Town of Kittery, ME
York County
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Table of Contents
Table of Contents
[Amended in its entirety 1-8-2018 by Ord. No. 02-18]
As used in this chapter, unless the context otherwise indicates, the following terms have the meanings indicated in this section:
DOMESTIC PARTNER
One of two unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare.
REGISTERED DOMESTIC PARTNERS
Domestic partners who are registered in accordance with 22 M.R.S. § 2710, or any successor statute.
It is the declared policy of the Town that:
A. 
Employment in the Town government is based on merit and fitness, free of personal and political considerations;
B. 
Just and equitable incentives and conditions of employment are established and maintained to promote efficiency and economy in the operation of the Town government;
C. 
Positions having similar duties and responsibilities are classified and compensated on a uniform basis;
D. 
Appointments, promotions and other actions requiring the application of merit are based on qualifications and performance. Seniority is considered when all other factors are deemed to be equal;
E. 
High morale is maintained by fair administration of this chapter and by every consideration of the rights and interests of employees consistent with the best interests of the public and the Town; and
F. 
Tenure of employees covered by this chapter is subject to good behavior, the satisfactory performance of work, necessity for the performance of work, and the availability of funds.
A. 
The provisions of the personnel classification and compensation plan apply to all positions in the Town except as follows:
(1) 
All elected officials and members of boards and commissions;
(2) 
Employees under the control of the school committee;
(3) 
Volunteer personnel and personnel appointed to serve without pay/salary, including those personnel who are merely reimbursed for out-of-pocket expenses associated with the performance of their responsibilities. This exception does not apply to department heads and other employees with significant supervisory responsibility whose positions require significant independence in the completion of their work;
(4) 
Consultants and counsel rendering temporary professional services;
(5) 
Positions which involve seasonal or part-time employment. Seasonal employment is defined as employment that does not continue for at least one continuous calendar year (365 days), and part-time employment is defined as employment consisting of less than 30 hours of work per week, regardless of the length of employment;
(6) 
Employees under separate union contracts, except that the provisions of this section apply to those areas not covered by union contract;
(7) 
Management employees with separate employment agreements.
B. 
Nothing herein, however, prohibits reference to this plan for assistance in determining the compensation and benefits of Town employees not covered by the plan.
The personnel program established by this chapter is to be administered by the Town Manager. The Town Manager shall:
A. 
Administer all the provisions of this chapter and of the personnel rules;
B. 
Prepare and recommend to the Town Council revisions and amendments to the personnel rules.
The Town Manager is to draft such rules as may be necessary to carry out the provisions of this chapter. These rules must be submitted for adoption by ordinance of the Town Council. These rules have the force and effect of law; except that it is clearly understood that these rules are subordinate to and may not conflict with the provisions of the Town Charter and state law. Amendments of the rules are made in accordance with the same procedure.
The Town Manager is responsible for the proper and continued maintenance of the classification plan so that it will always reflect the duties being performed by each employee in the Town service and the class to which each position is allocated. Revisions of class specifications and reallocation of positions within the approved classification plan are made as follows:
A. 
The Town Manager, charged with the responsibility for maintaining the plan, shall study the duties and responsibilities of each new position. The Manager may make a recommendation to the Town Council as to the desirability of creating a new position, and, if the position is created, shall place the position in the appropriate class within the classification plan or if there is not an appropriate class, create a new one for the position.
B. 
Department heads are to report changes in the duties and responsibilities of a position to the Town Manager for approval or denial. If the changes accepted are permanent and of such a nature as to require it, the Town Manager is to reallocate the position to the appropriate class.
C. 
A department head, or an employee through the department head, may request the Town Manager to review the duties of any position.
D. 
The Town Manager shall review the classification plan periodically, and, upon the basis of that review, may recommend that classes be combined or abolished or that new classes be established.
E. 
The classification of positions within the Town service are governed by the provisions of the personnel position-classification plan as specified in Chapter 2.4.
A. 
The Town Manager is responsible for the proper and continued maintenance of the pay plan and may review the pay plan or parts of it at any time but must review the overall pay plan at least once a year. The range for each class must be such as to reflect the differences in duties and responsibilities and must be related to compensation for comparable positions in other places of public and private employment.
B. 
Procedures for the setting of rates of compensation within the Town service are governed by the provisions of the pay plan as specified in Chapter 2.5.
A. 
Appointments to the Town service may be provided for by rule as set forth under § 2.3.5.
B. 
Vacancies in positions above the entrance level are filled by promotion whenever, in the judgment of the Town Manager, it is in the best interests of the Town to do so. Promotions must give appropriate consideration to the applicant's qualifications, record of performance, and seniority (see § 2.3.2D).
C. 
In the event an appointment or promotion is on an "acting" basis, it must not be for a period of more than 90 days unless serious extenuating circumstances dictate otherwise, in which case the Town Manager may extend an "acting" promotion or appointment for additional periods up to 90 days.
A. 
Employees subject to the provisions of the personnel position-classification and pay plan, at the time of their original appointment, are subject to a period of probation. The regular period of probation is six months for most employees, but is 12 months for the following job classes: Chief of Police; Commissioner of Public Works; Town Clerk; Superintendent of Sewer Services; Fire Chief; and other employees under separate employment agreement or collective bargaining agreement where said agreements specify a twelve-month probationary period. No probationary period may extend beyond 12 months.
B. 
The work and conduct of probationary employees is subject to close scrutiny and evaluation, and if found to be below standards satisfactory to the appointing authority, the appointing authority may remove or demote the probationer at any time during the probationary period. Such removals or demotions are not subject to review or appeal.
C. 
An employee may be retained beyond the end of the probationary period only if the Town Manager affirms by written evaluation of the employee that the services have been found to be satisfactory. The employee is to be given a copy of the evaluation.
Rules are to be adopted prescribing hours of work and the conditions and lengths of time for which leaves of absence without pay may be granted. These rules cover, among others, vacations, sick leaves, longevity, overtime, paid holidays, bereavement pay and jury duty.
The Town Manager is to encourage the improvement of service by encouraging employees to attend training schools and sessions, which need not be limited to training for specific jobs but may include training for advancement and for general fitness for public service.
A. 
When in the judgment of the Town Manager an employee's work performance justifies disciplinary action short of dismissal, the employee may be suspended without pay.
B. 
A permanent employee may be dismissed or demoted whenever in the judgment of the Town Manager the employee's work or misconduct so warrants. The Town Manager, when taking such action, shall file with the employee written notification containing a statement of the substantial reasons for the action. The employee must be notified no later than the effective date of the action. The notice must inform the employee that he or she is allowed five working days from the effective date of the action to file a written reply with the Town Manager.
C. 
An employee may resign by notification to the Town Manager.
Note: An employee resigning in good standing may be reinstated within two years after the date of resignation.
D. 
Grievance procedure. The term "grievance" includes any dispute concerning the application or interpretation of any of the provisions of this chapter or Charter of the Town.
(1) 
An employee, believing a reason for grievance exists, must first reduce the problem to writing and discuss the matter with the department head within 48 hours of noting the grievance. Within five working days the department head must render a written decision.
(2) 
If the grievant is not satisfied with the decision, the grievant may request in writing a meeting with the Town Manager and present the claim in writing, with a statement that the grievance is or is not a result of discrimination. Alleged discrimination practices are not covered under this grievance procedure, but are processed in accordance with applicable laws of the State of Maine.
(3) 
The Town Manager shall, within two working days after the receipt of the written grievance, meet with the grievant, and the grievant's representative, if there is one, to discuss possible resolution. The Town Manager will render a decision in writing to the aggrieved employee with a copy to the representative within five working days after said meeting. The employee aggrieved by the decision of the Manager is entitled to pursue such remedies as may be available at law.
A. 
The tenure of every employee is conditioned on good behavior and the satisfactory performance of duties. Any employee may be temporarily separated by layoff or suspension; or permanently separated by resignation or dismissal.
B. 
Whenever there is lack of work or lack of funds requiring reductions in the number of employees in a department or division of the Town government, the required reduction must be made in such job class or classes as the Town Manager and the department head may designate, provided, that employees must be laid off in the inverse order of their relative length of service. Within each affected job class, all temporary employees must be laid off before any permanent employees.
A. 
Maintenance. The Town Manager shall maintain adequate records of the Town Manager's own official acts, the employment record of every employee, and where appropriate, the examination record of every candidate for employment.
B. 
Duty of department heads to furnish information. Department heads must furnish such information as may be requested for this purpose.
C. 
Availability. Such records as relate to employee compensation and fringe benefits must be maintained by the Town Manager.
A. 
Politics; political activity. Employees covered by the provisions of the position-classification and pay plan are selected without regard to political considerations, may not be required to contribute to any political purpose, and may not engage in improper political activity. The rules define the scope of improper political activity.
B. 
Discrimination. There is no discrimination against any person seeking employment or employed under the provisions of the position-classification and pay plan because of race, gender, marital status, age, nationality, handicap, sexual orientation, political or religious opinions or affiliation.
C. 
Harassment. It is the policy of the Town that all employees should be able to work in an environment free from all forms of harassment. Harassment, as defined by this policy, is prohibited. This policy refers not only to supervisor-subordinate actions but also to actions between coworkers. Any complaints of harassment will be investigated promptly. There will be no intimidation, discrimination or retaliation against any employee who makes a report of harassment.
(1) 
Sexual harassment.
(a) 
Sexual harassment is the attempt to control, influence or affect the career, salary or job of an individual in exchange for sexual favors. Sexual harassment can also be conduct which creates a hostile or offensive work environment or unreasonably interferes with a person's ability to perform their job. Sexual harassment is an extremely serious matter. It is prohibited in the workplace by any person and in any form.
(b) 
Specific conduct which is prohibited includes, but is not limited to:
[1] 
Threats or insinuations, implicit or explicit, that any employee's refusal to submit to sexual advances will adversely affect the employee's retention, evaluation, wages, promotion, duties or any other condition of employment;
[2] 
Unwelcome sexual flirtations, advances or propositions;
[3] 
Verbal or written abuse of a sexual nature;
[4] 
Graphic verbal comments about an individual's body;
[5] 
Sexually degrading words used to describe an individual; and
[6] 
The display in the workplace of sexually suggestive objects or pictures.
(c) 
Employees who believe that they have been the subject of sexual harassment should report the alleged act to their immediate supervisor or other appropriate management.
(d) 
Any supervisor or employee who is found after appropriate investigation to have engaged in sexual harassment will be subject to discipline, including discharge.
(2) 
Verbal harassment. Derogatory or vulgar comments regarding a person's gender, religion, age, ethnic origins, physical appearance, or the distribution of written or graphic material having such an effect, are prohibited. Any employee who believes he or she has been the subject of such harassment should report the alleged conduct to the personnel director or other appropriate management. Any supervisor or employee who is found, after appropriate investigation, to have engaged in any harassment will be subject to discipline, including discharge.
A. 
Basic workweek.
(1) 
The basic workweek for all employees is no more than 40 hours.
(2) 
Employees covered by the Fair Labor Standards Act required to work in excess of 40 hours per week are compensated at 1 1/2 times the individual's rate of pay.
(3) 
All overtime work must be authorized by the Town Manager.
(4) 
Any employee called back to work is guaranteed at least two hours pay.
B. 
Vacation plan.
(1) 
Vacation leave accrues as follows:
(a) 
Employees who have completed six months of currently continuous service, but less than one year, receive five days of annual vacation leave.
(b) 
Employees who have completed one year of currently continuous service, but less than five years, receive 10 days of annual vacation leave.
(c) 
Employees who have completed five years of currently continuous service, but less than 10 years, receive 15 days of annual vacation leave.
(d) 
Employees who have completed 10 years of currently continuous service but less than 20 years receive 20 days of annual vacation leave.
(e) 
Employees who have completed 20 years or more of currently continuous service receive 25 days of annual vacation leave.
(2) 
Town employees do not receive extra pay in lieu of utilizing vacation leave.
(3) 
The vacation calendar for all Town employees is January 1 to December 31. A maximum of five vacation days may be saved from one year to the next.
(4) 
Time absent from the job will be charged to annual leave, sick leave if sick, or leave without pay.
(5) 
In the event that an employee dies, accrued vacation credits, if any, are paid by the Town, in equivalent wages to the employee's estate.
(6) 
In the event of the dismissal of an employee for cause, or if an employee voluntarily leaves, or retires from employment, the employee is entitled to vacation pay for all unused vacation earned.
C. 
Bereavement leave.
(1) 
Five days with pay, per year, for a death within the immediate family. (Immediate family means spouse, domestic partner, children, parents, step-parents, step children, brother, sister, mother-in-law and father-in-law.)
(2) 
For other relatives, up to three days may be allowed. This is not automatic, but is at the department head or Town Manager's discretion.
(3) 
An employee wishing to utilize bereavement leave must notify the department head or the Town Manager in person, by writing, e-mail or phone call and said request must indicate the number of days requested and the reason for said request.
D. 
Sick Leave. (FMLA)
(1) 
Sick leave is accumulated at the rate of one day per month to a maximum of 150 days; the accumulation may be applied to retirement, as permitted by the Maine State Retirement System. The remaining days will be given as early retirement. At the end of the calendar year (December 31), all sick leave over 150 days will be given back and the Town will pay 50% of the face value, at the employee's normal rate of pay for the days that were given back.
(2) 
Employees who retire or resign from the Town (after a minimum of 10 years of continuous service) and who have accrued vacation and/or sick leave time to their credit at the time of such resignation or retirement will be paid the wages equivalent to the vacation and/or sick leave. Sick leave payment is made only when separation is in good standing.
(3) 
Qualified employees are eligible for paid sick leave from, and to the extent of their unused, accumulated, paid sick leave credits in the following situations:
(a) 
When it is established to the Town's satisfaction that the employee is incapacitated and cannot safely perform the employee's duties due to sickness, pregnancy or injury;
(b) 
When it is established that, due to exposure to a contagious disease, the health of others would be affected by attendance at work. A physician's statement recommending absence from work is required;
(c) 
When it is established that an illness exists in the immediate family of the employee, and then for such periods as the attendance of the employee is necessary. The term "immediate family" is defined as including spouse, domestic partner, children, grandchildren, parents, mother-in-law, father-in-law, domiciled with the employee. In addition, immediate family includes other relatives domiciled with the employee;
(d) 
Employees will be allowed to utilize up to 40 hours of sick time to care for their spouse, parents or children who are not domiciled with the employee.
(4) 
If an employee is absent for more than three consecutive days, the Town may require medical proof for the sick leave, in which case the employee involved may be required to provide a written statement from the employee's physician, or the attending physician of the immediate family member, certifying the necessity for the absence, and the ability of the employee to return to work and perform the required functions of the employee's duties. Should the Town require a medical statement, the Town pays the portion of the cost for the visit which is not covered by medical insurance.
(5) 
An employee is considered to have earned six days sick leave at the completion of a six-month work status.
(6) 
The Town Manager may authorize advance sick leave, not to exceed 12 days.
(7) 
Any further advance of sick leave is granted only with Town Council approval.
(8) 
In the event of death of an employee with more than 10 years of service, the Town is to pay to the designated beneficiary 100% of the employee's accumulated sick leave.
E. 
Legal holidays.
(1) 
Town employees are entitled to 12 legal holidays. The 12 holidays are New Year's Day, Martin Luther King Day, Presidents Day, Patriots Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day and personal day.
(2) 
If an observed holiday occurs during the work week in which an employee is actually on a scheduled vacation, the employee will not be charged with a vacation day for the observed holiday; an extra day may be added for the vacation.
(3) 
Any holiday falling on a Saturday will be observed on the preceding Friday, and any holiday falling on a Sunday is observed on the following Monday.
F. 
Longevity.
(1) 
Longevity pay is computed at the schedule below agreed to by the employees and the Town:
(a) 
2% after four years of service;
(b) 
4% after eight years of service;
(c) 
6% after 12 years of service;
(d) 
8% after 16 years of service;
(e) 
10% after 20 years of service;
(f) 
12% after 24 years of service; and
(g) 
14% after 28 years of service for nonunion employees.
(2) 
After completing the required years of continuous service, an employee's longevity payment is computed annually on the employee's anniversary date, and the computation is based upon the annual base salary. If an employee receives a salary increase in base salary, longevity is computed using the new annual base salary.
G. 
Health insurance.
(1) 
This benefit is optional.
(2) 
The cost of this plan is shared.
(a) 
The Town contributes 80% of the total premium for family, two-person or single-person coverage per month. The employee contributes the remaining 20% each month through weekly payroll deductions.
(b) 
The Town will pay the monthly health and dental insurance premiums for the single-person level of coverage for any unit member from the Town after having worked for the Town for a minimum of 15 years and having met the age and/or years of service requirement contained in the MSRS policy currently in effect for that particular employee (effective July 1, 2003). Should the retiree choose to elevate the health and dental insurance coverage level to a two-person coverage plan or family coverage plan, the retiree will be responsible for any additional premiums owed to the insurance provider. The additional payments are to be made to the Town on a monthly basis.
(c) 
The Town will forward all required payments to the insurance carrier on behalf of the retiree. Upon reaching the age of eligibility for Medicare, the employee's health insurance plan will be converted to the Maine Municipal Employees Health Trust Retiree Plan as structured as of November 14, 2007, also paid for by the Town.
(d) 
In the event that it becomes necessary to change insurance providers, the Town will ensure that there is no lapse of coverage for the retiree, and that the new coverage level will be comparable to the existing level of coverage. Any additional premiums required for spousal conversion to a companion plan are the responsibility of the retiree.
H. 
Dental insurance.
(1) 
The Town provides Northeast Delta Dental Insurance, Plan IV with orthodontic rider, for each employee.
(2) 
Inclusion of an employee's family members in this plan is optional based upon the decision of the employee.
(3) 
The Town pays 80% of the monthly premium for this coverage and the employee pays 20% of the monthly premium.
I. 
Worker's compensation. The Town provides worker's compensation coverage as required by state statute. The Town agrees to pay its share, plus the employee's share, of Maine State Retirement for as long as the disability lasts. Absences due to such injuries are not charged to accumulated sick leave. (FMLA)
J. 
Disability/life/accidental death and dismemberment insurance. Disability, life and accidental death and dismemberment insurance is provided by the Town for full-time employees. The Town assumes the cost for all full-time employees. Primarily, the plan will provide for 52 weeks of benefits commencing on the 31st day following an accident or sickness. The Maine Municipal Life insurance benefit equals the employee's annual salary rounded to the next highest $1,000.
K. 
Section 125. The Town agrees to provide the employees with the opportunity to participate in a Section 125 account for the employee-paid portion of the insurance programs.
L. 
Physicals. A physician's examination certificate may be required for new employees with the cost of examination to be paid by the Town.
M. 
Jury pay. When an employee is called to jury duty, the employee receives regular pay, but must turn over jury duty fee to the Town, excluding travel pay.
N. 
Retirement.
(1) 
Employees are entitled to participate in the Maine State Retirement System in accordance with the requirements of the Maine State Retirement System.
(2) 
Participation in the Maine State Retirement System is voluntary on the part of each eligible employee.
(3) 
Employees currently participating in MSRS may on a voluntary basis participate in the ICMA-RC in accordance with the Administrative Sections 2.6.160(O)(1) and (2).
O. 
Deferred compensation plan.
(1) 
The Town is to provide for participation by employees in the International City Management Association's deferred compensation plan, and provide the vehicle by which employees can have deductions made from their wages on a regular basis and submitted for investment.
(2) 
Employee's participation in this plan is voluntary. There is no employer match for voluntary participation in the ICMA plan.
(3) 
Effective July 1, 2001, the Town agrees to expand the coverage of the ICMA-RC 457 plan currently in effect. This plan will be available for current employees who are not enrolled in the Maine State Retirement System and any newly hired employee who wishes to enroll in the ICMA plan instead of the MSRS plan. The Town will match the employee's contribution into the 457 plan, up to a maximum Town contribution of 6%. The Town will make a contribution to either MSRS or the ICMA plan, but not both.
P. 
Social security. The Town agrees to pay its required social security premiums in accordance with provisions of the agreement between state agency and political subdivision of the State of Maine for the purpose of extending social security benefits to the employee of such political subdivision and its subsequent amendments which agreement was entered into between the Maine State Retirement System and the Town in 1952.
Q. 
Mileage. The Town agrees to reimburse, with supervisory approval, employees furnishing their own vehicles for transportation directly related to their work at the current mileage reimbursement rate established by the IRS. To be eligible for such payments, employees must use their personal vehicle while on the job.
R. 
Direct deposit. The Town continues the current practice in effect July 1, 1997 regarding direct deposit to credit unions and other approved financial institutions.
S. 
Use of facilities. The Town is to provide employees with one free annual pass to Fort Foster.