[HISTORY: Adopted by the Town Board of the Town of Tully effective
1-1-1993. Amendments noted where applicable.]
A.
The following outlines the official personnel policies
of the Town of Tully. All Town employees shall be subject to these policies
immediately upon their employment. Any subject matter not stated herein may
be brought to the attention of the Supervisor, who is responsible for the
enforcement of all personnel policies. These policies are not intended to
be, nor should they be interpreted as, a contract of employment. The Town
of Tully retains the right to modify, alter or cancel any benefits described
herein.
B.
The Town of Tully shall not be discriminate against any
person on the basis of race, color, creed, national origin, sex, or age, in
determining their capability for employment.
The procedures for the selection of employees in the Town of Tully is
in compliance with the law of the State of New York.
See Chapter 39, Ethics, Code of, of the Code of the Town of Tully.
[1]
Editor's Note: Amended during codification (upon enactment, adoption
information will be inserted here).
The Town retains and reserves unto itself and its duly elected officials,
except as expressly limited by agreement, by Civil Service Law, by applicable
state or federal statute, or by applicable rules or regulations or administrative
rule or regulation, including, but not limited to, the right in all respects
to determine the mission, purpose, objectives, programs, services, and policies
of the Town, in all respects to determine the facilities, methods, means,
and number of personnel required to conduct Town programs, and to administer
all personnel policies. This includes, but is not limited to, examination,
selection, recruitment, hiring, appraisal, training, retention, promotion,
or transfer; to direct, deploy, utilize, and determine the size of the work
force; to contract for, subcontract for, initiate or terminate work of any
type or nature; to establish specifications for each class of positions and
to classify or reclassify and to allocate or reallocate new or existing positions
and to suspend, demote, discharge, or otherwise discipline employees. The
Town may also relieve employees from duty because of lack of work, shortage
of funds, the efficiency of its operations. The Town may take whatever actions
it may deem necessary in situations of emergency. In exercising these rights
the Town agrees that it will not proceed in an arbitrary or capricious manner.
A.
Workweek. The workweek for all Town of Tully employees
is determined in the existing department policy.
B.
Pay checks. All highway employees are paid on Thursday
of each week. The pay period runs from Saturday through Friday, and the highway
employee is paid on the following Thursday. A paycheck will be delivered to
the work location and will be distributed to the employee or his or her designate.
All other employees are paid at the direction of the Supervisor.
C.
Sick leave. Full-time employees are entitled to one day
per month sick leave. Sick leave can be accumulated to a total of 200 days.
In the event an employee has worked for five years and leaves employment in
good standing he is entitled to be reimbursed for the unused sick leave at
a rate of $10 per day.
D.
Personal leave. Personal leave days are days that the
employee may take off provided he has given notice to his or her Supervisor
at least one week in advance. Each full-time employee who has worked one full
year is entitled to four personal leave days per year. These days can be added
to sick leave at the end of the year.
E.
Holidays. The following legal holidays are allowed as
days off: New Year's Day, Martin Luther King Day, President's Day, Memorial
Day, Independence Day, Labor Day, Columbus Day, Election Day, Veterans Day,
Thanksgiving Day and Christmas Day. Employees will be paid for the holidays
listed, provided that they fall on a Monday, Tuesday, Wednesday, Thursday
or Friday. To be eligible for holiday pay, an employee must work the last
scheduled workday prior to the holiday and the first scheduled workday following
the holiday. Full-time employees who work on any of the listed holidays will
be paid holiday pay plus 1 1/2 times their hourly rate for the hours
actually worked.
F.
Vacation. A full-time employee who has worked at least
12 months for the Town of Tully is entitled to one week's vacation. An employee
who has worked at least 24 months is entitled to two weeks' vacation; an employee
who has worked five years is entitled to three weeks' vacation; an employee
who has worked 15 years is entitled to four weeks' vacation. Unused vacation
can be carried over to the following year as long as the employee does not
have more than 20 days of vacation time coming for that year. During vacation
periods the employee is entitled to his or her regular rate of pay.
G.
Leave without pay. The Town Board, on the recommendation
of the Supervisor and at the request of the department head, may grant a leave
of absence without pay for any full-time employee. Each case shall be determined
on a individual basis.
H.
Leave with pay.
(1)
Jury duty.
(a)
The Town will pay regular weekly earnings up to a maximum
of four weeks for time served as a juror. The Town requires that the employee
immediately notify his or her Supervisor upon receiving a summons for jury
duty.
(b)
When attendance is not required by the court, the employee
must report to work (even for partial days). Any payment for jury duty must
be surrendered to the Supervisor as an offset to regular pay. These payments
should be forwarded to the Supervisor.
(2)
Professional meetings. With the recommendation of the
Supervisor a full-time employee may be allowed to leave with pay to attend
a professional meeting which would be of benefit to the Town of Tully, provided
that such attendance is consistent with maintaining Town services.
A.
Health insurance. The Town of Tully shall provide full-time
employees who have worked at least six months, without cost, medical and dental
insurance in a plan then in effect. The Town may from time to time alter,
modify, change or cancel the plans.
B.
Legal aid. The Town of Tully shall provide for the defense
of an employee in any civil action or proceeding, in any state or federal
court, arising out of any alleged act or omission which occurred, or as alleged
to have occurred in the complaint, while the employee was acting, or in good
faith purporting to act, within the scope of his public employment or duties.
Such defense shall not be provided where civil action or proceeding is brought
by, or on behalf of the Town. Representation will be provided by the Town
Attorney, or another attorney retained by the Town, in the event that representation
by the Town attorney is not feasible. The employee must deliver the summons
to the Town Attorney, within five days of being served with the document.
Such delivery will be considered as a request for defense, unless the employee
states in writing, that defense is not requested.
C.
Disability benefits and workers' compensation.
(1)
Disability insurance provides benefits to eligible employees while absent from work due to pregnancy or illness/injury that occurs outside the workplace. [If injured while on the job, see Subsection C(2) below]. In order to be eligible for disability benefits, the employee must be under the continued care of a physician, who will determine ability to work. New York State disability requires a waiting period of seven consecutive days before qualifying for disability benefits. Thereafter, the employee may be entitled to 50% of the average weekly earnings (using the last eight calendar weeks worked to compute the average) to a maximum weekly benefit payment of $170 (subject to change). Payments may continue up to 26 weeks with respect to any one period of disability.
(2)
Workers' compensation insurance provides income assistance
to individuals injured while on the job. Should such an injury keep an employee
away from work for over two weeks (14 consecutive days), the employee shall
be entitled to compensation retroactive from the date of injury. Initially,
a seven-day waiting period must be satisfied. If the employee returns to work
at any point during this waiting period, no compensation will be made for
lost work time. The employee must be under the continuous care of a physician,
who will determine ability to return to work, in order to qualify for workers'
compensation. Compensation amounts to approximately 2/3 of weekly earnings
to a maximum of $340 per week (subject to change). Payments continue as long
as the injury persists. Additionally, all injury-related medical bills are
paid in full.
(3)
The Town of Tully will pay the employee his full wages
during disability if the employee has accumulated sick pay. The Town will
be entitled to receive from the employee the disability benefits check or
worker's compensation check. The employee will use his sick time during the
period of disability. The Town will grant back to the employee the sick days
equivalent to the reimbursement. The Town shall have at its option the right
to have a representative visit any employee absent on sick leave and shall
have the right to have a medical examination of the employee to verify the
disability. In the event that the employee recovers damages from any third
party responsible for such disability then the payments made by the Town shall
be entitled to reimbursement from such recovery.
A.
Town of Tully employees are subject to the disciplinary
procedures required by law.
B.
Employees are expected to conduct themselves in a courteous
and businesslike manner under all circumstances with the public and fellow
workers alike.
C.
Theft or dishonesty will result in immediate suspension
from duty and the matter referred at once to the Supervisor for determination
of final action, including termination.
D.
Falsification of records, e.g., application for employment,
time cards, personnel records, etc., will be acted upon by the Supervisor
and may be reason for immediate termination.
E.
Repeated tardiness, absence of three consecutive days
without notification or without satisfactory reason, or repeated unauthorized
absences will be reason for immediate termination or other appropriate disciplinary
action.
F.
Inattention to duties, loafing, or wasting time will
be a matter for appropriate disciplinary action, including termination.
G.
Engaging in any form of gambling during duty hours on
company premises is prohibited.
H.
Abusing, defacing, wasting or causing willful damage
to company property, equipment or supplies is prohibited.
I.
Contributing to or creating any unsafe, unhealthy or
unsanitary condition on Town premises is prohibited.
J.
The Town premises may not be used for any activity other
than as dictated by the business needs of the Town.
K.
Engaging in any fight, whether agitating or physically
involved, or doing bodily harm to another person on company premises is prohibited.
L.
Insubordination will result in appropriate disciplinary
action, up to and including termination.
M.
An employee is expected to carry out all reasonable directives
of his/her immediate Supervisor. Refusal to follow directions normally and
properly required of any employee will result in appropriate disciplinary
action, up to and including termination.
N.
Neglect of duty or failure to meet a reasonable measure
of efficiency or productivity will result in appropriate disciplinary action,
up to and including termination.
O.
Immoral behavior during working hours will result in
appropriate disciplinary action, up to and including termination.
P.
Off-duty misconduct will result in appropriate disciplinary
action, up to and including termination.
This policy will take effect on January 1, 1993.
