[Adopted by the Town Board of the Town of
Malta 6-6-2016 by L.L. No. 6-2016. Amendments noted where applicable.]
Personnel policies for employees of the Town of Malta are included
in an Employee Manual, as it is from time to time amended and readopted,
which is on file in the Town offices. This chapter supplements, and
does not supersede, the policies, rules and procedures provided in
the Employee Manual. However, in the event of a conflict between this
chapter and the Employee Manual, this chapter shall control.
As used in this chapter, the term "Town employee" shall include
all elected officials, hourly or salaried employees, supervisors,
department heads, and members of committees established by the Town,
whether full or part-time, temporary or seasonal, and regardless of
compensation.
A.
Town employees are prohibited from engaging in the following conduct:
(1)
Creating a hostile work environment whether or not such conduct constitutes
discrimination based on a protected status;
(2)
Making offensive or derogatory comments, unrelated to the legitimate
furtherance of Town business, to another Town employee or person;
(3)
Unduly interfering with the work of another Town employee;
(4)
Verbally abusing others;
(5)
Using intimidation tactics;
(6)
Physically interfering with another's normal work or movement;
(7)
Knowingly making use of misleading or untrue information; or
(8)
Retaliating against a person who makes a complaint about a real or
perceived violation of this chapter.
B.
The prohibited conduct described in this chapter constitutes an offense
against the Town of Malta alone. The prohibitions contained in this
chapter do not create or affect any legal rights in any Town employee
or other person. This chapter does not create any claim or cause of
action in favor of any person against any other Town employee or other
person, or against the Town of Malta.
The requirements of this chapter apply on Town property, at
Town-sponsored activities and programs, on Town-related trips, and
any other location where Town business is being conducted.
Any Town employee may register a complaint of a violation of
this chapter by submitting the complaint in writing to the attention
of the complaining party's department head with a copy to the
Town Supervisor, Town Comptroller and Town Attorney. If the complainant
is unable to discuss this matter with the department head, the written
complaint should be submitted directly to the Town Supervisor, Town
Attorney and Town Comptroller, unless the complaint involves one of
those individuals and in that case it should be submitted to the other
noninvolved individuals. All complaints will be reduced to writing
on a complaint form provided by the Town for that purpose and must
be signed by the employee.
Any Town employee who is found to have violated this chapter will be subject to disciplinary action, up to and including termination of employment, as provided by Town operating procedures, including Civil Service Law Section 75, or the disciplinary procedures contained in a collective bargaining agreement. Any elected official who violates this policy will be subject to remedial action as provided for and/or allowed under NYS Public Officers Law, as well as any other applicable statutes. Any vendor, supplier, visitor, customer, or other nonemployee not directly subject to this chapter who violates the provisions of § 29-3 will be subject to remedial action, to the extent that the Town is empowered to take such action.
The Town will use its best efforts to appoint and retain in place a Workplace Ombudsman, and to make known the identity of the person designated for this position. Before filing a written complaint of a violation of this chapter, an aggrieved party may, but is not required to, contact the Workplace Ombudsman to discuss the allegations on an informal basis and attempt to resolve the matter through any legitimate means acceptable to the complainant and the Workplace Ombudsman. Notwithstanding the initiation of this informal procedure, the aggrieved party at any time may elect to go forward with a written complaint under § 29-5 of this chapter, at which time the informal procedure before the Workplace Ombudsman will be concluded.
