ORDINANCE DESIGNATING PERSONNEL POLICIES, JOB DESCRIPTIONS,
AND
RESPONSIBILITIES FOR THE TOWN OF MILLERSBURG EMPLOYEES
Whereas, the Town Council, of the Town of Millersburg, Indiana, desires to implement the following, personnel polices, job descriptions, and responsibilities for the employees of Millersburg. This replaces Ordinance 2002-9
1. Employment
1.1 Hiring
The Town Council shall be responsible for the hiring of all town employees. The department heads shall have the responsibility of interviewing all job applicants for their respective departments, and shall bring their recommendations to the Town Council. The Town Council must approve appointments before hiring.1.2 Termination
The department heads may terminate the employees of their respective departments with just cause. The Town Council may terminate the employment of a department head at any time with just cause. The department head may resign by giving the Town Council a thirty, (30) day notice of their intention to do so in writing. It is fully understood that the thirty, (30) day notice does not include any vacation or compensation time.1.3 Nondiscrimination
It is the policy of the Town Council not to discriminate in employment or program services for reasons of race, color, sex, age, religion, national origin, or handicapping condition, in accordance with the American’s with Disabilities Act of 1990.1.4 Political Affiliation
The political affiliation of any applicant shall not be considered in either employment or promotion in rank, grade, or position.
2. Drug-Free Workplace
2.1 The Town of Millersburg is committed to providing a drug-free workplace, and the Town of Millersburg expects the cooperation of all employees and a similar commitment from them. The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace is prohibited. Any employee who violates this rule may be subject to discipline, up to and including termination. As a condition of employment, all employees must abide by this rule. In addition, any employee who is convicted of a drug statute violation arising out of conduct occurring in the workplace must notify the Town Council of such conviction with five, (5) days after the conviction.
2.2 Drug Abuse in the Workplace
2.2.1 The Town of Millersburg has an obligation to its employees and the general public to take reasonable and appropriate steps to prevent drug and alcohol abuse by its employees in or affecting the workplace. This policy is based in part on the Towns concern regarding the safety, health and welfare of its employees, their families, and the community at large as well as its legal obligations to conduct certain alcohol and drug testing pursuant to federal regulations.
2.2.2 Consistent with this commitment, the Town strictly prohibits:
a) The presence of employees on the job while under the influence of alcohol, illegal drugs, controlled substances, or other intoxicants;
b) The use, possession, transfer, or trafficking of alcohol, illegal drugs, controlled substances, or other intoxicants in any amount, in any manner, or at any time, either on Town premises or while conduction Town business other than for law enforcement purposes by duly recognized law enforcement officers;
c) The use of Town property, including Town vehicles, and telephones, or any employees position with the Town to make, transfer, or traffic alcohol, illegal drugs, controlled substances, and other intoxicants; and
d) Any other use, possession, transfer, or trafficking of alcohol, illegal drugs, controlled substances, or other intoxicants in a manner which has an adverse impact on the Town.
e) A person required to take a prescription drug, prescribed by a doctor will notify his/her supervisor prior to work of the situation. It will be the supervisors discretion and, or the Town Councils’ discretion as to if and when the person will report for work. Safety of the Community, Town Property and Persons will take president.
3. Work Schedule
3.1 Work Week
3.1.1 Police Department
A written schedule for each week shall be presented to the clerk-treasurer and each member of the Town Council prior to the date that the schedule is to start.
3.1.2 Street & Utilities Department
The normal work week for all employees shall be forty hours, to consist of five consecutive eight hour days, Monday through Friday, unless an emergency occurs, as defined by either the maintenance director, and utilities superintendent, or the Town Council.3.2 Standard Work Day
3.2.1 Police Department
The standard workday shall be eight hours per shift, eight hours on duty. The
marshal is to shuffle shifts so that the public can determine no set pattern.
The standard workday includes meal breaks at the officer’s discretion.
3.2.2 Street & Utilities Department
Generally, the workday shall consist of eight working hours, 7:00 a.m. to 3:30
p.m. with two fifteen minute breaks and one thirty minute lunch break.
4. Wages and Overtime Compensation
4.1 Wages
Wages shall be determined at the time of the yearly budget planning and shall be set by ordinance by the Town Council at the first regular meeting of the calendar year. Employees shall receive their wages every other Friday.4.2 Overtime Compensation
All employees shall be compensated for overtime worked at the rate of one and one-half hours of compensatory time, for every hour worked. The employee’s department head must authorize compensatory overtime.4.3 Use of Compensatory Time
All employees will be allowed to use their compensatory time at the discretion of the Department Head and or Town Council. Department heads with more than one employee will make a good faith effort not to have one or more employees off on compensatory leave at the same time. Employee will not use more than 24 hours of compensatory leave at one time without prior approval of the Town Council.4.4 Compensatory Time Limitations
All employees will be allowed to hold 80 hours of compensatory overtime on the books from month to month and year to year. Any compensatory overtime exceeding 80 hours not used by the end of each calendar month will be forfeited.
The Town Council has the right to extend the numbers of hours held over when circumstance deem this necessary, and would need to be approved by the Town Council each month, that time is extended.4.5 Paid Overtime
There will be circumstances that will occur from time to time where the Town Council may wish to compensate an employee with paid overtime. This will be at the discretion of the Town Council on an individual basis and not required. The Town Council must approve all paid overtime.
5. Employee Benefits
5.1 Insurance
The Town of Millersburg intends to pay ninety-five percent (95%) of the premium for full-time employees and their families in 2001 for such health and life insurance as the Town of Millersburg shall have from time to time. The Town of Millersburg intends to pay ninety percent (90%) of such premiums in calendar year 2002, eighty-five percent (85%) in calendar year 2003, and eighty percent (80%) in calendar year 2004 and subsequent years, although the Town Council reserves the right, as with any policy, to amend this schedule from time to time. The employee shall pay the balance of any premium not paid by the Town of Millersburg. The Town of Millersburg currently pays for disability insurance in full for all full-time employees.5.2 Uniforms – Police Department Only!
The cost of uniforms shall be paid for by the Town of Millersburg in an amount not to exceed the amount authorized by the budget.5.3 Vacations
Full time employees shall be eligible for a paid vacation after one full year. The Town of Millersburg shall pay the employee at the regular hourly base rate. Each full time employee shall receive:(1) Two weeks of paid vacation after one (1) full year of employment,
(2) Three weeks of paid vacation after eight (8) years of employment,
(3) Four weeks of paid vacation after seventeen (17) years of employment.Vacations must be taken during the regular calendar year and cannot be accumulated, and/or carried forward to the following year. If the workload does not permit the use of all vacation, than the Town Council may approve the payment of vacation time at the end of the year. The department head and the Town Council must approve all vacations.
5.4 Holidays
The town of Millersburg shall pay employees for each of the designated holidays at their regular hourly base rate. When the holiday falls on a Sunday, the town shall grant the following Monday as the holiday. When the holiday falls on a Saturday, the town shall grant the proceeding Friday as the holiday. If the holiday occurs during a vacation, an additional day may be added to the vacation. Full time employees shall be granted eight (8) paid holidays per year as follows:
New Year’s Day Good Friday Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Floating Holiday The floating holiday can be taken whenever an employee wishes. The department head and the Town Council must approve the day one (1) week prior. It shall be the responsibility of the Town Council to assure that no more than one town employee is taking a floating holiday on any given day. If any employee works on any holiday he shall be compensated at double time. No holidays shall be carried to the following calendar year.
5.5 Sick Leave
Each full-time employee shall be allowed two weeks (10 working days) sick leave, paid at the regular base rate of pay. Unused sick days shall not be carried forward to the following calendar year. Time taken off for illness or injury within the immediate family will be considered excused, but the employee will not be paid, in accordance with the family and Medical Leave Act of 1993. The employee can use the floating holiday for this situation, and the Town Council will have the authority to waive the one-week notification requirement in such situations. Sick days are to be used solely in the event of illness of, or injury to the employee, or to avoid exposing others to illness.
In order to qualify for sick leave pay, the employee must:
(a) Notify either the department head or the Town Council on the first day of the absence,
(b) After three (3) days of absence, be prepared to furnish proof of illness and or injury from a licensed physician or practitioner to support his/her claim.5.6 Bereavement Leave
In the event of death in the immediate family, a full-time employee shall be allowed the following: (a) Three (3) days absence with pay during the normal workweek at their regular hourly base rate if the death is a member of the employees’ immediate family. The immediate family includes: spouse, children, stepchildren living in the employee’s home, brothers and sisters (including in-laws), parents (including in-laws), grandchildren, and grandparents (including in-laws). (b) Three (3) days excused absence without pay if the deceased is a stepparent, stepsister or brother, or a foster-child.
Additional time can be utilized with vacation or sick days upon approval of the Town Council, who may require a newspaper obituary notice or other proof of death.
5.7 Leave without pay
Employees who wish to take a leave without pay shall present their written request containing the reason and length of time to the Town Council for approval.5.8 Court Time
The officer will be allowed to receive another day off:
(a) If it is the officers day off,
(b) If the Millersburg police officer is required to appear at any location by means of a request, from the prosecutor’s office, or a subpoena from the court,
(c) Either of which being related to a case the officer is involved in.Employees called for jury duty, will be compensated by the town of Millersburg for the difference between the payment received for such compulsory jury duty or court appearance:
(a) If employees are subpoenaed to appear in court as a witness in a matter in which the town or state is a party.
5.9 Education
Cost of meals and overnight housing if necessary will be paid on receipt of receipts and a signed claim voucher provided to the clerk-treasurer. Mileage for the use of a personal car will be paid according to the current rate paid by Elkhart County. The Town Council must approve the attendance at the educational class and/or the use of a town vehicle for transportation. An employee attending any educational function paid for by the town where overnight lodging is required shall be paid a maximum of eight hours per day. This section includes elected officials, officials elect, appointed officials, and town employees.5.10 Pension
The town of Millersburg will enroll every full-time employee in the Public Employees Retirement Fund (PERF) as governed by the State of Indiana.
6. Disciplinary Action
Employee misconduct and unsatisfactory work performance shall be grounds for
disciplinary action. Disciplinary action taken by the department head or the
Town Council includes verbal and written warnings, suspensions without pay,
and termination of employment. Causes for disciplinary action include, but are
not limited to the following:
6.1 Drinking alcohol or taking illegal drugs on the job, or arriving on the job under the influence of such substances.6.2 Offensive language or conduct towards the public or other employees
6.3 Any violation of the law
6.4 Stealing or destruction of municipal property
6.5 Fighting on the job
6.6 Unexcused tardiness
6.7 Unexcused absences
6.8 Insubordination
6.9 Disreputable employee appearance
6.10 Failure to follow instructions or orders from a superior
6.11 Abusing or being wasteful of materials, property or working time
6.12 Any other offense defined by the council
7. Duties and responsibilities of town employees
7.1 Police Department
7.1.1 Town Marshal
7.1.1.1 The marshal is charged with executing the orders of the Town Council and with enforcing the ordinances of the town and the laws of the state and has the power and duty to serve all process issued by the Town Council. The marshal and appointed deputies must meet the state training requirements of the Law Enforcement Training Academy.
7.1.1.2 The marshal must reside within the town of Millersburg within three (3) months of employment.
7.1.1.3 The marshal will be required to attend all regular Town Council meetings and any other meeting required by the Town Council. The marshal will be paid at the regular hourly base rate for attending these meetings and is prohibited from taking his floating holiday on a regularly scheduled meeting date.
7.1.1.4 The marshal will be required to keep a current and accurate inventory of all police equipment and supplies. The marshal will provide a report of this inventory to the Town Council at the first meeting in the month of January.
7.1.1.5 All full-time officers are required to be on call 24 hours a day, 365 days a year, and shall carry a portable police radio and/or inform the Elkhart County Communication Center of their whereabouts at all times.
7.1.1.6 The marshal is required to compile and keep up to date a policy that governs his department. The Town Council must approve the department policy and any changes made to it prior to it becoming effective. The policy may not be inconsistent in any way with this ordinance.
7.1.2 Officer requirements
All officers of the Millersburg Police Department must meet the state training requirements of the Law Enforcement Academy (IC 5-2-1), and shall meet the following minimum standards of physical, mental, and moral fitness:
7.1.2.1 A citizen of the United States of America
7.1.2.2 At least twenty-one (21) years of age
7.1.2.3 Officers’ weight shall be in proportion to height and build, per medical chart for entrance to the Indiana Law Enforcement Academy. Officer shall be physically able to perform routine law enforcement duties.
7.1.2.4 Officers shall process acuity of vision correctable to 20-20 in each eye. The officer shall have the ability to distinguish the colors of red, green, and amber.
7.1.2.5 Officers shall be free from any major impediments of the senses
7.1.2.6 All officers shall have graduated from high school as evidenced by a diploma issued by a high school
Accredited by the department or agency of any state authorized to accredit high schools. An equivalency diploma issued by such an accredited high school is acceptable.
71.2.7 Officers shall posses a valid driving license from the State of Indiana.
7.1.2.8 Officers shall be of good reputation and character
7.1.2.9 Officers shall not have been convicted of a felony or any crime involving moral turpitude.
7.1.2.10 A dishonorable discharge from military service shall disqualify any officer, and a discharge other than honorable may be grounds for rejection in accordance with standards.
7.1.2.11 A physician with an unlimited license to practice medicine shall examine all officers. The physician will aid in determining that he/she is physically, emotionally and mentally fit for normal police functions.
7.1.2.12 All officers of this department shall within the first year of employment successfully complete the minimal basic training course prescribed by the Indiana Law Enforcement Training Board.7.1.3 Police Vehicles
The use of police vehicles is permitted only while the officer is on duty or on call and for the purpose of carrying out the officer’s police duties. Passengers, other than police officers and prisoners, must sign a waiver for the protection of the police officer and the town of Millersburg. The use of any police vehicle is not permitted outside the town limits for non-police related functions, except with permission of the Town Council.
The Town Council gives the Marshal the option to use his police vehicle for personal use and is not subject to the above policy.7.1.4 Church Policy
If an officer is working on Sunday and wishes to attend church services, he/she will be allowed to do so if he first advises the dispatcher of his location and a telephone number where he can be reached in case of emergency.7.2 Water, Wastewater and Street Departments
7.2.1 Superintendent of Wastewater and Water
7.2.1.1 Shall be on call 24 hours per day, 365 days per year, and shall be available for call by pager and/or his home phone or inform the Town Council of his whereabouts at all times.
7.2.1.2 Shall be required to attend all regularly scheduled Town Council meetings and any other meeting required by the Town Council. The superintendent will be paid at the regular straight time hourly base rate for attending these meetings and is prohibited from taking his floating holiday on a regularly scheduled meeting date.
7.2.1.3 Shall be responsible for the maintenance of all water and sewer equipment, and shall keep a current and accurate inventory of all such equipment, and will provide a report of this inventory to the Town Council at the first meeting in the month of January.
7.2.1.4 Shall be responsible for the operation of the water and wastewater departments.
7.2.1.5 Shall be responsible for the supervision of all employees (both hired and volunteers) involved in the operation of the water and wastewater departments.
7.2.1.6 Shall be responsible for any other duty ordered by the Town Council.
7.2.1.7 Shall be responsible for giving the Town Council reports on the operations of each department.
7.2.2 The Water Department
7.2.2.1 Shall acquire needed licenses as defined by the Indiana Department of Environmental Management (I.D.E.M.) to wit: water treatment and distribution certifications.
7.2.2.2 Shall acquire the necessary additional training specified by federal, state, or local laws in order to insure proper operation and maintenance of the water department.
7.2.2.3 Shall insure that the water department remains current and up to date on all policies and changes as outlined by federal and/or state regulatory agencies.
7.2.2.4 Shall make all needed tests and submit all samples as required by federal and/or state regulatory agencies.
7.2.2.5 Shall submit all reports required by law.7.2.2.6 Shall maintain all records and maps as required by federal and/or state regulatory agencies and the Town Council.
7.2.2.7 Shall take regular meter readings as required by town ordinance with assistance of one employee from the street department.
7.2.2.8 Shall make all necessary meter installations and changes with assistance of at least one employee from the street department.
7.2.2.9 Shall insure proper maintenance of wells, pumps, hydrants, chlorinator and any other property or equipment related to the operation of the water department with assistance of at least one employee from the street department.
7.2.2.10 Shall perform hydrant-flushing as needed with assistance of at least one employee from the street department.
7.2.2.11 Shall make all water taps as required with assistance of at least one employee from the street department.
7.2.2.12 Shall maintain and repair the distribution system with assistance of at least one employee from the street department.
7.2.2.13 Shall work with the clerk-treasurer as necessary to insure continued operation.
7.2.2.14 Shall, to the best of their ability, insure that water ordinances are followed and all known violations are either corrected or brought to the attention of the Town Council.
7.2.2.15 Shall keep a current and accurate inventory of equipment and supplies.
7.2.2.16 Shall prepare all required equipment specifications.
7.2.3 The Wastewater Department
7.2.3.1 Shall acquire needed licenses as defined by the Indiana Department of Environmental Management (I.D.E.M.) to wit: Class 1 wastewater treatment plant operator.
7.2.3.2 Shall acquire the necessary additional training specified by the Indiana Department of Environmental Management and the Town Council in order to insure proper operation and maintenance of the wastewater department.7.2.3.3 Shall insure the wastewater department remains current and up to date on all policies and changes as outlined by federal and/or state regulatory agencies.
7.2.3.4 Shall make all needed tests as required by federal and/or state regulatory agencies.
7.2.3.5 Shall submit all reports as required by law.
7.2.3.6 Shall maintain all records and maps as required by the Indiana Department of Environmental Management, the Environmental Protection Agency, and the Town Council.
7.2.3.7 Shall install all taps and inspect all laterals with assistance of at least one employee from the street department.
7.2.3.8 Shall work with the clerk-treasurer as necessary to insure continuous operation.
7.2.3.9 Shall, to the best of their ability, insure that sewer ordinances are followed and all known violations are either corrected or brought to the attention of the Town Council.
7.2.3.10 Shall maintain and repair collection systems, lift stations, man-holes, the treatment plant, and all other property and items pertaining to the wastewater department with of at least one employee from the street department.
7.2.3.11 Shall keep a current and accurate inventory of all
equipment and supplies.7.2.3.12 Shall prepare all required equipment specifications.
7.2.4 The Street Department
7.2.4.1 Shall sweep streets and alleys as needed.
7.2.4.2 Shall patch streets and alleys as needed.
7.2.4.3 Shall remove snow from streets and alleys as needed.
7.2.4.4 Shall spread salt and/or sand where and when necessary.
7.2.4.5 Shall erect, maintain, and repair street signs.
7.2.4.6 Shall observe street lights for malfunction, and repair as necessary.
7.2.4.7 Shall grade alleys as needed.
7.2.4.8 Shall re-gravel alleys and brims as needed.
7.2.4.9 Shall mow all town properties except the parks.7.2.4.10 Shall paint curbs as necessary.
7.2.4.11 Shall prepare street bids.
7.2.4.12 Shall control weeds.
7.2.4.13 Shall prepare equipment specifications as required.
7.2.4.14 Shall maintain all equipment related to the operations of the street department and assist with equipment of other departments.
7.2.4.15 Shall keep a current and accurate inventory of all equipment, vehicles, and supplies pertaining to the street department.
7.2.4.16 Shall maintain all buildings owned by the Town of Millersburg.7.2.5 Employee Responsibilities
7.2.5.1 All employees shall be willing and able to assist in the operation of the water, wastewater, police and street departments.
7.2.5.2 All employees shall be able to work eight hours per day, forty hours per week unless asked to alter their schedule by the department head or the Town Council.
7.2.5.3 All employees shall be able to operate all town maintenance equipment in a satisfactory manner.
7.2.5.4 No employee shall make any purchase on behalf of the department without the express permission of the department head or the Town Council.
7.2.5.5 All employees shall reside within five miles of the town of Millersburg within 3 months of employment, unless given a waiver by the Town Council.
7.5 All Town Employees
7.5.1 All employees shall abide by the items in this ordinance with no exceptions, other than those specifically granted by the Town Council.
7.5.2 Any employee who wishes to register a complaint about another employee shall do so only in writing and to the Town Council. The complaint must include specific instances of wrongdoing, citing the town ordinance, or state, or federal law which has been violated, and the date of the violation. The Town Council may require proof of wrongdoing before any action is taken.
7.5.3 All employees shall act with civility toward other employees and town officials, and shall not raise their voice or act disrespectful toward anyone while on duty.
7.5.4 All employees understand that they will be held accountable for all their actions while on town time, and their actions toward other town employees and town officials at all times. This accountability may include but is not necessarily limited to suspension without pay or termination either of which is the decision of the town council. In the event of an emergency, whereby the town council has not met in quorum to discuss the employee’s actions any member of the council may suspend with pay any employee until the council has held an executive meeting to determine a final decision. For non-emergency matters, an executive session will be scheduled and the town council in quorum will discuss the employee’s actions and determine a final decision. In either case, this final decision may include but is not necessarily limited to, employee returning to duty, suspension without pay or termination.
The Town Council shall be responsible for the administration of all provisions outlined in the “Personnel Policy, Job Description, and Responsibilities Ordinance”. The Town Council may adopt, amend, or rescind written administrative procedures consistent with this ordinance.
Adopted by the Millersburg Town Council on the 22nd day of July 2002.