use of annual leave. Annual
leave must be applied for by the employee and may be used only when approved by
the department head. Annual leave shall be charged only for time which the
employee would ordinarily have worked. The minimum charge to annual leave
records shall be one hour.
(7) Use of sick leave. Sick leave with pay
may be taken for illness or injury which prevents performance of an employee’s
usual duties or for medical, dental or optical consultation or treatment. Sick
leave shall not be charged for nonworking days. The minimum charge for sick
leave shall be one hour. The employee’s department head or the mayor is
authorized to grant such leave in accordance with municipal policy. If more
than two successive days of sick leave are used, the town may require a
doctor’s certificate, at its discretion.
(8) Maternity leave.
a. Sick leave, annual leave and leave without pay may be granted for
maternity purposes; however, absence without pay shall be granted by the mayor
upon receipt of a written statement by the employee that she intends to return
to work within a reasonable time after childbirth.
b. Unless the employee on leave has informed the town that she does not
intend to return to work, her job must be held open for her return on the same
basis as jobs held open for employees on sick or disability leave for other
reasons.
c. Employees with illnesses or disabilities arising from pregnancy or
maternity situations shall be entitled to benefits on the same basis as other
employees with these types of temporary illnesses or disabilities.
(9) Leave of absence without pay.
a. For reasons of illness or disability, the appointing authority may,
upon the written request of a regular employee and with the approval of the
director, grant a regular employee who has served at least one year leave of
absence without pay for a period not to exceed 60 consecutive days in any one
year. The appointing authority may request that an employee requesting the leave
provide a certificate by a registered physician stating that the employee is
incapacitated to work, but that there
is reason to believe that the employee will be physically fit for work
upon termination of leave.
b. When an employee does not return
to work at the expiration of the period of leave without pay authorized
in this subsection, the employee shall
be automatically considered as having resigned his position.
c. Any unauthorized absence from normal working hours shall be
considered leave of absence without pay
and the employee may be subject to
suspension or dismissal.
(10) Administrative absence with pay. The mayor or, for the police
department, the chief of police may grant administrative absence with pay under
the following circumstances:
a. Family emergency. An employee may
be given time off without loss of pay,
annual leave or sick leave for a death
in the employee’s immediate family.
Three consecutive days leave may
be given for the death of an employees
spouse, parent, child, brother or sis ter One day of
leave may be given
for the death of an employees grand parent grandchild, great grandchild,
great grandparent, father-in-law or
mother-in-law.
b. Voting. The town encourages employ ee
to vote in official elections; how ever when the polls are open before
and after the normal workday, em ployee
are expected to vote during
nonworking hours.
c. Jury duty/civil leave. Ifan employee
is called for court jury duty, the
employee will be paid his regular
salary or wage. The employee will be
expected to report for work if a rea sonabl amount of time remains dur
in the regular workday. In order to
receive pay for jury duty, however,
the employee must furnish proof of
service to his department head.
(11) Military leave.
a. Active duty. A permanent employee who is
drafted or is called for active duty in the armed forces of the United States,
the coast guard, the public health service or emergency preparedness or who is
drafted in to Merchant Marine Service shall, in accordance with law, be
entitled to reemployment after honorable discharge or discharge under honorable
conditions from such services, provided the employee is physically and mentally
able to do the work required and reports for work within 90 days of such
discharge. The employee shall be employed in the job the employee had when the
employee left at the same salary or, if the job has been upgraded, at that
salary. If the employees former job no longer exists,
the employee shall be employed in such capacity for which the employee is
qualified at a salary comparable with that the employee formerly received. In
order to receive this benefit, the employee must give the mayor formal notice
of the draft or enlistment.
b. Reserve training. A full-time employee
who is a member of a reserve military organization of the United States or a
member of the National Guard of the state and who attends regular military
reserve training will be given necessary time off for a period not to exceed 15
days in any one calendar year. Time off for the purpose of attending military
reserve training shall not be considered vacation time or annual leave. The
town shall pay the employee the difference between the salary earned, while on
active duty, and the employee’s regular municipal salary. A certified pay
voucher from the military shall be required.
(12) Disability
a.
Under worker’s compensation. When the disability of an employee is of
such nature that the employee is entitled to payment under worker’s compensation
insurance which is in effect, the employee shall be entitled to be paid sick
leave in the amount necessary to raise the total payment of compensation plus
sick leave to the amount being paid at the time of disability.
b. Worker’s compensation at a later date. If
worker’s compensation does not begin at the time of disability but at a later
date, the employee shall be paid at the regular sick leave rate, but not to
exceed the employee’s accrued sick leave, up to the time worker’s compensation
becomes effective, after which time any remaining sick leave credit shall be
used as prescribed in subsection (b)(12)a of this
section.
c. Beet-edit of accrued sick leave. If the
disability continues long enough for the employee to receive worker’s
compensation for the original waiting period, the employee’s accrued sick leave
account shall be credited with sick leave in proportion to the amount refunded
to the town to cover the waiting period.
Sec. 2-82. Benefits.
(a) Hospitalization. R.S. 33:5151 gives the town the power to contract
for group insurance. All full-time employees shall, therefore, be eligible to
apply for coverage under a group hospitalization insurance program. To obtain
full coverage, each employee must meet the requirements set forth by the
insurer. Employees are not required to participate in the group hospitalization
program. Insurance premiums are shared by the employer and the employee.
Acceptance of the premium by the insurer ensures complete coverage of the
employee in accordance with the provisions of the existing plan. Part-time
employees will not be allowed hospitalization benefits.
(b) Retirement. The town is a member of the
Municipal Employees’ Retirement System and the Municipal Police Employees’
Retirement System. All full-time employees are required to participate in the
retirement program. The town contributes to the retirement system on behalf of
the employee as per state law. Part-time employees are not eligible to join
either of the requirement systems.
Sec.
2-83. Tools and equipment.
(a) Under this article, all tools, supplies and
equipment needed to perform job duties are provided by the employer. Tools and
equipment must be handled with care and returned to storage places after use.
The town cannot and will not replace tools and equipment willfully damaged or
lost by the employee. The waste in tools and equipment is very costly and
affects everyone’s salary increases. Willful loss or damage of tools and
equipment will result in the replacement costs being deducted from the
employee’s salary
(b) No equipment such as trucks, cars or motorized
equipment will be used to drive to and from work or to pick up any items which
do not belong to the town. No official or employee shall request or permit the
use of town-owned vehicles, equipment, materials or property for personal
convenience or benefit, except when such services are available to the public
generally or are provided as board policy for the use of such official or
employee in the conduct of official business. Only authorized personnel are to
operate and ride in town-owned vehicles.
(c) Police officers shall provide their own sidearms.
(d) Violation of this section shall constitute a cause for suspension, removal
from office or employment or other disciplinary action.
Sec. 2-84. Separations, suspensions and lay. offs.
(a) Resignation. The personnel policy for resignations shall be as follows:
(1) Any employee resigning from the employment of
the town shall file a written resignation with the employee’s department head
at least two weeks before the date of termination. An employee who resigns is
encouraged to give reasons for resigning and to discuss with the employee’s
department head any working conditions which the employee feels are
unsatisfactory.
(2) A resigning employee who fails to notif5r his
department head as required by this rule may be denied future employment with
the town.
(3) Unauthorized absence from work for a period of
three consecutive workdays may be considered by a department head to be an automatic
resignation.
(b) Layoffs. The policy for layoffs shall be
as follows:
(1) The mayor may reduce the work force or lay off
any employee because of a lack of work or because of budget reductions
resulting from budget overexpenditures or insufficient
funds. Quality of performance, attendance and length of service shall be taken
into account in reductions of the work force.
(2) Layoffs shall require the approval of the board
of aldermen.
(c) Suspensions. The policy for suspensions
shall be as follows:
(1) Suspension with pay. The mayor or, for
the police department, the chief of police may, for cause, suspend an employee
with pay for a maximum of three days. Suspension with pay after the maximum
three days requires approval of the board of aldermen and may be extended with
board approval.
(2) Suspension without pay. The mayor or,
for the police department, the chief of police may, for cause, suspend an
employee without pay for a maximum of five days. Suspension without pay after
the maximum five days requires approval of the board of aldermen and may be
extended with board approval.
(d) Dismissal for cause. Any employee may be
dismissed for cause upon the recommendation of the department head and the
approval of the board of aldermen.
(e) Causes for suspensions, demotion or
dismissal. Causes for suspensions, demotion or disshall
be as follows:
(1)Unwillingness or failure of an employee to perform the duties of the
employee’s in a satisfactory manner;
(2) The deliberate omission of any act is the employee’s duty to
perform;
(3) The commission or omission of any the prejudice of the department
services or any act contrary to public interest or policy;
(4)Insubordination;
(5)Conduct of a discourteous or wantonly offensive nature toward the
public or municipal officer or employee and dishonest, disgraceful, immoral or
conduct;
(6) Drinking alcoholic beverages while on and reporting for duty while
under influence of alcohol;
(7) The use of intoxicating liquors or habit forming drugs, liquids or
preparations an extent that precludes such employee from performing the duties
of employee’s position in a safe or satisfactory manner;
(8) Falsely making a statement of any fact in the application for
admission to any test for securing eligibility to any position in the municipal
service or the practicing or attempting to practice fraud or deception in any
test;
(9) The conviction of a felony;
(10) Using or promising to use influence official authority to secure
any appointment to a position within the municipal service as a reward or
return for partisan or political services;
(11) Soliciting or receiving any money or valuable thing from any person
or group of persons for any political party or political purposes;
(12) Inducing or attempting to induce, by threat of coercion, any person
holding a position in the municipal service to resign such person’s position,
take a leave of absence from such person’s duties or waive any of such person’s
rights under the personnel policies or of the rules lawfully adopted under this
article;
(13) The development of any defect of physical or mental condition that
precludes the employee from properly performing the duties of the position or
the development of any physical or mental condition that may endanger the
health or lives of fellow employees;
(14) The willful violation of any personnel policy or of any rule,
regulation or order lawfully adopted under this article; and
(15) Any other act or failure to act which the board of aldermen shall
consider as being sufficient to show the offender to be an unsuitable or unfit
person to be employed in the service.
Sec. 2-85. Rights and prohibitions.
(a) Pre termination hearings. A town
employee served with a termination notice is entitled to a pretermination
hearing before the board of aldermen prior to the effective date of the
termination.
(b) Employment discrimination. No person
shall be appointed, promoted, demoted, removed, denied any benefit relative to
a full-time or part- time position or in any way favored or discriminated
against because of political, religious, racial, age, national origin, sex,
physical handicap or other extraneous considerations and forms of prejudice. No
person shall be discriminated against because of a physical handicap if the
handicap does not inhibit effective performance in the position such person is
holding or applying to hold.
(c) Dual office holding. Dual office holding
shall be prohibited in accordance with R.S. 42:61— 42:66, the provisions of
which are adopted in this article as if fully set forth in this section.
(d) Other prohibitions. No employee shall
engage in activities prohibited by law or administrative policy.
(e) Penalty for violation. Violation of any
of such prohibitions shall be grounds for rejection of an application,
suspension or dismissal.
(1) A full-time appointive office or full-time
employee shall not engage in outside frill-time employment, including
self-employment, where such employment would constitute a conflict of interest
or would adversely affect the appointive office or full-time employee’s
performance in the town service.
Outside part-time employment must be reported to, and approved by the mayor’s
office.
Sec.
2-86. Drug-free workplace policy.
(a) Since substance abuse in many instances is a
health problem which is treatable, employees suffering from the effects of
substance abuse will be given the same consideration in terms of available
assistance as is extended to employees with other illnesses.
(b) Upon determination that an employee is using a
controlled substance, the town may offer to refer the employee to a drug
counseling rehabilitation or employee assistance program for assistance,
counseling and rehabilitation. Participation in such a program is voluntary,
and no disciplinary action may be taken against the employee for failure to
begin or complete such a program, except that the employee may be required to
participate satisfactorily in such program if convicted of a violation of any
criminal drug statute. Disciplinary action based on a violation of the town’s
controlled substance policies or because of performance deficiencies is not
automatically suspended by an employee’s participation in such a program, and
appropriate discipline may be imposed when warranted.
(c) No
employee who requests help in a substance abuse rehabilitation program
recognized or approved by the town will be terminated from the town’s employ,
provided that the employee is not in violation of any other section of the
town’s drug-free workplace policy or the town’s personnel policy and the
employee successfully completes the rehabilitation program and is able to
continue to work and maintain the required behavior and work performance.
(d) An employee who violates the drug-free
workplace policies of the town will be subject to disciplinary action,
including possible termination for a first offense.
(e) Any employee who is convicted of any criminal
drug statute violation occurring in the workplace will be subject to
appropriate personnel action, up to and including termination, or required to
participate satisfactorily in an approved thug abuse assistance or
rehabilitation program.
(f) The town reserves the right to prosecute any employee or visitor
who uses, sells, dispenses or possesses drugs or otherwise violates the drug-
free workplace policy.
(g) An employee who is medically diagnosed as being
addicted to a controlled substance may be granted sick leave, where
appropriate, according to the town’s sick leave/disability policies, to
undertake rehabilitative treatment; however, disciplinary action based on a
violation of town policies is not automatically suspended by the employee’s
participation in such a program.
Sec.
2-87. Equal employment opportunity.
(a) The Town of
(b) Equal employment opportunity takes place in all
employment practices: hiring, promotion, demotion, transfer, recruitment,
termination, rates of pay or other forms of compensation, and selection for
training. Every employee has access to organization sponsored educational,
training, and recreational activities.
(c) The town provides every employee with a working
environment free from harassment. Individually and collectively, we share the
responsibility for understanding the great importance of such simple,
taken-for-granted things as a pleasant work environment, and for assuring that
every employee is welcomed, accepted and rewarded according to his or her
contribution to the attainment of our goals and objectives.
Sec. 2-88. Policy
against sexual harassment.
(a) It is the town’s policy to prohibit harassment of employees and prospective
employees on the basis of sex. All members of management are responsible for
the effective administration of this policy.
(b) Unwelcome sexual advances, requests for sexual
favors and other verbal or physical conduct of a sexual nature constitute
sexual harassment when:
(1) Submission to such conduct is made either
explicitly or implicitly a term or condition of an individual’s employment;
(2) Submission to or rejection of such conduct by
an individual is used as a basis for employment decisions affecting the
individual; or
(3) Such conduct has the purpose or effect of
interfering with an individual’s work performance or creating an intimidating,
hostile or offensive working environment.
(c) All forms of sexual harassment are prohibited
whether verbal, nonverbal or physical.
(d) Sexual harassment includes, but is not limited
to, repeated offensive sexual flirtations; advances or propositions; continued
or repeated commentaries about an individual’s body; offensive sexual language;
and the display in the work place of sexually suggestive pictures or objects.
(e) Employees who believe they have been sexually
harassed should follow the steps outlined in the problem solving procedure
described in the following section.
(1) Background. Harassment on the basis of a
person’s sex by a supervisor, coworker or other person is a discriminatory
practice which violates Title VII of the Civil Rights of 1964 and regulations
passed by the United States Equal Employment Opportunity Commission. Aside from
being illegal, sexual harassment undermines the integrity of individual work
relationships and damages the morale of the entire workforce.
(2) Policy. It is the policy of this
government that all employees are entitled to work in an environment free from
all forms of illegal discrimination including that which is based upon a
person’s sex. Accordingly, any practice or activity which constitutes sexual
harassment is strictly forbidden within the town work places and shall, if
substantiated in accordance with this policy, result in disciplinary action.
(3) Prohibited conduct.
a. Definition. Sexual harassment is defined
as any unwelcome sexual advances, requests for sexual favors and other verbal
or physical conduct of a sexual nature when:
1. Submission to such conduct is made either
explicitly or implicitly a term or condition of an individual’s employment; or
2. Submission to or rejection of such conduct by a
person is used as a basis for employment decisions affecting the individual; or
3. Such conduct has the purpose or effect of
interfering with an
individual’s work performance;
4. Such conduct creates an intimidating, hostile or
offensive
working environment.
b. Sanctions. Sexual harassment is a serious
violation of the work rules of this government and, if proven, shall be grounds
for the imposition of discipline. Potential sanctions for the offense shall
range from a minimum of a five day suspension without pay to termination,
depending on the following:
1. The individual facts of any given case; and
2. The employment record of the person committing
such harassment.
(4) Employee rights. Any employee who
believes that another employee is engaging in sexual harassment may file a
complaint within a reasonable period of time after the event (normally not more
than 180 days).
(5) Retaliation prohibited. No person filing
a complaint under this policy or who legitimately assists another in the
prosecution of any such complaint shall be subjected to retribution or
retaliation of any kind for doing so.
(6) Filing complaint.
a. Filing of complaints. All complaints
of sexual harassment shall be filed
with either an immediate supervi sor
the mayor or, in the case of the
police department the chief of police,
or the board of aldermen.
b. Investigation.
1. Complaints filed under this policy shall be
promptly and thoroughly investigated by the mayor or, in the case of the police
department, the chief of police, or an individual designated by the mayor or,
in the case of the police department, the chief of police, in the event that
the mayor or the chief of
or
police are unable to perform
this function due to circum stance surrounding this com plaint. 2. Upon
completion of the investigation the mayor, or in the case of the police
department,
the chief of police, shall pre par a comprehensive report addressing all
allegations in the
complaint and objectively documenting all relevant factual
findings of the investigation. The investigatory
report shall
contain neither conclusions concerning the complaint nor recommendation as to
disposition. 3. The investigation report shall be presented to the board of
aldermen upon completion and
within 15 days after receipt of the complaint. This time requirement may be
extended by
the board of aldermen, in writing upon request of the investigator and good
cause shown
for such an extension.
(7) Adjudication.
a. All complaints of sexual harassment shall be adjudicated by the mayor
or, in the case of the police department the chief of police, or the mayor pro
tem in the event the mayor or the chief of police is unable to discharge this
duty.
b. Upon receipt of the completed investigative report, the mayor or, in
the case of the police department, the chief of police,
shall conduct an administrative hearing at which the report shall be presented
and considered. The mayor or, in the case of the police department, the chief
of police, shall require all witnesses to provide testimony under oath and
shall prepare a verbatim transcription / recordingof
the proceedings which shall serve as the official record of the hearing.
c. The accused employee shall be notified, in writing, at least ten days
before the hearing of the complaint and the underlying allegations. The accused
employee may request one postponement of the hearing upon receipt of the notice
in order to obtain legal counsel, however, the delay occasioned by such a
request shall not exceed 30 days from the date of receipt of the notice by the
accused employee.
d. The accused employee shall be entitled to attend the hearing and
testify in his or her own behalf, and shall be entitled to confront and
cross-examine the employee who filed the complaint. In the event that the
complainant elects not to attend the administrative hearing and upon objection
from the accused to the complainant’s absence, the complaint shall be dismissed
and the accused deemed innocent of the allegations.
e. The accused employee shall be entitled to call witnesses in his or
her own behalf and to introduce evidence which bears upon the issues presented
by the complaint and investigative report.
At the conclusion of the hearing, or within five days thereafter, the mayor or,
in the case of the police department, the chief of police,
shall make finding concerning the innocence or guilt of the accused of the
offense of sexual harassment.
g. A finding of guilt must be supported by substantial, credible
evidence that:
1. A finding of guilt must be supported by substantial, credible
evidence that;
2. Those facts constitute sexual harassment within the meaning of this
policy; and
3. The accused is the person who committed the acts
amounting to sexual harassment.
(8) Responsibility.
a. Supervisors. Each
supervisor has a responsibility to maintain the work place free of sexual
harassment. This duty includes discussing this policy with all employees and
assuring them that they are not to endure insulting, degrading or exploitative
sexual treatment.
b. Mayor or, in the case of the police depar