CHAPTER 4. PERSONNEL POLICY (Amend )

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1 CHAPTER 4 PERSONNEL POLICY (Amend ) ARTICLE I. GENERAL PROVISIONS Section 4-1. Purpose of the Policy Section 4-2 Merit Principle Section 4-3 Responsibilities of the Board of Aldermen Section 4-4 Responsibilities of the Town Manager Section 4-5 Responsibilities of the Human Resources Director Section 4-6 Application of Policies, Plan, Rules and Regulations Section 4-7 Departmental Rules and Regulations Section 4-8 Definitions ARTICLE II. POSITION CLASSIFICATION Section 4-9 Purpose Section 4-10 Composition of the Position Classification Plan Section 4-11 Use of the Position Classification Plan Section 4-12 Administration of the Position Classification Plan Section 4-13 Authorization of Positions and the Position Classification Plan Section 4-14 Request for Reclassification ARTICLE III. THE PLAN Section 4-15 Definition Section 4-16 Payroll Deduction Authorization Section 4-17 Service Level Benefits ARTICLE IV. RECRUITMENT AND EMPLOYMENT Section 4-18 Equal Employment Opportunity Policy Section 4-19 Implementation of Equal Employment Opportunity Policy Section 4-20 Recruitment, Selection and Appointment Section 4-21 Probationary Period Section 4-22 Promotion Section 4-23 Demotion Section 4-24 Transfer ARTICLE V. CONDITIONS OF EMPLOYMENT Section 4-25 Work Schedule Section 4-26 Political Activity Section 4-27 Outside Employment Section 4-28 Dual Employment Section 4-29 Employment of Relatives Section 4-30 Harassment Section 4-31 Acceptance of Gifts and Favors Section 4-32 Performance Evaluation Section 4-33 Safety Section 4-34 Substance Abuse Policy Section 4-35 Direct Deposit Section 4-36 Adverse Weather (Amend ) Section 4-37 Residency 4-1

2 ARTICLE VI. EMPLOYEE BENEFITS Section 4-38 Eligibility Section 4-39 Group Health and Hospitalization Insurance Section 4-40 Group Life Insurance Section 4-41 Other Optional Group Insurance Plans Section 4-42 Retirement Section 4-43 Supplemental Retirement Benefits Section 4-44 Social Security Section 4-45 Workers' Compensation Section 4-46 Unemployment Compensation Section 4-47 Tuition Assistance Program Section 4-48 Legal Defense of Employees ARTICLE VII. HOLIDAYS AND LEAVES OF ABSENCE Section 4-49 Policy Section 4-50 Holidays Section 4-51 Holidays: Effect on Other Types of Leave Section 4-52 Holidays: Compensation When Work is Required or Regularly Scheduled Off for Shift Personnel Section 4-53 Annual Leave Section 4-54 Annual Leave: Use by Probationary Employees Section 4-55 Annual Leave: Accrual Rate Section 4-56 Annual Leave Pro-rated Section 4-57 Annual Leave: Maximum Accumulation Section 4-58 Annual Leave: Manner of Taking Section 4-59 Annual Leave: Payment upon Separation or Retirement Section 4-60 Annual Leave: Payment upon Death Section 4-61 Sick Leave Section 4-62 Sick Leave: Accrual Rate, Accumulation, and Manner of Taking Section 4-64 Sick Leave: Medical Certification Section 4-65 Family and Medical Leave Section 4-66 Family and Medical Leave Certification Section 4-67 Leave Without Pay Section 4-68 Family Medical Leave and Leave Without Pay: Retention and Continuation of Benefits Section 4-69 Workers' Compensation Leave Section 4-70 Military Leave Section 4-71 Reinstatement Following Military Service Section 4-72 Civil Leave Section 4-73 Petty Leave Section 4-74 Parental School Leave Section 4-75 Bereavement Leave Section 4-76 Educational Leave Section 4-77 Shared Leave Section 4-78 Paid Parental Leave ARTICLE VIII. SEPARATION AND REINSTATEMENT Section 4-79 Types of Separations Section 4-80 Resignation Section 4-81 Reduction in Force Section 4-82 Disability 4-2

3 Section 4-83 Voluntary Retirement Section 4-84 Death Section 4-85 Dismissal Section 4-86 Reinstatement Section 4-87 Rehiring ARTICLE IX. DISCIPLINARY ACTIONS AND NONDISCIPLINARY ACTIONS Section 4-88 Disciplinary Action: By Whom Imposed and Reasons Therefore Section 4-89 Warnings Before Disciplinary Action Section 4-90 Notification of Disciplinary Action Section 4-91 Effective Date and Time of Disciplinary Action Section 4-92 Recommendations to Manager of Disciplinary Actions Including Dismissal Section 4-93 Appeal of Disciplinary Action: Referral to Personnel Adv Committee Section 4-94 Non-Disciplinary Suspension Section 4-95 Department Heads Non-Disciplinary Suspension Section 4-96 Board Access to Records of Disciplinary Actions ARTICLE X. GRIEVANCE PROCEDURE Section 4-97 Purpose and Scope Section 4-98 Procedure Section 4-99 Mediation Section Personnel Advisory Committee ARTICLE XI. RECORDS AND REPORTS Section Personnel Records Maintenance Section Personnel File Section Access to Personnel Files Section Confidential Information Contained in Personnel File Section Records of Former Employees Section Remedies of Employees Objecting to Materials in File Section Penalties 4-3

4 ARTICLE I PURPOSE, COVERAGE, AND DEFINITIONS Section 4-1 Purpose of the Policy It is the purpose of this policy and the rules and regulations set forth to establish a fair and uniform system of personnel administration for all employees of the Town under the supervision of the Town Manager. This policy is established under authority of Chapter 160A, Article 7, of the General Statutes of North Carolina. Section 4-2 Merit Principle All appointments and promotions shall be made solely on the basis of merit. All positions requiring the performance of the same duties and fulfillment of the same responsibilities shall be assigned to the same class and the same salary range. No applicant for employment or employee shall be deprived of employment opportunities or otherwise adversely affected as an employee because of such individual s age, race, color, religion, sex, national origin, political affiliation, non-disqualifying disability, sexual orientation, marital status, gender identity, or gender expression. Section 4-3 Responsibilities of the Board of Aldermen The Board of Aldermen shall be responsible for establishing and approving personnel policies, the position classification and pay plan, and changing the policies and benefits as necessary. They shall also make and confirm appointments when so specified by the general statutes. Section 4-4 Responsibilities of the Town Manager The Town Manager shall be responsible to the Board of Aldermen for the administration and technical direction of the personnel program. The Town Manager shall appoint, suspend, and remove all Town employees except those appointed by the Board of Aldermen. The Town Manager shall make appointments, dismissals, and suspensions in accordance with the Town Charter and other policies and procedures spelled out in other Articles in this Policy. The Town Manager shall: a) recommend rules and revisions to the personnel system to the Board of Aldermen for consideration; b) make changes as necessary to maintain an up to date and accurate position classification plan; c) recommend necessary revisions to the pay plan; d) determine which employees shall be subject to the overtime provisions of Fair Labor Standards Act; 4-4

5 e) develop and administer such recruiting programs as may be necessary to obtain an adequate supply of competent applicants to meet the needs of the Town; g) perform such other duties as may be assigned by the Board of Aldermen not inconsistent with this Policy; and h) appoint an employee to the role of Human Resources Director. Section 4-5 Responsibilities of the Human Resources Director The responsibilities of the Human Resources Director are to make recommendations to the Town Manager on the following: a) recommend rules and revisions to the personnel system for consideration by the Town Manager. b) recommend changes as necessary to maintain an up-to-date and accurate position classification plan; c) recommend necessary revisions to the pay plan; d) recommend which employees shall be subject to the overtime provisions of FLSA; e) maintain a roster of all persons in the municipal service; f) establish and maintain a list of authorized positions in the municipal service at the beginning of each budget year which identifies each authorized position, class title of position, salary range, any changes in class title and status, position number, and other such data as may be desirable or useful; g) develop and administer such recruiting programs as may be necessary to obtain an adequate supply of competent applicants to meet the needs of the Town; h) develop and coordinate training and educational programs for Town employees; i) investigate periodically the operation and effect of the personnel provisions of this policy; and j) perform such other duties as may be assigned by the Town Manager not inconsistent with this Policy. Section 4-6 Application of Policies, Plan, Rules and Regulations The personnel policy and all rules and regulations adopted pursuant thereto shall be binding on all Town employees, but does not apply to Service Providers. The Town Manager, Town Attorney, Town Clerk, Assistant to the Mayor/Deputy Town Clerk, and members of the Board of Aldermen and advisory boards and commissions will be exempted except in sections where specifically included. An employee violating any of the provisions of this policy shall be subject to appropriate disciplinary action, as well as prosecution under any civil or criminal laws which have been violated. (Amend. 6/19/2007) Section 4-7 Departmental Rules and Regulations Because of the particular personnel and operational requirements of the various departments of the Town, each department is authorized to establish supplemental written rules and regulations 4-5

6 applicable only to the personnel of that department. All such rules and regulations shall be subject to the approval of the Town Manager, and shall not in any way conflict with the provisions of this Policy, but shall be considered as a supplement to this Policy. Section 4-8 Definitions For the purposes of this policy, the following words and phrases shall have the meanings respectively ascribed to them by this section: Disciplinary Action: An action taken by an employee s department head or the town manager in response to the conduct or performance of that employee which deprives the employee of a benefit or privilege already possessed or an opportunity to which the employee would otherwise be entitled. Disciplinary actions may range in seriousness up to and including suspensions without pay and dismissals. Without limiting the generality of the foregoing, denials of performance increases, adverse evaluations, or oral or written reprimands shall not be regarded as disciplinary actions for the purposes of the appeals procedure. Domestic Partner: Any person with whom the employee cohabits and shares an intimate relationship regardless of marital status as shown by affidavit. Employee: A person who performs personal services for the Town in return for some form of compensation and is treated as such for the purposes of withholding social security or tax payments in accordance with federal or state regulations. Full-time employment: Employment, whether permanent or temporary, in which an employee works the number of hours per week designated by the Board of Aldermen as full-time. For the purposes of this section, full-time employment shall consist of an average workweek of at least thirty-seven and one-half (37 ½) hours. Grievance: A claim or complaint by an employee that some event, policy, condition, or situation for which the Town or any of its employees is or may be responsible, has adversely affected or is adversely affecting that employee in connection with his or her employment relationship with the town. Grievances shall be categorized as follows: a. Type 1 Grievance: A grievance in which the claim or complaint involves a contention that the aggrieved employee has been unfairly evaluated or treated by another employee or agent of the Town. By way of illustration without limitation, a Type 1 grievance may involve a claim that an employee has unfairly received a negative performance evaluation or been denied a performance increase or has been the victim of unfair or discriminatory supervisory practices or unjust treatment by fellow workers. b. Type 2 Grievance: A grievance in which the claim or complaint involves a contention that the employee is being or has been adversely affected by generally applicable policies or procedures (or the lack thereof), unsatisfactory, unhealthy, or unsafe physical facilities, surroundings, materials, or equipment, unreasonable work quotas or expectations, or other conditions or terms of employment that do not arise out of or result from an interpersonal conflict between the aggrieved employee and another employee or agent of the town. Immediate family: Father, mother, wife, husband, son, daughter, brother, sister, grandmother, grandfather, mother-in-law, father-in-law, daughter-in-law, son-in-law, half-sister, half-brother, stepmother, stepfather, stepson, stepdaughter, stepsister, stepbrother, or any other relative who is a guardian of the employee or a domestic partner. This definition does not apply to benefits such as health insurance or retirement, unless otherwise provided. 4-6

7 Officials: The Mayor, members of the Board of Aldermen and the members of the Planning Board, Board of Adjustment, Appearance Commission, Recreation Commission, and Transportation Advisory Board. Part-time employment: Employment, whether permanent or temporary, in which an employee works less than the number of hours per week designated by the Board of Aldermen as fulltime. For the purposes of this section, full-time employment shall consist of an average workweek of at least thirty-seven and one-half (37 ½) hours. Permanent position. A position authorized by the Board of Aldermen budgeted for a full 12- month period with the expectation that the position will continue from year to year. Positions or employment should not be construed as a contract or right to perpetual funding or employment. Probationary employee: An employee appointed to a permanent full-time or part-time position who has not yet successfully completed the designated probationary period. Regular employee: An employee appointed to a permanent full-time or part-time position who has successfully completed the designated probationary period. Service Provider: A person who performs personal services for the Town of Carrboro for compensation, under a service agreement, but with respect to whom the Town does not withhold any portion of the compensation paid for social security or income tax payment. Temporary position: any position other than a permanent position. Trainee. An employee status when an applicant is hired (or employee promoted) who does not meet all of the requirements for the position. During the duration of a trainee appointment, the employee is on probationary status. 4-7

8 ARTICLE II. POSITION CLASSIFICATION PLAN Section 4-9 Purpose. The position classification plan provides a complete inventory of all authorized and permanent positions in the Town service, and an accurate description and specification for each class of employment. The plan standardizes job titles, each of which is indicative of a definite range of duties and responsibilities. Section 4-10 Composition of the Position Classification Plan The classification plan shall consist of: a) a grouping of positions in classes which are approximately equal in difficulty and responsibility which call for the same general qualifications, and which can be equitably compensated within the same range of pay under similar working conditions; b) class titles descriptive of the work of the class; c) written specifications for each class of positions; and d) an allocation list showing the class title of each position in the classified service. Section 4-11 Use of the Position Classification Plan The classification plan is to be used: a) as a guide in recruiting and examining applicants for employment; b) in determining lines of promotion and in developing employee training programs; c) in determining salary to be paid for various types of work; d) in determining personnel service items in departmental budgets; and e) in providing uniform job terminology. Section 4-12 Administration of the Position Classification Plan The Town Manager, assisted by the Human Resources Director shall allocate each position covered by the classification plan to its appropriate class, and shall be responsible for the administration of the position classification plan. The Town Manager shall periodically review portions of the classification plan and make minor revisions to insure that classifications accurately reflect current job duties and responsibilities. The Town Manager shall also periodically review the entire classification plan and, when needed, recommend major changes to the Board of Aldermen. Section 4-13 Authorization of Positions and the Position Classification Plan 4-8

9 The Town Manager needs the flexibility to adjust the staffing and assignment of personnel from time to time to ensure that priority services and programs approved by the Board of Aldermen are being addressed efficiently. Given such, the Town Manager shall establish, administer, and maintain a current plan of classification of all positions and shall allocate and reallocate positions to classes on the basis of kind and level of duties and responsibilities within the parameters of the adopted budget. Section Request for Reclassification Each budget year, any employee who considers the position in which the employee is classified to be improper shall submit a request in writing for reclassification to such employee's immediate supervisor, who shall immediately transmit the request through the department head who will review the request and determine if it should be forwarded to the Human Resources Director. The position will be reviewed to determine the merits of the reclassification, and any recommendations to revise the classification and pay plan will be made to the Town Manager. 4-9

10 ARTICLE III THE PAY PLAN Section 4-15 Definition The pay plan, published as a separate document, includes the basic salary schedule and the "List of Classes Arranged by Grades" adopted by the Board of Aldermen. The salary schedule consists of minimum, midpoint, and maximum salary for all classes of positions. Section 4-16 Payroll Deduction Authorization Deductions shall be made from each employee's salary, as required by law. Additional deductions may be made upon the request of the employee and based upon the capability of payroll equipment and appropriateness of the deduction. Section 4-17 Service Level Benefits (Amend. 12/2/08, 6/16/09) Full-time employees of the Town may be compensated for years of service by payment of a longevity supplement based on continuous years of service as of December 31 st of each year if funds are appropriated in the Annual Budget Ordinance. Payment of this benefit begins at five years of creditable service and is paid in a lump sum benefit in December of each calendar year. The amount of the benefit is the same for each employee who is in the same seniority group. Differing amounts are provided according to the following schedule: 5 9 years years years 20 or more years Employees that separate Town employment and return within one year will be credited with previous service for the purposes of the service level benefit. The amount of the service level benefit is indexed each year to reflect the cost of living portion of the pay for performance increase. Continuous service is defined as continuous employment including any approved leave or involuntary reduction in force. 4-10

11 Section 4-18 Equal Employment Opportunity Policy ARTICLE IV. RECRUITMENT AND EMPLOYMENT It is the policy of the Town to foster, maintain and promote equal employment opportunity. The Town shall select employees on the basis of the applicant's qualifications for the job and award them, with respect to compensation and opportunity for training and advancement, including upgrading and promotion, without regard to age, race, color, religion, sex, national origin, political affiliation, non-disqualifying disability, sexual orientation, marital status, gender identity, or gender expression. Section 4-19 Implementation of Equal Employment Opportunity Policy All personnel responsible for recruitment and employment will continue to review regularly the implementation of this personnel policy and relevant practices to assure that equal employment opportunity based on reasonable, job-related requirements is being actively observed to the end that no employee or applicant for employment shall suffer discrimination because of age, race, color, religion, sex, national origin, political affiliation, non-disqualifying disability, sexual orientation, marital status, gender identity, or gender expression. Notices with regard to equal employment matters shall be posted in conspicuous places on Town premises in places where notices are customarily posted. Section 4-20 Recruitment, Selection, and Appointment Recruitment Sources. When position vacancies occur, the Human Resources Director shall publicize these opportunities for employment, including applicable salary information and employment qualifications. Information on job openings will be published in local and/or other news media as necessary to inform the community and create a quality and diverse pool of applicants. In addition, notice of vacancies shall be posted at designated conspicuous sites within departments. Individuals shall be recruited from a geographic area as wide as necessary and for a period of time sufficient to ensure that well-qualified applicants are obtained for Town service. The North Carolina Employment Security Commission shall normally be used as a recruitment source. In rare situations because of emergency conditions, high turnover, etc., the Town may hire or promote without advertising jobs, upon approval of the Town Manager. Job Advertisements. Employment advertisements shall contain assurances of equal employment opportunity and shall comply with Federal and State statutes. Application for Employment. All persons expressing interest in employment with the Town shall be given the opportunity to file an application for employment for positions which are currently being recruited. Application Reserve File. Applications shall be kept in an inactive reserve file for a period of two years, in accordance with Equal Employment Opportunity Commission guidelines. Selection. Department heads, with the assistance of the Human Resources Director, shall make such investigations and conduct such examinations as necessary to assess accurately the knowledge, skills, and experience qualifications required for the position. All selection devices administered by the Town shall be valid measures of job performance. Appointment. Before any commitment is made to an applicant either internal or external, the Department Head shall make recommendations to the Human Resources Director including the position to be filled, the salary to be paid, and the reasons for selecting the candidate over other candidates. 4-11

12 Living Wage. Every permanent Town of Carrboro position, whether full-time or part-time, is paid at least a living wage equivalent to the federal poverty level for a family of four adjusted for the Raleigh-Durham area cost of living. (Amend. 12/2/08) Section 4-21 Probationary Period An employee appointed to a permanent position shall serve a probationary period. Employees shall serve a six - month probationary period, except that part-time employees, sworn police officers and fire personnel shall serve a twelve-month probationary period (six months for Police Chief and Fire Chief). Employees hired as trainees shall remain on probation until the provisions of their traineeship are satisfied; however not to exceed 18 months. During the probationary period, supervisors shall monitor an employee's performance and communicate with the employee concerning performance progress. Before the end of the probationary period, the supervisor and/or department head shall conduct a performance evaluation conference with the employee and discuss accomplishments, strengths, and needed improvements. A summary of this discussion shall be documented in the employee's personnel file as an evaluation form. The supervisor shall recommend in writing to the Manager, or his designee as to whether the probationary period should has been successfully completed, should be extended, or the employee transferred, demoted, or dismissed. Probationary periods may be extended up to fifty percent (50%) of the initial period. Disciplinary action, including demotion and dismissal, may be taken at any time during the probationary period of a new employee without following the steps outlined in this Policy for disciplinary action. Given such, probationary employees serving an initial probationary period in a position with the Town are not entitled to utilize the procedures for appeal of disciplinary action set forth in Section (Amend. 6/19/2007) An employee who moves from one position to another (promotion, demotion, transfer) will serve a new probationary period in the new position; however, the employee is entitled to use the procedures for appeal of disciplinary action. (Amend. 6/19/2007) Section 4-22 Promotion Promotion is the movement of an employee from one position to a vacant position in a class assigned to a higher salary range. It is the Town's policy to create career opportunities for its employees whenever possible. Therefore, when a current employee applying for a vacant position is best suited of all applicants, that applicant shall be appointed to that position. The Town will balance three goals in the employment process: 1) the benefits to employees and the organization of promotion from within; 2) providing equal employment opportunity and a diversified workforce to the community; and 3) obtaining the best possible employee who will provide the most productivity in that position. Therefore, except in rare situations where previous Town experience is essential (such as promotions to Police Lieutenant or Fire Captain), or exceptional qualifications of an internal candidate so indicate, the Town will consider external and internal candidates rather than automatically promote from within. Candidates for promotion shall be chosen on the basis of their qualifications and their work records. Internal candidates shall apply for promotions using the same application process as external candidates. Department heads are responsible for developing staff capacity to provide back-up for coworkers and higher level positions; to prepare staff and the organization for smooth transitions; and to insure capability to cover interim absences and vacancies. Section 4-23 Demotion 4-12

13 Demotion is the movement of an employee from one position to a position in a class assigned to a lower salary range. Demotion may be voluntary or involuntary. An employee whose work or conduct in the current position is unsatisfactory may be demoted provided that the employee shows promise of becoming a satisfactory employee in the lower position. Such disciplinary demotion shall follow the disciplinary procedures outlined in this chapter. An employee who wishes to accept a position with less complex duties and reduced responsibilities may request a voluntary demotion. A voluntary demotion is not a disciplinary action and is made without using the above-referenced disciplinary procedures; however, this does not preclude a reduction in salary. Section 4-24 Transfer Transfer is the movement of an employee from one position to a position in a class in the same salary range. If a vacancy occurs and an employee in another department is eligible for a transfer, the employee shall apply for the transfer using the usual application process. The Department Head wishing to transfer an employee to a different department or classification shall make a recommendation to the Town Manager or his designee with the consent of the receiving department head. Any employee transferred without requesting the action may appeal the action in accordance with the grievance procedure outlined in this policy. An employee who has successfully completed a probationary period may be transferred into the same classification without serving another probationary period. 4-13

14 Section 4-25 Work Schedule ARTICLE V. CONDITIONS OF EMPLOYMENT Department heads shall establish work schedules, with the approval of the Town Manager, which meet the operational needs of the department in the most cost effective manner possible. Section 4-26 Political Activity Each employee has a civic responsibility to support good government by every available means and in every appropriate manner. Each employee may join or affiliate with civic organizations of a partisan or political nature, may attend political meetings, may advocate and support the principles or policies of civic or political organizations in accordance with the Constitution and laws of the State of North Carolina and in accordance with the Constitution and laws of the United States. However, no employee shall: a) Engage in any political or partisan activity while on duty; b) Use official authority or influence for the purpose of interfering with or affecting the result of a nomination or an election for office; c) Be required as a duty of employment or as condition for employment, promotion or tenure of office to contribute funds for political or partisan purposes; d) Coerce or compel contributions from another employee of the Town for political or partisan purposes; e) Use any supplies or equipment of the Town for political or partisan purposes; or f) No official may be employed by the Town in any capacity. If an employee is elected or selected to an official position, then he or she forfeits his or her employment with the Town upon assuming that office. Any violation of this section shall subject the employee to disciplinary action including dismissal. Section 4-27 Outside Employment The work of the Town shall have precedence over other occupational interests of employees. All outside employment for salaries, wages, or commission and all self-employment must be reported in advance to the employee's supervisor, who in turn will report it to the Department Head. The Department Head will review such employment for possible conflict of interest and decide whether to approve the work. Conflicting or unreported outside employment are grounds for disciplinary action up to and including dismissal. Documentation of the approval of outside employment will be placed in the employee s personnel file. Examples of conflicts of interest in outside employment include but are not limited to: a) employment with organizations or in capacities that are regulated by the employee or employee s department; or b) employment with organizations or in capacities that negatively impact the employee s perceived integrity, neutrality, or reputation related to performance of the employee s Town duties. Outside employment as it relates to law enforcement contains more specific criteria that should be 4-14

15 included in the Police Department s Administrative manual. Section 4-28 Dual Employment If the Town of Carrboro elects to approve such, a full or part-time employee of the Town may simultaneously hold another position with the Town if the temporary position is in a different department and clearly a different program area from that of the full or part-time position and the employment in the temporary position is performed on an occasional or sporadic basis. However, the work of the full or part-time position shall take precedence over the temporary position, and such work will not count toward the calculation of overtime for pay or time off. Section 4-29 Employment of Relatives The Town prohibits the hiring and employment of immediate family in permanent or temporary positions within the same department. "Immediate Family" is defined in Article I, Section 4-8. The Town also prohibits the employment of any person into a permanent position who is an immediate family member of individuals holding the following positions: Mayor, Mayor Pro Tem, Board of Aldermen Member, Town Manager, Town Clerk, Town Attorney, or any Town department head. Otherwise, the Town will consider employing family members or related persons in the service of the Town, provided that such employment does not: 1) result in a relative supervising relatives; 2) result in a relative auditing the work of a relative; 3) create a conflict of interest with either relative and the Town; or 4) create the potential or perception of favoritism. This clause shall not be retroactive concerning any relative currently working for the Town at the time of adoption of this policy. Section 4-30 Harassment Harassment on the basis of age, race, color, religion, sex, national origin, political affiliation, nondisqualifying disability, sexual orientation, marital status, gender identity, or gender expression is discrimination. The Town opposes harassment by supervisors and co-workers in any form. Harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his or her age, race, color, religion, sex, national origin, political affiliation, non-disqualifying disability, sexual orientation, marital status, gender identity, or gender expression, or that of his or her relatives, friends, or associates. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when 1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; 2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Any employee who believes that he or she may have a complaint of harassment may follow the Grievance Procedure described in this Policy or may file the complaint directly with the Town Manager, Human Resources Director, or any department head who will advise the Human Resources Director of the complaint. The Human Resources Director will insure that an investigation is conducted into any allegation of harassment and advise the employee and appropriate management officials of the outcome of the investigation. Employees witnessing 4-15

16 harassment shall also report such conduct to an appropriate Town official. Section 4-31 Acceptance of Gifts and Favors (a) No official or employee may accept any gift, whether in the form of service, loan, thing or promise from any person who to the knowledge of the official or employee is interested directly or indirectly in any manner whatsoever in business dealings with the Town. (b) No official or employee may accept any gift, favor, or thing of value that may tend to influence that official or employee in the discharge of duties. (c) No official or employee may grant in the discharge of duties any improper favor, service, or thing of value. (d) No official or employee may use his position with the Town to secure a contract for the purchase of goods or services from any firm or organization in which he has a direct financial interest. Section 4-32 Performance Evaluation Supervisors and/or Department Heads shall conduct performance evaluation conferences with each employee at least once a year. These performance evaluations shall be documented in writing and placed in the employee's personnel file. Procedures for the performance evaluation program shall be published by the Town Manager. Section 4-33 Safety Safety is the responsibility of both the Town and employees. It is the policy of the Town to establish a safe work environment for employees. The Town shall establish a safety program including policies and procedures regarding safety practices and precautions and training in safety methods. Department Heads and supervisors are responsible for insuring the safe work procedures of all employees and providing necessary safety training programs. Employees shall follow the safety policies and procedures and attend safety training programs as a condition of employment. Employees who violate such policies and procedures shall be subject to disciplinary action up to and including dismissal. Section 4-34 Substance Abuse Policy The Town has established policies and procedures related to employee substance abuse in order to insure the safety and well-being of citizens and employees, and to comply with any state, federal, or other laws and regulations. Section 4-35 Direct Deposit Employees are required to participate in the Town s direct deposit program. Section 4-36 Adverse Weather/Hazardous Conditions (Amend ) (a) The Town has responsibility for emergency services including law enforcement. Adequate staff are required to operate critical Town Services seven days per week, twenty four hours per day in all weather. Department heads should designate which staff positions and personnel are critical and, therefore, required to report to work regardless of weather or other hazardous conditions. 4-16

17 (b) All Town departments are affected by extreme weather conditions. The Town Manager will make decisions related to the delayed opening, early closing, or full-day closure of Town Hall and administrative offices. When these circumstances occur, employee work attendance and compensation will be handled as described: (1) Non-emergency, non-exempt employees: If Town offices are closed due to extreme weather conditions, non-emergency, non-exempt employees will be paid their regular hourly rate for work hours missed due to the closing, up to a maximum of twenty-four (24) hours per fiscal year. If Town offices are open during extreme weather, non-emergency, non-exempt employees with supervisor approval may use accrued time, or leave without pay, if they are absent from work due to local extreme weather conditions. (for example, roads near an employee s home are not clear but roads in Carrboro are safe.) (2) Non- emergency, exempt employees: If Town offices are closed due to extreme weather conditions, non-emergency, exempt employees will be paid their regular salary for work hours missed due to a full day closing, for a maximum of three (3) full-day closures per fiscal year. If Town offices are open during extreme weather, non-emergency, exempt employees with Town Manger approval may use accrued time, or leave without pay, if they are absent for a full day from work due to extreme weather conditions. (for example, roads near an employee s home are not clear but roads in Carrboro are safe.) (3) Emergency and weather - essential employees: Many of the Town s employees must function at all times regardless of weather conditions. Emergency and weather-essential employees are required to report to work. The Town Manager will exercise his/her best judgement for each weather situation as to which employees are considered essential. If Town offices delay opening, close early, or are closed for a full day, emergency and weather essential staff who work during this time will receive compensatory time up to but not exceeding twenty-four (24) hours per year due to extreme weather conditions, in the equivalent amount as non-emergency employees. (4) There will be no accrual, no pay-out, and no carry-over of these days from one fiscal year to another. (5) Previously scheduled sick and/or vacation leave during extreme weather conditions will be deducted as originally scheduled and approved and will not be eligible for compensatory time. Section 4-37 Residency (Amend. 6/20/2006) Within six months after his or her appointment the Town Manager shall become a resident of the Town and shall remain a resident of the town during his or her tenure as Manager. The Board of Aldermen also deems it important to the health, safety, and welfare of the citizens of the Town of Carrboro that the administrative heads of the police department and fire department reside within close proximity to the town so that they can generally be available to respond rapidly to the town s needs at all times. Therefore, within six months of their appointment, the police chief and fire chief, respectively, shall establish residency that is no more than fifteen miles (measured on a straight line basis) from the town limits. They shall continue to adhere to this requirement while employed by the town. All department heads are encouraged but shall not be required to reside within the Town. A person 4-17

18 becomes a resident of or establishes residency within the prescribed area when the person: a) has left his or her prior home with no intent to return to the prior home as a place of regular habitation; and b) has rented, leased, or purchased a dwelling unit (as defined in the Carrboro Land Use Ordinance) within the prescribed area; and c) has established such dwelling unit as his or her regular place of habitation and the place to which, whenever he or she is absent, he or she has the intention of returning; and d) actually resides within the dwelling unit on a regular basis at least five evenings during normal weeks. 4-18

19 ARTICLE VI. EMPLOYEE BENEFITS Section 4-38 Eligibility All permanent full-time and part-time employees of the Town are eligible for employee benefits to the extent provided for in this policy. These benefits are subject to change at the Town 's discretion. Temporary employees are eligible only for workers' compensation and FICA (social security benefits). Section 4-39 Group Health and Hospitalization Insurance (Amended. 6/5/2007, 6/28/2011) The Town provides group health and hospitalization insurance programs for employees designated as permanent full-time and working a minimum of 37.5 hours per week. Permanent employees working less than full-time who meet the industry standard for insurance coverage eligibility may purchase the coverage at their own expense. In addition, the Town elects to extend health insurance benefits or provide a stipend to retirees. As long as it is provided by the Town and permitted by the provider, this benefit is available to retirees who meet the following eligibility requirements: have at least 10 years of continuous service with the town (or reinstated in accordance with Section 4-85 of the Personnel Ordinance); qualify for one of the retirement options available through the NCLGERS; and pay his or her share of the insurance premium. Coverage for active employees and retirees is provided as follows: Active Employees Non-Medicare Eligible Retirees Hired Prior to July 1, 2007 Medicare Eligible Retirees (according to age) Hired Prior to July 1, 2007 Retirees hired on or after July 1, 2007 Participate in Town Group Health Plan Participate in Town Group Health Plan Participate in Town Group Medicare Supplement Plan Receive a stipend to defray the costs of health insurance; eligible for coverage through COBRA The stipend provided to retirees hired on or after July 1, 2007 will be based on the cost of the medical premium for active individual coverage effective 7/01/07 and will have future increases based on the consumer price index (CPI). Should the CPI decrease, there will be no reduction in the amount of the stipend. Staff will review the policy periodically and report to the Board as necessary. (Amend. 6/3/08) Dependents of retirees who are on the plan at the time the employee retires may continue coverage as provided below. Dependents of Active Employees Participate in Town Group Health Plan Non-Medicare Eligible Dependents of Retirees Participate in Town Group Health Plan Hired Prior to July 1, 2007 Medicare Eligible Dependents of Retirees Participate in Town Group Medicare (according to age) Hired Prior to July 1, 2007 Supplement Plan Dependents of retirees hired on or after July 1, Eligible for coverage through COBRA 4-19

20 2007 Dependents that are not enrolled when the employee retires may not be added to the plan; and once removed from the plan, the dependents may not be re-enrolled. The Town pays no portion of the premium for a retiree s dependents. The percentage of the insurance premium for the group health plan, the group Medicare Supplement Plan, or the percentage of the stipend paid for by the Town for retirees is based upon years of service according to the schedule listed below. Continuous years of Service Percentage of Insurance Premium to be Paid by Town years 50% years 75% 20 years and up 100% As used in this section, the term insurance premium refers to the amount of premium charged by the insurance provider for the retiree coverage under the group health plan or the group Medicare supplement plan. The benefits provided under this section are not intended to be contractual in nature and may be reduced or withdrawn at any time in the unilateral discretion of the Board of Aldermen for financial reasons or any other reason deemed sufficient by the Board of Aldermen. Information concerning cost and benefits shall be available to all employees from the Human Resources Department. Section 4-40 Group Life Insurance The Town may elect to provide group life insurance for each employee subject to the stipulations of the insurance contract. Employees may elect to purchase additional coverage and/or to insure other family members at their expense. Section 4-41 Other Optional Group Insurance Plans The Town may make other group insurance plans available to employees upon authorization of the Town Manager or Board of Aldermen. Section 4-42 Retirement Each employee who is expected to work for the Town in a position designated as permanent for more than 1,000 hours annually shall join the North Carolina Local Governmental Employees' Retirement System on the first day of employment as a condition of employment as defined by the retirement system. Section 4-43 Supplemental Retirement Benefits The Town may provide supplemental retirement benefits for its permanent full time and part-time employees. Each law enforcement officer shall receive 401-K benefits as prescribed by North Carolina State Law beginning on the first day of employment. Other employees may receive supplemental benefits as determined by the Board of Aldermen. 4-20

21 Section 4-44 Social Security The Town, to the extent of its lawful authority and power, extends Social Security benefits for its eligible employees and eligible groups and classes of such employees. Section 4-45 Workers' Compensation All employees of the Town (full-time, part-time, and temporary) are covered by the North Carolina Workers' Compensation Act and are required to report all injuries arising out of and in the course of employment to their immediate supervisors at the time of the injury in order that appropriate action may be taken at once. Responsibility for claiming compensation under the Workers Compensation Act is on the injured employee, and such claims should be filed with the North Carolina Industrial Commission within five days of the date of injury. The Human Resources Director will assist the employee in filing the claim if necessary. Section 4-46 Unemployment Compensation In accordance with Public Law and subsequent amendments, local governments are covered by unemployment insurance. Town employees who are terminated due to a reduction in force or released from Town service may apply for benefits through the local Employment Security Commission office, where a determination of eligibility will be made. Section 4-47 Tuition Assistance Program Permanent full-time employees who have completed initial probation may apply for tuition reimbursement for courses taken on their own time, which will improve their skills for their current job or prepare them for promotional opportunities with the Town. Tuition, registration fees, laboratory fees, and student fees are eligible expenses. Satisfactory completion of the courses will be required for reimbursement. Requests for tuition assistance shall be submitted to the Human Resources Department prior to course registration and are subject to the review and approval of Department Head and Town Manager. Tuition assistance funds are available only as budgeted annually. Section 4-48 Legal Defense of Employees The policy of the Town is to provide for the defense of all employees for acts or omissions allegedly committed while in the course and scope of their employment or duty as an employee of the Town. Upon request made by or on behalf of any employee or former employee, the Town shall provide for the defense of any civil or criminal action or proceeding brought against them either in their official capacity or individual capacity, or both, on account of any act done or omission made, or any act allegedly done or omission allegedly made in the scope of their employment or duty as an employee of the Town. The defense may be provided by the Town by its own counsel, or by employing other counsel, or by purchasing insurance that requires that the insured provide the counsel. Limits on the amount of defense expenditures may be set by the Town Manager, in relation to prevailing local rates in consideration of available budget funding. In addition, the Board of Aldermen may appropriate funds for the purpose of paying all or part of a claim made or a civil judgment entered against any employee or former employee of the Town when such claim is made or such judgment is rendered regarding any act done or omission made, or any act allegedly done or omission allegedly made, in the scope and course of such employee s employment with the Town, subject to the following: 1) No such payment shall be made if the Board finds that the employee acted or failed to act because of actual fraud, corruption or actual malice. 4-21