The following rules and regulations are adopted to carry out the intent and requirements of the civil service provisions of the Charter of the Town of Johnston. These rules shall be applied to further the intent of the Town Charter as contained in Article I et seq. of this chapter.
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 the Town Charter, Town ordinance or state law concerning firemen
and policemen.
For the purpose of this article, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
The last known street and number of the resident or post
office or box mailing address.
The Johnston Board of Personnel.
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 and application of the same
schedule of pay.
The municipal limits of the Town of Johnston.
A major functional unit of the Town government.
The person who is responsible for the administration of a
department.
A major functional unit of a department.
A person responsible for the administration of the work of
a division.
Any person working or engaged in the service of the Town
of Johnston.
Husband, wife, son, daughter, father, mother, brother or
sister.
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.
A medical doctor licensed by the State Board of Medical Examiners.
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.
One calendar month.
Time worked in excess of the regular work week at the direction
of the job foreman or department head.
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.
An employee who has not completed his probationary period.
An assignment of an employee from a position in one classification
to a position in another classification having a higher maximum salary
rate.
A form used to record the evaluation of ability, attitude,
conduct, production, etc., of an employee.
An employee working full time, appointed under these rules,
and who has satisfactorily completed his probationary period.
The actual place of abode of the employee.
Credits allowable by reason of continued service.
The credit used in personnel records for length of service.
Any person responsible for directing the work of others.
The period of time to be credited to a regular employee in accordance with qualification set forth in § 47-10H herein.
Any change of an employee from one position to another position
having no greater than the same maximum salary rate.
Any one period of at least eight continuous hours during
which a department is open for business or during which an employee
is scheduled to work.
The number of hours regularly scheduled during any seven
consecutive days, Monday being the first of said days.
A.
Hours of working. The hours during which the Town
offices and departments shall be open for business shall be determined
by the Town Council upon the recommendation of the Mayor.
B.
Work week.
(1)
The working week shall consist of a minimum of 40
hours during seven consecutive days, commencing on Monday of each
week, except as otherwise hereafter provided.
(2)
The working time per week for all employees housed
in the Town Hall, and clerical employees working for classified departments,
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.
(3)
The working time for all employees of the Department
of Public Works shall be a minimum of 40 hours per week, commencing
on Monday of each week.
(4)
Special provisions shall be made in any department,
such as fire and police, 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 on forms provided by the Personnel Board and shall be
submitted to the personnel office on each Friday at the end of each
work week.
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-one-half the regular hourly pay rate for the work concerned.
E.
Holidays.
(1)
Employees shall be paid for all legal holidays:
(a)
New Year's Day: January 1.
(b)
Memorial Day: May 30.
(c)
Independence Day: July 4.
(d)
Victory Day: August (second Monday).
(e)
Labor Day: September (first Monday).
(f)
Columbus Day: October 12.
(g)
Veterans Day: November 11.
(h)
Thanksgiving Day: November (fourth Thursday).
(i)
Christmas Day: December 25.
(2)
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.
(3)
At the discretion of the Mayor, employees may be required
to work on any of the above holidays, and shall be compensated at
overtime rates in addition to their regular day pay.
(4)
Employees or members of the Fire, Police and Public
Works Departments who are normally required to work on authorized
holidays shall be granted an additional day's pay for each of the
following holidays:
(5)
An employee who is absent on leave without pay shall
not be paid for authorized holidays.
(6)
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.
(7)
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.
(1)
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.
All employees must file a statement of intent prior to April 1 in
each year so that department heads may equitably comply with vacation
provisions of these rules.
(2)
Every employee who successfully completes his probationary
period and receives a permanent appointment shall be entitled to one
week of vacation during the remaining calendar year of service. During
each succeeding year of service regular employees shall be entitled
to two weeks of vacation.
(3)
Employees who have completed 10 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 calendar
year.
(4)
Employees who have completed 15 consecutive years
of full-time employment in the Town service shall be entitled to four
weeks of vacation during the calendar year, at times to be determined
by the department head.
(5)
Official holidays occurring during a vacation shall
not be charged to vacation time.
(6)
No accumulation of vacation leave will be allowed
beyond any one calendar 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 1/2 working
days for each calendar month of service; provided, however, that such
benefit shall not accrue in excess of 90 days, except for uniformed
or permanent 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.
(a)
Sick leave will be granted for absence from duty because
of actual personal illness, noncompensable bodily injury or disease
and exposure to contagious disease. It may also be granted for a maximum
of three days in any one year for illness or death in the immediate
family of an employee.
(b)
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 or division head within two hours
of the time set for the beginning of his daily duties. When a relief
employee is required, such notification must be made at least one
hour before the first hour of the work day. Sick leave must not be
granted unless such report has been made, and notice given as required
herein.
(c)
In all cases where sick leave exceeds three 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.
(d)
Holidays and regular days off shall not be counted
in computing sick leave taken. On the job injuries shall be chargeable
against accrued sick leave, and no loss of pay shall result from time
lost due to such injury.
(2)
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.
(3)
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.
(4)
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 12 months preceding such entrance in
the armed forces, shall be entitled to military leave of absence without
pay.
(a)
Employees on military leave shall be entitled to biennial
salary increases and longevity 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.
(b)
At the conclusion of such military leave of absence
the employee shall be returned to his position, subject, however,
to any ordinance or rule which may hereafter be enacted affecting
such right of return or defining the conditions under which return
shall be made.
(c)
Any regular full-time employee who may be a member
of the standby reserve of any branch of the armed forces and who may
be required to perform military duties for a period of 15 days or
less in any one calendar year, while employed by the Town, shall receive
the difference between his regular pay and the compensation paid during
the performance of his military service in that year.
(5)
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 Mayor and Personnel
Board.
(a)
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.
(b)
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.
(6)
Special leave with pay. Department heads may grant
or be granted special leaves with pay and actual expenses to attend
professional conferences, conventions or schools, or to visit other
cities in the business of the Town, as may be authorized by the Mayor.
Such employees shall submit an itemized list of all expenses incurred
or made to the Mayor who may then approve or deny.
(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 Mayor. 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 other benefits
that are allowed regular employees with one or more years of continuous
service.
(9)
Emergency leave. If an employee shall be called to
his home to respond to an emergency, emergency leave, with pay, may
be granted in the discretion of the department head.
(10)
Occupational disability or injury leave. Subject to
the approval of the Mayor and 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 Mayor 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 Mayor 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 sick leave and/or vacation
leave due any employee on his last work day prior to leaving the Town
service shall constitute his terminal leave, payable to him at his
last regular rate. The employee, may, at his discretion, elect to
receive his pay for terminal leave in a lump sum at the beginning
of such period, or to receive his pay at the regular pay periods during
such terminal leave. Sick leave and vacation leave shall not be accrued
during any terminal leave.
H.
Insurance coverage.
[Amended 6-14-2004 by Ord. No. 2004-9; 10-11-2011 by Ord. No.
2011-24]
(1)
All retirees
of the Town of Johnston, as a condition of receiving or continuing
to receive retirement payments and health benefits shall, enroll in
Medicare as soon as he/she is eligible, notwithstanding the provisions
of any other statute, ordinance, interest arbitration award, or collective
bargaining agreement to the contrary.
(2)
The Town
shall adopt the provisions of R.I.G.L. § 28-54-1 and, in accordance
therewith, shall require all its retirees, as a condition of receiving
or continuing to receive retirement payments and health benefits,
to enroll in Medicare as soon as he or she is eligible, notwithstanding
the provisions of any other statute, ordinance, interest arbitration
award or collective bargaining agreement to the contrary. The Town
shall reserve the right to negotiate any Medicare supplement or gap
coverage for Medicare-eligible retirees but shall not be required
to provide any other health care benefits to any Medicare-eligible
retiree or his or her spouse who has reached 65 years of age, notwithstanding
the provisions of any other statute, ordinance, interest arbitration
award or collective bargaining agreement to the contrary. The Town-provided
benefits that are provided to Medicare-eligible individuals shall
be secondary to Medicare benefits. Nothing contained herein shall
impair collectively bargained Medicare Supplement Insurance.
A.
Competitive examinations.
(1)
Announcement.
(a)
The Personnel Board shall prepare official
announcements for open competitive and promotional examinations which
shall include the following:
(b)
The Board of Personnel shall make such announcement
by posting notice not less than 15 days in advance of the scheduled
date of the examination. The posting shall be made on a bulletin board
in the Town Hall and in such other buildings as will assure that any
interested resident may be informed about employment opportunities
in the classified service. The Board in its discretion may advertise
the examinations in any newspaper having a general circulation in
the Town.
(2)
Application. All applications shall be made on forms
provided by the Board of Personnel.
(a)
Such forms may require information as to the
education, training and experience of the applicant and such other
information as the Board of Personnel may deem pertinent.
(b)
The Board 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.
(a)
Examinations 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.
Examination for entrance into or promotion in the classified service
shall be held at the time and place in the Town as the Personnel Board
may direct, and the identity of persons taking the written tests shall
be concealed by the use of identification numbers instead of names
on all test papers.
(b)
In addition, in rating examinations for entrance
into the classified service, including the Police Department and Fire
Department, the Director shall increase the score of a candidate 1%
for each consecutive year that such current resident candidate has
been a resident of the Town, up to a maximum of 10%. Seventy percent
shall be the lowest score on an examination to be acceptable as qualifying,
and the maximum score shall be 100%.
[Added 3-12-2007 by Ord. No. 2007-2;
amended 3-9-2009 by Ord. No. 2009-1]
(c)
For purposes of this section only, a person’s
residence is his fixed or established domicile. The determinant of
one’s domicile is that person’s factual physical presence
in the Town on a regular basis incorporating an intention to reside
for an indefinite period. This domicile is the place to which, upon
temporary absence, he has the intention of returning. Once acquired,
this domicile continues until another domicile is established. A person
can have only one domicile.
[Added 3-12-2007 by Ord. No. 2007-2]
(d)
Upon application for an entrance examination,
the applicant shall provide to the Director, for purposes of establishing
residence for this section, two of the following documents: voter
registration, a state driver's license, a motor vehicle registration
certificate, state and federal income tax returns, documents establishing
the address furnished to the tax collector and/or assessor in those
communities where the applicant owns taxable real or personal property
for the purpose of notifying the applicant, a document establishing
the address furnished to insurance companies with which the applicant
maintains policies, a document establishing the address furnished
to his or her present employer, a document establishing the address
furnished to any business, professional union or fraternal organization
of which the applicant is a member and a document establishing the
address furnished by the applicant to governmental agencies with which
the applicant has contact.
[Added 3-12-2007 by Ord. No. 2007-2]
(4)
Examination results.
(a)
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.
(b)
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)
Promotional examinations. Promotional examinations
shall be conducted in the same manner as open competitive examinations,
subject to the following conditions:
(a)
The applicant must hold a position in the classified
service.
(b)
The applicant must meet the minimum requirements
established for the examination.
(c)
The applicant's service ratings and rank shall
be given due consideration.
(d)
In any departmental examination, applicants
will be restricted to persons who meet the foregoing requirements
and whose employment record in the service of the department meets
requirements designated in the examination announcement.
(6)
Eligibility list. As soon as possible after the conclusion
of an examination, the Personnel Board shall prepare and keep available
an appropriate eligibility list for the employment or promotion 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. The eligibility lists shall contain no less than names
of three persons available for selection by the appointing authority.
(7)
Noncompetitive appointments. In the event that the
appointing authority shall consider it necessary to fill any position
in service, without the delay necessary to the establishment of an
eligibility list, he may make a provisional appointment which shall
be subject to examination and approval of the Personnel Board with
regard to the appointee's ability to meet all minimum qualifications
established for the position. No provisional appointment shall be
continued effective beyond one pay period after the establishment
of an appropriate eligibility list for the particular position and
class.
B.
Original appointment. The minimum rate of pay (Step
A) for any classification shall normally be paid upon original appointment.
When the appointing authority is unable to obtain qualified persons
at the minimum rate, or when a new employee possesses exceptional
qualifications, the Mayor may recommend to the Council that the original
appointment be made in a higher step in the classification pay range.
C.
Time of payment. All employees in the Town civil service
system shall be paid biweekly.
D.
Step increases in pay. The compensation plan previously
adopted is designed to provide pay increases to employees to reward
ability and efficiency, and to compensate increased value to the Town
through length of service.
(1)
Pay increases shall be given at the end of the first
six months of employment and once biennially thereafter until the
top step of the pay range has been reached.
(2)
Exceptional and outstanding employee performance may
be further rewarded on a limited basis by advancement in step increases
in shorter periods of time, on recommendations of the department head
and approval of the Mayor; provided the Director of Finance shall
certify that sufficient funds are available in the budget of the department
affected. Similarly, salary advances may be withheld for disciplinary
purposes or where the employee's performance does not justify the
scheduled salary advancement.
(3)
Increases within budgetary limits shall normally be
for one step at a time within the limits of the pay range for each
classification. The date of appointment to each position shall be
the date from which service credit is computed for leave and pay purposes.
(4)
Increases shall take effect at the beginning of a
new pay period and shall be processed and approved by the Mayor and
Personnel Board before taking effect.
(5)
Time lost, due to any leave of absence, without pay,
longer than two weeks in duration (except injury leave and military
leave) shall be deducted from the eligible time for periodic increases.
(6)
No employee shall be paid more than the maximum for
his classification.
E.
Part-time rates. An employee who works regularly,
at less than the established hours of employment, may be paid by the
hour or at a salary proportionate to the amount of time worked. The
basic pay scale shall be the minimum rate in the classification for
which the employee is hired.
F.
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.
(1)
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.
(2)
Department heads must certify all overtime to the
Mayor prior to its authorization and must certify the number of overtime
hours worked prior to payment. No employee shall be permitted to work
more than nine hours overtime following a regular work day without
express approval of the Mayor and female employees are limited to
48 hours of work per week and not in excess of nine hours per day
in accordance with state law.
(3)
Overtime shall be reported exactly as worked, and
shall be paid accordingly.
G.
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.
H.
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 of service
shall be paid for all unused vacation time. Employees who leave before
completing one year of service shall not be entitled to any vacation
pay.
(2)
Regular employees who are retired or die in the service
of the Town shall be paid for all unused sick leave not to exceed
90 days and 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.
A.
Working relationship.
(1)
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.
(2)
When work habits, attitude, production or personal
conduct of an employee falls below a desirable standard, as determined
by the annual rating, supervisors 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 the Department of Health 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.
Employees; public office. In accordance with the provisions
of the Town Home Rule Charter, no employee of the Town shall hold
an elective office in the Town government while in the employ of the
Town. No person shall be eligible to hold any paid office or employment
in the Town government who holds any other Town office, or civil office,
legislative, executive or judicial, in either the state or federal
government, except that of Notary Public, Justice of the Peace, or
member of the National Guard or Armed Forces Reserve [Town Charter
Sec. 19-4(4) and (5)].
D.
Residence.
(1)
All employees shall be required, as part of their
working agreement, to furnish their supervisor any change of address,
and the same shall be forwarded to the Personnel Board to be filed
as part of the personnel record of such employee.
(2)
No employee shall be permitted to maintain his residence
outside the corporate limit of the Town of Johnston without express
permission of the Town Administrator.
E.
Use of time clocks. In any department of the Town
which requires the use of a time clock for establishing work time
records, it shall be required that individual employees register working
time on such clocks for their own working hours only. Any employee
who registers working time for any other employee may be subject to
disciplinary action.
F.
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.
G.
Safety. All employees shall be required to take every
precaution to prevent accidents to himself, to his fellow employees
and the public.
(1)
All drivers of motor vehicles owned or used by the
Town shall be responsible to maintain the standards of physical fitness
required to 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.
(2)
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.
(3)
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.
(4)
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 the normal function of their
duties.
H.
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 Mayor or the Personnel
Board. The policies may be changed or amended at the discretion of
the Mayor and the Town Council, in accordance with Town Charter or
statutory provisions. 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 permanent
or temporary, is not recognized as a vested right, and shall be continued
only when the standard of service justifies the continuance.
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 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.
[Added 12-15-1986 by Ord. No. 639; amended 11-14-2005 by Ord. No.
2005-22]
A.
Indemnity. The Town Council hereby specifically indemnifies
the hereinafter named elected and appointed officials of the Town
of Johnston from all loss, costs, expense and damage, 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 or 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.
B.
Excluded from indemnification. The Council hereby
specifically excludes from such indemnification any employee or official
covered by this subsection from any misstatement, error, act or omission
or neglect, if the same results from willful, wanton or malicious
conduct on the part of such covered official. It shall be the sole
province of the Council to decide whether said acts are covered or
omitted under this subsection. Covered under this subsection are payment
of counsel fees or other expenses incurred in connection with the
conduct of such defense, including payment of the judgment thereon
or any settlement or compromise thereof.
C.
Employees and officials. The public officials and/or
employees covered by the within sections are as follows:
(1)
Mayor.
(2)
Administrative assistant to the Mayor.
(3)
All members of the Town Council.
(4)
Finance Director.
(5)
Tax Collector.
(6)
Purchasing Agent.
(7)
Town Solicitor.
(8)
Assistant Town Solicitor.
(9)
Federal Coordinator.
(10)
Department heads for the Water, Sanitation and Highway
Departments.
(11)
Building Inspector.
(12)
Assistant Building Inspector.
(13)
Plumbing Inspector.
(14)
Electrical Inspector.
(15)
Tax Assessor.
(16)
Assistant Tax Assessor.
(17)
Town Clerk.
(18)
Deputy Town Clerk.
(19)
Minimum Housing Inspector.
(20)
Recreation Director.
(21)
All members of the Planning Board.
(22)
All members of the Zoning Board.
(23)
All members of the Waste Water Management Board.
(24)
All members of the Johnston Municipal Land Trust.
D.
Defense in actions. The Town shall have the duty to
provide legal representation through the Town Solicitor or, in his/her
discretion, through the selection of outside legal counsel, without
charge to the persons involved, to any Town officer or employee in
connection with any claim, suit for damages, or other action against
such person arising in connection with the performance by such officer
or employee of his or her public duties, provided that such employee
or officer may have his or her own counsel to assist in the defense,
at the expense of the employee or officer. The officer or employee
shall cooperate fully with the Town in preparation and presentation
of the case, and the failure to cooperate shall act as a waiver of
such officer's or employee's right to indemnity under this chapter.
For the purposes of this section, the term "arising in connection
with the performance by such officer or employee of his or her public
duties" shall not include any action that occurs during a period of
time in which the officer or employee is engaged in outside employment
or is rendering contractual services to someone other than the Town.
E.
Right to indemnification. Any officer or employee
who is held liable for the payment of any claims or damages, by way
of judgment or settlement, shall be entitled to indemnification by
the Town where the acts resulting in such liability were done in good
faith, without malice, and within the course and scope of employment
of the employee or officer. The Town shall not be liable for settlement
of any such claim or suit affected without its consent, and the Town
reserves the right to assert any defense and make any settlement of
any claim or suit that it deems expedient. The indemnification provided
by this section shall not be considered as other insurance for the
purpose of eliminating or decreasing the coverage provided to any
officer or employee under any contract of insurance but shall be supplemental
in nature and effective only in the event that the limits of any and
all other coverage under any and all contracts of insurance are exceeded.
Whether the acts were done in good faith, without malice, and within
the course and scope of employment shall be determined by the Town,
and such determination shall be final for the purposes of the representation
and indemnity of this section; provided, however, that, in the event
such representation and indemnity have been denied by the Town, if
upon a trial on the merits it is determined that the officer or employee
was acting in good faith, without malice, and within the course and
scope of employment, the indemnification hereunder shall be granted
and reasonable legal expenses incurred in the defense of the claim
reimbursed.