[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:
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.
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:
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.
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.
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.
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Note: An employee resigning in good standing may be reinstated
within two years after the date of resignation.
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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, Juneteenth, Independence Day, Labor Day, Columbus
Day, Veterans Day, Thanksgiving Day,and Christmas Day. Town employees
are entitled to three personal days.
[Amended 1-24-2022 by Ord. No. 22-02]
(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:
(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.
[Added 12-15-2020 by Ord. No. 20-13]
A.
In accordance with Maine's Earned Paid Leave Law 26 MRS § 637,
an employee will receive one hour of earned paid leave for every 40
hours worked until they have achieved six months of currently continuous
service.
B.
Once employees have completed six months of currently continuous
service, the accrued earned paid leave balance will be converted to
annual vacation leave and be counted towards the five vacation days
awarded in § 2.3.16B(1)(a).
C.
Accrued earned paid leave used during the first six months will be
deducted from the five vacation days awarded in § 2.3.16B(1)(a).
D.
Employees may not utilize accrued earned paid leave until 120 days
following the employee's hire date unless approved by the Town Manager.
E.
An employee will not be paid for any accrued earned paid leave balance,
if the employee terminates employment from the Town, for any reason,
prior to serving for six continuous months.
