[Ord. of 10-20-1998, § 1]
The personnel code set forth in this article is designed to establish a clear and orderly system for handling personnel matters within the framework of article VI, section 3 of the Charter, to the end that efficient and effective public service can be maintained. Through the fair and equitable administration of this article, the City intends that a high degree of employee morale shall be effected and maintained and that just consideration shall be given the rights and interests of City employees consistent with law and with the best interests of the City.
[Ord. of 10-20-1998, § 2]
(a)
State and federal law. State or federal statutes, rules and/or regulations,
now existing or subsequently enacted, that are mandatory upon the
City are hereby incorporated into this article. To the extent they
conflict with the provisions of this article, such statutes, rules
and/or regulations shall govern.
(b)
Union agreements. For a City employee covered by union agreement,
the terms of the agreement will control in matters that, in the absence
of such agreement, would be governed by this article. This article,
however, shall govern in all personnel matters not expressly governed
by the union agreement.
(c)
Affirmative action program. The City is committed to the concepts
of equal employment opportunity and nondiscrimination in the hiring
and retention of its employees. To this end, the City, as required
by law, has adopted an affirmative action plan, which is incorporated
as part of this article.
(d)
Sexual harassment and substance abuse policies.
(1)
The City is committed to establishing and maintaining drug-free
and alcohol-free workplaces for its employees and to prohibiting sexual
harassment in the work- place.
(2)
In addition to the provisions contained within this article, the City has adopted a substance abuse policy that covers all employees who are required by the City to hold a commercial driver's license for their positions. For those employees, the substance abuse policy shall govern actions within the scope of that policy; provided, however, that any disciplinary proceedings involving substance abuse, however initiated, shall be subject to the procedures set out in section 42-48.
(3)
The City has also adopted a sexual harassment policy that spells
out in detail the behaviors and activities that are prohibited and
that provides a complaint procedure to be used if an employee believes
himself to be the victim of harassment. The sexual harassment policy
is also incorporated as part of this article.
[Ord. of 10-20-1998, § 17]
The personnel advisory board shall consist of the City council
and the Mayor, who shall serve as chair. In the absence of the Mayor,
a chair pro tem shall be appointed by the board from among its members.
The chair shall vote only in the event of a tie vote among the members
present and voting. A chair pro tem shall not lose his voting privileges.
[Ord. of 10-20-1998, § 3]
The City manager, or his designee, shall be responsible for
the administration of this article, and shall make periodic reports
concerning the administration of this article to the City council.
[Ord. of 10-20-1998, § 4]
Employment categories are defined as follows:
(1)
Full-time employees. A full-time employee is one who works, on an
average, 35 or more hours per week on a continuing indefinite basis.
A full-time employee is subject to all personnel rules and regulations,
and receives all benefits and rights as provided by this article.
(2)
Regular part-time employees. A regular part-time employee is one who works less than the number of hours necessary to be considered a full-time employee, but works on a continuing indefinite basis. A regular part-time employee is subject to all personnel rules and regulations, including the provisions of this article, as applicable, but is not entitled to benefits other than those expressly provided for pursuant to a compensation schedule adopted by the City council. No vested rights are created in an employee in a position classified as regular part-time if the City council reclassifies the position as either full-time or temporary. Regular part-time employees shall have those rights set forth in section 42-48 with regard to disciplinary action and appeal procedures. Additional benefits may be granted by the City council.
(3)
Temporary employees. Temporary employees work on a nonpermanent basis,
usually within a limited timeframe. They are not entitled to benefits
such as retirement, health insurance, holiday pay, accrual of sick
leave and vacation time, or seniority, and may be terminated for any
reason at any time.
[Ord. of 10-20-1998, § 5; Ord.
No. 73-1999, 6-15-1999; Ord. No. 4-2006, 8-15-2006]
(a)
Employees are prohibited from engaging in any conduct which could
reflect unfavorably upon the City or disrupt the efficient operation
of the administration of the City. City employees must avoid any action
which might result in or create the impression of using public employment
for private gain, giving preferential treatment to any person, or
losing complete impartiality in conducting City business.
(b)
Cooperation of all employees is essential to efficiency. The City's
taxpayers are entitled to the best service employees can give them.
Cooperation, courtesy and responsibility are the key elements of good
service.
(c)
The following policies and regulations are provided to assist the
employees and City administration in functioning at peak efficiency
with minimal cost to the taxpayers:
(1)
Receipt of gifts. A City employee is prohibited from soliciting
or accepting any gift, gratuity, favor, entertainment, loan, or other
item of monetary value from any person, within or outside City employment,
whose interests may be affected by the employee's performance or nonperformance
of his official duties. Acceptance of nominal gifts, such as food
and refreshments in the ordinary course of business meetings, or unsolicited
advertising or promotional materials such as pens, note pads, calendars,
etc., is permitted.
(2)
Business activities and solicitations. No employee shall engage
in any business other than his regular duties during work hours.
(3)
Political activities.
a.
City employees shall not participate in any political activity
which would be in conflict or incompatible with the performance of
the employee's official functions and duties for the City.
b.
No City employee may use his official authority or position
for the purposes of influencing or interfering with or affecting the
results of any election, nor shall such person solicit funds or contributions
or accept or receive funds or contributions from City employees for
political purposes. No City employee may distribute pamphlets or handbills
while he is performing official functions and duties with the City.
Nothing in this subsection shall be construed to prohibit any such
person from participating in the political process as a private citizen.
(4)
Confidentiality. Many City employees have access to confidential
information pertaining to persons or property in the City. Employees
must not use this privileged information to their private advantage
or to provide friends or acquaintances with private advantages. Each
employee is charged with the responsibility of releasing only information
which is required under the "right to know" law, 1 M.R.S.A. §§ 401-410.
(5)
Nepotism. No City employee shall hire or be in a supervisory
position over any other full time employee who is an immediate relation
or who is living in the same household. Immediate relative means:
mother, father, sister, brother, spouse, son, daughter and in-laws
of same. This provision shall not apply to any pre-existing conditions
prior to the adoption of [the ordinance from which this subsection
is derived]. Since this anti-nepotism subsection is intended to address
full-time employees, this provision, for example, shall not apply
to non-full time members of the Fire Department, nor to part-time
reserve officers in the police department.
[Ord. of 10-20-1998, § 6]
(a)
Vacancies. Vacancies may be created by resignation, by termination
of employment, or by action of the City Council creating new positions
or increasing department personnel. When a vacancy occurs in any department
due to resignation or termination, the department head shall notify
the City manager of the vacancy by written memo, explaining briefly
the nature of the vacancy.
(b)
Advertising of vacant positions. All vacancies in full-time positions
shall be posted on a bulletin board in City hall for at least two
weeks prior to the closing date for applications. Such postings shall
include the name and location of the position, the deadline for applying,
and where to go to review a full job description, if applicable, and
where to submit an application. Vacancies may also be advertised in
newspapers of general circulation in the City area, and in other publications
and media, at the discretion of the City manager and/or City Council.
(c)
Examinations. When an opening for employment occurs in any department,
the City manager may determine before posting or advertising the position
that a written or oral examination of applicants' knowledge and/or
skills shall be given to fill the vacancy, and all applicants shall
be given proper notice of the examination.
(d)
Application for employment. Persons seeking employment with the City
shall file an application with the City on forms provided by the City.
When a vacancy occurs, any existing City employee qualified for the
position may apply for it.
(e)
Preference to residents. State law prohibits a residency requirement
for City employees. However, preference for employment with the City
shall, whenever practical and when all other qualifications are equal,
be given to legal residents of the City.
(f)
Special requirements for employment.
(1)
General age limitation. Full-time employees, except law enforcement
officers, in all departments must be at least 18 years of age.
(2)
Age limitation for law enforcement officers. Pursuant to state
law, full-time law enforcement officers must be 21 years of age or
older, unless the applicant has an associate's degree or 60 credit
hours of post-secondary education, in which case the applicant must
be at least 20 years of age.
(3)
Physical examinations.
a.
Preemployment examination. Any person offered a position for
employment with the City may be required to submit a statement of
physical examination from his personal physician to the City manager.
b.
Firefighters and police officers. All full-time firefighters
and police officers, prior to employment and there-after annually,
shall be required to undergo physical examinations by a physician
retained by the City to determine physical fitness for these job duties.
c.
All employees. Any employee may be required by the City manager
to take a physical examination, provided that the examination is job
related and consistent with business necessity. The cost of such examination
shall be borne by the City.
(g)
Probationary periods. Except as otherwise required by contract or
state statutes, any person employed by the City shall be employed
on a probationary status for a period of six months, at the rate of
pay established for the position. Probationary employees may be removed
at any time during the probationary period without cause and without
right to file a grievance. After the six-month probationary period,
regular status shall be granted provided the probationary employee's
performance has been satisfactory.
(h)
Discrimination in employment prohibited. Discrimination in the employment
practices of the City by a City official is expressly forbidden, and
no person in the employ of or applicant for employment with the City
shall be appointed, promoted, demoted, dismissed, or in any way favored
or discriminated against because of age, religion, race, color, sex,
disability, or political affiliation.
[Ord. of 10-20-1998, § 7; Ord.
No. 55-1997, 2-16-1997]
(a)
Generally. Recognizing that employee morale and occupational competence
is enhanced by professional and occupational training and education,
the City encourages professional development for its employees. Upon
approval of the City manager and/or department head, employees of
the City may participate in any in-service program developed, sponsored,
or promoted by the City to further proficiency in their respective
jobs or positions. In addition, upon approval of the City manager,
employees may participate in other outside training and personal development
programs that, in the judgment of the employee, department head, or
manager, will enhance the employee's performance, knowledge, or general
competence.
(b)
Records of in-service training. A record of each in-service training
program attended and satisfactorily completed by any employee shall
be kept as part of the employee's personnel record. Such accomplishments
by employees shall be given consideration in departmental promotion.
(c)
Evaluation of appointed employees. The City manager will conduct
an evaluation of employees appointed by the council and will advise
the council of the results of the evaluation and make it clear that
the decision with regard to such evaluations resides with the council.
(d)
Educational assistance.
(1)
The City manager shall encourage the improvement of service
by providing employees with opportunities for training, which need
not be limited to training for specific jobs, but may include training
for advancement and for general fitness for public service.
(2)
If training is required by the City, the employee will be compensated
for time and all reasonable costs associated with the training.
(3)
If an employee requests training, the department director and/or
the City manager will evaluate the training to determine whether it
is appropriate for City approval and reimbursement. Employees seeking
such training shall complete a City employee educational assistance
form, which, among other items, describes how such training will meet
the goals of this subsection.
(4)
For approved training, the City will reimburse the employee
100% of the tuition, upon successful completion of the course or program.
Successful completion shall mean a "C" or equivalent, or better.
[Ord. of 10-20-1998, § 8]
(a)
Right to organize granted. The employees of the City, except department
heads, are hereby granted the right to form and join organizations
established for the purpose of aiding in the financial and working
conditions of its members.
(b)
Prohibitions. Such organizations shall neither advocate nor foster
stoppages of work, walkouts, or strikes against the City.
(c)
Joining not mandatory or prohibited.
(1)
No employee of the City shall be required to join any organization
as a requirement for continued employment.
(2)
No employee shall be disciplined, discharged or discriminated
against because of his failure to or desire not to join such organization.
(3)
No City official or employee or official or employee of an organization
shall through coercion or threats influence or attempt to influence
an employee's decision to join or not to join any employee organization.
(4)
No employee shall be disciplined, discharged, or discriminated
against because of membership or activity in such organization.
(d)
Noninterference. Nonmember City employees shall neither participate
in, nor interfere with, the administrative affairs of such organizations;
nor shall any official or member of such organization interfere in
the administrative affairs of the City.
[Ord. of 10-20-1998, § 9; Ord.
No. 40, 5-17-2005]
(a)
Work hours generally. Because of variations in the work requirements
and schedules of the several departments of the City, daily work hours
and weeks shall vary accordingly.
(b)
Establishment of work schedules. The establishment of work hours,
work weeks, and other work schedules shall be made by the City manager,
based upon the requirement of services, and approved by the City Council.
(c)
Overtime pay. Pursuant to the Federal Fair Labor Standards Act, nonexempt
employees, as defined in that act, have a right to receive overtime
pay for work in excess of 40 hours a week. Payment of overtime shall
be at a rate of 1 1/2 times the employee's base hourly pay. With
prior written agreement between the City and the employee's compensatory
time may be taken in lieu of cash payment for overtime. Accrued compensatory
time may be paid in cash at the employee's overtime rate of pay at
the City's discretion.
(d)
Severe weather closing.
(1)
Purpose. This policy establishes the procedure for declaring
a severe weather closing of nonessential City offices and how employees
will be compensated for hours of missed work.
(2)
Policy. City employees may be excused from work due to severe
weather conditions at the discretion of the City manager or designated
department head during regular business hours Monday to Friday from
8:00 a.m. to 5:00 p.m. or during other normally posted operation hours.
When nonessential City offices are closed due to severe weather,
personnel will be compensated at their regular rate of pay for any
time not worked due to the severe weather closing. Employees missing
work when City offices have not been declared closed due to severe
weather will not be compensated for the hours missed. Employees may
use accrued vacation/holiday/or compensatory leave for this time.
Employees in departments not closed (emergency, maintenance) shall
be compensated for time worked and not be granted additional pay or
be allowed "compensatory" time off.
[Ord. of 10-20-1998, § 10]
(a)
Basis for promotions. Promotions to fill vacancies in positions of
greater responsibility shall be based on the candidates' abilities,
the merit of past work performance, seniority, achievements in in-service
training programs for professional improvements, and initiative. Candidates'
qualifications may be further determined through written, oral or
practical tests. If examinations are required to select a candidate
for promotion, the examination material and examiners shall be determined
by the City manager, and the candidates shall be given prior written
notice of such examinations, including the nature of the examination
and its scope, at least two weeks prior to the examination.
(b)
Preference for promotion. Insofar as practical and consistent with
the best interests of the City, preference for the filling of a vacancy
within any department may be given to the employees of the department.
(c)
Transfers. In the case of a vacancy in a job of similar tasks and
complexities, an existing City employee may apply even if selection
for the position would not result in an increase in salary. Such transfers
may also be initiated by the employee's supervisor or department head.
[Ord. of 10-20-1998, § 11]
(a)
Entitlement. Annual vacation time shall be recognized as follows:
two weeks of vacation after completion of one year of employment,
three weeks after completion of five years of employment, four weeks
after completion of 10 years of employment, and five weeks after completion
of 15 years of employment. For the year of an employee's termination
of employment with the City, for whatever reason, vacation time shall
be computed on a prorated basis of one day per month beginning with
the first day of the new fiscal year, up to the date of termination.
For employees hired with related experience in other comparable jurisdictions,
years of service elsewhere may be transferred in part or in whole
in computing vacation eligibility with the City.
(b)
Working during vacation. Vacations with pay are intended as a rest
period for employees, and no employee shall be allowed to work for
the City during vacation periods and receive extra pay.
(c)
Accumulation of vacation time. Vacations must be taken each fiscal
year, or up to six months following the end of the fiscal year, and
shall not accumulate to carry over into the succeeding year, unless
expressly approved in writing by the City manager due to extenuating
circumstances made necessary by work schedules.
(d)
Vacation schedules. On or before May 1, the department heads shall
prepare a tentative schedule of vacations for the personnel of their
departments to be submitted to the City manager. The schedule of vacations
shall be arranged by the department heads so that the vacations will
not interfere with the work schedule of the department.
(e)
Vacation pay in case of death. If an employee dies while in the employ
of the City, such employee's earned wages, unused vacation time and
any other fringe benefits accrued as of the date of death shall be
paid as follows:
(f)
Vacation pay at termination of employment. Upon termination of employment
with the City, an employee shall be paid, at his regular rate of pay,
for all accumulated vacation time to the date of termination.
[Ord. of 10-20-1998, § 12]
(a)
Official legal holidays. The official legal holidays of the City
are hereby established as follows:
(b)
Entitlement. A full-time employee of the City shall be entitled to
receive pay for the official legal holidays as established, computed
on the regular base pay rate of the employee.
(c)
Working on holiday. If work is required of any hourly employee on
any official legal holiday, the employee shall be paid for actual
time worked plus holiday pay at his regular base rate of pay. Salaried
employees may have compensatory time off by arrangement with department
heads. Any department head who is required to work on a holiday shall
be compensated at double time worked as compensatory time off.
(d)
Eligibility for holiday pay. In order to be eligible for holiday
pay, employees must work the regular workdays immediately prior to
and following an official legal holiday.
(e)
Holidays occurring on weekends. When an official legal holiday occurs
on a Saturday or Sunday, the following Monday or preceding Friday
may be declared a holiday by the City manager.
[Ord. of 10-20-1998, § 13; Ord.
No. 40, 5-17-2005; amended 1-5-2021]
(a)
Sick leave deemed privilege, not right. Apart from medical leave rights that may be granted by federal or state law, sick leave is a privilege granted by the City, and is not to be considered a right of the employees; provided, however, the Maine Legislature has adopted a mandatory "Earned Paid Leave" benefit, effective January, 1, 2021, that mandates that each employee shall earn paid leave based on the employee's base pay as provided in 26 M.R.S.A. § 637, as may be amended from time to time. This earned paid leave benefit preempts any local ordinance or rule which regulates earned paid leave. To the extent that this Personnel Policy conflicts with said statute, as may be amended from time to time, the statute shall control. As of the date of amendment of this § 42-44, the earned paid leave benefit applies to each employer, public or private, with more than 10 employees, full-time, part-time, temporary, or per diem, in the usual and regular course of business for more than 120 calendar days in any calendar year. The earned paid leave benefit does not apply to any employee covered by a collective bargaining agreement during the period between January 21, 2021, and the expiration of the agreement. Employees shall enjoy the greater of the earned paid leave or the sick leave benefit, but they shall not be cumulative.
(b)
Basic credit and maximum accumulation.
(1)
Each permanent full-time employee may earn 8.5 hours per full
calendar month of regular employment to be used as sick leave and
must earn 3.5 hours of paid time off which shall be computed at the
regular base pay rate of the employee, for a total of 12 hours per
month combined. On this basis, sick leave may accumulate to a maximum
of 920 hours. Paid time off may accumulate to a maximum of 40 hours
per year. Employees shall be compensated for 1/2 of the first 720
hours of accumulated sick leave and paid time off when they are permanently
separated from employment as a result of voluntary resignation, retirement,
or death, but not to exceed a maximum of 360 hours of compensation.
In the event of death, payment is to be made to the employee's
designated beneficiary, or in the absence of such beneficiary, to
the employee's spouse, or in the absence of either, to the employee's
probate estate.
(2)
Each part-time, temporary, or per diem employee, in the usual
and regular course of business, if employed for at least 120 calendar
days in any calendar year, shall accrue earned paid leave as provided
by 26 M.R.S.A. § 637, as may be amended from time to time.
There are no sick leave benefits for part-time, temporary or per diem
workers.
(c)
Requirements and conditions. The granting of paid sick leave shall
be the responsibility of, and at the discretion of, the City manager,
subject to the recommendation of department heads, and under the fiscal
and recording control of the City treasurer and/or payroll clerk.
Paid sick leave shall be allowed only in cases of actual sickness,
hospitalization, or disability of the employee. To qualify for paid
sick leave, a physician's certificate of disabling sickness may be
required by the City manager.
(d)
Notification required. To be eligible for paid sick leave, employees
must notify their department heads or the City manager at least 24
hours prior to hospitalization or home confinement for medical reasons
ordered by a physician. In the event of emergency hospitalization,
disability home confinement, or sickness preventing the employee from
making advance notification to his department head or the City manager,
notification shall be made by a member of the family within four hours
after the time set for work. This notification requirement can be
waived by the department head or City manager on good cause shown
and provided that notification was made as soon as reasonably possible
under the circumstances.
(e)
Ineligible items and conditions. The following items and conditions
shall not be eligible for sick leave payment:
(1)
No sick leave shall be available for sickness, hospitalization
or disability resulting from employment in other than authorized City
work.
(2)
Sick leave shall not accrue during a period of unauthorized
absence from work.
(3)
Sick leave shall not be used as vacation time.
|
Vacation time may be used as sick leave at the option of the
employee.
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(4)
Sick time shall be reduced by the amount of earned paid leave
benefit available to the employee, as provided by 26 M.R.S.A. § 637,
as amended from time to time.
[Ord. of 10-20-1998, § 14]
(a)
Reporting of injuries. All injuries, whether major or minor, sustained
in the course of regular City work shall be immediately reported to
the employee's supervisor or department head. Failure to report may
result in loss of leave and compensation.
(b)
Entitlement. Injury leave shall be considered sick leave and shall
be charged to the sick leave time roster. Such sick leave charges
will apply only to the extent not covered by workers' compensation.
(c)
Ineligibility. Injury leave shall not apply to injury sustained because
of engagement in employment other than authorized City work.
(d)
Compensation. Injury leave compensation shall be paid to the employee
through a combination of workers' compensation insurance and supplementation
from the employee's earned sick leave credits in such a manner that
the employee shall receive his average weekly wage during the time
period of his entitlement. The supplemental pay shall continue until
the employee's sick leave credits have become exhausted. The maximum
compensation shall in no case be greater than the employee's regular
average income.
[Ord. of 10-20-1998, § 15]
(a)
Leave for professional purposes. Leave of absence with pay may be
granted by the City manager to any employee for the following purposes:
(b)
Emergency leave. A maximum of three days' emergency leave with pay
may be granted to an employee because of death or serious illness
in the employee's immediate family.
(c)
Incidental leave. Leave of absence with pay for a maximum of one
full working day or less may be granted by the department heads to
any employee for the purpose of dental appointments, physical examinations,
transportation of sick family members to and/or from a hospital or
doctor's office, voting, or any other justifiable reason, subject
to review by the City manager.
[Ord. of 10-20-1998, § 17]
(a)
Eligibility, conditions and procedure. Full-time employees of the
City may be allowed leave of absence without pay to a maximum of six
months upon the following conditions:
(1)
The employee must have served a probationary period and have
attained full-time employment status.
(2)
A request must be made in writing, stating the purpose and length
of leave time desired, at least 14 days prior to commencement of leave.
(3)
Leave must be recommended by the department head, approved by
the City manager, and confirmed by the City Council.
(b)
Allowable purposes. The following purposes for extended leaves of
absence without pay may be authorized: military leave, reserve training
leave, civil leave, maternity leave, educational leave, and any other
justifiable purpose.
(c)
Restoration to employment. Any full-time employee granted a leave
of absence without pay shall be entitled to restoration to duty at
the same job classification and at the pay rate currently in effect.
The employee shall notify his department head, in writing, of his
intention to return to work, at least 15 days in advance. Failure
to give proper notice within the required time or failure to return
to work within 15 days following the termination of the leave granted
shall be considered as a voluntary termination of employment.
(d)
Suspension of accrual of vacation time. Vacation time and vacation
pay shall not accrue to any employee granted a leave of absence without
pay during the time of leave of absence.
(e)
Suspension of sick leave. No employee shall be paid for earned sick
leave nor shall sick leave accrue during a period of leave of absence
without pay.
(f)
Use as vacation time. Leaves of absence without pay shall not be
approved for use as an extension of vacation time.
[Ord. of 10-20-1998, § 18]
(a)
Scope and intent. This section deals with action against an employee initiated by a manager or supervisor. Section 42-49 deals with employee-initiated grievances. It is the intent of this article to establish the same appeals procedure beyond the employees' departments for employees in both situations, except as may otherwise be required by contract or union agreement.
(b)
Authority to take disciplinary action. The City manager and department
heads may take disciplinary action against any City employee for just
cause, which may result in demotion, suspension from duty with or
without pay for a maximum period of 15 days, or permanent dismissal
from employment with the City.
(c)
Notice of disciplinary action. Any employee upon whom disciplinary
action is to be taken shall forthwith be given written notice by the
City manager or department head of the reasons for such action.
(d)
Employee's right of appeal to City manager. An employee shall have
the right to appeal any disciplinary action to the City manager. The
City manager shall arrange a meeting to hear the appeal, at which
meeting the disciplined employee and department head shall be present.
The meeting shall be conducted at the discretion of the City manager.
(e)
Employee's right of further appeal to personnel advisory board. An
employee who has been disciplined shall have the right to appeal the
City manager's determination to the personnel advisory board. The
appeal and request for a hearing shall be made in writing to the City
manager within five days after disciplinary action has been taken.
The City manager shall, within seven days of receipt of the request
for a hearing, convene the personnel advisory board to hear the case,
and advise the employee and disciplining authority of the date, time
and place scheduled for the hearing. Both parties shall have the right
to be represented by counsel and to present material witnesses. Pursuant
to the state right-to-know law, the hearing shall be public if the
employee so requests.
(f)
Result of appeal. The decision and recommendation of the personnel
advisory board shall be submitted in writing to the employee and the
City manager. Any employee who prevails on appeal shall be reinstated
to his job without loss of pay, seniority, or other benefits.
(g)
Causes of disciplinary action. The following shall be considered
causes of disciplinary action:
(1)
Acts of insubordination or willful disregard or disobeying orders of a department head, the City manager or a supervisor, including violations of the moonlighting provision set out in section 42-52.
(2)
Use of alcoholic beverages while on duty or reporting for duty
in an intoxicated condition or noticeably having the odor of alcoholic
beverages.
(3)
Displaying impaired movements, other than those resulting from
a disability, while on duty, whatever the cause, that interferes with
the employee's ability to perform his job function.
(4)
Frequent violation of state or local laws and/or conviction
of a felonious crime or a crime involving moral turpitude or dishonesty.
(5)
Willful misuse, theft, or destruction of City property or conversion
of City property to personal gain.
(6)
Accepting cash, gifts, or other valuable items for performing
regular duties or providing special favors through any City service.
(7)
Frequent tardiness, neglect of duty, or unauthorized absence
from work.
(8)
The use of abusive, indecent, lewd and slanderous language toward
the public or fellow employees.
(9)
Violation of the drug-free workplace policy. To ensure the safety and well-being of the employees and the public, it is the City's policy to maintain a drug-free work-place and prohibit employees from working under the influence of any illegal drug or controlled substance. The City prohibits the unlawful manufacture, distribution, dispensing, possession or use of proscribed drugs or substances or prescription medicines on any property or place owned by, or under the control of, the City. The possession and use of lawfully prescribed prescription medicines is expressly permitted. Violation of this policy is cause for disciplinary action, including the possibility of discharge. See also section 42-32(d).
(10)
Failure to maintain certifications, including appropriate vehicle
operating licenses, required to perform the job for which the employee
was hired.
(11)
Repeated and/or ongoing failure to perform job duties in a timely
and/or proper manner.
[Ord. of 10-20-1998, § 19]
In the matter of a grievance affecting an employee's work or
conditions of employment, the employee shall have the right to bring
a grievance before the City manager in the following manner:
(1)
First, the employee shall discuss the grievance with his immediate
supervisor or department head, who shall attempt to satisfy or correct
the grievance. If no satisfactory solution can be reached, the aggrieved
employee may appeal to the City manager.
(2)
The City manager shall arrange a meeting to hear the grievance, at
which meeting the aggrieved employee and department head shall be
present. The meeting shall be conducted at the discretion of the City
manager.
(3)
Following the hearing with the City manager, if no satisfactory solution
to the grievance can be reached, the matter may then be submitted
to the personnel advisory board.
[Ord. of 10-20-1998, § 20]
(a)
Authority to order layoffs. Layoffs may be ordered by the City manager
or City council.
(b)
Notice of layoffs. A notice of layoffs shall be given the employees
by posted notice within their departments at least seven days prior
to the effective date.
(d)
Order of layoffs and recall. The order of layoffs shall be as follows:
(e)
Exceptions for key employees. The City reserves the right to retain
or recall key employees out of the normal order of layoff and recall,
including seniority sequence. Key employees are those specific employees
who have been identified by the City manager or City council as being
crucial to the operations of a department, whether supervisory or
nonsupervisory.
(f)
Notice of recall. A return-to-work notice shall be sent by the City
manager or City council to each employee by certified mail at least
72 hours prior to commencement of work. Failure to report for work
at the appointed time or failure to notify the department head of
inability to report for work shall be considered a voluntary termination
of employment.
[Ord. of 10-20-1998, § 21]
(a)
Notice of resignation. For an employee to be considered as having
resigned in good standing, the resignation must result from termination
for other than just cause, or be initiated by the employee, and the
employee must submit an oral or written notice of intention to resign
or terminate employment to the department head or City manager at
least two weeks prior to the effective date. In extenuating circumstances,
for reasonable cause, the City manager may accept shorter termination
notice.
(b)
Quitting without notice. Any employee who quits without notice shall
lose all rights and benefits provided by this article, except those
to which the employee is entitled by state or federal law.
[Ord. of 10-20-1998, § 22]
No full-time employee of the City shall engage in additional
full- or part-time employment outside the hours of City work unless
expressly approved in writing by the employee's department head. It
is the intent of this section to proscribe such outside employment
only where that employment would interfere with the employee's ability
to perform his City job or where such employment would create an irreconcilable
conflict of interest between the employee's duties to the City and
his duties arising from the outside employment. Approval of outside
employment shall not be arbitrarily withheld.
[Ord. of 10-20-1998, § 23]
The City participates in the U.S. and the Maine State Retirement
System. For the state retirement system, an employee's participation
is voluntary upon the employee's first date of employment or any annual
anniversary date thereafter. The City also provides an optional participation
in the International City/County Management Association's Retirement
Corporation deferred compensation program. In certain cases, City
participation in Maine State Retirement System may be substituted
with participation in the International City/County Management Association's
Retirement Corporation plan.
[Ord. of 10-20-1998, § 24; Ord.
No. 74-2001, 6-5-2001; Ord. No. 26-2007, 2-6-2007(1)]
(a)
Compensation plan.
(1)
The City, through the City Council, shall establish annually
or biannually, at the council's discretion, a comprehensive compensation
plan which will detail both salary policies that the City will follow
and fringe benefits that the City will provide to employees in the
upcoming fiscal year.
(2)
The compensation plan will include a wage and salary scale,
consisting of ranges for different City employment categories and
steps reflecting years of service to the City in the category, or
job classification. Employees must be employed at least six months
before being eligible for a step increase, which then may be granted
if job performance warrants it. Half-step increases (wages between
two steps) may be granted for employees showing promise but needing
more time for improvement. Increases of two steps may be granted to
employees showing extraordinary performance, with the express written
approval of the City manager. Step increases will be the norm for
employees performing satisfactory work or better. New hires may be
started at steps higher than the initial step if previous work experience,
education, skills, and any combination thereof warrant.
(3)
An existing employee who is assuming a new position, in a different
category or job classification, will be placed in the range for the
new position at the step in which an increase in pay will be afforded.
Years of service in that position will then be counted forward from
that point. For example, an employee with seven years of service is
selected for a new position at a higher range. If the first step in
that new range represents an increase in pay, the employee would normally
be started at Range — _____, Step 1. (A higher step may be warranted
under special circumstances, depending on merit or other considerations.)
If the first step did not result in an increase of pay, or a sufficient
increase in pay, the promoted employee may start the new position
at a higher step, say step 3 or 4. If a promoted employee starts the
new position at step 3, for pay calculation purposes, she will be
considered as having served in that position for three years. In other
words, an employee starting a new position at step 3 would be eligible
for an increase to step 4 after one year and not have to wait for
three more years before moving to the next step. Continuing the example:
an employee with seven years of service, selected for a position at
a higher range, might start that new position at step three (the next
step in the new range with the appropriate pay increase) and be considered
as having three years’ experience at the new position in regards
to future years of pay adjustments. This provision applies to wages
and salaries only; for all other purposes, such as vacations, years
of service with the City shall be applicable.
(4)
This amendment shall not apply to any existing employees' pay
or status as of January, 2001. Years of service to the City, rather
than years of service in the position, which has been the basis of
pay as the City made a transition to a formalized pay scale, shall
continue to apply to persons in their present position, as determined
by their pay classification as of January 1, 2001. Any promotions
made after January 1, 2001 will be governed by this amendment. It
is recognized that second pay scale reflecting these positions may
be adopted at some future point by the City Council.
(5)
Because the steps will be applicable for each fiscal year, an
employee shall have worked for at least six months in one step before
eligible for additional step increases.
(6)
The wage and salary scale will be adjusted periodically by the
City Council. The scale may be amended by individual changes in different
steps, or it may be amended by application of overall percentages
or dollar amounts. In some instances, percentage increases may be
applied to the first step with the dollar spread between the steps
remaining the same; in other instances, percentage increases may be
applied across the board. In still other instances, the steps may
be changed by a constant dollar (or cents) amount. These alternatives
are to be considered by the administration and council in order to
provide adequate compensation to all employees, and to maintain appropriate
spread between years of service, job performance, professional and/or
supervisory responsibilities, but still maintain a flexible pay plan
that maintains adequate, competitive, and market wages.
(b)
Education incentive. An additional 2% will be added to the wage or
salary of any City employee with at least a two-year college degree
in a field related to his or her employment or a four-year college
degree in an unrelated field. Either degree must be from an accredited
college or university. This 2% incentive shall not apply in positions
where job descriptions require an associate's or bachelor's degree
on the assumption that the job classification already takes the degree
into account. In an instance where there is a question of whether
the degree is related to employment, the decision of the City manager
shall be final. The section becomes applicable July 1, 2001.
(c)
Fringe benefits.
(1)
The City will participate in a group health insurance program.
The type and source of insurance shall be determined by council vote
periodically, and the financial participation by the City and the
employee shall be determined periodically by council vote.
(2)
The City shall provide for employees' group life insurance under
the Maine State Retirement Program.
(3)
The latest dated copy of the wage and salary scale and the fringe
benefits, as adopted periodically by the City Council, shall be distributed
to employees as an attachment to the personnel code.
[Ord. of 10-20-1998, § 25]
A copy of the personnel code shall be distributed to each City
employee within 30 days of adoption, and shall be distributed to each
new City employee at the time of hire. Amendments, once enacted, shall
be distributed to all employees within 30 days.
