[Ord. #1981-3, § 1; Ord. 8/5/99]
The following rules and regulations are adopted to establish
a uniform system of employment in the Town of Little Compton for employees
who are hired and have their working conditions set by Town Council.
[Ord. #1981-3, § 2; Ord. 8/5/99]
These rules shall apply to all employees in the service of the
Town, unless otherwise specified, but shall not apply to members of
the Fire and Police Departments, where inconsistent with union contracts,
Town ordinance, or State law concerning firemen and policemen. Also,
the rules shall not apply to members of other unions where inconsistent
with their union contracts.
[Ord. #1981-3, § 3]
In the application and administration of this chapter, no person
shall be discriminated against because of any political or religious
affiliation or belief, or because of race, national origin, color,
sex or marital status.
[Ord. #1981-3, § 4]
There is hereby established a personnel policy for the Town
as follows:
a.
Employment in the Town government shall be based on merit and fitness,
free of personal and political consideration.
b.
Just and equitable incentives and conditions of employment shall
be established and maintained to promote efficiency and economy in
the operation of the Town government.
c.
Positions having similar duties and responsibilities shall be classified
on a uniform basis.
d.
Appointments, promotions, and other actions requiring the application
of the merit principle shall be based upon systematic test and evaluation.
e.
High morale shall be 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.
[Ord. #1981-3, § 5]
a.
For the purpose of this chapter the following words and phrases shall
have the meanings respectively ascribed to them by this subsection:
1.
ADDRESS – Shall mean the last known street and number of the
resident or post office or box mailing address.
2.
CLASSIFICATION – Shall mean one or more positions in the service
of the Town sufficiently alike in duties, authority, and responsibilities
as to reasonably presume requirement of equivalent qualifications.
3.
CLASSIFIED SERVICE – Shall mean all employees appointed by
the Town Council and not otherwise exempt under terms of this chapter.
4.
CORPORATE LIMITS – Shall mean the municipal limits of the Town
of Little Compton.
5.
DEPARTMENT – Shall mean a major functional unit of the Town
government.
6.
DEPARTMENT HEAD – Shall mean the person who is responsible
for the administration of a department.
7.
EMPLOYEE – Shall mean any person working or engaged in the
service of the Town of Little Compton.
8.
IMMEDIATE FAMILY – Shall mean husband, wife, son, daughter,
father, mother, brother or sister.
9.
LAYOFF – Shall mean a separation from the service because of
a shortage of work, funds or materials; abolishment of position or
other reasons beyond the control of an employee and not reflecting
discredit on him or her.
10.
MILITARY LEAVE – Shall mean the leave of absence granted an
employee entering the armed forces of the United States during a national
emergency or in response to draft or call to duty from civilian components
of the armed services.
11.
MONTH – Shall mean one calendar month.
12.
OVERTIME – Shall mean time worked in excess of the regular
work week at the direction of the job foreman or department head.
13.
LICENSED PHYSICIAN – Shall mean a medical doctor licensed by
the State Board of Medical Examiners.
14.
POSITION – Shall mean a group of current duties and responsibilities
legally assigned or delegated by an appointive authority requiring
the full or part-time employment of one person.
15.
PROBATIONARY EMPLOYEE – Shall mean an employee who has not
completed his probationary period.
16.
PROMOTION – Shall mean an assignment of an employee from a
position in one classification to a position in another classification
having a higher maximum salary rate.
17.
RATING FORM – Shall mean a form used to record the evaluation
of ability, attitude, conduct, production, etc. of an employee.
18.
REGULAR EMPLOYEE – Shall mean an employee working full time;
appointed under these rules, and who has satisfactorily completed
his probationary period.
19.
RESIDENCE – Shall mean the actual place of abode of the employee.
20.
SENIORITY – Shall mean credits allowable by reason of continued
service.
21.
SERVICE CREDIT – Shall mean the credit used in personnel records
for length of service.
22.
SUPERVISOR – Shall mean any person responsible for directing
the work of others.
23.
TERMINAL LEAVE – Shall mean the period of time to be credited to a regular employee in accordance with qualifications set forth in subsection 10-1.7g11.
24.
TOWN – Shall mean the Town of Little Compton.
25.
TRANSFER – Shall mean any change of an employee from one position
to another position having no greater than the same maximum salary
rate.
26.
WORK WEEK – Shall mean the number of hours regularly scheduled
during any seven consecutive days; Sunday being the first of said
days.
27.
WORKING DAY – Shall mean any one period of at least eight continuous
hours during which an employee is scheduled to work.
[Ord. #1981-3, § 6; Ord. 8/5/99]
There shall be exempted from the classified service of the Town:
a.
Officers elected by the people and all persons appointed to fill
vacancies in such elective positions.
b.
Heads of departments and all members of boards, commissions, and
committees appointed by the Town Council.
c.
Employees of the school department.
d.
Persons engaged by contract to perform special services for the Town.
e.
Persons temporarily appointed or designated to make or conduct a
special inquiry, investigation or examination, or to perform a special
service where such appointment or designation is found by the Town
Council to be for employment which because of its expert nature or
character could not or should not be performed by persons in the classified
service.
f.
Such temporary unskilled workers paid on an hourly basis as the Town
Council may determine.
g.
Persons who in times of public emergency may be appointed special
employees.
h.
Employees of the Town appointed by the Trustees of the Brownell Library.
i.
Employees of the elected Beach Commission.
j.
Any employee working part-time for any Board, Commission or Trust
appointed by the Town Council.
Employees of the School Department, Library and Beach Commission
shall include salaries and benefits in their budget requests for Financial
Town Meeting approval.
[Ord. #1981-3, § 7; Ord. 10/4/84; Ord. 6/20/85;
Ord. 7/24/86; Ord. 9/18/86; Ord. 11/19/87; Ord. 6/9/88; Ord. 11/9/89;
Ord. 2/18/93; Ord. 12/8/94; Ord. 8/5/99; Ord. 9/7/06]
a.
Hours of working. The hours during which the Town offices (other
than the offices of elected officials) and departments shall be open
for business shall be determined by the Town Council.
b.
Work week. The working week shall consist of a minimum of 35 hours
during seven consecutive days, commencing on Sunday of each week,
except as otherwise hereafter provided.
The working time per week for all regular or probationary employees
shall be 35 hours, except that salaried employees of the various departments
may be required to work additional time to meet existing conditions
or unexpected contingencies. Special provisions shall be made in any
department, such as fire and police (covered by contract) which require
additional hours to meet existing conditions or unexpected contingencies.
c.
Attendance. Employees shall regularly be at their places of work
in accordance with these rules and other department regulations. All
departments shall maintain daily attendance records of employees.
d.
Overtime. Employees shall work overtime when necessary and overtime
shall be allocated on any job as evenly as possible among the employees
qualified to do the work. Overtime compensation shall be at time and
1/2 the regular hourly pay rate for the work concerned.
e.
Holidays. Employees shall be paid for the following legal holidays.
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New Year's Day
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Labor Day
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Martin Luther King Day
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Columbus Day
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President's Day
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Veteran's Day
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Memorial Day
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Thanksgiving Day
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Independence Day
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Christmas Day
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Victory Day
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If any of the above holidays falls on a Saturday, it
shall be observed on the preceding Friday; if any holiday falls on
a Sunday, it shall be observed on the following Monday.
At the discretion of the Town Council, employees may be required
to work on any of the above holidays, and shall be compensated at
regular rates, in addition to their regular day's pay.
An employee who is absent on leave without pay shall not be
paid for authorized holidays.
An employee who is absent without leave on the working day preceding
or following a holiday shall lose pay for the holiday as well as for
the other day off.
Employees wishing to observe religious holidays not listed herein
shall, with their option, and the approval of their department head,
be given time off during said day, without pay, or have the time charged
to their vacation
f.
Vacations. Department heads shall schedule vacations, giving due
consideration to the needs of the service and the ability of the remaining
staff to perform the work of the department. The employee shall be
permitted to take his vacation at such time as, in the judgment of
the department head, will best serve the interest of the Town.
Every employee who successfully completes his probationary period
and receives a full time appointment shall receive one vacation day
per month during the remaining fiscal year of employment. During each
succeeding year of employment regular employees shall be entitled
to two weeks vacation per fiscal year.
Employees who have completed five successive years of full-time
employment in the Town service shall be entitled to three calendar
weeks of vacation (not necessarily successive); vacation time to be
determined by the department head, during the fiscal year.
Employees who have completed 10 consecutive years of full-time
employment in the Town service shall be entitled to four weeks vacation
during the fiscal year, at times to be determined by the department
head.
Official holidays occurring during a vacation shall not be charged
to vacation time. No accumulation of vacation leave will be allowed
beyond any one fiscal year.
g.
Leave regulations.
1.
Sick leave. Each full time employee in the classified service shall
earn sick leave with pay at the rate of 1 1/4 working days for
each calendar month of service, provided, however, that such benefit
shall not accrue in excess of 120 days, except for uniformed or full
time members of the Fire and Police Departments who are disabled in
the line of duty. In such case, such employee shall receive full pay
while so disabled in accordance with provisions of State law. Sick
leave must be earned before it can be granted and shall not be considered
a "right", but shall be a "privilege" granted under the authority
of these rules and regulations.
Sick leave will be granted for absence from duty because of
actual personal illness, non-compensable bodily injury or disease
and exposure to contagious disease. It may also be granted for a maximum
of three days (not to exceed one day for each time used) in any one
year for illness' in the immediate family of an employee.
If an employee is required to be absent from work for any of
the reasons specified herein, he shall cause his absence to be reported
to his department head within two hours of the time set for the beginning
of his daily duties. Sick leave may not be granted unless such report
has been made, and notice given as required herein.
In all cases where sick leave exceeds five working days, the
department head may require the employee to file a licensed physician's
certificate indicating the nature and probable duration of the illness
or disability.
Holidays and regular days off shall not be counted in computing
sick leave taken. On the job injuries may be chargeable against accrued
sick leave, and no loss of pay shall result from time lost due to
such injury.
2.
Bereavement leave. Regular full-time employees shall be granted three
days leave (not to encompass more than five calendar days) with pay
in the event of the death of members of the immediate family and one
day for all other relatives.
3.
Jury leave. Regular full-time employees shall be granted leaves of
absence for required jury or other civic duty requiring appearances
before a court or other public body. Such employees shall receive
that portion of their regular salary or pay which will, together with
their jury pay or appearance fees, equal their total salary or pay
for the same period. Mileage allowances for such services may be retained
by the employee.
4.
Civic duties. All employees entitled to vote at national, municipal
or special elections shall, when necessary, be allowed sufficient
time off with pay to exercise this right.
5.
Military leave. Every employee holding a position in the classified
service who has left or shall leave said position by reason of entering
the armed forces of the United States, and who has held a position
in the classified service for 180 consecutive calendar days within
the past 23 months preceding such entrance in the armed forces, shall
be entitled to military leave of absence without pay.
Employees on military leave shall be entitled to annual salary
increases which would have been earned but for military service, if,
upon release from military service the employee resumes full-time
employment with the Town within 30 days of release.
Any regular full-time employee who may be a member of the stand-by
branch of the armed forces and who may be required to perform military
duties for a period of up to 365 days, while employed by the Town,
shall receive the difference between his regular pay and the compensation
paid during the performance of his military service.
6.
Extended leave of absence. Extended or emergency leave of absence,
without pay, shall only be granted on the recommendation of the department
head and with the approval of the Town Council.
When any leave of absence without pay exceeds time worked in
any one month, service credit for all employment privileges shall
cease until active employment is resumed. This rule of employment
applies to all employees.
Department heads shall be responsible for accurate reports of
employees who are absent from work and shall report absentees who
are not entitled to pay under the prevailing working policy.
7.
Administrative leave. During times of severe storms, when roads may
be impassable, etc., administrative leaves may be granted to the employees
at the discretion of the Department Head. Leave of this nature shall
be with pay and shall not be chargeable against accrued sick or vacation
leave.
8.
Seasonal and part-time employees. Seasonal and part-time employees
shall not be entitled to vacation, sick leave or any other benefits
that are allowed regular employees.
9.
Emergency leave. If an employee shall be called to his home to respond
to an emergency, emergency leave, with pay, may be granted at the
discretion of the department head.
10.
Occupational disability or injury leave. Subject to the approval
of the Town Council, an employee injured in the course of his employment
may be granted occupational disability or injury leave, not charged
against his sick leave or vacation. When such occupational disability
or injury leave is granted the Town Council shall establish the amount
to be paid during such leave, if any. In these cases it shall be the
responsibility of the department head to submit a full report of the
character, degree, and potential duration of such disability, and
periodically review the progress of the case and make recommendations
to the Town Council as may seem advisable. The Town Council shall
have the right to order the employee to be examined by any licensed
physician at the expense of the Town.
11.
Terminal leave. Any unused vacation leave due any employee on his
last work day prior to retiring from Town service shall constitute
his terminal leave, payable to him at his last regular rate. The employee
will receive his pay for terminal leave in a lump sum at the beginning
of such period. Sick leave and vacation leave shall not be accrued
during any terminal leave. Any employee who leaves Town employment
for reasons other than normal retirement will receive payment for
any unused vacation leave prorated from the beginning of the fiscal
year.
h.
Insurance Coverage. Full time employees not otherwise covered by
Union Contract including Department Heads, the elected Town Clerk,
and the elected Town Treasurer/Tax Collector shall be entitled to
a level of health insurance coverage equivalent to the level of coverage
equal to but not to exceed the union contracts for full time employees.
All premiums for the above to be paid by the Town.
All retired employees, whether full or part time, employed for
at least 10 years at the time of retirement, and retiring after passage
of this paragraph, shall be eligible for said insurance coverage;
all premiums to be paid by said retired employees.
Town Council members currently receiving health benefits shall
continue to receive such benefits at their present level subject to
Financial Town Meeting approval; however all benefits will end in
November 1996 for all Town Council members.
Full time employees not otherwise covered by union contract
including Department Heads, the elected Town Clerk and the elected
Town Treasurer/Tax Collector shall also be entitled to group life
insurance coverage in the amount of $10,000, all premiums to be paid
by the Town.
Employees of the Town, other than the Fire and Police Departments,
shall be subject to the provisions of the Rhode Island Workers Compensation
Act.
i.
Retirement. All employees of the Town will come under Social Security.
In addition, any employee who works over 1,000 hours in any calendar
year will be included in the Town pension plan.
1.
Any member of the Police Department or Fire Department shall be subject
to compulsory retirement upon attainment of age 62.
j.
Longevity. Effective 1 July 1988 longevity shall be paid as follows:
|
Years of Service
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Longevity
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5 years through 9 years
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2% of base salary per year
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10 years through 14 years
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3% of base salary per year
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15 years through 20 years
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4% of base salary per year
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More than 20 years
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5% of base salary per year
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Length of service shall be as of June 30 each year and
longevity shall be disbursed on June 30 each year.
[Ord. #1981-3, § 8; Ord. #6/18/87, § 1]
a.
Position Vacancy.
1.
Announcement. The Town Council shall advertise every position vacancy
at least once in a newspaper with general circulation within the Town.
2.
Application. The applicant for a position will submit a letter of
application plus a resume to the Town Clerk before the deadline specified
in the announcement. The Town Council may in its discretion reject
any application which indicates on its face that the applicant does
not possess the minimum qualifications established for the class of
position; or if the application discloses that the applicant is not
a citizen of the United States; is physically unfit for the performance
of the duties involved; is addicted to the habitual use of drugs or
intoxicants; has been recently convicted of a crime involving moral
turpitude; has willfully made any false statements of material fact;
or has practiced or attempted to practice any deception or fraud in
his application.
3.
Examinations. Examinations may be required by the Town Council or
department head and may consist of written, oral, performance or physical
tests, or any combination thereof, as will best fairly test the qualifications
of the applicant for the position involved.
4.
Examination results. Notice of examination results, as soon as possible
after the conclusion of an examination, shall be sent each person
taking the examination. The notice shall state the relative position
of the applicant on the rating list, or the fact that he has failed
to attain a passing grade in the examination.
After the eligible list has been established, the markings and
test papers of each competitor shall be open to his personal inspection,
for a period of time not exceeding 15 days after mailing of the notices.
5.
Eligibility list. As soon as possible after the conclusion of an
examination, the Town Council shall prepare and keep available for
a period of one year an appropriate eligibility list for the employment
within the classified service consisting of the names of persons successfully
passing examinations. The names shall be arranged in order of final
ratings made from the highest score down to the lowest acceptable
passing score.
6.
Non-Competitive appointments. In the event that the Town Council
shall consider it necessary to fill any position in service, without
the delay necessary to the establishment of an eligibility list, the
Council may make a provisional or emergency appointment. No provisional
or emergency appointment shall be continued effective beyond one pay
period after the establishment of an appropriate eligibility list
for the particular position and class.
b.
Time of Payment. All employees in the Town's classified service
shall be paid bi-weekly.
c.
Part-Time Rates. An employee who works less than the established
hours of employment will be paid by the hour.
d.
Overtime. All employees required to work overtime shall be paid for
additional time worked. All overtime shall be paid at 1-1/2 times
the regular rate.
No overtime shall be paid until after the hours required for
the basic work week shall have been worked. Vacation leave or holiday
leave shall be credited as hours worked during the week in which taken.
Sick leave shall not be credited as hours worked for the purpose of
determining overtime pay.
Department heads must certify all overtime hours worked to the
Town Treasurer prior to payment. Overtime shall be reported exactly
as worked, and shall be paid accordingly.
e.
Leave Pay. When an employee is absent due to authorized occupational
disability or injury leave, sick leave, vacation or special leave
with pay, he will be paid his regular pay and authorized allowances.
f.
Terminal Pay. All employees who leave the service of the Town for
any reason shall receive all pay which may be due them with the following
qualifications.
1.
Regular employees who have completed one year service shall be paid
for all unused vacation time prorated on months of service worked
during any fiscal year. Employees who leave before completing one
year service shall not be entitled to any vacation pay upon termination
of service.
2.
Regular employees who are retired or die in the service of the Town
shall be paid for all accumulated vacation leave.
3.
Employees who are granted military leave of absence shall also be
paid earned but not used vacation leave to the date of their separation
computed in the usual manner. Accumulated sick leave shall be credited
to them upon return to employment.
[Ord. #1981-3, § 9; Ord. 10/4/84; Ord. 11/7/85]
a.
Working Relationship. It shall be the duty of each employee to maintain
high standards of cooperation, efficiency and economy in his work
for the Town. Department heads and supervisors shall organize and
direct the work of their unit to achieve these objectives.
When work habits, attitude, production or personal conduct of
an employee falls below a desirable standard, department heads should
point out the deficiencies at the time they are observed. Warning
in sufficient time for improvement should precede formal discipline,
but nothing in this section shall prevent immediate formal action
whenever the interest of the Town requires it.
b.
Physical Fitness. It shall be the duty of each employee to maintain
standards of physical fitness required for the performance of his
work. When a department head has reason to believe that the physical
fitness of an employee constitutes a hazard to persons or property,
he may request the employee to submit to medical examination by a
licensed physician at the Town's expense. The employee shall
be paid for the time required for such examination when it is for
the sole purpose of determining his physical condition relative to
Town employment.
c.
Residence. All employees shall be required, as part of their working
agreement, to furnish their department head any change of address.
No employee shall be permitted to maintain his residence outside the
corporate town limit of the Town of Little Compton without express
permission of the Town Council.
d.
Outside Work. No full time employee holding a position under the
classified service shall engage in any outside business activities,
however remote from the function of his position, which will in any
way interfere with the employee's regular duties, or embarrass
or bring discredit to either the employee or the Town.
e.
Safety. All employees shall be required to take every precaution
to prevent accidents to himself, to his fellow employees and the public.
All drivers of motor vehicles owned or used by the Town shall
be responsible to maintain the standards of physical fitness required
for the operation of such motor vehicles and shall be required to
obey all traffic rules and regulations prescribed by law and to use
every precaution to prevent accidents. Said driver shall also be required
to possess a valid Rhode Island operator's license.
It shall be the duty and responsibility of all operators of
motor vehicles or equipment, both heavy and light, to report immediately
to their supervisor any defect in their mechanical equipment, and,
when same occurs, to use every precaution to prevent accidental loss,
expense, or recurrence of such condition.
Operators of all motorized equipment used in the service of
the Town who violate this rule or become involved in any accident
will be subject to disciplinary action if upon investigation it is
determined that the employee was responsible for such accident or
through carelessness or recklessness contributed to the cause of such
accident.
All employees whose duties require the operation of office equipment,
machinery or tools of any kind or nature shall use every precaution
in the prevention of accidents to themselves or other employees and
shall be chargeable with the responsibility for the proper operation
of all equipment used in the normal function of their duties.
f.
Prohibited Practices. No employee shall take any part in the management
of any Town political organization or in the conduct of any Town political
campaign further than in the exercise of the rights of a citizen to
express his or her opinion and to cast his or her vote.
g.
General Personnel Policy. The personnel policies herewith adopted
shall become a part of any employment agreement of any employee, and
a copy shall be given to each employee by the Town Council. The policies
may be changed or amended at the discretion of the Town Council. Each
employee is expected to have a thorough working knowledge of his job
and should possess a profound respect for his work. He should be endowed
with the spirit that his effort is of importance and that his work
is of worthwhile value. He should possess a knowledge of the relation
of his job to those of other employees and to the entire Town. Employment
in a position either full time or temporary, is not recognized as
a vested right, and shall be continued only when the standard of service
justifies the continuance.
h.
Motor Vehicles. With permission of the Town Council, Town owned vehicles
may be taken home by Town employees for emergency or call back use
only. Any private or personal use of said vehicle is prohibited.
[Ord. #1981-3, § 10]
All original appointments to the classified service shall be
for a probationary period of six months. Any employee may be dismissed
by the Town Council during the probationary period for reasons relating
to the employee's qualifications or for the good of the service
stated by the Town Council in writing.
[Ord. #1981-3, § 11; Ord. 10/4/84]
An employee shall be retained beyond the end of the probationary
period and granted full time status only if the Town Council finds
that the services of the employee have been satisfactory.
[Ord. #1981-3, § 12; Ord. 10/4/84]
The Town Council shall maintain a list of the names of all full
time and probationary employees who have been removed from service
or employment within the Town government for lack of work or lack
of funds. Such list shall be called a reemployment list. Upon the
restoration of necessary funds or work involved, within one year from
the date of his or her removal, the employee shall be returned to
the position from which he was removed.
[Ord. #1981-3, § 13; Ord. 10/4/84]
a.
The tenure of every employee shall be conditioned on good behavior
and the satisfactory performance of duties. Any employee may be temporarily
separated by lay-off 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 of the Town government,
the required reduction shall be made in such job class or classes
as the department head may designate. Within each affected job class,
all temporary employees shall be laid off before probationary employees,
and all probationary employees shall be laid off before any full time
employees.
c.
A full time employee may be dismissed or demoted whenever in the
judgment of the department head or the appointing authority, the employee's
work or conduct so warrants. The Town Council shall notify the employee
in writing of their action. This notice shall contain a detailed statement
of the reasons for dismissal or demotion.
d.
When in the judgment of a department head an employee's work
performance or conduct justifies disciplinary action short of dismissal,
the employee may be suspended without pay by the Town Council. A suspended
employee may request a hearing before the Town Council.
e.
An employee after an absence of five consecutive working days without
authorized leave shall be considered to be permanently separated by
resignation or dismissal.
f.
An employee wishing to resign his position of employment with the
Town shall submit his resignation, in writing, to the head of the
department in which said employee is employed, and said resignation
shall contain the reasons for termination of employment of service.
The department head shall forthwith forward the original copy of such
resignation to the Town Council.
g.
An employee who resigns with adequate reason, as explained in his
notification of resignation, may be reinstated to any position in
the same class if there is need of his service within one year after
the date of resignation.
[Ord. #1981-3, § 14]
a.
Policy of Town Stated. It shall be the policy of the Town to conform
to the provisions of the Equal Employment Opportunity Act of 1972
through the reinforcement of the merit principle of employment by
assuring that all segments of society, especially members of minority
groups, women, handicapped, and aged have an opportunity to enter
the Town service on the basis of open competition and to advance according
to their relative ability.
b.
Principles Incorporated within Merit System. To assure this, the
Town will incorporate the following principles within its merit system:
1.
The recruiting, selecting and advancing of employees will be done
on the basis of their relative ability, knowledge and skills, including
open consideration of qualified applicants for initial appointing.
2.
The Town will provide equitable and adequate compensation to all
employees within the classified service.
3.
Employees will be trained as needed to assure high service.
4.
Employees will be retained on the basis of the adequacy of their
performance. Inadequate performance will be corrected where possible
through job counseling, evaluation, and employee interviews and employees
will be separated whose inadequate performance cannot be corrected.
5.
The Town will assure fair treatment of applicants and employees in
all aspects of personnel administration without regard to political
affiliation, race, color, national origin, sex, marital status or
privacy and constitutional rights as citizens.
6.
The Town will assure that its employees are protected against coercion
for partisan official purposes and are prohibited from using their
official authority for the purpose of interfering with or affecting
the results of an election or a nomination for office.
7.
Taking affirmative action shall not mean that the Town will give
preferential treatment to minority groups, women, handicapped, or
the aged; but will provide equal employment and advancement opportunity
for all.
[Ord. 12/8/94]
In accordance with the Drug-Free Schools and Communities Act
Amendments of 1989 (Public Law 101-226) and the Drug-Free Workplace
Act of 1988 (Public Law 100-690), the Little Compton Town Council
hereby adopts the following policy for the prevention of substance
abuse among the employees of the Town of Little Compton.
The possession, use or distribution of alcohol or illicit drugs
by employees while on town property or during any town sponsored activity
is strictly prohibited. Furthermore, employees are prohibited from
being under the influence of alcohol or illicit drugs while on town
property or during a town sponsored activity.
b.
Intervention. The Town shall maintain an assistance program to aid
employees who are chemically involved.
The Town shall not, however, be obligated to pay the costs of
any rehabilitation program in which an employee may enroll.
c.
Discipline. The employee shall notify the Town Council in writing
of any criminal conviction for a drug violation occurring in the workplace
no later than five days after such conviction in Federal or State
Court;
The Town will notify the relevant Federal agency within 10 days
after receiving notice of any conviction of an employee for a workplace
drug violation;
The Town will, within 30 days of receiving notice of the criminal
conviction of an employee for a workplace violation, either take appropriate
action against the employee or refer the employee to a rehabilitation
program;
Violation of this policy shall be considered grounds for disciplinary
action, including dismissal.
[Ord. 9/19/02]
It is the policy of the Town of Little Compton to maintain a
working environment that is entirely free of sexual harassment in
any form. Supervisors and managers and all other employees are absolutely
prohibited from engaging in sexual harassment of Town employees, visitors,
and members of the general public. Sexual harassment is unlawful.
Because sexual harassment can be destructive to employee morale as
well as to the Town's reputation and because it can be extremely
costly to the Town in terms of lost productivity, lost employees,
and out-of-pocket expense, no act of sexual harassment can serve the
Town or be incidental to any service on account of which any employee
has been employed. Thus, any act or pattern of sexual harassment by
any employee of the Town is beyond the scope of his or her authority
as an employee, agent, supervisor or servant of the Town and will
subject the employee to discipline up to and including the termination
of employment.
The Town will administer all provisions of this policy without
regard to race, color, religion, sex, sexual orientation, age, national
origin, handicap, Vietnam-era veteran status, or disabled veteran
status.
a.
Scope. This policy applies to all employees of the Town of Little
Compton.
b.
Responsibility.
1.
The Town Council President has overall responsibility for this policy.
2.
Department Heads are responsible for the implementation and daily
administration of this policy.
3.
Supervisory employees at all levels are responsible for implementing
and enforcing this policy, and for assisting in investigating and
processing employee complaints with the utmost priority and consideration
for the rights of all concerned.
4.
Every employee is responsible for reporting to his/her supervisor
or the Department Head any incident of sexual harassment that he/she
witnesses or learns of. The Town will maintain the highest degree
of confidentiality possible with respect to such reports, consistent
with its obligation to investigate thoroughly all such reports.
c.
Definition and Examples of Sexual Harassment.
1.
Unwelcome sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature constitute sexual harassment
when:
(a)
Submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment;
(b)
Submission to or rejection of such conduct by an individual
is used as the basis for employment decisions affecting such individual;
(c)
Such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating,
hostile, or offensive working environment.
d.
Some examples of employee conduct towards other employees prohibited
by this policy include:
1.
Physical assaults of a sexual nature, such as:
(a)
Assault, rape, sexual battery, molestation or threats or attempts
to commit these acts; or
(b)
Unwelcome intentional physical conduct, or threats of such conduct,
which is sexual in nature, such as touching, pinching, patting, grabbing,
brushing against another person's body, or poking another person's
body.
2.
Unwanted sexual advances, propositions or other sexual comments,
such as:
3.
Sexual or discriminating displays in the workplace such as:
(a)
Displaying or otherwise publicizing in the work environment
materials that are sexually revealing, suggestive, demeaning or pornographic;
or
(b)
Displaying signs or other materials purporting to segregate
an employee by sex in any area of the workplace (other than restrooms
and similar semi-private lockers/changing rooms).
4.
Retaliation against an employee for making a complaint under this
policy or for assisting or cooperating in an investigation of a complaint
under this policy;
5.
Failure to cooperate fully with investigation of harassment complaints.
e.
Issuance and Circulation of Policy Statement.
1.
The Department Head or his/her designee is responsible for developing
a bulletin board notice to all employees for posting at the time that
this policy is adopted by the Town of Little Compton. The notice will
emphasize the importance of the policy to the Town, the obligation
of every employee to report any incident of sexual harassment, the
availability of supervisors and administrative staff to receive such
reports and the confidentiality with which these reports will be treated.
2.
A copy of the Policy will be given to all employees and new employees
will be given a copy upon hire. Employees will provide written acknowledgment
that they have received the policy and understand its terms.
f.
Employee Report and Investigation Procedure.
1.
Employees may report sexual harassment to any supervisor, or directly
to the Department Head, or, if the Department Head is involved in
the allegation of sexual harassment, to the Town Council President.
2.
The supervisor will promptly inform either the Department Head or,
if the Department Head is involved in the allegation of sexual harassment,
the Town Council President of any report of sexual harassment.
3.
The Department Head or the Town Council President or his/her designee,
will thoroughly investigate the report of sexual harassment as promptly
as possible, keeping the matter as confidential as is practicable.
After investigation, he/she will take whatever action is necessary
to remedy any harm done by a proven instance of sexual harassment
and the complaining employee will be notified of the action taken.
If, after investigation, the Department Head or the Town Council President
is unable to establish that any act of sexual harassment has occurred,
he/she will meet with the complaining employee(s) and with the complained-against
employee(s) individually to explain both the results of the investigation
and the Town of Little Compton's policy on sexual harassment.
4.
It is the responsibility of every employee to cooperate fully with
any investigation under this policy.
g.
Statement of Range of Consequences.
1.
Sexual Harassment.
(a)
Employees are subject to discipline, up to and including discharge,
for any act of sexual harassment which is proven to the satisfaction
of the Town of Little Compton.
(b)
The appropriate measure of discipline will be determined on
the basis of the Town's assessment of the nature and severity
of the misconduct, along with any other relevant factors.
2.
Retaliation. It is unlawful to retaliate in any way against an individual
who has complained of sexual harassment or cooperated in an investigation
of a complaint of sexual harassment. An employee may be disciplined,
up to and including discharge, for any such act of retaliation. The
appropriate measure of discipline will be determined on the basis
of the Town's assessment of the nature and extent of the retaliation
and any other relevant factors brought to the attention of the Town
of Little Compton.
h.
Enforcement Agencies.
1.
State and federal employment discrimination agencies are: the Rhode
Island Commission for Human Rights, which may be contacted at 10 Abbott
Park Place, Providence, RI, 02903 and the Equal Employment Opportunity
Commission, which may be contacted at the Boston Area Office, One
Congress Street, Suite 1001, 10th Floor, Boston, MA 02114.
2.
State and federal agencies generally expect that employees will have
first recourse to the procedures under an employer's sexual harassment
policy in order to put a stop to sexual harassment or retaliation.
It is the purpose of this policy that no employee should ever have
to go to an outside agency in order to resolve any situation involving
sexual harassment.
[Ord. 7/10/86]
All public employees, officials, members of boards, agencies
and commissions appointed by the Town Council or by any other persons
exercising appointing authority delegated to them by the Town Council;
whether or not such employees officials or members are paid; are indemnified
from all loss, cost, expense and damages, including legal fees and
court costs, if any, arising out of any claim, action, compromise,
settlement or judgment by reason of any intentional tort or by reason
of any alleged error or misstatement or act of omission, or neglect
or violation of the rights of any person under any Federal or State
law, including misfeasance, malfeasance or nonfeasance or any act,
omission or neglect contrary to any Federal or State law which imposes
personal liability on any such employee, official or member, if such
employee, official or member, at the time of such intentional tort
or act, omission or neglect, was acting within the scope of his or
her official duties or employment. The Town Council may decline to
indemnify any such employee, official or member for any misstatement,
error, act, omission, or neglect if the same resulted from willful,
wanton or malicious intent on the part of such employee, official
or member. Persons so indemnified shall be provided legal counsel
at the expense of the Town and/or reimbursement for attorneys'
fees and other expenses incurred in connection with the conduct of
such defense, including the payment of the judgment thereon. The Town
Council shall establish a fund into which it may deposit monies appropriated
from time to time to defer the costs incurred in carrying out the
purposes of this section. The amounts contained in such fund at the
end of any fiscal year may be carried forward to subsequent fiscal
years without any reappropriation. The indemnity contained herein
is extended to members of the School Committee and any other person
employed by the School Department and any person appointed to any
board, agency or commission by the School Committee, whether or not
such person is compensated for his or her services. Said indemnification
shall continue as to a person who has ceased to be an elected official,
appointed official, or employee of the Town of Little Compton, and
shall inure to the benefit of their heirs, executors and administrators
of such a person.
[1]
Editor's Note: Former Section 10-3, Fire Chief and Police
Chief/Benefits, previously codified herein and containing portions
of Ordinance No. 2/20/92, was repealed in its entirety by Ordinance
No. 5/9/96.
