[HISTORY: Adopted by the Mayor and Town Council of the Town
of Brentwood 12-3-1984 by Ord. No. 84-B-3, (Ch. 20 of the 1986
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 86.
This chapter is adopted for the purpose of establishing a merit
system for the Town of Brentwood which sets forth the proposed personnel
policy and procedures governing all employees in the Town of Brentwood.
These rules shall be applicable to all persons employed full-
and part-time in the service of the Town of Brentwood.
The policy of the Town of Brentwood is to guarantee equal opportunity
to all qualified applicants and to all employees, with respect to
initial appointment, advancement and general working conditions, without
regard to age, race, creed, color, sex, national origin, religious
or political affiliation or handicaps.
A.
The Town Administrator shall, whenever practical, post an announcement
of any vacancy for all municipal positions in the Town Office and
in such other places as are deemed necessary. He may also notify the
State Office of Employment Services of the vacancy and advertise in
a newspaper of general circulation within the Town.
B.
Announcements shall specify the position, title, salary range of
the position, nature of the work to be performed, desired qualifications
of applicants, closing date for receiving applications and other information
as required.
C.
Applications shall be on forms provided by the Town of Brentwood,
but resumes will be acceptable.
A.
Merit examinations. All appointments to positions in the service
of the Town of Brentwood shall be made according to merit and fitness,
to be ascertained as near as possible by open competitive examinations,
which may be written, oral, physical, performance or any combination
of these. Education, experience, aptitude, knowledge, character and
physical fitness shall be considered, with weight assigned to each
factor as may be deemed proper by the Town Administrator or representative(s)
he may authorize.
B.
Certification and notice. All applicants shall be notified of the
results of written examinations generally by mail as soon as possible
following the close of the examination. Whenever possible, appointments
shall be made from the top three applicants.
A.
Types of appointments. The following types of appointments may be
made to the Town service in conformance with the rules established:
permanent, intern, part-time, limited-term and seasonal.
(1)
Permanent employees. A permanent employee works full-time. The permanent
employee is subject to all rules and regulations and receives all
benefits and rights as provided by the personnel rules and regulations.
(2)
Intern appointments. Intern appointments afford students of public
administration or other professional areas an opportunity to gain
actual work experience. These appointments are for a period of time
not to exceed 12 months.
(3)
Part-time employees. Part-time employees are employees who work less
than the normal workweek but on a regular basis. Part-time employees
shall be subject to all rules and regulations and receive annual leave
benefits on a pro-rata basis. Said part-time employees shall not be
entitled to any sick leave benefits and are not eligible for participation
in any health insurance programs offered by the Town.
(4)
Limited-term appointments. Limited-term appointments are made when
a special project requires the addition of employees for a special
time or to fill a position of an employee on a leave of absence. Such
employees shall be subject to all rules and regulations and receive
all benefits and rights as provided by the personnel rules and regulations
during their term of employment.
(5)
Seasonal employees are employees who are hired for a specific project
of short duration and who are not eligible for benefits under these
personnel rules and regulations.
B.
Probationary period.
[Amended 10-15-1990; 5-16-1994]
(1)
For securing the most effective adjustment of the new employee and
determining that an employee's work meets the required standards of
the department, all appointments shall be made for a probationary
period of at least 180 days. After 60 days, 120 days and 180 days,
the department head shall submit an evaluation report to the Town
Administrator, carefully reviewing the work of the new employee.
(2)
During the probationary period, the Town Administrator, upon written recommendation by the department head, may suspend an employee who is unwilling to perform the duties of the position satisfactorily. The Town Administrator, with the Mayor's approval, may dismiss a probationary employee who is unable or unwilling to perform the duties of the position satisfactorily or whose habits and dependability do not merit continuance in the service. The probationary employee so dismissed shall have no right to appeal as is provided in § 189-12 hereunder.
(3)
At the next regularly scheduled meeting of the Mayor and Council
following the submission to the Town Administrator of the one-hundred-eighty-day
evaluation, the Mayor and Council shall consider the employment status
of the probationary employee. The Mayor and Council shall review the
evaluations and may hear from the Town Administrator and/or the employee.
The Mayor and Council may:
A.
Vacancies in positions above the lowest rank in any category shall
be filled by merit. Promotions in every case must involve a definite
increase in duties and responsibilities and shall not be made merely
for the purpose of effecting an increase in compensation.
B.
Promotional trial period. To secure the most effective adjustment
of the employee and to determine that an employee's work meets the
standards required of the new position, all promotions shall be made
for a trial period of six months.
C.
If, at the completion of the trial period, the promotee does not
demonstrate the competence required to carry out the responsibilities
of the position, the Town Administrator may reduce the promotee to
the promotee's former position and pay.
An employee who resigns with a good record may be rehired if
a vacancy exists, to the same position from which resigned, within
one year of the date of resignation. Request for approval of the action
must be submitted to the Mayor and Town Council giving name, title,
salary, date of separation, date of proposed reinstatement and cause
of vacancy which the reinstatement will fill. Reinstatement to a higher
salary is not permitted.
An employee may be demoted to a lower position for any of the
following reasons:
A.
When an employee would otherwise be laid off because a position is
being abolished, lack of work or lack of funds.
B.
When an employee does not possess the necessary qualifications to
render satisfactory service in the position held or when removed during
probation.
C.
When an employee voluntarily requests such demotion. All demotions must receive the approval of the Town Administrator, and if the employee is demoted unwillingly, an appeal may be filed under § 189-12 of this chapter. The employee shall also receive notice of the appeal procedure provided under these personnel rules and regulations.
A.
An employee may be dismissed whenever, in the judgment of the Town
Administrator, the employee's work or conduct so warrants. Reasons
for dismissal may include but shall not be limited to:
(1)
Under the influence of intoxicating beverages or drugs.
(2)
Dishonesty.
(3)
Drunkenness.
(4)
Recklessness on the job.
(5)
Theft.
(6)
Inefficiency.
(7)
Habitual tardiness.
(8)
Misconduct.
(10)
Conviction for felony.
(11)
Failure to obey a reasonable order, either verbal or written.
(12)
The use of abusive language toward a superior, elected official
or the general public.
(13)
Fraudulently obtaining any form of leave.
(14)
Failure to settle just debts.
(16)
The use of Town vehicles for private use.
A.
Whenever an employee's performance, attitude, work habits or personal
conduct at any time falls below a desirable level, the Town Administrator
shall inform the employee promptly and specifically of such lapses
and give counsel and assistance. If appropriate and justified, a reasonable
period of time for improvement may be allowed before initiating disciplinary
action.
B.
Reprimand. In situations where an oral warning has not resulted in
expected improvement, a written reprimand shall be sent to the employee,
and a copy shall be placed in the employee's personnel folder.
A.
Appeals from position, pay, dismissal, demotion and suspension shall
be made by an employee by applying in writing within three working
days from the date of such action to the Town Administrator. The Town
Administrator shall hold a private hearing within three working days
after such request for an appeal has been made by an employee. The
hearing will be closed, with the employee and the department head
present. The employee may be represented by counsel at his own expense.
If the employee is represented by counsel, then the Town may have
counsel present. The Town Administrator shall render a decision in
writing within three working days after the hearing.
B.
If the employee wishes to appeal the decision of the Town Administrator,
it shall be so transmitted in writing, within three working days of
the decision, to the Mayor and Town Council. The Town Council shall
consider the appeal within five working days and submit its decision,
which action shall be final.
A.
Attendance. No employee of the Town of Brentwood shall be absent
from duty without permission. Any absence of an employee from duty,
including the absence for a single day or part of a day, which is
not authorized under the provisions of these rules, shall be reported
to the Town Administrator for action. Any such absence may be cause
for disciplinary action. Any employee who absents himself without
authorization shall forfeit all compensation for the period of such
absence.
B.
Political activity. Any employee may take part in political movement
or actively support candidates for office as an individual citizen,
except in the Town of Brentwood elections. In Town elections, he shall
not take part in any political movement nor actively support any candidate
in any manner other than by casting his own ballot.
C.
Gifts and gratuities. No officer or employee of the Town shall solicit
or accept for himself or his family favors, benefits, gifts or gratuities
in violation of the Code of Ethics.[1]
D.
Outside employment. Employees shall advise the Mayor and Town Council
through the Town Administrator of outside employment. Such employment
shall not be inconsistent with his/her duties and must be approved
by the Mayor and Town Council.
E.
Training. Both the Town and its employees profit from the provision
of educational training opportunities at reasonable expense to the
Town. Accordingly, the Town Administrator is authorized to reimburse
employees for tuition fees and required textbooks upon satisfactory
completion, with a grade of C or better, of a course directly related
to his/her official duties, provided that prior approval is granted
by the Mayor and Town Council to take the course.
A.
Regular workday. For full-time employees, a workday is any eight-hour
period, excluding mealtimes.
B.
Regular workweek.
(1)
A full-time employee shall be an employee of the Town of Brentwood
who works a minimum of 40 hours per week.
(2)
A part-time employee shall be an employee who is scheduled for less
than the regular workweek and being utilized by the department on
an as-needed basis and paid at a stipulated hourly rate.
(3)
Paid holidays shall be counted as part of the regular workweek in
computing an employee's compensation.
A.
Town Administrator. The basic workweek for the Town Administrator
shall be those hours necessary to carry out his/her respective responsibilities.
B.
Office staff. Working hours for the office staff shall be from 9:00
a.m. to 5:00 p.m.
C.
Maintenance employees. Working hours for all Town maintenance employees
shall be from 7:30 a.m. to 4:00 p.m.
D.
All other employees. Working hours for all other employees shall
be those hours set by the Town Administrator for an eight-hour day,
40 hours per week.
E.
Time allowed for meals shall not be considered part of the normal
workweek. The supervisor, at his discretion, may authorize one fifteen-minute
break in the morning and one fifteen-minute break in the afternoon
during the normal working day.
A.
Full-time maintenance employees shall be authorized cash payment
for overtime work.
B.
Contract workers and office personnel shall not be eligible for actual
compensation for work performed beyond their normal responsibilities
but may be granted compensatory leave. The rules regarding compensatory
leave are as follows:
[Amended 11-21-2005 by Ord. No. 2005-3]
(1)
Compensatory leave shall be earned in straight time and shall be
earned in one-hour increments. Therefore, if a worker works an hour
beyond his or her regular responsibilities, he or she shall be granted
an hour of compensatory leave.
[Amended 4-21-1986; 11-5-1990]
A.
Holiday leave is paid leave for full-time employees on the following
days designated as official holidays:
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New Year's Day
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Dr. Martin Luther King Jr.'s Birthday
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Washington's Birthday
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Memorial Day
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Independence Day
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Labor Day
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Columbus Day
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Veterans Day
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Thanksgiving Day
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Christmas Day
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B.
All legal holidays observed by the Town of Brentwood will be observed
on the same dates as observed by the Federal Government.
[Amended 3-18-1991]
A.
The telephone is paid for by the Town of Brentwood and is to be used
for business purposes only. Personal calls should be made during lunch
or during the fifteen-minute break periods. Personal calls should
be kept to a minimum. Employees who make toll calls for personal reasons
will be required to reimburse the Town for such calls.
B.
A phone log shall be kept by each department and turned in to the
Clerk at the end of each month.
A.
All Town-owned equipment shall be used properly and with good judgment
and care.
B.
Town-owned vehicles shall be maintained in a clean and orderly condition.
C.
All Town-owned vehicles shall be assigned a driver, and it shall
be the responsibility of that driver to perform maintenance on that
vehicle on a daily basis.
D.
All Town-owned vehicles shall be washed once a week.
E.
A gas log on each vehicle shall be kept by the superintendent.
F.
Any defective part or condition observed should be corrected as soon
as possible, if minor, or reported to the supervisor.
G.
The Town of Brentwood will not be responsible for fines incurred
by an employee while driving a Town vehicle.
H.
Negligent and repeated misuse of tools and equipment is cause for
disciplinary action.
All personal injury accidents, regardless of the extent or circumstances,
incurred while on the job must be reported to the supervisor within
24 hours. In the event of personal injury, it is the duty of the supervisor
or other person in charge to cause the injured person to be examined
by a doctor if the injury so warrants it.
A.
All maintenance employees shall wear safety vests while performing
work on Town roads, picking up trash, etc.
B.
Employees are asked to exercise good judgment and caution in their
work. No job is so important that time cannot be taken to perform
it safely.
C.
An employee shall think about the job he/she is doing. Employees
shall be aware of hazards.
D.
Employees shall be provided with proper safety equipment and shall
understand the equipment before using it.
E.
Employees shall observe safety rules where they exist. If none exist,
employees shall use common sense.
F.
It is the responsibility of each employee to perform his/her job
safely.
A.
Annual leave. Employees and contract workers shall be granted one
day annual leave, with pay, per month, starting from the first full
day of employment. The rules regarding annual leave are as follows:
[Amended 11-21-2005 by Ord. No. 2005-4]
(1)
No employee shall be eligible to take annual leave until he has completed
his ninety-day probationary period, although said leave shall be accumulated
during the probationary period.
(2)
Any employee wishing to take annual leave must request it from his
supervisor at least one day in advance and preferably one week in
advance. Emergency annual leave may be requested by telephone and
approved by the supervisor.
(3)
Each employee shall be allowed to carry five days' annual leave over
into the following year.
(4)
Leave shall be accredited to the employee on the last day of each
month, and no leave will be granted until earned.
(5)
Upon leaving Town service, each employee shall be able to be paid
for unused annual leave.
(6)
Leave shall be used in not less than four-hour increments.
(7)
A supervisor must show cause for refusal of any leave request.
(8)
Full-time employees or full-time contract workers who work less than
full time shall accrue annual leave on a pro-rated basis commensurate
with the time actually worked.
[Amended 11-21-2005 by Ord. No. 2005-4]
B.
Maternity leave. Maternity leave is not considered sick leave because
it is a physical condition under the control of an employee. During
her period of pregnancy, an employee may use sick leave, if accrued,
for brief periods of illness, up to a maximum of 15 days for the period
of pregnancy. When pregnancy has progressed to a stage which interferes
with the employee's ability to work efficiently, she shall be placed
on maternity leave for the balance of her pregnancy and for a period
not to exceed three months from the date pregnancy is terminated.
No payment will be made for maternity leave.
C.
Military leave. Any employee who is a member of any military reserve
or National Guard unit and is required to engage in training exercises
will be granted military leave not to exceed 15 days per year. Military
leave will not be deducted from any other leave earned by the employee.
No payment will be made by the Town for military leave.
D.
Jury leave. Any employee called upon for jury duty will be granted
jury leave. Jury leave will not be deducted from any other leave earned
by the employee.
E.
Sick leave. Full-time employees and full-time contract workers shall
be entitled to 1 1/4 days of sick leave for personal illness
per month.
[Amended 11-21-2005 by Ord. No. 2005-4]
(1)
The accumulation of days of sick leave shall not exceed 200 days.
(2)
The accumulation of sick leave shall be effective January 1, 1968,
and sick leave accumulated as of that date shall be carried forward.
(3)
Sick leave shall be accredited at the end of each month.
(4)
No sick leave shall be taken until earned.
(5)
Sick leave shall begin at the time of employment.
(6)
Sick leave can be used on an hourly basis.
(7)
A doctor's certificate shall be required before returning to work
after an employee has been on sick leave more than three working days.
(8)
A doctor's certificate may be required any time the supervisor feels
sick leave is being abused.
(9)
A request for sick leave must be made to the supervisor prior to
the employee's regular starting time.
(10)
Disciplinary action can be taken against employees abusing the
sick leave policy.
(11)
Upon retirement after 15 years of service with the Town of Brentwood,
an employee shall receive payment for 1/5 of his/her unused sick leave.
A person retiring on disability would be eligible for such payment
after five years of service with the Town of Brentwood. An employee
would be eligible to receive such reimbursement only once during his
period of employment with the Town of Brentwood. This payment would
be based upon the salary of the final year of employment.
(12)
Full-time employees or contact workers who work less than full
time shall accrue sick leave on a pro-rated basis commensurate with
the time actually worked.
[Added 11-21-2005 by Ord. No. 2005-4]
F.
Family
leave. The Family and Medical Leave Act (FMLA) is a federal law applicable
to state employees covered by the State Personnel Management System.
It provides for up to 12 weeks of unpaid leave during any twelve-month
period for the following:[1]
(1)
For
the birth and care of the newborn child of an employee;
(2)
For
placement with an employee of a son or daughter for adoption or foster
care;
(3)
To
care for an immediate family member (spouse, child or parent) with
a serious health condition; or
(4)
To
take medical leave when the employee is unable to work because of
a serious health condition.
G.
Death leave.
(1)
On the death of a child, parent or legal guardian, parent-in-law,
brother, sister, husband or wife, such employee shall be allowed three
consecutive calendar days of absence from work without loss of salary.
One of the three days must be the day of the funeral or interment.
(2)
The employee will be required to submit to his immediate supervisor
a written statement specifying the date of the funeral.
(3)
Any exceptions to the above may be made by applying to the Town Administrator,
whose decision shall be final.
H.
Leave of absence without pay. The Town Administrator may grant requests
for leave of absence without pay for periods not to exceed two months
when such leave is for a valid purpose and when reinstatement of the
employee is in the best interest of the Town. Leave of absence without
pay will start after the employee has exhausted all annual leave.
I.
Official leave. The Town Administrator may grant official leave with
pay to employees attending professional meetings, technical conferences,
short-term courses in matters related to official duties and for other
valid purposes. Official leave will not be deducted from any other
leave earned by the employee.
J.
Workers' compensation leave. Any employee absent from duty due to
an accidental injury having arisen out of and in the course of employment
and which qualifies the employee for workers' compensation benefits
shall be granted workers' compensation leave during the period of
disability, not to exceed 20 duty days. Any employee who receives
benefits under the Workers' Compensation Act shall pay over to the
Town any temporary total disability benefits received from the Town's
insurance carrier attributable to the time period in which the employee
receives or has received workers' compensation leave from the Town.
The Town Administrator may require sufficient documentation of disability
from the employee's physician during this period of time. If the Town
Administrator determines that the employee's injury is not a compensable
one under the workers' compensation laws of Maryland, the employee
may not be granted workers' compensation leave, but may use any sick
leave or annual leave available to him or her. In the event that the
injury is ultimately determined to be compensable, the employee may
elect to utilize workers' compensation leave, and any sick leave or
annual leave taken by the employee during the twenty-day period described
herein shall be credited back to the employee, and the leave time
shall be treated as workers' compensation leave, upon payment to the
Town of the employee's temporary total disability benefits received
for the applicable time period. Annual leave and sick leave will continue
to accrue while the employee is absent due to a compensable workers'
compensation injury.
[Added 7-6-1992]
The Classification Plan provides an inventory of all positions
in the Town service and a description of each position. The Classification
Plan is on file at the Town Clerk's office.
A.
Pay for part-time work. Whenever an employee works for a period of
less than the regularly established number of hours per week, the
amount of pay shall be apportioned to the time actually employed.
B.
Method of payment. An hourly employee shall be paid for the actual
number of hours worked during each pay period. Salaried employees
shall be paid an annual rate divided by the number of pay periods
per year. When absent on authorized sick or annual leave, each employee
shall be paid at the regular rate. An employee who leaves service
shall be paid for all unused annual leave.
[Amended 12-16-1991]
C.
Temporary rates. An employee who is hired on a seasonal or limited-term
basis shall be paid at the minimum rate for that position.
A.
Use of privately owned vehicle. The current standard mileage rate
established by the Internal Revenue Service will be paid for the use
of privately owned vehicles used by full-time employees on official
business for the Town of Brentwood. Authorization for the use of a
privately owned vehicle must be made by the Town Administrator.[1]
B.
Payment shall be made upon the submission of mileage records approved
by the Town Administrator.
A.
The performance of each employee shall be regularly evaluated by
the department head. The performance of each employee may also be
evaluated by the Town Administrator and/or Mayor.
B.
Preparation of report. Prior to the preparation of the report, in
writing, the department head shall discuss with the employee his rating,
going over in detail each item on which a rating is given. Each employee
shall be given a copy of his/her performance evaluation report after
its preparation.
C.
Frequency of reports. Reports shall be submitted at least twice each
year for employees, but special reports may be submitted by the department
head any time there is evidence that performance has changed significantly.
During the probationary period, the department head shall rate the
employee more frequently than the minimum requirement.
D.
Uses of performance evaluation reports. Performance evaluation reports
shall become part of the official employee records (personnel folder)
and will be used in connection with pay increase, promotion, layoff,
demotion or removal.
E.
Confidentiality. Performance ratings shall be confidential. Employee
salary increases shall be judged on merit and not by across-the-board
budget items.
Employees are urged to make any suggestions with regard to working
conditions, pay, fringe benefits and any other matter which relates
to their employment by the Town. These suggestions should be in writing
and addressed to the Town Administrator.
As employees of the Town of Brentwood, all employees represent
the Town government to the public and share the responsibilities for
building good public relations. By performing efficiently and accurately
in his/her daily work, an employee contributes to the Town's success.
By exercising courtesy and alertness in all direct dealings with the
public, an employee influences the Town's prestige and upholds its
goal of continued service to the community.
