MUNICIPAL PERSONNEL
TITLE 4
MUNICIPAL PERSONNEL
CHAPTER
1. SOCIAL SECURITY.
2. PERSONNEL REGULATIONS.
3. OCCUPATIONAL SAFETY AND HEALTH PROGRAM.
4. TRAVEL REIMBURSEMENT REGULATIONS.
CHAPTER 1
SOCIAL SECURITY
SECTION
4-101. Policy and purpose as to coverage.
4-102. Necessary agreements to be executed.
4-103. Withholdings from salaries or wages.
4-104. Appropriations for employer’s contributions.
4-105. Records and reports.
4-106. Exemptions from coverage.
4-101. Policy and purpose as to coverage. It is hereby
declared to
be the policy and purpose of this town to provide for
all eligible employees and officials of the town, whether employed in
connection with a governmental or proprietary function, the benefits of the
system of federal old age and survivors insurance. In pursuance of said
policy, and for that purpose, the town shall take such action as may be
required by applicable state and federal laws or regulations. (1989 Code, ?
1-1101)
4-102. Necessary agreements to be executed. The mayor is
hereby authorized and directed to execute all the necessary agreements and
amendments thereto with the state executive director of old age insurance, as
agent or agency, to secure coverage of employees and officials as provided in
the preceding section. (1989 Code, ? 1-1102)
4-103. Withholdings from salaries or wages. Withhold-ings
from the salaries or wages of employees and officials for the purpose provided
in the first section of this chapter are hereby authorized to be made in the
amounts and at such times as may be required by applicable state or federal
laws or regulations, and shall be paid over to the state or federal agency
designated by said laws or regulations. (1989 Code, ? 1-1103)
4-104. Appropriations for employer’s contributions.
There shall be appropriated from available funds such amounts at such times as
may be required by applicable state or federal laws or regulations for
employer’s contributions, and the same shall be paid over to the state or
federal agency designated by said laws or regulations. (1989 Code, ? 1-1104)
4-105. Records and reports. The recorder shall keep such
records and make such reports as may be required by applicable state and
federal laws or regulations. (1989 Code, ? 1-1105)
4-106. Exemptions from coverage. There is hereby
exempted from this chapter any authority to make any agreement with respect to
any position, any employee or official not authorized to be covered by
applicable state and federal laws or regulations. (1989 Code, ? 1-1106)
CHAPTER 2
PERSONNEL REGULATIONS
SECTION
4-201. General employment conditions.
4-202. Code of conduct.
4-203. Employee benefits and programs.
4-204. Disciplinary actions, grievances, and appeals.
4-205. Separation from employment.
4-206. Personnel rules and records.
4-207. Employee safety.
4-201. General employment conditions. (1) Personnel
policy statements. It is the policy of the Town of Oliver Springs to:
(a)Attract and retain employees of the highest caliber.
(b)Select employees based upon ability, experience,
training, character and mental and physical fitness without regard to race,
creed, age, color, religion, sex or national origin.
(c)Develop competent supervisors, respect the individual
rights of each employee, and treat all employees with courtesy, dignity and
consideration.
(d)Compensate each employee by payment of a fair and
competitive wage for work performed.
(e)Provide paid vacation, holidays and other appropriate
benefits for all eligible employees.
(f)Provide facilities, services and otherwise encourage
employees toward attaining economic security.
(g)Insure each employee the right to discuss freely with
management, any matter concerning either his own or the town’s welfare.
(h)Make prompt and appropriate response to any
complaints which may arise.
(i)Make opportunities available for training,
development and advancement consistent with individual ability and
performance, and the needs of the town.
(j)Promote employees based upon ability and performance
with due regard to length of service.
(k)Promote from within the town organization when
circumstances permit.
(l)Provide modern health and safety services for
protection and physical security.
(m)Provide for secure employment to the extent possible.
(n)Give full consideration to the employment of
handicapped persons in positions they are qualified and able to perform.
(o)Encourage individual acceptance of responsibility and
outstanding performance of public service.
(2)Communication. Open and honest communication is
essential to organizational success. Two-way communication is important to
harmonious and productive working relationships. Supervisors and employees are
encouraged to use their daily communications to enhance performance and
productivity.
(3)Basic responsibilities. Each employee of the town has
certain basic responsibilities to the organization and to the taxpayers of the
town to:
(a)Come to work regularly and on time.
(b)Do assigned work well.
(c)Take care of town property and materials.
(d)Find ways to do assigned work more efficiently.
(e)Maintain and improve the quality of work performance.
(f)Work with others as a team.
(g)Observe the Code of Conduct contained in ? 4-202 in
all aspects at all times.
(4)Hours of work. Unless otherwise directed, employees
will report to work at 8:00 A.M., and conclude their work day at 4:30 P.M.
Hours of work for each employee are as assigned by his/her department head.
(5)Breaks. Employees are provided a period of one-half
hour for lunch, and other breaks and rest periods as determined by the
department head.
(6)Absenteeism. It is expected that each employee will
arrive at work on time, and work a full day. Any absence not relating to
sickness must be approved in advance by the department head, and other than
annual leave, or funeral leave, shall be charged to the employee. If an
employee is going to be absent from work because of sickness, he/she must
notify the department head during the first hour following his/her starting
time. If the employee has not accumulated sick leave, then the day’s pay is
withheld from his/her paycheck. A department head may suspend an employee who
is absent on two consecutive days without good reason, or an employee who
develops a pattern of chronic absenteeism.
(7)Tardiness. It is expected that each employee will
report to work on or before his/her starting time on a regular basis. No
employee may clock in for another employee; doing so shall result in immediate
suspension. Any employee who is frequently tardy for work shall be suspended.
(8)Performance reviews. All employees will be reviewed
on the progress of their work. Reviews are conducted at the end of the first
90 days of employment, and annually thereafter.
(9)Pay period. The town takes certain payroll
deductions. These include federal withholding and social security
contributions for all employees, and deductions for insurance.
(10)Overtime. Overtime is given at employee’s hourly
rate only for work performed before or after the regular work day begins;
however, this work must be approved in advance by the department head for
hours over a 40-hour week. Simply clocking in early or clocking out late is
not considered overtime. Overtime hours on the time card must be initialed by
the department head. Time cards are kept by department heads. They are
responsible for computing the worker’s time and for completing time cards each
week. Time cards must be initialed by the department head before they are
given to the treasurer for payment. The department head is held accountable
for time for which employees are paid.
(11)W-4 forms. All new employees must complete a W-4
form indicating how many exemptions they wish to declare for income tax
purposes. This should be returned to the town’s office manager or the
treasurer.
(12)Probationary period. All new employees are hired on
a 90-day trial probationary period, except when waived by the council. When a
person is hired, his/her salary or wage shall be set by the comprehensive pay
plan for the position hired. After the 90-day probationary period, the town
administrator as head of public works, and the police chief as head of public
safety, shall recommend to the town council full time employment, continued
probationary period, or termination of probationary employee under their
authority.
During the probationary period, the employee will be
counseled and given on-the-job training where necessary. He/she will be
evaluated twice during this period. The first evaluation will consist of an
oral interview with his/her department head, at which time the department head
will give the employee a written evaluation on his/her performance. The mayor
and council will evaluate new department heads in the same manner.
The second evaluation will occur at the end of the
90-day probationary period. The department head will discuss his evaluation
with the employee, and then make a recommendation to the town council. At the
direction of the town council, a second 90-day probationary period may be
given. If this is done, a third evaluation will be conducted at the end of the
second 90-day probationary period in the same manner.
Following an employee’s acceptance as a regular full
time employee, he/she shall be evaluated at least once each year by the
department head. The town council will evaluate department heads at least once
each year. A successful evaluation will form the basis for continued
employment. A copy of the evaluation will be given to the employee each time
he/she is evaluated.
(13)Responsibility for town property. If an employee is
found to be responsible for the cause of damage to any town property, then the
employee shall be held accountable and liable for all costs and expenditures
necessary to replace or restore the property to its condition prior to the
damage. (1989 Code, ? 1-1201)
4-202. Code of conduct. (1) Policy statement. All
employees are expected to understand that they are public service employees,
and to conduct themselves in accordance with the following general
requirements.
(a)Employees shall in no way act in any manner which may
discredit the town government, public officials or fellow employees.
(b)Employees shall avoid conduct and speech that is
subversive to good order and discipline. They shall treat each other with the
utmost courtesy and respect and, at all times, refrain from making any
derogatory or demeaning remarks concerning each other.
(c)Employees shall direct and coordinate their efforts
to establish and maintain the highest level of efficiency, morale, and
achievement.
(d)Employees shall conduct themselves in such a manner
as to bring about the greatest harmony among the various units in the town.
(e)Employees shall avoid conduct and speech which
criticizes town departments, divisions, offices, its policies, program,
actions, or officers, ridicules or interferes with the reasonable supervision
or proper discipline of the town.
Each employee is responsible for knowing the town’s
policies and procedures governing the conduct of employees, and for abiding by
the code in all respects.
(2)Restrictions and prohibitions. There are specific
restrictions and prohibitions on employee actions and conduct that apply in
the following areas: (a)Outside employment. No employee of the town may engage
in additional employment outside the official hours of duty unless approved by
the department head and the mayor. This decision is to be made with
appropriate consideration of the following factors:
(i)Compatibility with the employees position.
(ii)Community relations.
(iii)Impairment of efficiency in town job.
(b)Conflict of interest. Town employees who may be in a
position to influence town decisions and actions shall refrain from
relationships, which may adversely affect the exercise of their independent
judgment in dealing with town suppliers of goods or services.
(c)Political activity. No town employee shall seek or
accept election to town office, unless he or she has first resigned his
position as an employee of the town. No town employee shall solicit campaign
contributions, or engage in or actively participate in any municipal political
campaign while on the job.
(d)Use of town property. An employee, who is provided
any town-owned equipment in order to perform his job, is expected to exercise
care in the keeping and use of the equipment, and shall return the property
upon the request of his department head or the mayor. In all cases, the
employee shall return equipment upon termination of employment. Personal use
of town-owned equipment, materials, tools, supplies, etc., is not permitted
under any circumstances. Such use constitutes grounds for disciplinary action
including termination of employment.
(e)Promotion of private business on town property. No
town employee may promote private business for gain within or upon any town
building or property, or while on duty as a town employee.
(f)Disclosure of information. Official information
obtained in the course of employment with the town shall only be released by
those employees specifically charged with the responsibility for doing so.
(g)Gifts and gratuities. No town employee shall use his
position with the town to obtain any special preference or favor. No town
employee shall accept any loan, advance, gift, gratuity, favor or
entertainment from a supplier, bidder, or other individual or business doing
business with or having a business interest in town government. Such
acceptance constitutes grounds for disciplinary action, including termination
of employment.
(h)Personal mail, calls, visitors. No town employee
shall use the resources of the town to handle and distribute personal mail. No
town employee shall use town stationery or postage for personal business.
Personal phone calls and the receiving of personal visitors on town time must
be kept to a strict minimum.
(i)Dress and appearance. Determination of dress and
personal appearance standards is a supervisory responsibility, and shall be
determined by the department head.
(j)Indictments. A town employee shall notify his
department head and the mayor when information has been filed by a prosecuting
official against him/her for an offense or violation of the law, or when he
has been indicted by a grand jury. The department head may choose to reassign
the employee, or initiate disciplinary action including termination, upon
receiving such information. Failure of the employee to notify shall result in
disciplinary action.
(k)Incarceration. A town employee shall notify his
department head and the mayor should he/she be incarcerated. The department
head may initiate disciplinary action including termination, upon receiving
such information. Failure of the employee to notify shall result in
disciplinary action.
(l)Drugs and alcohol abuse. The use of alcohol and/or
controlled substances per Tennessee law on town property and/or on town time
by an employee shall result in disciplinary action including the possibility
of termination. The sale of alcohol or controlled substances or its possession
on town property and on town time by an employee shall result in disciplinary
action including the possibility of termination.
(m)Driving records. An employee who is required, as a
condition of employment, to possess and maintain a valid Tennessee driver’s or
chauffeur’s license must immediately advise his/her department head should his
license become denied, expired, restricted, suspended or revoked. Periodic
checks of employees’ driving records may be conducted by the town to assure
adherence to this policy.
(n)Family employment restrictions. No member of any
employee’s family shall be hired to work within the same town department,
unless formally approved by the town council. This includes both blood and
marital relations.
(o)Use of town vehicles. No employee shall use a town
vehicle, other than during normal working hours, unless specifically
authorized to do so by the department head prior to the vehicle’s use. No
employee shall use a town vehicle to commute to and from work unless
specifically authorized to do so by the town council prior to the vehicle’s
use.
(p)Personnel records. Each employee is responsible for
keeping the town advised of any information changes such as name, address,
telephone number, change of beneficiary, training or course work completed,
etc. The town shall not be held liable when incorrect withholding, wrong
beneficiaries or loss of employee benefits result from the failure of any
employee to keep personnel records current.
(q)Sexual harassment. Sexual harassment is a violation
of Title VII of the Civil Right’s Act of 1964, and is expressly prohibited by
the town. Sexual harassment is defined as any sexually oriented word, deed, or
practice that endangers an employee’s job, undermines an employee’s job
performance, threatens an employee’s livelihood, or creates a hostile work
environment. Sexual harassment includes any word or action which involves
implicit or explicit coercive sexual behavior to control, influence or affect
the career, salary or priorities of another person. Employees have the right
to circumvent the chain of command in selecting the person to whom to make a
complaint of sexual harassment.
Complaints may be made orally or in writing to the
employee’s immediate supervisor, the employee’s department head, the town’s
equal opportunity officer, the town administrator or the mayor.
The town administrator is the person designated by the
town to investigate complaints of sexual harassment. In the event the sexual
harassment complaint is against the town administrator, then the mayor shall
designate another employee to be the investigator. The investigator shall,
upon receiving a complaint of sexual harassment, immediately act to obtain all
of the facts of the situation, including written statements from the
complainant, witnesses and the person against whom the complaint has been
filed. The investigator shall, in an expeditious manner, prepare a written
report and submit it to the town council. The town council shall then consider
the situation, as it would any other matter brought to it under the
disciplinary action procedures of this town.
Employees are not only encouraged to report instances of
sexual harassment, they are obligated to do so. Sexual harassment exposes the
town to liability, and a part of each employee’s job is to reduce the town’s
exposure to liability.
Employees are obligated to cooperate in every
investigation of sexual harassment. The obligation includes, but is not
necessarily limited to, coming forward with evidence, both favorable and
unfavorable to a person accused of sexual harassment; fully and truthfully
making a written report or verbally answering questions when required to do so
by an investigator, including the mayor, during the course of an investigation
of sexual harassment.
Employees are also obligated to refrain from making bad
faith accusations of sexual harassment.
Disciplinary action may also be taken against any
employee who fails to report instances of sexual harassment, or who fails to
or refuses to cooperate in the investigation of a complaint of sexual
harassment, or who files a complaint of sexual harassment in bad faith.
(3)Disciplinary action. The violation of any provision
of the town’s code of conduct, including any of the preceding restrictions and
prohibitions, constitutes a basis for the town to exercise disciplinary
measures up to and including dismissal. In all cases disciplinary actions
shall be consistent with the nature and severity of the offense, the rank of
the employee and any other factors pertinent to fair, just and official
administration of town government, including, but not limited to, the effect
of the offense on employee morale, public perception of the offense, and the
town’s reputation and good name. Disciplinary action shall be decided upon on
a case-by-case basis, and a written record of every disciplinary action shall
be made and retained, including verbal reprimands. (1989 Code, ? 1-1202)
4-203. Employee benefits and programs. (1) Annual leave.
All full time personnel shall receive annual leave in the following manner:
0 to 1 year of employment 1 week/year
2nd thru 5th year of employment 2 weeks/year
6th thru 10th year of employment 3 weeks/year
over 10 years of employment 4 weeks/year
Annual leave shall be credited to an employee’s account
on January 1st of each year. However, an employee is not eligible to use
annual leave credits until completion of six (6) full months of employment.
Annual leave benefits
may be taken the day after the employee’s six (6) month
anniversary date.
All employee’s will schedule vacation for the year by
January 31st of each year.
The minimum leave time which shall be granted is 1/2
day. Every employee must take at least 5 consecutive days of vacation each
year. An employee may schedule all earned vacation to be taken at one time if
he or she chooses.
Annual leave may be used for the following purposes:
EVacation.
EAbsence to transact personal business which cannot be
conducted during off-duty hours.
Vacation leave shall be scheduled based primarily on
employment seniority within each department.
While the supervisor shall attempt to schedule vacation
at the time most desired by the employee (in order of seniority) the final
right of allotment or change of vacation is reserved to the department head.
It is recommended that each employee take all of his or
her credited vacation each year. Under certain circumstances an employee may
wish to carry over unused leave from year to year. An employee may do this up
to a total leave accumulation of 30 days. All leave accumulated in excess of
30 days shall be lost on December 31st of each year. On occasion, an employee
may not wish to take all of his or her leave or carry all unused leave over to
the following year. In this case, an employee may be paid for unused vacation
each year.
Requests for leave must be submitted and approved by the
employee’s immediate supervisor prior to the actual taking of leave when leave
dates are arranged in advance, and immediately upon return when unexpected
annual leave is approved by the supervisor. Violation of this policy could
result in unauthorized absence and subsequent loss of pay and/or disciplinary
action. The official record of annual and sick leave credit is maintained by
the town’s office manager.
It shall be the employee’s responsibility to report any
discrepancy in leave totals to the town’s office manager.
(2)Sick leave. Sick leave shall be earned and credited
to an employee at the rate of 8 hours per month. However, an employee is not
eligible to use sick leave credits until completion of three (3) months
employment. There is no limit on the amount of sick leave which may be
accumulated by an employee.
Each employee shall submit a request for sick leave to
his/her supervisor for approval either prior to use of sick leave, where
medical appointments are known in advance, or immediately upon return to duty
from an unexpected illness.
Sick leave taken shall be recorded in hours. When sick
leave credits are inadequate to cover absences due to the employee’s illness,
the time off shall be charged to leave without pay, unless the employee’s
specifically requests
that annual leave credits be used.
(3)Holidays. The town provides each full-time employee
eight (8) paid holidays per year.
Holidays that fall on Saturday shall be taken on the
preceding Friday. Holidays that fall on Sunday shall be taken on the following
Monday.
To be eligible for holiday pay an employee must be on
the active payroll for the scheduled workday preceding and the scheduled work
day succeeding the holiday.
Holiday pay shall be awarded for the day the holiday is
observed according to town council designation.
The following are authorized as official holidays: New
Years Day; Martin Luther King Day; Good Friday; Memorial Day; July 4th; Labor
Day; Veterans Day; Thanksgiving Day and the day after Thanksgiving; Christmas
Eve and Christmas Day.
(4)Funeral leave. An employee will be granted and paid
his regular rate of pay for any or all of three (3) regularly scheduled work
days during the period beginning with the death and ending with the day of the
funeral of his/her immediate family. A member of the immediate family shall be
defined as and limited to the following: spouse, children, father, mother,
brother, sister, step-parents, step-brother, step-sister, father-in-law,
mother-in-law, and grandparents of employees.
(5)Insurance. Health and dental insurance is available
to full-time employees of the town on an optional basis. If an employee elects
to participate in the town’s group policy, the town will pay 100% of the total
premium for health, dental and life insurance coverage for the employee. An
employee may also elect to receive coverage for his/her family, in which case
the total premium for family coverage will also be withheld from the
employee’s paycheck on a weekly basis. (1989 Code, ? 1-1203, as amended by Ord.
#89-15-06D, _____, and Ord. #99-04-11, Nov. 1999)
4-204. Disciplinary action, grievances and appeals. It
is the intent of the town to provide effective management and supervision, as
well as positive employer/employee relations. To accomplish this, the town has
established and implemented specific formal procedures for disciplinary
actions, grievances and appeals.
(1)Disciplinary action (Excluding police department and
animal control officer, who are governed by departmental policies and
procedures.)
(a)Policy. Whenever an employee’s performance, attitude,
work habits, or personal conduct falls below a desirable level, the department
head shall inform the employee promptly and specifically of such lapses and
shall give him/her counsel and assistance. If appropriate and justified, a
reasonable period of time for improvement may be allowed before initiating
disciplinary action. In some instances, a specific incident in and of itself
may justify severe initial disciplinary action; however, the action to be
taken depends on the seriousness of the incident and the whole pattern of the
employee’s past performance and conduct.
Acceptable disciplinary actions may, depending upon the
circumstances, include, but are not limited to:
-Verbal warning.
-Written warning.
-Written reprimand.
-Special probation.
-Suspension.
-Dismissal.
The following are examples of major offenses, and under
the town’s policy constitute sufficient grounds for an employee’s dismissal
without regard to the employee’s length of service, prior conduct, or
performance record:
-Insubordination.
-Physical harm/assault.
-Theft or pilfering.
-Malicious or wilful destruction of town property.
-Fraud or dishonesty.
-Drug/alcohol abuse.
-Violation of law.
-Conflict of interest.
-Sexual harassment.
(b)Procedures. Disciplinary action shall follow the
organization chart of the Town of Oliver Springs. The town administrator as
head of public works, and the police chief as head of public safety, shall
have full authority and responsibility for all employees in their respective
departments. Disciplinary action for employees in public works and public
safety, shall be as follows:
An employee not performing satisfactory duties will be
first informed of this by the department head orally. If the unsatisfactory
performance continues, the department head will make a report for the employee
file and give the employee a copy of the report. The department head and the
employee will discuss this and attempt to make corrections through advice,
retraining, or adjustment in work requirements. If unsatisfactory performance
continues, the department head will be required to issue a reprimand to the
worker in writing, stipulating the areas of deficiency.
If the problem persists, the department head may suspend
the employee for not less than one (1) day, nor more than thirty (30) days,
without pay and again give the employee a reprimand in writing. If the
situation does not improve, the employee shall be suspended a second time for
thirty (30) days without pay with a reprimand in writing issued to the
employee. If the situation still does not improve, the employee will be asked
to appear before council to explain why deficiencies have not been remedied
and why his/her performance is not up to par.
At this point, it will be up to the council to decide
whether to retain the employee on probation or dismiss him/her. If the
employee is retained, the council will issue specific conditions and
requirements which must be met by the employee in a time period determined by
the council. The department head will report back to council at the end of
this period to give a report on the employee.
If the department head dismisses the employee, he/she
may request a special hearing before the council to have his/her case
reviewed. The decision of the council will be final. The reasons for dismissal
will be presented to the employee in writing.
A different and specific sequence of actions is
presented in ? 4-202(2)(q) for disciplinary procedures related to sexual
harassment complaints.
Disciplinary action concerning the town administrator
and/or the police chief, as heads of their respective department shall be as
follows:
The town administrator shall serve at the pleasure of
the town council; the police chief, per town charter, may be removed from
office only for cause.
As the town’s chief executive officer, the mayor shall
have general supervision of all municipal offices and shall have disciplinary
authority over the town administrator and police chief. Disciplinary action
may be taken by the mayor against the town administrator or police chief under
the same rules governing all town employees, up to and including, thirty (30)
day suspensions. Since the town administrator and police chief are
administrative positions, which require professionally trained personnel, oral
reprimand only shall be required prior to suspension. Any suspension of the
town administrator or police chief, shall be heard by council within five (5)
days. Council may uphold the suspension or return the suspended party to work
with backpay or if, as warranted, may dismiss the employee.
(2)Grievances. (a) Applicability. The procedures apply
to all Town of Oliver Springs employees, including full-time, part-time,
probationary or seasonal.
(b)Policy statement. Employees of the Town of Oliver
Springs shall be treated fairly in all aspects of their employment and shall
have the right to present their grievances under the provisions of this
procedure free of fear, restraint, interference, coercion, discrimination or
reprisal. Any violation of this right will subject the violator to
disciplinary action and shall be reported to the town administrator for
appropriate action. Likewise, the filing of a grievance by an employee will
not reflect adversely on the supervisor.
(c)Definitions. Any misunderstanding, disagreement, or
difference of an opinion between employees and their supervisors pertaining to
some aspect of employment or employment conditions, relationship between an
employee and supervisor, relationship with other employees, disciplinary
actions, application or interpretation of regulations and policies,
management’s decisions regarding employee safety, physical facilities,
equipment or material use, and other related items. Filing a grievance is a
serious matter and should be undertaken only after all other attempts to
arrive at a fair and equitable solution have failed.
(d)Matters not considered grievances. Matters relating
to pay benefits, position classification, termination, demotions, transfers,
and layoff because of the abolishment of positions or reduction in force.
(e)Supervisor. Any employee who exercises direct
supervisory authority over another employee or employees, normally the person
with direct supervisory responsibility over the grievant.
(f)Civil rights and discrimination. Incidents of alleged
discrimination or violation of an employee’s civil rights are filed directly
with the Tennessee Commission on Human Rights, Nashville, Tennessee.
(g)Grievance committee. A committee appointed by the
mayor, consisting of lot less than three (3) members of the town council, who
will hear unresolved grievances and make recommendations to the full council.
(h)Policy. It shall be the policy of the town that a
grievance will be resolved at the lowest organizational level, preferably at
the level where the grievance originates. If it cannot be resolved, it will
proceed through channels, and within the guidelines of these procedures until
a prompt and equitable resolution is found.
(i)Procedures.
Step 1. The grievant should discuss the grievance
informally with the immediate supervisor within 15 days of the first
occurrence of the matter out which the grievance occurred. The supervisor will
conduct an informal investigation and obtain any advise necessary to determine
the validity of the charges. Within five (5) working days, the supervisor will
make a written response to the grievant and the department head.
Step 2. If a satisfactory settlement is not reached at
Step 1, the employee may, within five (5) working days from receipt of the
response from the supervisor, submit the grievance to the next level of
supervision. The grievance will be submitted in writing with a copy to the
department head. Failure to respond within five (5) working days shall
constitute dismissal of the grievance. The grievance should state times,
dates, events and names of persons involved. If there is no intermediate level
of supervision, at this stage the grievance will be filed with the department
head. The intermediate supervisor or the department head has five (5) working
days to investigate, with a copy to the town administrator.
Step 3. If a satisfactory settlement is not reached, the
grievant will file the grievance in writing to the town administrator within
seven (7) days, but no later than ten (10) working days, the town
administrator will investigate the grievance and submit his findings and
recommendation to the department head and the mayor.
Step 4. If a satisfactory settlement is not reached, the
grievant may file a grievance, in writing, to the mayor within five (5)
working days.
The mayor will convene a Grievance Committee consisting
of three (3) members of the town council. At this point, the grievant may be
represented by counsel or a representative of choice.
The Grievance Committee will make a recommendation to
the mayor and full council within three (3) working days. The mayor and the
council will make a decision on the matter and notify the grievant, in
writing, within five (5) working days, of the decision. This decision is
final.
(j)Procedures for citizens complaints.
Step 1. The citizens should discuss the complaint
informally with the department head of the employee immediately after the
occurrence of the matter out of which the complaint occurred. The department
head will conduct an informal investigation and obtain any advise necessary to
determine the validity of the charges. Within five (5) working days, the
department head will make written response to the citizen and the town
administrator.
Step 2. If a satisfactory settlement is not reached at
Step 1, the citizen may, within five (5) working days from receipt of the
response from the supervisor, submit the complaint to the town administrator.
The grievance will be submitted in writing with a copy to the department head.
Failure to respond within five (5) working days shall constitute dismissal of
the complaint. The complaint should state time, dates, events and names of
persons involved. If there is no intermediate level of supervision, at this
stage the grievance will be filed with the town administrator. The town
administrator has five (5) working days to investigate, with a copy to the
mayor.
Step 3. If a satisfactory settlement is not reached, the
grievant will file the complaint in writing to the mayor within seven (7)
days, but no later than ten (10) working days, the mayor will investigate the
grievance and submit his findings and recommendation to the town
administrator.
Step 4. If a satisfactory settlement is not reached, the
citizen may file the complaint in writing asking for a hearing by the town
council. The mayor will convene a complaint committee consisting of three (3)
members of the town council. At this point, the complaint may be represented
by counsel or a representative of choice.
The complaint committee will make a recommendation to
the mayor and full council within three (3) working days. The mayor and the
council will make a decision on the matter and notify the complainant, in
writing, within five (5) working days, of the decision. This decision is
final. (1989 Code, ? 1-1204, as amended by Ord. #95-01-06, June 1995)
4-205. Separation from employment. Separation from town
employment may occur through the following means:
-Resignation.
-Lay-off.
-Disability.
-Retirement.
-Dismissal.
-Death.
At the time of separation and prior to final payment,
all records, assets, and other items of town property in the employee’s
custody shall be transferred to the department head, or in the case of a
department head to the town council. Certification of this action shall be
executed. Any amount arising from a shortage in records, assets, and property
shall be withheld from the employee’s final compensation.
(1)Resignation. An employee may resign by submitting in
writing the reasons therefore, and the effective date, to his department head
as far in advance as possible, but a minimum of two (2) weeks notice is
required. Failure to comply with this requirement may be cause for denying
future employment with the town. Unauthorized absence from work for a period
of three (3) consecutive days may be considered by the department head as a
resignation. Department heads shall forward all notices of resignation to the
town council immediately upon receipt.
(2)Lay-off. The department head, upon approval of the
town council, may lay-off an employee when he deems it necessary by reason of
shortage of funds or work, the abolition of a position, or other material
changes in the duties or organization, or for related reasons which are
outside the employee’s control and which do not reflect discredit upon service
of the employee. Whenever the lay-off of one or more employees shall become
necessary, the town council shall notify the department head at least ten (10)
days in advance, of the intended action and the reason. The department head
shall thereupon furnish to the town council the names of the employees to be
laid off, in the order in which such lay-offs shall be effected. Temporary
employees shall be laid off prior to probationary or regular employees.
(3)Disability. An employee may be separated for
disability when he cannot perform required duties because of a physical or
mental impairment. Action may be initiated by the employee or the town, but in
all cases it must be supported by medical evidence acceptable to the town
council. The town may required an examination at its expense, and performed by
a licensed physician of its choice.
(4)Retirement. Whenever an employee meets the conditions
set forth in the pension retirement plan regulations, he may elect to retire
and receive all benefits earned in the town’s retirement plan.
(5)Dismissal. Dismissal is the involuntary separation of
an employee from town service. For employees, who are not department heads,
dismissal may be exercised in either of two ways:
(a)As the culmination or final phase of the disciplinary
action process, as described in ? 4-204; or
(b)When a department head determines that an employee
has violated a provision of the town charter, a town ordinance, an employee
rule or personnel policy in such a serious manner that immediate action is
required to protect the reputation of the town, or to assure the normal
conduct of town business or performance of town services. In such cases, as
determined by the department head, the employee may be placed on immediate
suspension, and a hearing must be scheduled for the purpose of considering
dismissal, before the town council within ten (10) days of the date the
suspension is imposed. Notice of the scheduled hearing must be provided to the
employee stating the nature of the charges, the action being recommended, the
reasons for it, and advising him/her of the right to respond to the charges in
writing. The notice of hearing shall be delivered to the employee as soon as
possible, but no less than five (5) days prior to the date of the scheduled
hearing. If the suspended employee fails to respond to the charges in writing
prior to the starting time of the scheduled hearing, the town council may
proceed to dismiss the employee without further consideration or discussion.
Actions by the town council to dismiss a department head
shall follow the procedure set forth in ? 4-204.
Reasons for the dismissal of any employee include, but
shall not be limited to:
-Incompetency or inefficiency in the performance of
duties;
-Conviction of a criminal offense or of a misdemeanor
involving moral turpitude;
-Violations of any lawful and reasonable regulation,
order or direction made or given by a superior officer; or insubordination
that constitutes a serious breech of discipline;
-Public intoxication or drinking any intoxicating
beverages while on duty, being addicted to the use of narcotics or being under
the influence of a drug or narcotic while on duty;
-Theft, destruction, carelessness or negligence in the
use of the property of the town;
-Disgraceful personal conduct or language towards the
public, toward fellow officers or employees, or abusive public criticism of
his superior or other public officials;
-Unauthorized absence or abuse of leave privileges;
-Incapacity for proper performance of duties because of
a permanent or chronic physical or mental defect;
-Acceptance of any valuable consideration which was
given with the expectation of influencing the employee in the performance of
his duties.
-Falsification of records or use of official position
for personal advantage.
-Failure to pay or to make reasonable provision for the
future payment of just debts.
-Loss of an employee’s driver’s license and driving
privileges by due process of law when the employee’s position makes the
operation of motor vehicles necessary in the performance of his duties.
-Sexual harassment.
-Violation of any of the provisions of the charter,
ordinances, or these rules.
(6)Death. Separation shall be effective as of the date
of death. All compensation due in accordance with this rule shall be paid to
the estate of the employee, except for such sums as by law must be paid to the
surviving spouse. (1989 Code, ? 1-1205)
4-206. Personnel rules and records. (1) Records.
Personnel records except examinations, service rating reports, personnel
histories, and such other records as may be specified in the town’s personnel
regulations or by action of the town council as confidential, shall be public
records and shall be open for public inspection during office hours and
reasonable times in accordance with such procedures as the town administrator
may prescribe. The town administrator shall retain records necessary to the
proper administration of the personnel system, and shall prescribe necessary
forms and reports for all necessary personnel changes.
(2)Amendments. Amendments or revisions to the town’s
personnel regulations may be recommended for adoption by the town
administrator, or by the town council on its own motion. Such amendments or
revisions of personnel regulations shall become effective after public hearing
and approval by ordinance of the town council.
(3)Conflicts. Should there be a conflict between the
town’s personnel regulations and the administrative rules of any department,
the provisions of the town’s personnel regulations shall govern. All
department regulations and rules as presently constituted or hereinafter
adopted, which are not in conflict with this chapter shall be in effect. (1989
Code, ? 1-1206)
4-207. Employee safety. (1) Report form devised. A
standard form will be devised for all departments, for the purpose of
reporting any and all incidents and occurrences, involving town employees,
that result in personal injury or property damage, or involving town property.
(2)Injury/property damage reporting. All rules and
procedures of this chapter shall apply to all employees, foremen, department
heads, and administrator of the Town of Oliver Springs, Tennessee.
(3)Procedures for reporting. Any employee involving an
incident, whether directly or indirectly, will utilize the standard devised
form for reporting all incidents, by completing and delivering the form to
his/her department head, immediately or as soon as possible and in all cases,
before leaving his/her shift of duty of that particular day.
The department head, will review, and investigate the
incident and then forward the report to the town administrator.
The town administrator, at his discretion, may contact
the police department for further investigation, if deemed necessary.
The town administrator, shall present the report and
investigation results to the governing body of the Town of Oliver Springs, at
the next scheduled council meeting.
(4)Jurisdictional committee. Any property damage
amounting to $250.00 or more shall be referred to the appropriate
jurisdictional committee of the council for investigation. The committee’s
report, along with its recommendation will then be presented to council.
(5)Failure to report. Any employee failing to report any
incident, involving personal injury or property damage, as the result of
action by town employees, shall be subjected to disciplinary action according
to this chapter. (1989 Code, ? 1-1207)
CHAPTER 3
OCCUPATIONAL SAFETY AND HEALTH PROGRAM
SECTION
4-301. Title.
4-302. Town administrator designated program director.
4-303. Program standards.
4-304. Effective date of plan.
4-301. Title. This chapter shall be known as the
"Occupational Safety and Health Program for the Employees of the Town of
Oliver Springs." (1989 Code, ? 1-1301)
4-302. Town administrator designated program director.
The Town of Oliver Springs hereby designates the town administrator
hereinafter referred to as the "director," to establish a safety and
health program in compliance with the requirements of the Tennessee
Occupational Safety and Health Act of 1972 and he is hereby given the
authority to implement a plan which shall encompass the issues and standards
which have been promulgated by applicable state standards. (1989 Code, ?
1-1302)
4-303. Program standards. This plan shall be at least as
effective as the federal or state standards on the same issues and shall
include the following:
(1)The director or his authorized representatives shall
have the right to enter at any reasonable time any establishment, construction
site, plant or other area, workplace or environment where work is performed in
the Town of Oliver Springs; and to inspect and investigate any such place of
employment and all pertinent conditions, processes, machines, devices,
equipment and materials therein, and to question privately any supervisor or
employee.
(2)The director may issue subpoenas to require the
attendance and testimony of witnesses and the production of evidence under
oath for the purpose of confirming or supplementing his findings.
(3)The director shall provide for education and training
of personnel for the administration of the program, and he shall provide for
the education and training of all employees of the town to the extent that
same is necessary for said employees to recognize and report safety and health
problems as defined in the applicable standards.
(4)All employees shall be informed of the policies and
the standards set forth by the Tennessee Occupational Safety and Health Act.
(5)All employees of the town shall be informed of safety
hazards, exposure to toxic or harmful materials and imminent danger situations
that may occur in their jobs.
(6)The director or his authorized representative shall
upon any allegation of imminent danger immediately ascertain whether there is
a reasonable basis for the complaint. He shall make a preliminary
determination of whether or not the complaint appears to have merit. If such
is the case he or his authorized representative shall report same to town
council.
(7)Any employee shall be given the right to participate
in an investigation or inspection which involves a safety and/or health
situation which concerns his work area.
(8)The director shall establish a safety and health
training program designed to instruct each employee in the recognition and
avoidance of unsafe conditions and the regulations applicable to his work
environment.
(9)The director shall contact the Commissioner of Labor
of the State of Tennessee by telephone in the event of the death of an
employee involved in a work-related accident. This notification will be done
as soon after the fatality as possible but not to exceed 48 hours.
(10)The director shall set up a procedure for requesting
a variance from the Tennessee Department of Labor in the event an operation
within the town does not meet the standards set by the Occupational Safety and
Health Act and immediate action to alleviate the discrepancy is not possible.
(11)The director shall establish and maintain a system
for collecting and reporting safety and health data required under the
Tennessee Occupational Safety and Health Act.
(12)The director shall apply this program to employees
of each administrative department, commission, board, division or other agency
of the Town of Oliver Springs.
(13)The director shall make an annual report to the
Commissioner of Labor for the State of Tennessee showing the accomplishments
and progress of the Town of Oliver Springs in its Occupational Safety and
Health Program.
(14)The director shall provide a means whereby any
employee may submit a report of what he feels is a safety and/or health hazard
to his immediate supervisor and the director without fear of jeopardizing his
job or chances for future promotion. Such reports shall be preserved and the
action thereon shall be noted on said reports and signed by the director or
his designees.
(15)In implementing the plan the director shall adopt
therein all the words and phrases designated as "definitions" in the
Tennessee Occupational Safety and Health Act, promulgated regulations and
standards thereunder.
(16)The director shall submit said plan to the Tennessee
Department of Labor for approval. (1989 Code, ? 1-1303)
4-304. Effective date of plan. The plan, upon its
approval by the Tennessee Department of Labor, shall become effective to the
Town of Oliver Springs and at this time shall become a part of this chapter as
fully and completely as if set out herein. (1989 Code, ? 1-1304)
CHAPTER 4
TRAVEL REIMBURSEMENT REGULATIONS
SECTION
4-401. Enforcement.
4-402. Travel policy.
4-403. Travel reimbursement rate schedule.
4-404. Administrative procedures.
4-401. Enforcement. The chief administrative officer
(CAO) of the town or his or her designee shall be responsible for the
enforcement of these travel regulations. (Ord. #93-05-08, Aug. 1993)
4-402. Travel policy. (1) In the interpretation and
application of this chapter, the term "traveler" or "authorized
travel" means any elected or appointed municipal officer or employee,
including members of municipal boards and committees appointed by the mayor or
the municipal governing body, and the employees of such boards and committees
who are traveling on official municipal business and whose travel was
authorized in accordance with this chapter. "Authorized traveler"
shall not include the spouse, children, other relatives, friends, or
companions accompanying the authorized traveler on town business, unless the
person(s) otherwise qualifies as an authorized traveler under this chapter.
(2)Authorized travelers are entitled to reimbursement of
certain expenditures incurred while traveling on official business for the
town. Reimbursable expenses shall include expenses for transportation;
lodging; meals; registration fees for conferences, conventions, and seminars;
and other actual and necessary expenses related to official business as
determined by the CAO. Under certain conditions, entertainment expenses may be
eligible for reimbursement.
(3)Authorized travelers can request either a travel
advance for the projected cost of authorized travel, or advance billing
directly to the town for registration fees, air fares, meals, lodging,
conferences, and similar expenses.
Travel advance requests aren’t considered documentation
of travel expenses. If travel advances exceed documented expenses, the
traveler must immediately reimburse the town. It will be the responsibility of
the CAO to initiate action to recover any undocumented travel advances.
(4)Travel advances are available only for special travel
and only after completion and approval of the travel authorization form.
(5)The travel expense reimbursement form will be used to
document all expense claims.
(6)To qualify for reimbursement, travel expenses must
be:
(a)directly related to the conduct of the town business
for which travel was authorized, and
(b)actual, reasonable, and necessary under the
circumstances. The CAO may make exceptions for unusual circumstances.
Expenses considered excessive won’t be allowed.
(7)Claims of $5 or more for travel expense reimbursement
must be supported by the original paid receipt for lodging, vehicle rental,
phone call, public carrier travel, conference fee, and other reimbursable
costs.
(8)Any person attempting to defraud the town or misuse
town travel funds is subject to legal action for recovery of fraudulent travel
claims and/or advances.
(9)Mileage and motel expenses incurred within the town
aren’t ordinarily considered eligible expenses for reimbursement. (Ord.
#93-05-08, Aug. 1993)
4-403. Travel reimbursement rate schedules. Authorized
travelers shall be reimbursed according to the federal travel regulation
rates. The town’s travel reimbursement rates will automatically change when
the federal rates are adjusted.
The municipality may pay directly to the provider for
expenses such as meals, lodging, and registration fees for conferences,
conventions, seminars, and other education programs. (Ord. #93-05-08, Aug.
1993)
4-404. Administrative procedures. The town adopts and
incorporates by reference–as if fully set out herein–the administrative
procedures submitted by MTAS to, and approved by letter by, the Comptroller of
the Treasury, State of Tennessee, in June 1993. A copy of the administrative
procedures is on file in the office of the city recorder. (Ord. #93-05-08,
Aug. 1993)