ORDINANCE NO. 2006-07
AN ORDINANCE ESTABLISHING THE PERSONNEL POLICIES OF THE TOWN OF LEO-CEDARVILLE, INDIANA
Editor’s Note: This ordinance was replaced by Resolution 2012-11, adopted 5/8/2012.
WHEREAS, the Leo-Cedarville Town Council is authorized to hire employees to carry out the functions of the Town pursuant to IC 36-5-2-9; and
WHEREAS, the Town Clerk-Treasurer is authorized to hire employees as needed for the effective operation of the office of the Clerk-Treasurer with the approval of the Town Council pursuant to IC 36-5-6-7; and
WHEREAS, the Town Council desires to implement a uniform employee manual which shall apply uniformly to the employees of the Town.
NOW THEREFORE, the Leo-Cedarville Town Council hereby adopts the following ordinance regarding the Personnel Policies of the Town of Leo-Cedarville.
SECTION I: Scope of Policy
The Leo-Cedarville Town Council hereby adopts this written personnel policy which shall apply to all full-time, part-time or temporary employees of the Town of Leo-Cedarville, Indiana [“the Town”], including, but not limited to the Leo-Cedarville Town Administrator. This Policy shall not govern the Leo-Cedarville Town Council, the Leo-Cedarville Clerk-Treasurer, the members of the Town Planning Commission, the members of the Town Board of Zoning Appeals, the members of the Town Advisory Park Board, or any other elected or appointed officer of the Town.
The President of the Leo-Cedarville Town Council or his/her designee shall manage the employees of the Town on a day to day basis. Except, the Leo-Cedarville Clerk-Treasurer shall manage any employees hired by the Clerk-Treasurer or any other employees when those employees are assisting the Clerk-Treasurer. The President of the Leo-Cedarville Town Council may terminate, demote or suspend employees of the Town only with the approval of the majority of the Leo-Cedarville Town Council pursuant to IC 36-5-2-13. Employees that are hired by the Clerk-Treasurer to assist the Clerk-Treasurer shall serve at the pleasure of the Clerk-Treasurer pursuant to IC 36-5-6-7.
For purposes of this ordinance, any clause that specifies that action may be taken by the “Town” or by “Leo-Cedarville” shall be read to mean by a “Majority of the Leo-Cedarville Town Council.” Other than the President of the Town Council, or his/her designee, individual members of the Town Council shall not have direct, individual supervisory control over Town employees.
The Town Council shall be the final authority regarding the interpretation of these policies. The Clerk-Treasurer shall have the authority to adopt these policies or to modify these policies only with regards to employees hired by the Clerk-Treasurer under IC 36-5-6-7.
SECTION 2: Employment Relationship
All employees of the Town are “at-will” employees, and the Town may terminate the employment of any employee at any time with or without cause. No employee shall have a property interest in employment or a legal right to continued employment with the Town. That arrangement may only be varied by a duly adopted resolution of the Town Council followed by a separate written contract signed by the President of the Town Council and attested by the Town-Clerk-Treasurer. Employees shall be classified as follows:
A full-time employee is a person who is scheduled to work on the average of 32 hours per week or more during the calendar year. A full-time employee is entitled to all fringe benefits offered by the Town for which the employee personally qualifies.
A part-time employee is a person who is scheduled to work less than an average of 32 hours per week during the calendar year. A part-time employee is not eligible for fringe benefits except holiday pay and medical leaves of absence.
A temporary employee is a person who is employed for a specific period (such as summer) for a specific purpose (such as to replace a regular employee who is temporarily absent). A temporary employee is not eligible for fringe benefits.
SECTION 3: Equal Employment Opportunity Statement
The Town of Leo-Cedarville is an equal opportunity employer. The Town will provide equal employment opportunity without regard to race, color, sex, age, disability, religion, national origin, or political belief or activity. The Town complies with all applicable provisions of federal, state, and local laws.
This policy applies to all phases of employment, including recruitment, hiring, training and development, promotion, transfer, termination, layoff, compensation, benefits, social and recreational programs, and all other conditions and privileges of employment.
Equal employment opportunity notices shall be posted on appropriate employee bulletin boards as required by law. The notices summarize the rights of employees to equal opportunity in employment and lists the names and addresses of the various government agencies that may be contacted in the event that any person believes he or she has been discriminated against.
The Town Council is primarily responsible for seeing that the Town’s equal employment opportunity policies are implemented, but all officers and employees share in the responsibility for assuring that by their personal actions the policies are effective and apply uniformly to everyone. Accordingly, it is the responsibility of every employee to:
|1.||Report any instances of discrimination, harassment or other unlawful conduct observed by the individual to the Town Clerk-Treasurer or the Town Council President;|
|2.||Thoroughly cooperate in any investigation of alleged discrimination and are at variance with the intent of this Equal Employment Opportunity Policy.|
|3.||Be continually alert to identify and correct any practices by individual that are at variance with the intent of this Equal Employment Opportunity Policy.|
No employee will be punished, disciplined, or in any way retaliated against for complaining of or reporting any conduct that the employee in good faith believes is discriminatory, harassing or otherwise unlawful or for otherwise participating in an investigation of such conduct. Any employee that believes they have been retaliated against for complaining or reporting such conduct or for participating in an investigation should report such retaliation immediately to the Clerk-Treasurer or to the President of the Town Council.
Employees who believe that their complaints to the Clerk-Treasurer and the President of the Town Council have not been fairly handled, or who believe that such complaints would be futile, should file a written complaint to the Town’s EEO officer. The Town’s EEO officer shall be the Town Attorney or such other individual that is named by the Town Council. The Clerk-Treasurer, Town Council President, or Town EEO Officer shall perform a full investigation of the complaint, and report the complaint and the findings of the investigation to the Town Council at an executive session. The Town Council may consider whether further investigation is needed or whether discipline or corrective action is appropriate on a case-by-case basis. Any motion for disciplinary or corrective action or other final action by the Town Council must be made at an open meeting.
Any employees that discriminate against or harass another employee due to their sex, age, race, color, national origin, religion, or political beliefs or activities will be subject to discipline up to and including discharge. However, no employee has the right to demand that any other employee be discharged or otherwise disciplined. Every employee has the right to work in an environment free from unlawful discrimination orharassment, but decisions regarding discipline are at the sole discretion of the Town Council.
Section 4: Recruitment, Selection and Hiring
The Town Council shall have the authority to hire employees on behalf of the Town. However, the Council may delegate to department heads or other officers or employees of the Town the authority to hire subordinate staff. The Clerk-Treasurer shall have authority to hire employees to assist the Clerk-Treasurer with the approval of the Town Council.
When selecting candidates for a position, the Town Council and/or Clerk-Treasurer shall select employees based upon their experience, education, work history, ability to perform the job, and other special qualifications and talents as determined by the Council or the Clerk-Treasurer to be relevant to the position in question.
Town Council Members or other Town Officers may be hired as employees of the Town, however, disclosures of potential conflict of interest should be made to pursuant to IC 35-44-1-3 in such cases.
The Town Council or the Clerk-Treasurer may at its discretion require employees to pass a physical examination conducted by a physician appointed by the Town to determine if an employee is physically able to safely perform the essential functions of the job. Such physical exams may only be given after a conditional offer of employment is made or after employment has commenced if a question regarding the employee’s ability to perform the job arises. Physical examinations shall not be required solely due to the existence of a physical or mental disability unless there is a legitimate question regarding the employee’s ability to perform the essential functions of the job.
All physical evaluations or other medical information obtained by the Town regarding an employee shall be kept confidential and shall be maintained in a file separate from the employee’s regular personnel file.
Section 5: Employee Discipline
The Town reserves the right to discipline and discharge employees. When, in the Town’s opinion there is a problem with an employee’s performance, attendance, or conduct, or there is some other problem that needs to be addressed, disciplinary action may be taken. If the problem is not corrected, the employee may be terminated. The Town does not guarantee any particular disciplinary procedure or specific warning before discharge. Some problems or conduct may, in the Town Council’s discretion, warrant termination for the first offense. Any action taken should not be interpreted as establishing a precedent for other cases.
All disciplinary action of Town employees, other than employees who serve at the pleasure of the Clerk-Treasurer, must be approved by a majority of the Town Council. Employee disciplinary issues may be discussed in executive session. Any final disciplinary action must be taken at an open meeting.
Section 6: Terms and Conditions of Employment
This section sets forth the general terms and conditions of employment applicable to the employees of the Town of Leo-Cedarville. The Town Council reserves the right to alter the terms and conditions of employment set forth herein for particular employees by resolution.
Work Schedules: Employee work schedules shall be set by the designated supervisor on a case by case basis. If an employee needs to request a change in his or her normal schedule, such employee must request any change in writing to their designated supervisor.
Breaks: Employees that work at least eight hours in one day shall be provided with a lunch break. Lunch Breaks shall be scheduled at the convenience of the designated supervisor. Breaks that are at least twenty minutes in length may be unpaid provided that the employee is free to leave their work sites at will, and provided that the employee does not perform any work during the break.
Additional paid breaks may be granted at the discretion of the designated supervisor. Employees must remain at the work site during these breaks, and may be asked to perform work during the break period if necessary.
Wages: All employee wages shall be set forth in the Town’s Salary Ordinance. No employee shall be paid less than the statutory minimum wage. All nonexempt employees shall be paid time-and-a-half for all hours worked over 40 hours in any single week. The fact that an employee is paid a salary rather than minimum wage does not determine the employee’s eligibility for overtime pay.
Pay periods for hourly employees will run from Monday to the second consecutive Sunday. Paychecks will be issued by 6:00 p.m. of the following Friday
Vacation: All regular full-time employees shall be entitled to one weeks paid vacation following their first full year of employment. Beginning on the first day of January following their second full year of employment, full time employees shall be entitled to two weeks of paid vacation. Beginning on the first day of January following seven full years of employment, full time employees shall be entitled to three weeks of paid vacation. All weeks of vacation shall be paid at the employee’s standard hourly rate times the employee’s regular hours of employment (or in the case of salaried employees, employees shall be paid their standard weekly salary). An employee’s first week of vacation shall accrue on the employee’s first anniversary date. Thereafter, vacation time shall accrue each January 1st. A maximum of one week of unused vacation may be carried over to the next year. Unused vacation time in excess of one week is lost. An employee may never have more than four weeks of accrued vacation in any year. Vacation time may not be sold back at the end of the year, but unused vacation time shall be paid as wages upon the termination of employment.
Personal Days: Employees shall be given two paid personal days a year. Personal days may be used for any reason, but the time off must be approved by the designated supervisor. Personal days should be scheduled in advance with the approval of the designated supervisor, except in cases of emergency or illness. Unused personal days are lost, they do not carry forward from year to year, and they are not paid as wages upon the termination of employment.
Holidays : The following paid holidays will be observed by the Town:
The day after Thanksgiving Day
Any others as determined by the Town Council
Holidays that fall on a Saturday shall be celebrated on the Friday before the holiday. Holidays that fall on a Sunday shall be celebrated on the Monday following the holiday. The Town’s offices shall be closed on these holidays or the days celebrated for the holidays. All full-time employees will be given one day’s pay (at their regular rate) for each holiday that falls or is celebrated on a day when the employee would normally work.
Attendance: Attendance is crucial to the excellent service that Town Council wants to provide to the public. Numerous absences affect the Town’s operations as well as the jobs of other employees. Likewise, all employees are expected to arrive to work on time. Arriving late, leaving early, extended breaks, and extended lunch periods are unprofessional and also affect the Town’s operations as well as the jobs of other employees.
Excessive or chronic absences or tardiness will result in disciplinary action that may include termination. Failing to provide advanced notice of the need for an absence or tardiness when such notice was reasonably possible may result in disciplinary action. Lying to the President of the Town Council, the Clerk-Treasurer or another Town Officer regarding the reasons for an absence or tardiness shall be grounds for discipline. Patterns of absences or tardiness that indicate abuse (such as recurring use of sick days on Fridays or Mondays or around holidays) may also be grounds for discipline.
Absences for the following reasons are excused provided that the employee provides the Town with a copy of the summons, subpoena or other document:
Service on a Grand Jury
Witness before a Grand Jury
Witness at a Coroner’s Inquest
Any absence in compliance with a Subpoena
Employees who are not exempted under the Fair Labor Standards Act are not paid for time missed due to absences or tardiness. Exempt employees are not paid for full-day absences.
On the Job Injury: Employees that become ill or injured on the job should report the illness or injury immediately to the Clerk-Treasurer or the President of the Council. The Town of Leo-Cedarville provides workers compensation insurance to all of its employees as required by state law. Additionally, employees that are medically disabled due to an on the job injury shall receive their normal rate of pay for up to five days of their normally scheduled work period provided that a physician acceptable to the Town certifies that the employee is unable to work due to an on the job injury.
Leaves of Absence: Leaves of absence in excess of five consecutive days must be approved by the Town Council. Requests for such leaves of absence must be made in writing to the Town Council through the President of the Town Council no less than two weeks prior to the commencement of the leave. In situations involving employees hired by the Clerk-Treasurer, such leaves must also be approved by the Clerk-Treasurer.
(1) Medical Leave
An employee who is unable to perform the essential functions of his or her job due to a temporary illness or injury or due to treatment of an illness or injury may apply to the Town Council for a medical leave of absence. Such leaves may not exceed 90 days. The Town Council reserves the right to require the employee to perform light duty work which falls within the employee’s medical restrictions if such work is available. An employee requesting a medical leave must supply medical documentation of the need for the leave. The Town Council reserves the right to require the employee to submit to a medical examination by a physician selected and paid for by the Town to confirm the employee’s inability to perform the functions of their job. All leaves are granted at the sole discretion of the Town Council. All leaves are without pay. All unused vacation days shall be used contemporaneously with any medical leave of absence.
The Town Council further reserves the right to require the employee to be examined by a physician and to obtain a release to return to work prior to reinstating any employee following the expiration of a medical leave of absence.
(2) Military Leave
Leaves of absence shall be provided for military service in the United States Military or the Indiana National Guard. Employees must provide notice to the Town Council of the need for military leave as soon as possible, and provide copies of the military orders prior to beginning leave. The Town will provide up to 15 days of paid military leave per year as required by IC 10-2-4-3. The Town will reinstate employees to their former positions following military leave as required by the Uniformed Services Employment and Re-employment Rights Act 38 U.S.C.A. §§ 4301-4333.
Section 7: Political Activities:
Employees of the Town of Leo-Cedarville are free to engage in political activity and free speech as protected by the First Amendment to the United States Constitution. However, no political activity shall occur during work hours or on Town property unless such property is made available to the general public for such political activity.
Section 8: Conflicts of Interest:
Employees of the Town are “Public Servants” as defined by IC 35-41-1-24. As such, Town employees must be on guard for potential conflicts of interest. Conflicts of interest include any situation where a Town employee has a pecuniary interest in or derives a profit from a contract or purchase of the Town. Employees must disclose any potential or apparent conflicts of interest to the President of the Town Council and/or the Clerk-Treasurer. If necessary, additional disclosures may need to be filed pursuant to IC 35-44-1-3.
Employees shall not use their employment with the Town to provide benefits to themselves, their family, friends or associates that are not similarly available to citizens of the Town generally, or are not specifically provided to the employee by the Town as a benefit of employment. Employees shall not convert Town property for personal use.
Section 9: Indemnity:
The Town of Leo-Cedarville shall indemnify its employees from any liability arising from conduct occurring within the scope of the employee’s employment or official duties for the Town.
Section 10: Enactment:
This ordinance shall repeal any prior ordinance inconsistent with its terms.
This ordinance shall become effective upon its passage and upon its execution by the Town Executive (i.e. Town Council President) as attested by the Clerk-Treasurer.
Originally passed and adopted by the Town Council of the Town of Leo-Cedarville, Indiana on the 29th day of April, 2003.
Janice Linn – Council President
Thomas Weaver – Vice President
Attested: Pamela Spannuth, Clerk-Treasurer
Revisions adopted by the Town Council of the Town of Leo-Cedarville, Indiana on the 18th day of July, 2006.
Michael K. Young
Attestation of Clerk-Treasurer
I, Pamela Spannuth, the Clerk-Treasurer for the Town of Leo-Cedarville, Indiana, hereby attest that the ordinance set forth above was adopted by the legislative body of the Town of Leo-Cedarville on July 18, 2006 and signed by the Executive for the Town of Leo-Cedarville, and properly executed in my presence on July 18, 2006 .
| Pam Spannuth