A. 
The appointing authority, department heads and supervisors shall be responsible for enforcing standards of conduct and rules and regulations. Failure to comply with standards of conduct or any rules and regulations may result in disciplinary action.
B. 
The type of disciplinary action imposed is at the discretion of the appointing authority and department heads and is dependent upon the nature of the disciplinary violation. Disciplinary action shall include only the following:
(1) 
Oral reprimand;
(2) 
Written reprimand;
(3) 
Demotions;
(4) 
Suspensions; and
(5) 
Discharge.
C. 
Department heads shall be responsible for preparing written documentation of disciplinary action imposed. All written documentation shall be provided to the appointing authority and the Personnel Board and shall be filed in an employee's personnel file in the centralized personnel recordkeeping system.
All employees that have successfully completed the orientation period as required by these regulations shall be covered by these provisions.
Department heads and appointing authorities are required to discuss serious disciplinary problems and proposed disciplinary actions with the Town Administrator to insure that procedures are followed and that contemplated actions are warranted and consistent with practices in the Town.
A. 
Oral reprimand. A department head or supervisor may issue an oral warning to the employee. The oral warning shall be presented in a manner minimizing embarrassment to the employee. The department head or supervisor shall orally communicate to the employee the nature of the deficiency and offer assistance in correcting the deficiency. An oral reprimand shall be noted in the employee's personnel file.
B. 
Written reprimand.
(1) 
A department head may issue a written reprimand. The reprimand shall include:
(a) 
The charge;
(b) 
The specific behavior and dates of the behavior, as appropriate;
(c) 
The warning that continuance of the behavior will result in severe disciplinary action;
(d) 
An offer of assistance in correcting the behavior;
(e) 
Circumstances affecting the severity of the disciplinary action; and
(f) 
Any right of appeal.
(2) 
A copy of the written reprimand shall be placed in the employee's personnel file.
C. 
Suspension.
(1) 
A department head or an appointing authority may suspend a nonexempt employee, as defined in the Fair Labor Standards Act, without pay for a period of five days or less. After a hearing before the appointing authority or its designee, a nonexempt employee, as defined in the Fair Labor Standards Act, may be suspended without pay for a period of more than five days. Exempt employees, as defined in the Fair Labor Standards Act, may be suspended with pay. Suspension may be in lieu of oral reprimand or written reprimand and may be effective immediately.
(2) 
On or before the date of suspension, a department head or appointing authority shall furnish the employee with a written statement setting forth the reasons for the suspension, the effective date of the suspension and the date the employee shall return to work. The notice of suspension shall include:
(a) 
The charge;
(b) 
The specific behavior and dates of the behavior, as appropriate;
(c) 
The warning that continuance of the behavior will result in severe disciplinary action, including discharge;
(d) 
An offer of assistance in correcting the behavior;
(e) 
Circumstances affecting the severity of the disciplinary action; and
(f) 
Any right of appeal.
(3) 
A copy of the written reprimand shall be placed in the employee's personnel file.
D. 
Discharge. After a hearing before the appointing authority, an employee may be terminated for cause. The employee shall be given written notice of the discharge signed by the appropriate appointing authority specifying:
(1) 
The date of the discharge;
(2) 
The charge;
(3) 
The specific behavior and dates of the behavior, as appropriate;
(4) 
Circumstances affecting the severity of the disciplinary action; and
(5) 
Any right of appeal.
Grievances shall relate to improper application of these personnel rules and regulations or disciplinary procedures and shall be resolved in the following manner:
A. 
First step.
(1) 
An aggrieved employee shall discuss any matter of dispute with an immediate supervisor in a mutual effort to resolve any problem or misunderstanding. Upon failing to resolve any grievance in an informal manner, an aggrieved employee may present a grievance in writing to the department head within 10 days from the time the employee has knowledge or reasonably should have had knowledge of the occurrence which gave rise to the grievance. The written grievance shall contain the following information:
(a) 
The section of the regulation upon which the grievance is based;
(b) 
The occurrence(s) being grieved;
(c) 
Applicable dates and time;
(d) 
Any pertinent information relative to the grievance;
(e) 
An indication of the relief that is desired.
(2) 
The department head, within five working days of receipt of a grievance, shall provide an answer in writing to the aggrieved employee.
(3) 
If the immediate supervisor and the department head are the same, the employee may follow procedures set forth in Subsection B below.
B. 
Second step. If the grievance has not been resolved as provided in Subsection A above, the aggrieved employee may, within five working days after receipt of the written answer from the department head, or within 10 working days after presentation of the grievance to the department head, present the grievance in writing to the appointing authority. If the appointing authority and the department head are the same then the employee shall immediately follow procedures set forth in Subsection C below. The appointing authority shall answer the grievance in writing within 10 days after its receipt.
C. 
Third step. If the grievance has not been resolved as provided in Subsection B above, the aggrieved employee may, within 10 working days after receipt of the written answer from the appointing authority, present the grievance in writing with a request for a hearing to the Personnel Board. The Personnel Board shall hold a hearing on the grievance and shall answer the grievance within 30 days after its receipt. The Personnel Board may support, modify or reverse the action of the appointing authority, provided, however, that such action to modify or reverse a decision shall be by roll call vote of the Personnel Board and the appointing authority sitting in joint session. Any such decision shall be final.
A. 
Employees may be represented by counsel or other representative during the grievance process. Any expenses incurred by an employee during the course of the grievance process shall be borne by the employee. If any employee is required or requested to be present at any hearings on a grievance, the employee shall not lose any pay for work time lost.
B. 
Department heads or supervisors shall not retaliate or take any disciplinary action against an employee based on the filing of any grievance.
Grievances are expected to be filed in a timely manner, and all time limits specified in the grievance process shall be met by the employee filing a grievance and the Town; provided, however, that any time limit may be extended by written agreement of the Personnel Board and the employee filing a grievance. Failure of the employee to meet the time limits specified in this section shall result in a grievance being declared null and void. Failure by the Town to act in accordance with the time limits set forth in this section shall be an automatic denial of the grievance and shall move the grievance to the next step.