ARTICLE I
POLICY
Section 1.01 Employment At
Will
All personnel of the Town of
Section 1.02 Matter of
Information
The description of benefits or policies in this handbook does not confer any specific rights or privileges upon employees; nor does it entitle them to be or remain employed by the Town. The contents of this document are merely presented as a matter of information.
Section 1.03 Set of
Guidelines
These personnel policies and department rules and regulations shall be binding on all Town employees, but shall not create contractual rights. They are merely a set of guidelines for the implementation of personnel policies. The Town explicitly reserves the right to modify any of the provisions of these policies at any time.
Section 1.04 Third Party
Beneficiaries
These personnel policies are established as an internal device for regulating the Town’s relationship with its employees. Nothing contained herein, nor the failure of any Town personnel to adhere to Town policies, shall be deemed to confer any benefit or right of action to any third party that the third party would not have in the absence of this manual.
ARTICLE II
GENERAL PROVISIONS
Section 2.01 Purpose
The purpose of these policies is
to establish a personnel system for the Town of
Section 2.02 Coverage
These policies shall cover all types of employees except as specifically exempted. Members of the Town Council, the Town Manager, the Town Attorney, members of advisory boards and commissions are exempted except in those sections where specifically included.
Section 2.03 Merit Principle
The purpose of these policies and rules is to establish a fair and uniform system of modern personnel administration for all employees of the Town.
The Town will embrace the following merit system principles in administering its personnel program:
a. Applicants and employees will be assured of fair treatment, in accordance with all applicable laws or constitutional provisions, without regard for political affiliation, religion, creed, sex, national origin, color, race, age, or disability. Individuals will likewise be treated with proper regard for their privacy and constitutional rights as citizens.
b. Employees will be recruited, selected, trained, and advanced on the basis of their ability, knowledge, skill, and performance.
c. Employees will be retained on the basis of the adequacy of their performance and/or personal conduct. They will be guided in ways to correct inadequate performance or misconduct and will be separated from Town employment when inadequate performance or misconduct cannot be corrected.
d. Employees will be protected against coercion for partisan political purposes.
e. Employees will receive equitable and adequate pay and benefits, and eligible employees will receive merit pay increases subject to the availability of funds.
Section 2.04 Responsibility of Town Council
Pursuant to the authority conferred by Chapter 160A-164 of the North Carolina General Statutes, the Town Council will adopt general personnel policies and rules, including the framework for the classification and pay plan. Said policies and rules will promote the hiring and retention of capable, diligent, and honest employees.
Section 2.05 Responsibility
of Town Manager
These personnel policies and rules will be administered by the Town Manager. In addition, the Town Manager will assist in the preparation of any amendments to these policies and rules, the position classification plan, and the pay plan. The Town Manager will perform such other duties as may be required to administer, maintain, and support a modern personnel program. All matters dealing with personnel will be routed to the Town Manager, who will maintain a complete system of personnel files and records. The Town Manager may perform any or all of these duties and responsibilities, or may assign them to a staff employee.
The Town Manager will have the authority to issue administrative policies or operating procedures, not inconsistent with these rules, to clarify the Town’s expectations with regard to the daily operation of the Town and its personnel system.
Section 2.06 Responsibility
of Department Heads
Department Heads have the responsibility and authority to issue departmental rules and/or standard operating procedures, not inconsistent with these rules, to govern work methods, procedures, and expectations within their respective departments. Departmental rules are subject to the approval of the Town Manager and shall be modified or revoked upon his/her direction.
Department Heads, subject to the review and approval of the Town Manager, have the authority and responsibility to recruit, select, train, direct, supervise, promote, and/or discipline the employees within their respective departments.
ARTICLE III
DEFINITIONS
Section 3.01 Definitions
Unless otherwise specifically provided or unless otherwise clearly required by the context in which such words or phrases are used, the words and phrases defined below shall have the meaning indicated when used throughout these policies:
ARTICLE IV
CLASSIFICATION PLAN
Section 4.01 Purpose of Classification Plan
The position classification plan provides a complete inventory of all authorized, regular positions in the Town’s personnel system; and groups those positions into classes that share similar duties and responsibilities.
Section 4.02 Adoption of Classification
Plan
The position classification plan,
as amended from time to time, is hereby adopted for the Town of
Section 4.03 Allocation of
Positions
The Town Manager will allocate each regular position covered by the Town’s personnel system to its appropriate class in the classification plan.
Section 4.04 Composition of the Position Classification Plan
The classification plan shall consist of:
Section 4.05 Use of the Position Classification Plan
The classification plan provides the Town a uniform job classification system and terminology and is used:
Section 4.06 Administration
of the Classification Plan
The Town Manager is responsible for the administration and maintenance of the position classification plan so that it will accurately reflect the duties performed by employees in the classes to which their positions are allocated. Department Heads are responsible for bringing to the attention of the Town Manager: (1) the need for new positions; (2) the elimination of existing positions; and, (3) any material changes in the nature of duties, responsibilities, working conditions, or other factors that may affect the classification of any existing position.
When the Town Manager finds that a substantial change has occurred in the nature or level of duties and responsibilities of an existing position, the existing job classification will be revised or reallocated to the appropriate class within the classification plan.
Section 4.07 Amendment of
Classification Plan
Classes of positions may be added and deleted from the position classification plan by the Town Council upon the recommendation of the Town Manager.
Section 4.08 Reassignment
Nothing in these policies, the position classification plan, the pay plan, or the specific job description of any individual position shall be construed or interpreted to mean that there is any limitation on the part of the Town to temporarily reassign employees. Specifically, the Town Manager or a Department Head, with the Town Manager’s approval, is hereby authorized to temporarily reassign to any employee any duties which may be required to meet temporary personnel needs or to meet emergency conditions. While on such temporary assignments, the employee shall retain all rights associated with his or her regular job assignment and shall be paid at a rate no lower than his or her regular pay rate.
ARTICLE V
THE PAY PLAN
Section 5.01 Purpose of Pay
Plan
The pay plan is intended to provide equitable compensation for all positions, reflecting differences in duties and responsibilities, the rates of pay for comparable positions in private and public employment in the area, changes in the cost of living, the financial conditions of the Town, and other factors.
Section 5.02 Adoption of Pay
Plan
The schedule of salary ranges and the class titles assigned to the salary ranges, as amended from time to time, is hereby adopted as the pay plan for the Town. The pay plan shall cover all regular, authorized classes of positions included in the position classification plan.
Section 5.03 Maintenance of
the Pay Plan
The Town Manager will be
responsible for the administration and maintenance of the pay plan. In recognition of the purposes of the pay
plan, as stated in Section 5.01, the Manager will from time to time make comparative
studies of the factors affecting the levels of salary ranges and will recommend
to the Town Council any changes or adjustments to the salary ranges that appear
to be warranted.
Section 5.04 Use of
Salary ranges are intended to provide administrative flexibility in recognizing that employees holding positions in the same class may perform at somewhat different levels. The following general provisions will govern the placement of employees within the pay ranges:
a. Entrance Rate: The entrance rate of pay for a new employee is normally the first step of the pay range associated with that employee’s classification. However, appointment above the minimum step may be made with the approval of the Town Manager when deemed necessary and in the best interests of the Town. Above-the-minimum appointments will be based on such factors as the qualifications (such as education, training, and prior experience) of the applicant being higher than the established minimum qualifications for the classification, a shortage of qualified applicants available at the minimum step, the reluctance of qualified applicants to accept employment at the minimum step, or other similar factors.
Section 5.05 Payment At
Listed Pay Rate
Each employee that is covered by the pay plan will be paid at a rate within the salary range established for his or her respective job classification, with the exception of an employee in a “trainee” status or an employee whose present salary is above the established maximum rate for his or her classification because of demotion, reclassification, or the transition to a new pay plan.
Section 5.06 Salary of
Trainee
An applicant hired or an employee promoted to a position in a higher class, who does not meet all of the established requirements of the position, may be appointed at a rate in the pay plan below the minimum established for the position. In such cases, a plan for training, including a time schedule, will be prepared.
A trainee’s pay rate may be no more than 5% below the minimum pay rate established for the position for which the person is being trained. An employee will remain in trainee status until the Department Head determines that the trainee is qualified to assume the full responsibilities of the position. The Department Head will review the progress of the trainee on a monthly basis, or more frequently as necessary, to determine when the trainee is qualified to assume the full responsibilities of the position. Provided, however, that a trainee shall not be in such status for longer than six months.
An employee in a trainee status will be considered a probationary employee. However, the time spent as a probationary trainee will not reduce the probationary time normally required of an employee who has assumed the full responsibilities of a position. That required probationary period is discussed in Section 6.12.
Section 5.07 Pay for
Part-Time Work
The pay plan established by this policy is for full-time, regular service. The rate of pay for an employee who has been appointed for less than full-time or regular service will be an hourly rate within the pay range established for the appropriate job classification.
Section 5.08 Overtime
To the extent that local government jurisdictions are so required, the Town will comply with the Fair Labor Standards Act (FLSA).
The Town Manager, following FLSA regulations, will determine which jobs are “non-exempt”, and are therefore subject to the Act in areas such as hours of work, work periods, work rates, rates of overtime compensation, and other provisions. A non-exempt employee will be paid at a straight time rate for hours up to the FLSA-established limit for the employee’s position (usually 40 hours in a seven-day period). Hours beyond the FLSA-established limit will be compensated in the appropriate manner as outlined in the following paragraph. In determining eligibility for overtime in a work period, only those hours actually worked will be considered.
Whenever practicable, departments will schedule time off on an hour-for-hour basis within the applicable work period for non-exempt employees in order to minimize the payment of overtime. When time off within the work period cannot be accommodated, the overtime hours worked will be paid at a time-and-one-half rate or taken as compensatory time at a time-and-one-half rate, in accordance with FLSA regulations.
Overtime work must be of an unusual, unscheduled, or emergency nature and be directed or authorized by the Department Head or authorized representative of the Department Head.
Employees in positions determined to be “exempt” from FLSA (as Executive, Administrative, or Professional staff) will not receive pay for hours worked in excess of their normal work periods. Exempt employees will work the number of hours necessary to assure the satisfactory performance of their duties. Those employees may be granted occasional compensatory leave by their Department Heads or the Town Manager as work demands and schedules may allow.
Section 5.09 Work Hours
The normal schedule of hours for an employee will consist of eight hours per day, five days a week, except where there is a continuous, twenty-four-hour operation. Subject to the approval of the Town Manager, each Department Head will establish the specific work hours and work schedules within his or her department.
The administrative offices of the Town will be open to the public from 8:00 a.m. to 5:00 p.m., Monday through Friday, with the exception of observed holidays. The Police Department and Emergency Services will be open and in operation at all times.
When the activities of a particular department require some other schedule to meet work needs, the Town Manager may authorize a deviation from the normal work schedule.
In the event of extreme weather or an emergency situation, the Town Manager will decide which, if any, of the Town’s offices and facilities will close. The Town Manager will also determine whether to compensate, or the method of compensation, for Town employees who may not have worked during the severe weather or emergency.
Section 5.10 Work Period
The work period is defined as seven consecutive days. Full-time, non-exempt employees (other than Police Department and Emergency Services employees) will normally work five eight-hour days per work period and are subject to the overtime provisions set forth in Section 5.08 after 40 hours worked in a work period.
Police Department employees’ work schedules will be established and maintained in accordance with FLSA and work periods will be set as 28 consecutive days. Non-exempt police officers, regardless of rank, are subject to overtime after 171 hours of work over 28 consecutive days.
Emergency Services employees’ work schedules will be established and maintained in accordance with FLSA and work periods will be set as 28 consecutive days. Non-exempt Emergency Service employees are subject to overtime after 212 hours of work over 28 consecutive days.
Section 5.11 Compensatory
Time
Compensatory time-off will be granted whenever feasible and must be taken within thirty days of the workweek in which it was earned. In accordance with the FLSA, the compensatory time will be taken at the rate of one and one-half hours of compensatory time for each hour of overtime worked. Compensatory time not taken within the 30-day period will be paid as overtime pay. The Town Manager, however, is authorized to permit the carry-over of compensatory time beyond the thirty-day period when it is in the best interests of the Town to do so.
Section 5.12 Standby Duty
The nature of several jobs performed by Town employees requires that those employees be on standby duty. Standby duty means that those employees will be available and ready to work in emergencies or other situations requiring immediate attention. Such standby duty is an integral part of the routine duties and responsibilities of some jobs. As such, compensation for standby duty is included in the base salary for those jobs.
In the event that employees on stand-by duty are called in to perform assigned duties outside of normal working hours, they will receive compensation in accordance with the call-back provisions and overtime provisions of this policy.
An employee on standby duty who cannot be located to perform his or her duties in the event of a call-back will be subject to disciplinary action.
Section
5.13 Call-Back Pay
Any Town employee eligible to receive compensation under this policy will receive a minimum payment of two hours’ wages for being called back to work outside of normal working hours.
Section 5.14 Maintenance of
Pay Records and Payroll
The Personnel Officer will maintain a list of personnel who are exempt from the overtime provisions of the FLSA. Detailed records of hours worked are not required for exempt personnel. Such personnel will have their hours certified by the Town Manager.
All other personnel are non-exempt employees and are eligible for overtime in accordance with the provisions of the FLSA. Non-exempt employees are required to maintain and sign detailed records of hours worked for the purposes of computing overtime. The supervising Department Head will certify the hours worked by the non-exempt employees under his or her supervision.
Town employees will be compensated for service by the issuance of a payroll check. Payroll checks are issued bi-weekly (every two weeks) and are normally payable on Thursday. Employees will be notified of any change in the payroll schedule.
Section 5.15 Volunteer
Service
The Town encourages and will permit an employee to participate as a member of a volunteer service to the extent that such activities do not interfere with the employee’s responsibilities and job requirements for the Town. However, in accordance with FLSA regulations, no non-exempt employee will be required or will be allowed to volunteer his or her time to the Town where he or she would be performing the same or similar work to his or her regular work duties.
Section 5.16 Merit System
When the quality of an employee’s performance is worthy of special recognition, the merit system provides a method by which the employee may be rewarded with a pay increase for that performance. Exceptional job performance, as recognized by a merit pay increase, is the only way for an employee to move up through the salary range assigned to his or her job classification. The annual employee performance evaluation process will prescribe the standards that govern the rewarding of merit increases. Meeting the required minimum performance standards for a position is expected of all employees and is not considered exceptional.
A merit pay increase of up to 2.5%, except as otherwise provided, may be granted to an employee, with the approval of the Town Manager, in accordance with the following provisions:
a. An employee who successfully completes the probationary period may receive up to a 5% increase in his or her pay rate. However, a Police Officer, serving a 12-month probationary period, may receive a 2.5% increase at the end of the first six months and another 2.5% increase at the end of the probationary period. After completion of the probationary period, an employee is eligible for a merit increase annually thereafter.
b. A promoted employee may be eligible for a merit increase after a year of continuous service from the effective date of the promotion;
c. Any such merit increase may not exceed the established maximum salary for the employee’s job classification;
d. Merit pay increases are to be added to an employee’s base pay rate or base annual salary.
e. Improper use of the performance evaluation to obtain a merit pay increase, including the falsification of information, will be grounds for disciplinary action.
f. Merit pay increases are limited by the funds that may be available and appropriated by the Town Council.
Merit pay increases will not be awarded automatically. When an employee’s productivity, behavior, attendance, or work quality need to be improved, the Department Head will deny a merit increase, subject to the approval of the Town Manager; and the employee will be told of the areas in which improvements need to be made.
The Town wants to encourage its employees to continue to grow in their chosen profession and to reach their full potential. Some professions provide for in-depth training to enable practitioners to develop increased knowledge and skill in their profession. Successful completion of such courses of study is recognized by certification. Professional organizations and/or regulatory bodies award such certifications after completion of an outlined course of study and successful completion of an examination. Town employees who obtain such certification(s): 1) directly related to the area in which they are employed and 2) which certification is above that required in order for them to perform the required duties of their position with the town; may receive a salary adjustment based on course requirements with the amount set by the Town Manager in the month following the receipt of the certification.
The employee’s department head
(and the Town Manager) must approve the course of study in advance to ensure
compliance with the spirit of this policy. State-sanctioned certifications may
include police, fire, emergency services, water, wastewater, building
inspections. Professional certifications may include APA (American Planning
Association), University of North Carolina-Chapel Hill Institute of Government
Course completion (i.e., Tax Collection, Finance, Clerk, Zoning or Personnel)
or ITRE (
Section 5.17 General Pay Plan
Adjustments
The Town reserves the right to make general adjustments to the pay plan from time to time. Generally, such adjustments will be based on market considerations, such as the general condition of the economy, the cost of living, comparative rates of other jurisdictions and the private sector, and the financial condition of the Town.
General adjustments may be up or down, and may affect all position classifications or selected classifications. The pay rate of individual employees may or may not be affected by the general adjustments.
Section 5.18 Payroll
Deductions
Only those payroll deductions specifically mandated by federal, state, or Town regulation, or specifically authorized by the Town Manager, may be deducted from an employee’s payroll account.
ARTICLE VI
RECRUITMENT AND EMPLOYMENT
Section 6.01 Equal Employment
It is the policy of the Town of
Section 6.02 Recruitment
Opportunities for employment may be publicized, including appropriate job descriptions, applicable salary ranges, and employment qualifications. Information on job openings and hiring procedures will be provided to recruitment sources serving the appropriate labor market. Individuals will be recruited from a geographic area as wide as necessary to assure that well-qualified applicants are obtained for Town service.
It is the policy of the Town to advertise regular employment opportunities at least once in a local newspaper; and to post notices of such opportunities on the public bulletin board in Town Hall. Except in emergency situations, no positions will be filled until three days have elapsed after the publication of said notices. Temporary and part-time positions may be filled without prior publication or notice.
In accordance with Section 6.17, promotional positions may not necessarily be advertised to the general public upon authorization by the Town Manager.
Section 6.03 Job
Announcements
Employment announcements on behalf of the Town will contain the phrase “An Equal Opportunity Employer (EOE)”, and will comply with all applicable federal and state statutes prohibiting discrimination in employment matters.
Section 6.04 Applications for
Employment
All persons expressing interest in employment with the Town will be given an opportunity to file an application for employment when a position is vacant or when the Town is advertising to fill a position. Applications will remain active for a period of six months.
Inaccurate, false, or misleading information provided on an application will be sufficient grounds for the Town to reject the applicant prior to appointment; or will be sufficient grounds for appropriate disciplinary action, up to and including dismissal, if the error is discovered following appointment.
Section 6.05 Application
Reserve File
After the active period of six months, as provided in Section 6.05, applications will be kept in a reserve file for a period of two years in accordance with guidelines established by the Equal Employment Opportunity Commission and the Uniform Records Retention Schedule issued by the North Carolina Division of Archives and History.
Section 6.06 Review of
Applicants
Department Heads will conduct such interviews or examinations as deemed appropriate to assess fairly the relative aptitude, knowledge, skills and abilities, education, experience, character, and other qualifications possessed by an applicant for a vacant position. After obtaining a release form signed by the applicant, a Department Head may make suitable inquiry of employers, educational institutions, and character references to verify the statements made by the applicant or to determine the qualifications of the applicant. The selection process to be used by a Department Head in the filling of a vacancy must be reviewed and approved by the Town Manager.
Section 6.07 Qualifications
and Standards
Prospective employees must meet the employment standards and requirements for a vacant position as outlined in the job description for that position, as well as such other reasonable, job-related minimum standards of character, aptitude, knowledge, skills, abilities, and physical condition as may be established by the Town Manager with the advice and recommendations of Department Heads.
Section 6.08 Preference for
Existing Employees
It is the Town’s policy to create career opportunities for its employees when possible. Therefore, when a current regular employee possesses qualifications for a vacant position that are deemed to be equal to or better than the qualifications possessed by the other top candidates, the current employee should be appointed to that vacant position.
Section 6.09 Medical
Examination
Upon the recommended appointment of an applicant to a full-time position, a pre-employment medical examination may be administered to the prospective employee at the expense of the Town. This examination is to assure that the prospective employee can perform the required duties of the position without threat of harm or injury.
Section 6.10 Appointment
Upon completion of the selection process, the Department Head will recommend a prospective employee to fill the vacant position. Upon approval by the Town Manager, the appointment will be effective.
Section 6.11 Probationary
Period
The probationary period is considered to be a continuation of the selection process. It will be used for closely observing the employee’s work, for providing the employee with an opportunity to adjust to the new position, and for rejecting an employee whose performance is not satisfactory.
An employee, following an original appointment or re-appointment to a permanent position, will serve a probationary period of six months, except that police officers will serve a probationary period of twelve months. Any such employee may be dismissed at any time during the probationary period upon written notice, approved by the Town Manager, from the Department Head to the employee. Any such dismissal will not be subject to appeal.
Any regular employee, who is
transferred or promoted to another permanent position with the Town, will serve
a six-month probationary period in that new position. If the employee does not perform
satisfactorily in that new position during the probationary period, he or she
will be reinstated to the previous position, if the previous position still
exists. If the previous position does
not exist, then the employee’s status will be governed by the Town’s
reduction-in-force (
In unusual cases, and for specific reasons approved by the Town Manager, the probationary period may be extended for a maximum period of six additional months. In such cases, the employee will be notified of the purpose of the extension, the length of the extension, and the performance expectations.
Section 6.12 Probationary
Evaluation
During the probationary period, the Department Head of the employee serving in a probationary status will monitor the progress of the employee and will discuss with the employee his or her performance. Through open communication, the employee should receive a clear understanding of what is expected related to job performance and a periodic assessment of his or her job strengths and weaknesses.
Before the completion of the probationary period, the Department Head will make a written recommendation to the Town Manager with regard to whether the employee should be retained in his or her position as a regular-status employee, transferred, demoted, dismissed, or whether the probationary period should be extended, if possible.
Section 6.13 Regular Status