TOWN OF
FRONT ROYAL
EMPLOYEE HANDBOOK
Adopted - March 11, 2013
Table of Contents
1
INTRODUCTION ............................................................................................................................1
I. GENERAL INFORMATION ................................................................................................................1
II.
O
RGANIZATIONAL
V
ISION
, M
ISSION AND
V
ALUES
.................................................................. 1
III. ETHICS .........................................................................................................................................2
IV. EMPLOYMENT RELATIONSHIP ........................................................................................................4
V. EMPLOYMENT AT-WILL ................................................................................................................5
VI.
O
VERALL
A
DMINISTRATIVE
R
ESPONSIBILITIES
........................................................................ 5
VII.
D
EPARTMENT
D
IRECTOR
R
ESPONSIBILITIES
........................................................................... 5
VIII. POLICY MAINTENANCE ................................................................................................................5
2
EMPLOYMENT ...............................................................................................................................7
I.
E
QUAL
O
PPORTUNITY
E
MPLOYMENT
P
OLICY
.......................................................................... 7
II. CRIMINAL CONVICTIONS ...............................................................................................................8
III.
M
ERIT
P
RINCIPLES AND
S
ELECTION
....................................................................................... 8
IV. RECRUITMENT ...............................................................................................................................8
V. NEW EMPLOYEE ORIENTATION ....................................................................................................10
VI. POSITION CATEGORIES ................................................................................................................10
VII.
E
MPLOYMENT OF
S
PECIAL
C
ATEGORIES OF
I
NDIVIDUALS
..................................................... 11
VIII. DRIVING POLICY .......................................................................................................................12
IX.
I
NITIAL
E
MPLOYMENT
P
ERIOD
.............................................................................................. 14
X. SAFETY .......................................................................................................................................15
XI. EMERGENCY SERVICE .................................................................................................................16
XII.
S
CHEDULING OF
W
ORK
....................................................................................................... 16
XIII.
S
EPARATION FROM
E
MPLOYMENT
....................................................................................... 17
XIV. REINSTATEMENT .......................................................................................................................18
XV. PERSONNEL FILES .....................................................................................................................
18
3.
COMPENSATION ........................................................................................................................21
I. COMPENSATION PHILOSOPHY ......................................................................................................21
II. PAY PLAN ...................................................................................................................................23
III. POSITION CLASSIFICATION/RECLASSIFICATION.............................................................................24
IV. PAY ACTIONS .............................................................................................................................25
V. PAY PROCESS ..............................................................................................................................30
4
BENEFITS ......................................................................................................................................33
I.
R
IGHT TO
M
AKE
C
HANGES
................................................................................................... 33
II.
M
EDICAL
, V
ISION
,
AND
D
ENTAL
C
OVERAGE
......................................................................... 33
III. GROUP LIFE INSURANCE .............................................................................................................33
IV.
O
PTIONAL
G
ROUP
L
IFE
I
NSURANCE
...................................................................................... 34
V. RETIREMENT ...............................................................................................................................34
VI. DEFERRED COMPENSATION .........................................................................................................35
VI.
E
MPLOYEE
A
SSISTANCE
P
ROGRAM
....................................................................................... 36
VII.
W
ORKERS
’ C
OMPENSATION
I
NSURANCE
.............................................................................. 36
i
XVI. Release of Information.............................................................................................................19
VII. RETURN TO WORK PROGRAM ......................................................................................................37
XI. OTHER BENEFITS ........................................................................................................................37
5
PAID TIME OFF AND OTHER ABSE N CE S ................................................... 40
I. GENERAL INFORMATION ..............................................................................................................40
II. FULL-TIME PAID TIME OFF BENEFITS..........................................................................................40
III. HOLIDAY LEAVE .........................................................................................................................44
IV.
O
THER
A
BSENCES WITH
P
AY
................................................................................................ 45
V. MILITARY LEAVE ........................................................................................................................45
VI. WORK-RELATED INJURY LEAVE ..................................................................................................46
VII. ADMINISTRATIVE LEAVE ...........................................................................................................46
VIII.
UNAUTHORIZED ABSENCE ............................................................................................. 47
IX.
F
AMILY AND
M
EDICAL
L
EAVE
.............................................................................................. 47
6
PERFORMANCE MANAGEMENT ............................................................................................54
I.
O
BJECTIVES OF
P
ERFORMANCE
M
ANAGEMENT
..................................................................... 54
II. ASSESSING PERFORMANCE ..........................................................................................................54
III.
C
OMPLETING THE
P
ERFORMANCE
R
EVIEW
............................................................................ 55
7
WORKFORCE DEVELOPMENT ...............................................................................................57
I. WORKFORCE DEVELOPMENT .......................................................................................................57
II. EMPLOYEE RECOGNITION ............................................................................................................57
III.
T
UITION
A
SSISTANCE
P
ROGRAM
........................................................................................... 57
8
EMPLOYEE RESPONSIBILITIES .............................................................................................61
I.
C
ODE OF
C
ONDUCT FOR
M
UNICIPAL
S
ERVICE TO THE
T
OWN OF
F
RONT
R
OYAL
......................61
II.
S
USPECTED
T
HEFT AND
F
RAUDULENT
T
RANSACTIONS
..........................................................65
III. SECONDARY EMPLOYMENT ........................................................................................................65
IV.
W
ORKING
H
OURS
, P
UNCTUALITY
,
AND
A
TTENDANCE
...........................................................66
V. DISCIPLINE.................................................................................................................................66
VI.
D
RUG AND
A
LCOHOL
T
ESTING
.............................................................................................73
VII. DRESS CODE .............................................................................................................................79
VIII. HARASSMENT ............................................................................................................................80
IX. WORKPLACE VIOLENCE .............................................................................................................81
X.
I
NFORMATION
T
ECHNOLOGY
S
ECURITY
................................................................................83
XI. PUBLIC SPEECH ..........................................................................................................................83
XII. Electronic Information Device Policies for the Town of Front Royal ................................... 84
XIII. PARKING ................................................................................................................................... 86
XIV. SMOKING ..............................................................................................................................86
XV. INCLEMENT WEATHER.....................................................................................................86
XVI
R
EPORTING
E
MPLOYEE
A
CCIDENTS AND
I
NCIDENTS
.............................................................86
XVII.Work Related Injury Policy.....................................................................................................87
9
.
GRIEVANCE PROCEDURES ..........................................................................................................88
I. GENERAL INFORMATION ........................................................................................................................88
II.
C
OVERAGE OF
P
ERSONNEL
..............................................................................................................89
ii
III.
D
EFINITION OF A
G
RIEVANCE
............................................................................................... 90
IV.
L
OCAL
G
OVERNMENT
R
ESPONSIBILITIES AND
M
ANAGEMENT
R
IGHTS
................................... 90
V.
D
ETERMINATION OF
G
RIEVABILITY
....................................................................................... 91
VI. TIME PERIODS .............................................................................................................................92
VII. COMPLIANCE ..............................................................................................................................92
VIII. RELIEF SOUGHT ..........................................................................................................................92
IX.
W
AIVER OF
S
TEPS
................................................................................................................ 93
X.
S
TEPS IN THE
G
RIEVANCE
P
ROCEDURE
.................................................................................. 93
XI.
R
ULES FOR
G
RIEVANCE
P
ANELS
........................................................................................... 96
XII.
M
AINTENANCE OF
G
RIEVANCE
R
ECORDS
.............................................................................. 97
XIII. MEDIATION .................................................................................................................................97
10
DEFINITIONS ..............................................................................................................................98
iii
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1 Introduction
I.
General Information
A.
This document contains the primary employment policies and procedures that provide guidance to
effectively manage human resources within the Town of Front Royal. While no set of written
policies
can address every possible situation, these policies, when used as a whole, provide overall
guidance
for reasonable, consistent decision-making.
B.
As each Department has specific expectations of their employees and their work that are specific to
that Department, this Employee Handbook hereby incorporates each Department’s Operational
Manual
or General Orders approved by the Town Manager as an attachment to this document
enforceable
through this Handbook.
C.
All employees of the Town of Front Royal, those persons who work for the Town in return for
financial compensation, except elected officials and independent contractors, are governed by this
common set of employment policies. The Town Manager may make exceptions to the policies in
special or unusual situations when in his or her opinion an exception would be in the best
interest
of the Town. Exceptions are documented and maintained in the Human Resources
Department.
The policies are intended to provide effective guidance and sufficient flexibility to allow
independent
judgment while ensuring accountability to the public and consistent, equitable
decision-making. No
member of the Town administration, other than the Town Manager, has the
authority to modify any
of the terms or provisions of these “Employment Policies and Procedures.”
II.
Organizational Vision, Mission and Values
Inherent in Town Council’s vision, the mission of the employees of the Town of Front Royal is to deliver
services to Town residents, customers, and visitors in an efficient, effective and equitable manner and to
build a stronger community.
The core values that guide the organization’s actions and decision-making are the following:
A.
Respect
– appreciating the mixture of similarities and differences in beliefs and behavior of
employees and citizens.
B.
Honesty
– telling the truth, refraining from cheating and stealing, and avoiding conflicts of
interest.
C.
Customer Focus
– demonstrating a commitment to internal and external customer
service.
D.
Personal Responsibility
– taking ownership and accepting the consequences of one’s
actions.
E.
Integrity
– consistently applying these core values even when doing so is difficult or
unpopular.
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III.
Ethics
The Town expects employees to hold themselves and their coworkers to the highest ethical standards.
Employees are expected to act and make decisions based on public service principles and the organizational
values to achieve positive results.
The Town Employee’s Guiding Principles are:
Be efficient, courteous, and impartial in the performance of my duties, assuring fair and equal
treatment
of all persons, claims, and transactions coming before me in my official capacity
Work in full cooperation with other public employees in promoting the public welfare, recognizing
that my private interest must always be subordinate to the public interest
Make decisions conscientiously in compliance with public law and policies of the Town Council, and
subordinate my personal views to the requirements of law, my duty to office, and the regulations of
the Department in which I perform my public duties
Be scrupulously honest in handling public funds and in the conversion of public property, never using
any funds or property under my care for private benefit of others or myself
Never accept or engage in employment incompatible or in actual or possible conflict with my public
duties
Refuse to represent private interest before Departments of the Town government or in the courts in
any matter involving the interests of the Town as a party or in which my official position is a
consideration
Disclose all sources of income which may represent a conflict of interest with my official duties and
to disclose the nature and extent of any personal interest in a business entity engaging in any
transaction
with the Town in which I may be involved in my official capacity as a public official or
employee
Refrain from disclosing confidential information concerning the Town government
Refrain from accepting gifts or favors or promise of future benefit which might compromise, or
appear to reasonable people to compromise, my independence of judgment or action as a public
employee
Expose corruption wherever discovered
Keeping in mind that how results are achieved is as important as the results themselves, employees are
expected
to consider an ethical perspective and to seek advice and guidance whenever there is any doubt about
whether
actions or decisions are appropriate. Such advice and guidance is available from many sources
including
supervisors, Department Directors, the Human Resources Director, the Town Attorney or Town
Manager.
The Town Code of Ethics is as follows:
In order to ensure that Town officials represent fully the public and Town citizens maintain the highest
trust in their public officials and employees, the Town of Front Royal hereby adopts the Virginia State and
Local Government Conflict of Interests Act for all Town Officials and employees.
Appointed officials and employees are agents of public purpose and hold office for the benefit of the
public. They are bound to uphold the Constitution of the United States, the Constitution of the
Commonwealth
of Virginia, and the laws of the nation, state, and municipality to foster respect for all
government. They are
bound to observe in their official acts the highest standards of morality and to
discharge faithfully the
duties of their official acts the highest standards of morality and to discharge
faithfully the duties of
their office regardless of personal consideration, recognizing that the public interest
must be their primary
concern. Their conduct in both their official and private affairs should be above
reproach.
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Officials and employees of the Town of Front Royal should be loyal to the political objectives expressed
by the electorate as interpreted by the Council and the programs developed to attain those objectives.
Appointed officials and employees should adhere to the rules of work and performance established as the
standard for their positions by the appropriate authority. Officials and employees should not breach the
law or ask others to do so, and they should work in full cooperation with other public officials and
employees unless prohibited from doing so by law or by officially recognized confidentiality of their work.
Canvassing of members of the Council, directly or indirectly, in order to obtain preferential consideration
in connection with any appointment to the municipal service shall disqualify the candidate for appointment
except with reference to positions filled by appointment by the Council.
No official or employee shall request or permit the use of Town-owned vehicles, equipment, materials, or
property for personal convenience or profit.
No official or employee shall grant any special consideration, treatment, or advantage to any citizen
beyond
that which is available to every other citizen.
No official or employee, whether paid or unpaid, shall engage in any business or transaction or shall have a
financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of
his/her official duties in the public interest or would tend to impair his/her independence of judgment or
action in the performance of his/her official duties. “Personal interest” as distinguished from “financial
interest,” includes an interest arising from blood or marriage relationships or close business or political
association.
Specific conflicts of interest are provided below for the guidance of officials and employees:
A.
No official or employee shall engage in or accept private employment or render services for private
interests when such employment or service is incompatible with the proper discharge of his/her
official action in performance of his/her official duties.
B.
No official or employee shall, without proper legal authorization, disclose confidential information
concerning the property, government, or affairs of the Town. Nor shall he/she use such
information
to advance the financial or other private interest of himself/herself or others.
C.
No official or employee shall accept any valuable gifts, whether in the form of services, loans,
things, or promises, from any person, firm or corporation which to his/her knowledge is interested
directly or indirectly in any manner whatsoever in business dealings with the Town; nor shall any
such official or employee accept any gift, favor, or thing of value that may tend to influence
him/her
in the discharge of his/her duties, or grant in the discharge of his/her duties any improper
favor,
service, or things of value.
D.
No official or employee whose salary is paid in whole or in part by the Town shall appear on
behalf of private interests before any agency of the Town. He/She shall not represent private
interests in any action or proceeding against the interests of the Town in any litigation to which the
Town is a party. Nothing in this Handbook shall deny any official or employee from appearing
before
any agency of the Town in his/her own behalf, provided the records of the proceedings
clearly
state the fact that he/she is appearing in his/her own behalf, and provided further that the
nature
of his/her interest is clearly set forth in the records.
E.
No official or employee shall have a personal interest in a contract with the Department or Board,
committee, Commission, or similar body of which he/she is an official or employee other than
his/her
own contract of employment.
No official or employee shall have a personal interest in a contract with any other Department or
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board, committee, commission, or similar body of the Town of Front Royal unless such contract is
awarded as a result of competitive sealed bidding or competitive negotiation as defined in Virginia
Code or is awarded as a result of procedure embodying competitive principles as authorized by
Virginia Code.
The provisions of this section shall be applicable to:
1.
An employee’s personal interest in other contracts of employment with his/her own
governmental agency which accrue to him/her because of a member of his/her immediate
family, provided the employee does not exercise any control over the employment or the
employment activities of the member of his/her immediate family and the employee is not in
a position to influence those activities.
2.
Contracts for the sale by a government agency of services or goods at uniform prices
available
to the general public.
F.
An official or employee who has a personal or financial interest, and who participates in discussion
with or gives an official opinion to the Council, shall disclose on the records of the Council or
other appropriate authority the nature and extent of such interest.
No appointive official or employee in the administrative service shall use the prestige of his/her position in
behalf on any political faction. No appointive official or employee in the administrative service shall
orally,
by letter, or otherwise, solicit or be in any manner concerned in soliciting any assessment,
subscription, or
contribution from any Town of Front Royal employee to any political faction, nor shall
he/she be a party
to such solicitation by others. No employee of the Town of Front Royal while in
uniform, an occupant in
any Town vehicle/equipment, or performing any official duties shall attempt in
any manner to influence
the ballot choice of any voter in a Town of Front Royal election. No appointive
official shall take any
active part in political campaigns for candidates for political office in the Town of
Front Royal.
No official or employee, whether elected or appointed, shall promise an appointment to any municipal
position as a reward for any political activity.
As used in this Section, the term “appointive official” shall include only the following, the Town Manager,
Clerk of Council, and Town Attorney.
When officials or employees have doubt as to the applicability of a provision of this Code of Ethics to a
particular situation, they should apply to the Town Manager for an advisory opinion and be guided by that
opinion when given.
Violation of any provision of the Code of Ethics should raise conscientious questions for the official or
employee concerned as to whether voluntary resignation or other action is indicated to promote the best
interest of the Town. Violation may constitute a cause for suspension, removal from office or
employment,
or other disciplinary action.
IV.
Employment Relationship
The Town believes that all employees, regardless of role, position, status or salary, make a critical
contribution
in achieving the Town’s mission. The Town is committed to providing a safe, nondiscriminatory
and alcohol
and drug free workplace where employees can work in supportive relationships and interact
responsibly
with colleagues and citizens. Managers and employees are partners in ensuring that the citizens of
Front Royal
receive appropriate services.
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V.
Employment At-Will
Virginia is an “employment at will” state and employees of the Town of Front Royal do not have a contract of
employment. Neither these policies nor any other document constitutes an express or implied employment
contract or any right to continued employment. These policies are not intended to and do not imply or create a
vesting of property rights or a contract entitling Town employees to any specific benefits or policies from the
Town. The contents of this manual and Town of Front Royal’s policies and procedures may be changed at any
time. The term at-will means employment with the Town of Front Royal can terminate voluntarily or be
terminated by the Town at will.
VI.
Overall Administrative Responsibilities
The Director of Human Resources shall normally develop policy recommendations and the procedures
necessary for implementation of policy and shall serve as a source of expertise on the intent and application
of the Town’s Employment Policies. In cases where several policies apply to the same situation, or where
conflicts appear to exist, the Town Manager is authorized to make a determination as to the intent and
application of policy. The Town Manager has final authority for the approval and administration of
employment policies and procedures.
VII.
Department Director Responsibilities
Department Directors and other designated management officials perform the following personnel
management functions:
A.
Determine organizational structures and staffing levels based on service delivery needs and
resource availability.
B.
Establish and communicate work expectations, develop operating procedures, manage performance
and maintain an effective working environment.
C.
Issue Departmental rules and operating procedures necessary for the efficient and effective
functioning of the Department; however, such rules and operating procedures shall not conflict with
any portion of these Employment Policies or other legal requirement and must be coordinated in
advance with the Human Resources Department.
D.
Schedule activities within their Departments including hours of work, rest and lunch periods, time
to prepare for work and cleanup time.
E.
Assign duties and responsibilities to employees within their management area.
F.
Identify training and development needs and provide for on-the-job training (OJT).
G.
Ensure that financial and procurement policies are followed appropriately, including making the
best use of fiscal resources, consultants and approved contracts.
H.
Department Directors may delegate, wholly or in part, the personnel management functions listed
above.
VIII.
Policy Maintenance
Employment policies and procedures are issued and maintained by the Town Manager. Policies shall take
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effect on the date of Town Council approval, as appropriate, and shall supersede all previously issued
policies. When changes to previous policies and procedures are approved, information regarding changes
will be communicated to the workforce. The Human Resources Department will fully implement all
provisions of the policies in a timely and reasonable manner.
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2 Employment
I.
Equal Opportunity Employment Policy
The Town of Front Royal is an Equal Opportunity Employer (EOE) and is fully committed to the
principles of equal employment opportunity. The Town maintains and promotes equal opportunity for all
employees and applicants for employment in accordance with relevant state and federal laws. The Town
will not discriminate on the basis of race, color, religion, sex, national origin, age, physical or mental
disability unrelated to the ability to perform the essential functions of the position.
In accordance with the Americans with Disabilities Act and Amendments there to, the Town of Front Royal
provides equal employment opportunities to qualified individuals with disabilities. Reasonable
accommodations will be provided to a qualified employee or applicant with a disability when the employee or
applicant requests an accommodation. A qualified employee or applicant is one who is able to perform the
essential functions of the job with or without accommodation. All requests for accommodation will be fully
reviewed. A request for accommodation will be denied if the accommodation is not shown to be effective,
places an undue burden on the Town, or if the employee poses a direct threat to the health and safety of
themselves or others.
The Town of Front Royal will make all decisions regarding recruitment, hiring, promotions, reassignments,
training and other terms and conditions of employment without unlawful discrimination.
A.
The Town of Front Royal will not tolerate any form of discrimination, including sexual or racial
harassment, of its employees. Allegations of discrimination will be thoroughly investigated and
disciplinary or corrective action taken as warranted. Reprisals against employees who file
complaints
of discrimination are prohibited; however, such protection does not condone unfounded
or vindictive
accusations of others. The Town protects the legitimate interests of all parties
concerned in a dispute
involving allegations of discrimination. (Refer to Chapter 8, Employee
Responsibilities for more
information).
B.
Reporting Guidelines:
Individuals who feel they have been subjected to discrimination including sexual
harassment
are strongly encouraged to respond by using any or all of the following procedures:
1. Information and advice about discrimination may be obtained by contacting the Human
Resources Department or the Town Attorney’s office. Every precaution will be taken to
ensure confidentiality at this informal, information gathering stage.
2. Current Town employees are strongly encouraged to report any incident of discrim-
ination to his or her immediate supervisor, appropriate Department Director, or the
Human
Resources Department. Supervisors, appropriate Department Directors or other officials
will immediately address any act of discrimination of which they become
aware.
3. Current Town employees may use the formal Grievance Procedure to report and resolve
complaints of discrimination.
4. Additional information regarding discrimination, including sexual harassment
definitions
and reporting responsibilities can be found in Chapter 8, “Employee
Responsibilities.”
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II.
Criminal Convictions
The Town of Front Royal does not discriminate unlawfully against persons who have been convicted of
criminal offenses. A prior conviction does not automatically exclude an applicant from employment with the
Town. The nature and the offense of a past conviction is weighed and considered in relation to the duties
of the position sought.
III.
Merit Principles and Selection
A.
A merit system is a system by which selections, appointments and promotions in public service
are based on qualifications and competence rather than political favoritism, seniority or other
non-job related factors. The Town supports the principles of a merit system for selection and
performance evaluation to recognize and reward job-related factors.
B.
Initial selection to classified positions and promotion to higher-level positions shall be based
upon open competition among qualified applicants. Employees are encouraged to apply for
positions
in which they are interested and qualified. Town employees will be given serious
consideration for
vacancies based upon qualifications necessary for the position sought.
C.
Temporary Employment:
Applicants for Temporary positions, as defined in Section VI, A-3, may be selected and/or
appointed
without regard to the competitive provisions of this policy including the recruitment
procedures.
IV.
Recruitment
A.
The Human Resources Department shall develop and maintain effective recruitment processes that
attract candidates representative of the community and possessing the education, skills and abilities
to meet the current and future needs of the Town.
B.
Requisitions:
Newly established or positions vacated shall normally be authorized for filling through a
requisition process initiated by the Department with the vacant position. A request to fill the
position including appropriate justification regarding the operational need for the position,
salary information and other pertinent data shall be completed and forwarded to the Town
Manager
for approval. Upon approval the requisition is forwarded to Human Resources to
begin the
recruitment process.
C.
Filling of Vacancies:
Vacant positions may be filled by recruitment from inside and/or outside sources as
determined
appropriate in coordination with the selecting Department Director or designee.
Vacancies may
also be advertised with the newspapers and electronic media, other government
agencies, journals,
private recruiting firms, educational institutions, professional and civic
organizations, and other
sources. The Town supports cross training, job rotation and promotion
from within and may
confine competition for vacant positions to members of the Town
workforce if determined to be
in the best interests of the Town.
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D.
Advertisements:
Vacancy listings and/or postings shall be developed and used to attract applicants for most Town
positions. Normally, vacancies shall be advertised for a minimum of five (5) business days and
applications will be accepted only when a position is posted. However, high turnover positions may
remain continuously under recruitment in order to maintain pools of qualified candidates and to
quickly fill such positions as vacancies occur. Such applications may be included in future
competitive processes.
E.
Application Process:
The Human Resources Department shall provide the methods and means by which interested parties
and current employees may apply for positions under recruitment. Typically, application for Town
employment requires completion of employment application forms, which allow applicants an
opportunity to accurately reflect their education, training, and previous work experience.
F.
Qualifications:
Qualifications are the education, experience, competencies, skills, abilities, knowledge and other
attributes determined most likely to predict successful job performance in a position or group of
positions with similar requirements and levels of responsibilities. Acceptable background
information and driving record, when required, are included in the attributes necessary to meet
minimum qualifications.
G.
Screening of Applicants:
A screening process shall determine those candidates who meet the qualifications for the position(s)
to be filled. Such screenings may include, but are not limited to, a review of submitted applications,
resumes, education and experience credentials, references, preliminary interviews and other relevant
information. Town of Front Royal employment records will be reviewed as a part of the screening
process, when an applicant is a current or former employee of the Town. Screening may be completed
by Human Resources staff, operating Department staff or outside public or private agencies, as
deemed
appropriate by the Director of Human Resources.
H.
Certification and Selection of Qualified Applicants:
From those candidates that meet the minimum qualifications, an appropriate number of applicants
determined to be the best suited for the position(s) may be certified to the hiring official for final
selection. Current employees and outside applicants may be certified simultaneously and hiring
officials shall place emphasis on internal candidates when filling vacant positions.
I.
Mental and Physical Examinations:
Some positions with the Town require mental or physical examinations or medical tests as a
condition
of employment. In positions where regular physical examinations are required, the Town
is
responsible for and fully pays the cost of the exam and any test or procedure related to the basic
physical exam. Problems or conditions, which need medical treatment and any additional medical
exams needed as a result of the basic physical exam, are the responsibility of the employee.
Questions regarding responsibility for such medical costs shall be directed to the Town’s
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Human Resources Department before additional treatment or testing is performed.
J.
Background Checks:
In the interest of public welfare and safety, all positions require the applicant successfully complete
background checks including, but not limited to, personal reference checks, criminal history, and
child abuse registry to ensure that the applicant’s past conduct is compatible with the nature and
requirements of the position under consideration. An applicant for a position that requires driving
a vehicle shall provide a copy of his or her official Department of Motor Vehicles (DMV) record or
shall authorize the Town to obtain a copy of the DMV record. The Town Manager, in conjunction
with the Human Resources Department, shall determine the positions and specific background
checks that will be utilized. In all cases, appropriate state and federal laws shall be followed.
V.
New Employee Orientation
A.
Except in unusual circumstances approved by the Director of Human Resources, new employees
shall complete appropriate payroll and benefit paperwork on the first day of employment.
Supervisors shall make arrangements for newly hired employees to attend benefits orientation in the
Human Resources Department on the first day of work.
B.
New full-time and part-time employees shall also attend a general new employee orientation
program normally held during the first day of employment. The Human Resources Department shall
coordinate the general orientation program and shall notify new employees and supervisors of the
date, time and place of such orientation.
VI.
Position Categories
A.
All Town positions fall into one of the following three categories:
1.
Full-Time – those positions approved by Town Council and confirmed individually in the
annual budget based on an on-going full-time service delivery need. Employees work a
continuing
schedule as it applies to their Department’s regular work hours, normally 2080 hours
annually.
The positions are included in the Town’s pay plan and assigned to a pay grade and range.
Employees
are eligible to receive all Town benefits.
2.
Part-Time – those positions approved individually in the annual budget based on an on-going
service delivery need or structure of less than 40 hours per week. Employees normally have a
regular work schedule of about 80% or less of their Department’s regular work hours, are
designated as hourly and are paid for actual hours worked. The positions are included in the
Town’s pay plan and assigned to a pay grade and range. Employees working in part-time
positions are eligible for partial employment benefits and paid time off as described in
Chapters
4 and 5.
3.
Temporary – those positions approved either individually or based on a pool of resources for
temporary services in the annual budget based on short-term, seasonal or sporadic service
delivery
needs typically of six (6) calendar months or less. In addition, temporary positions
may meet
fill-in or relief needs that exceed the typical temporary time limits. Employees are
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designated as hourly, may work as many hours as needed and are paid for the hours actually
worked. The positions are not included in the Town’s pay plan and are paid an hourly rate as
appropriate. Employees in temporary positions are not eligible for any benefits.
B.
Positions are categorized based on the above definitions regardless of the revenue that provides funds
for the position. Positions established through outside funding sources such as state funding and
state or federal grants may be restricted as to benefits and duration based on the conditions of the
grant or outside funding regardless of other Town policies.
VII.
Employment of Special Categories of Individuals
A.
Employment of Relatives:
1.
To maintain the highest level of trust and support from the community, to avoid situations that
might result in unfair or preferential treatment of employees and/or the public, and to avoid any
appearance of conflict of interest, the Town limits the employment and work assignment of
employees, regardless of category, that are related to each other or to current Town Council
members.
2.
Members of the same family are eligible for employment with the Town; however, such
employment may not result in a Public Official or an employee directly or indirectly supervising a
member of his or her immediate family.
3.
Definitions:
a.
Current Town Council members are those individuals serving a current term of office as a
part of the Town’s elected governing body.
b.
Public Officials are individuals elected or appointed to a position of public office and having
duties relating to the sovereign powers of government.
c.
Employees are individuals hired through competitive processes to serve the Town of Front
Royal.
d.
For the purpose of this policy, immediate family are defined as a spouse, parent, spouse’s parent,
child, brother, sister, grandparent, grandchild, legal guardian and equivalent step-relations.
e.
Indirect supervision includes, but is not limited to, being in a position to affect the terms and
conditions of another’s employment, including making decisions about work assignments,
compensation, grievances, advancement or performance evaluation.
4.
Guidelines:
a.
No Public Official or employee of the Town of Front Royal may directly or indirectly supervise or
otherwise have access, control or influence over work activities or salary decisions for immediate
family members.
b.
Employees may not be hired, promoted, demoted or transferred to a work assignment that creates a
situation in conflict with this policy.
c.
With respect to indirect supervision, employees in positions senior to their immediate family
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members are responsible for recognizing situations in which employment interactions may be in
violation of this policy and must recuse themselves from any involvement or decision-making
pertaining to their family member.
d.
An immediate family member of a current Town Council member or the Town Manager shall not
be employed by the Town in any capacity. In situations where a member of a current
employee’s
immediate family is elected to Town Council or appointed Town Manager, the
employee
must resign his/her position, or shall be released from employment, no later than the
date on
which the Council member or Town Manager takes office.
e.
When the relationship between employees changes, such as through marriage, adoption or living
arrangements, creating a situation that violates this policy, employees must notify their supervisor
immediately and must be in compliance with the policy within three (3) months.
f.
In certain situations such as public safety emergency response or weather related emergencies,
employees that do not normally fall within the supervisory chain of command, including family
members, may work together and/or supervise one another for the duration of the emergency.
B.
Employment of Non-US Citizens:
Non-US citizens possessing the ability to work in the United States legally shall be considered for
selection, promotion and all other personnel actions on the same basis and under the same
processes
as US Citizens, except that applicants for sworn Police Officer positions must be US
citizens.
C.
Employment of Virginia Retirement System (VRS) Annuitants:
An individual receiving a VRS annuity may not be employed in any full-time position unless he or
she agrees to suspend the VRS benefit payments for the duration of the employment.
D.
Age Requirements:
Persons under the age of 16 shall not be employed in full-time or part-time positions. The
employment
of persons under the age of 18 shall conform to Virginia labor laws governing the
employment
of minors. Sworn Public Safety employees holding full-time positions must be at
least 21 years
of age but no more than 70 years of age.
VIII.
Driving Policy
Effective service to the citizens and efficient use of Town resources requires safe, accident-free operation of
the
motor vehicles used to perform official duties. This policy establishes the guidelines and procedures
that
govern vehicle operation, including driving and accident record review, as well as the disciplinary
and
rehabilitative measures that may be implemented. These guidelines rely on a three-pronged philosophy
of
acceptable driving history, driver’s training and on-going accountability for individual actions. The Town’s
core value of personal responsibility, taking ownership and accepting the consequences of individual actions,
is
the central component of the guidelines. The Risk Manager, in conjunction with the individual
Department,
will ensure that all state and local requirements relevant to requests for information and
official driving
records are followed including appropriate security of all forms, records and
documentation.
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A.
Driving Record reviews for new and current employees include annual review, for cause review,
periodic review and when an employee applies for or seeks promotion to a position that requires
driving a Town vehicle.
A minimally acceptable driving record for a new and current employee includes the following
components:
1.
-4 or fewer demerit points
2.
No DWI/DUI convictions within the last three (3) years
3.
At least two (2) years of continuously valid licensing immediately prior to hire with the Town
4.
An overall pattern of safe vehicle operation and driving habits
B.
The following conditions are unacceptable and normally prevent an employee from operating a Town
vehicle until his or her driving record improves to a minimally acceptable level or he or she meet other
specific requirements established by the Town Manager:
1.
-5 or more demerit points
2.
DWI/DUI conviction within the last three (3) years
3.
A license suspended due to driving violations, or accidents, unless the employee has completed
three (3) full years with no subsequent moving violations, at-fault accidents or penalties. A license
suspended due to administrative penalties is a concern but would not typically disqualify an
employee unless there is evidence of him or her having knowingly driven with a suspended
license.
C.
Consequences:
1.
In the situation where a current employee’s Driving Record is minimally acceptable but indicates
that one additional violation of any kind will place him or her in the unacceptable category, the
employee will be notified and required to satisfactorily complete a DMV certified Driver Safety
and Awareness Course, also known as the Driver Improvement course. The employee is
responsible
for any cost incurred to take the course. Failure to complete a certified course within
the time
period designated in the notice of requirement may result in driving restrictions and/or
disciplinary action.
2.
An employee charged with an on or off-duty DWI/DUI is required to inform his or her
supervisor
of such charge and is normally prohibited from driving a Town vehicle until a decision
regarding
the charge is rendered by the Courts; any deviation from this policy of not allowing
such employee
to drive a Town vehicle until a decision is rendered by the courts must be made
by the Town
Manager based upon a showing that it is in the Town’s best interest and there is no
better
alternative reasonably available to the Town. Assignment to a non-driving position, if
available, is
at the discretion of Departmental management. If a non-driving position is not
available, the
employee may be required to take appropriate leave or be placed on administrative
leave without
pay pending the outcome of court proceedings. An employee charged with on or
off-duty
DWI/DUI is also subject to the “Drug and Alcohol Testing” provisions of the Town’s
Employment Policies and Procedures.
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3.
An employee that drives or is found to have knowingly driven a Town vehicle with a suspended
or revoked driver’s license is subject to appropriate disciplinary action. In addition, the employee
may be subject to quarterly Driving Record review for a period of one (1) year.
4.
Disciplinary action, up to and including termination from employment with the Town, may be
initiated in the event that an employee has an unacceptable driving record and/or loses his or her
driver’s license or driving privileges. Disciplinary action may also be taken if an employee
engages in misconduct or demonstrates poor performance relative to operating a Town vehicle as
determined by his or her supervisor.
5.
Action taken in accordance with the Town’s disciplinary policies may be in addition to driving
prohibitions implemented by the provisions of this Driving Policy.
6.
In unusual situations, Department Directors and the Town Manager may consider an
employee’s
performance and overall employment history prior to implementation of driving
restrictions. In
some cases, due to significant liability concerns, driving restrictions may be
implemented
regardless of court actions.
D.
Commercial Drivers Licenses
Certain positions shall be required to obtain and maintain a commercial driver/s license as a
requirement for employment. Non-administrative positions in Environmental Services not
associated with plant operations, non-driving, Solid Waste Collection positions, and non-
administrative positions in Energy Services shall be
required to possess a commercial driver’s
license. Employees hired prior to March 11, 2013 shall not be required to obtain commercial
driver’s licenses, but are strongly encouraged to obtain said license to further their career
development with the Town. The Town shall reimburse employees for their
first and second
applications for the commercial driver’s license and for renewal expenses.
E.
Town employees shall not initiate a cellular phone call while they are driving a Town vehicle,
unless using “hands free” technology. Employees shall stop the vehicle in a safe location so the
communication is conducted while the vehicle is stopped. The use of “hands free” technology is
acceptable as long as it does not interfere with the safe operation of the vehicle. Use of a
cellular phone by the driver of a Town vehicle can only be deemed appropriate to protect and
promote the health, safety, or well being of the employee, a fellow employee, or a citizen.
Employees will follow the stricter of the rules of the Employee Handbook or the laws of the
Commonwealth as it relates to the use of cellular devices while driving.
IX.
Initial Employment Period
A.
The Town of Front Royal uses an initial (probationary) employment period as an integral part of the
employment process for employees holding full-time and part-time positions to determine the
suitability of an employee for his/her position. The initial employment period shall be used to
assess new employees’ work performance, interpersonal behavior and conduct and to allow
sufficient time for an employee to adjust to his/her position and work environment. In establishing
an initial (probationary) employment period, the Town does not change in any way the employment-
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at-will status that applies to its employment relationship with all employees at all times during their
employment.
B.
Length of Initial Employment Period:
The initial employment period shall be six (6) months from the date of hire or date that an
employee
attains a full-time or part-time position except in the case of public safety employees.
The initial
employment period for uniformed public safety employees shall encompass basic recruit
and field
training, where applicable, plus twelve (12) months in a regular duty assignment. Employees
serve only
one initial employment period regardless of reassignment, promotion or demotion to other
positions.
C.
Extension of Initial Employment Period:
Six (6) months is normally sufficient time to evaluate the suitability of the employment relationship
but, in rare instances, an extension of the initial employment period may be warranted. Department
Directors may, with specific, job-related justification, extend the initial employment period for an
additional period not to exceed six (6) months. Extensions of the initial employment period shall
be in writing and shall be included in the official personnel file located in the Human Resources
Department. The extension must be discussed with the Human Resources Department and
communicated to the employee prior to the end of the original initial employment period. The
employee shall be notified in writing of the specific reasons for such extension as well as the
specific performance results necessary to ensure on-going employment. An example of an
appropriate
justification for an extension of the initial employment period is when a new employee has
experienced
an injury or illness and is unable to work for an extended period of time during the
initial employment
period. In such a situation, an extension of the initial employment period equal to
the length of the
absence from work, up to six (6) months, may be needed to adequately observe and
evaluate the
employee’s performance.
D.
Disciplinary Actions During Initial Employment Period:
Employees who have not completed their initial employment period may be subject to
disciplinary
action as outlined in Chapter 8, “Employee Responsibilities” as determined to be
appropriate by
the supervisor and/or Department Director. Employees disciplined and/or
separated from
employment during the initial employment period have no appeal or grievance
right against such
disciplinary action(s).
X.
Safety
The Town of Front Royal is committed to providing our employees with a safe and healthful work
environment. To accomplish this goal, all employees must make diligent efforts to promote safety. The
Town has developed, implemented, and monitors safety rules and regulations to ensure a safe and
healthful
workplace. The Risk Manager and the individual Departments coordinate and communicate a
Safety
Program for all Town employees beginning with New Hire Orientation and continuing
throughout
employment. The goal of the Safety Program is to protect the safety and health of Town
employees, assist
in preventing accidents and injuries, increase efficiency of operations, and save money
for the taxpayers
of the Town of Front Royal. Each Town employee is fully responsible for implementing
the provisions of
the Safety Program as it pertains to operations under his or her control.
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XI.
Emergency Service
The Town under extreme condition may enter a State of Emergency due to inclement weather or other
conditions. Each Town employee has a responsibility to perform whatever duties may be assigned to
deliver
services to the citizens of Front Royal. As part of this responsibility, service outside of the normal
working
hours or in some capacity other than the normally assigned positions may be required. When
unusual
situations occur and/or the Town Manager declares a State of Emergency, all Town employees may be
required
to accept special assignments and perform as needed to ensure appropriate service delivery.
XII.
Scheduling of Work
A.
Administrative Workweek:
Seven (7) consecutive calendar days constitute an administrative workweek. Generally, the
Town of Front Royal’s administrative workweek begins at 12:01 a.m. Wednesday and ends at
12:00 midnight the following Tuesday.
B.
Typical Work Schedule:
Town employees’ work schedule follows the official business hours of Monday through Friday or an
eight (8) hour workday with a one-half hour lunch period, unless covered by an alternative work
schedule. A regular workday is a day in which work is performed according to the assigned work
schedule or approved leave must be taken.
C.
Alternative Work Schedules:
1.
Individual Departments may request alternate work schedules for individual work groups, as
needed, to effectively deliver services to be approved by the Town Manager.
2.
Uniformed Police personnel may have a duty schedule established consisting of an average of 40
hours per week over a 28-day cycle or a total of 2080 hours per year. The basic weekly tour of
duty for administrative Police personnel shall be a 40-hour workweek of five 8-hour days.
D.
Lunch periods:
Lunch or other meal periods, during which the employee is entirely free of the duties of his or
her
position for at least 30 minutes, are not considered work or paid time. Duty free lunchtime or
other
meal breaks of at least 30 minutes during periods of overtime work is usually not paid time.
In most
situations, employees are expected to take a meal break during the course of the assigned
work time.
Employees shall consult their supervisor regarding scheduling meal breaks or requests
for alternate
schedules.
E.
Breaks:
Employees shall have two fifteen (15) minute rest breaks per day, which are included within the
total required hours of work. These breaks may be used in conjunction with the lunch period, as
long as the sum does not exceed sixty (60) minutes per workday. Such breaks may not accumulate
from one shift or one day to another. Approval of breaks is at the discretion of the Department
Director.
F.
Travel time:
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1.
Travel from home to the workplace is not considered work or paid time. However, once an
employee reports to work, required travel from one location to another during the duty period is
considered work and shall be counted as paid time.
2.
The time needed to travel to destinations outside of the normal work location or to and from
out of town or state destinations in excess of the usual travel from home to the workplace,
required
to conduct Town business, is normally considered paid time and shall be included
in hours
worked for overtime purposes. Examples of Town business requiring such travel
include
training events, conferences or meetings in other localities or similar situations.
XIII.
Separation from Employment
A.
Resignation is a separation initiated by an employee. Employees who leave their position due to
resignation shall normally provide at least two weeks written notice to their Department
Director.
Supervisors must document verbal resignations in writing.
1.
In the event that an employee is within his or her initial employment period, the two-week
notice is encouraged but not required.
2.
Once a resignation is submitted by the employee, it may not be withdrawn unless the
Department Director, or designee, agrees to such a withdrawal.
B.
Retirement is a separation that may be initiated by an eligible employee, as in the case of voluntary
retirement, or by management, as in the case of mandatory retirement because of age in sworn
public safety positions. In either situation, VRS rules apply.
C.
Separation Without Prejudice shall be used to separate an employee who is unable to report to work
due to circumstances beyond his or her control such as: an incapacitating medical condition that is
not or cannot be resolved; the loss of a required license; circumstances causing conflict with Town
Polices, such as the employment of relatives policy; incarceration; or similar situation. Employees
shall normally be given seven (7) calendar days advance written notice of the separation without
prejudice.
D.
Separations due to disciplinary action are described in Chapter 8, “Employee
Responsibilities.”
E.
An employee may be separated at any time during the Initial Employment Period if he or she
fails to perform at an acceptable level, fails to demonstrate acceptable dependability, conduct or
suitability for the position and/or needs of the Town.
F.
If an employee wishes to use annual, personal, and/or compensatory leave time prior to
separation,
Department procedures for requesting and granting leave time must be followed. An
employee who
has unused annual leave, adjusted hours and/or compensatory time in excess of two-
weeks shall
normally be paid for such unused paid time off in a lump sum payment at the time of
separation
rather than remaining on the payroll until all such paid time off is exhausted, up to 160
hours of annual
leave and $2,000.00 of sick leave.
G.
Workload, staffing shortages and other circumstances may prevent paid leave being granted to the
employee, in which case the employee shall be paid for all accumulated annual leave, compensatory
time and adjusted hours at the time of separation, as appropriate.
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H.
Prior to or at the time of separation, the employee must return all Town owned materials and
equipment
to the supervisor. The employee must also make arrangements and provide a forwarding
address to
receive the final paycheck and statement of annual earnings (Form W-2). The Human
Resources
Department may contact the separating employee to discuss benefit options and schedule
an exit
interview.
I.
Exit Interview:
An exit interview is a meeting between a separating employee and a Human Resources’ staff member.
The interview is encouraged in all voluntary separations including retirements and is normally
held no later than two weeks after the employee’s last day of service. During the exit interview, the
employee may discuss his or her reason(s) for leaving and learn about the status of benefits,
reinstatement privileges and retirement, if applicable. The exit interview is not intended as a
counseling or grievance session. The information gained from the employee on subjects such as
pay, benefits, training and working conditions provides important feedback that may contribute to
improved job satisfaction for Town personnel.
XIV.
Reinstatement
An employee, who voluntarily leaves Town employment in good standing, may be reinstated, at the
Department Director’s discretion, to a vacancy in the former position, salary and benefits, if re-employed
within one year from the date of separation. If reinstated, such employees shall be considered to have
been in a leave without pay status during the period of separation for the purposes of leave accrual, rate of
pay and, if eligible, retirement benefits.
XV.
Personnel Files
A.
Personnel files contain written material about an employee’s employment. Written information
related
to employment is considered a personnel file regardless of where the records might be
physically
located. Official personnel files for each Town employee are maintained only in the
Human
Resources Department. Employees, supervisors, and divisional managers may identify
materials to
be included in the personnel files, subject to management approval. Departments shall
not maintain
separate personnel files.
B.
Documents that are a part of the personnel file include, but are not limited to: job
specification,
grade or pay range assignment, employment application/resumes, employee pay and
benefit
information, performance evaluations, disciplinary actions, counseling documentation,
supervisor’s
job-related notes, employment agreements, commendations and education materials.
C.
All medical information such as Family Medical Leave certifications, ADA materials including
requests
for accommodations, results of physicals or drug/alcohol testing are maintained in files
separately
from personnel files.
D.
In accordance with the Government Data Collections and Dissemination Practices Act, every
employee
has the right to review his or her personnel file(s). In addition, employees may challenge,
correct
and/or include a written statement to provide information related to any document in the
personnel
file(s).
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1.
Requests for review may be made to Human Resources or the appropriate Departmental office
through a variety of means such as e-mail, memo, telephone, or in person.
2.
The file will be made available as soon as reasonably possible, but in no case later than close of
business the following workday.
3.
Copies of materials within the file will be provided at the employee’s request and at the
employee’s expense.
4.
The file may not be removed from the relevant office.
5.
A staff member from Human Resources, the Department Director or the supervisor shall be
present during the review.
XVI.
Release of Information
A.
The Human Resources Department treats information provided to it by employees as
confidential.
Requests for employment information shall be forwarded to the Human Resources
Department for
appropriate response, in accordance with relevant laws and regulations.
B.
Human Resources may release specifically requested information to employees or former
employees, other Town Departments and local, state and federal agencies in order to allow those
Departments and agencies to perform their necessary duties as follows:
1.
Information Requested by Employees:
Current and former employees of the Town of Front Royal have the right to review any
information in their personnel files. An employee, or designee, may review the contents of his
or her official personnel file by visiting the Human Resources Department during normal office
hours. Proof of identity must be provided before the personnel file may be reviewed.
2.
Information Requested by Town Departments:
Routine information such as dates of employment, job title and salary history shall be given to
representatives of Town Departments if the Department has a valid need for the information and the
information is concerning an employee of that Department. Information requested by another Town
Department shall normally not be provided unless the requesting Department has a valid need
for the information, such as when an employee from another Department is being interviewed for
a position or when another Town Official, such as the Town Manager or Town Attorney has a
specific job or duty related function to perform.
3.
Information Requested by Individuals Outside the Town:
Requests for information concerning Town employees are often received from federal agencies,
credit bureaus, individual employers and others.
The following information is given in response to such requests:
a.
Verification of name.
b.
Verification of employment.
c.
Present employees – verification that the person is employed by the Town and the job title.
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d.
Former employees – verification of dates of employment and the job title, not including the reason for
separation.
e.
Salaries of employees who earn in excess of $10,000 annually are a matter of public record and must
be released upon request.
f.
Additional information may be released upon presentation of a valid subpoena or court order.
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3. Compensation
I.
Compensation Philosophy
A.
Inherent in Town Council’s vision of responsive, effective local government, the mission of the
employees of the Town of Front Royal is to deliver services to Town residents, workers and
visitors in an efficient, effective and equitable manner and to build a stronger community. The
total compensation of employees consists of the regular salary and applicable overtime pay, the
Town’s contributions to employee benefits, holiday pay, and various forms of leave with pay.
B.
The goal of the Town of Front Royal’s compensation program is to attract, reward and retain
employees that are representative of the community and fully able to deliver services at acceptable
levels.
C.
The Town will develop and maintain a Pay Plan guided by the following principles:
1.
Public service is an admirable occupation and the employees who have dedicated themselves to
the service of the Town’s residents are to be valued.
2.
Town employees shall be compensated in ways that reflect market competitiveness and
recognize performance in alignment with organizational goals.
3.
Each Town employee is a unique individual, with his or her unique and particular needs and
aspirations. No compensation program can accommodate every individual circumstance. Rather, the
intent is to have a program that reasonably provides choices and the flexibility to assist
employees
in achieving their goals, while encouraging individual responsibility and reflecting
the
prevailing market environment.
4.
The Pay Plan must be fiscally responsible and affordable; it will always be constrained by
resource availability.
5.
No Pay Plan is perfect; every variable cannot be addressed equally and to the satisfaction of
all. Choices and trade-offs based on the organization’s values, goals and priorities must be
made.
6.
The Pay Plan shall be rational and based on clear guidelines that can be easily understood and
communicated.
7.
Differences in compensation for reasons other than job classification, performance, qualifications,
longevity or legal requirements are inappropriate. Specifically, there shall be no discrimination
related to non-job related factors such as race, color, national origin, religion, gender, age,
disability or political affiliation.
D.
The Town’s compensation program will:
1.
Balance salary and non-salary benefits to achieve competitive total compensation.
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2.
Assure that like jobs are valued with comparable methodology and are treated similarly in terms
of base pay.
3.
Manage pay ranges with respect to the relevant market for comparable work.
4.
Promote individual contributions and high levels of performance that advance organizational
and
Departmental missions and outcomes.
5.
Consider relevant market data, internal equity, knowledge, skills and abilities, length of service
in the job and demonstrated performance in setting individual pay.
6.
Attract applicants with the basic skills needed to perform the job and the ability to quickly learn
the specific requirements of the position.
7.
Allow new employees with relevant experience (both quantitative and qualitative) and
demonstrated competence to be hired at a pay rate above the range minimum.
8.
Ensure that the pay of current employees with experience similar to new employees is
comparable (assuming satisfactory performance).
9.
Be fiscally constrained.
E.
Pay Plan Adjustment:
1.
When considering pay plan adjustments, no single measure will be considered in isolation.
Management judgment is important.
2.
Evidence that the pay ranges for specific positions or job categories need to be reevaluated will
be demonstrated by significant variance from the market, excessive turnover, and/or difficulty
recruiting.
3.
Pay plan adjustments can only be approved by the Town Council.
F.
Advancement Through the Pay Range:
1.
It is an organizational goal to maintain a compensation program that includes performance
based
increases. Employees are encouraged to make a performance difference, either individually
or
through teams, in which results are more important than entitlements (i.e., seniority,
hierarchy, or
the expectation of additional pay for changing responsibilities).
2.
Individual contributions serve as a significant factor in determining individual compensation.
Higher levels of performance are normally rewarded by quicker advancement in the relevant pay
range. Minimally acceptable performance is normally not rewarded although efforts will be
made
to keep pay comparable to market. Performance at less than an acceptable level results in
no
advancement in pay and requires management intervention to assist the employee in achieving
satisfactory performance. Sustained and documented unsatisfactory performance is grounds for
demotion or dismissal.
3.
Advancement through a pay range may reflect longevity (length of service) but is normally tied
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primarily to performance (effectiveness, demonstrable skills and competencies that produce
outcomes/results contributing to the achievement of the organization’s mission and goals).
G.
Positive Work Environment:
Compensation is only one determinant of employee satisfaction and may be secondary to the work
itself and the work environment.
Accordingly, the Town will strive to maintain a positive work environment characterized by:
1.
A focus on employee safety
2.
Adequate work space
3.
Appropriate equipment
4.
Effective management practices and positive management attitude
5.
Consistent, effective and efficient policies and procedures
6.
Workforce training and development
7.
Opportunities for selection and promotion from within
II.
Pay Plan
A.
The Town’s Pay Plan is an administrative structure that includes a series of market-based pay grades
and ranges. Each classified position in the Town is assigned to the appropriate grade in the Town
Pay Plan that is in keeping with the nature of work, the degree of responsibility involved in the
position and the relevant labor market. Employee base pay shall fit within a pay range and shall be
at a rate no less than the minimum and no greater than the maximum. The Town regularly
reviews
the Pay Plan and makes changes to the structure, as necessary, in accordance with the
Compensation Philosophy.
B.
Plan Maintenance:
The Town Pay Plan is maintained by analyzing information collected through periodic salary and
benefits surveys for comparable positions in market organizations and internal information
regarding recruitment and retention.
Information about average pay, range parameters and benefits in the market is collected for those
positions common to most organizations (benchmark positions) and compared to Town average
pay, range parameters and benefits. Each Town position is linked to a benchmark position
therefore,
the survey results apply to all Town positions. This information, along with information
regarding
recruitment difficulty and turnover, provides the basis for decisions regarding pay range
parameters,
grade placement and employee pay adjustments.
C.
Communication of the Plan:
Annually, the most recent Pay Plan and a listing of all Town positions with assigned pay grades
are approved by the Town Council, included in the adopted Budget, and are posted on the
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Human Resources Department website.
III.
Position Classification/Reclassification
A.
Classification is the assignment of a position on the Town’s pay plan to a pay grade based on an
assessment of the duties and nature of work, the degree of responsibility and the relevant labor
market.
B.
Reclassification is the reassignment of a position from one pay grade to another resulting from a
formal job review requested by a Department Director and completed by the Human Resources
Department. Reclassification is normally the result of a significant change in the duties and
responsibilities of a position, structural changes, a change in the needs of the organization or other
similar situations as determined by the Director of Human Resources. All reclassifications shall be
approved by the Town Council.
C.
Job Review:
To maintain fair, competitive pay for all employees, the Town utilizes a job review process to
analyze positions to determine appropriate pay grade assignment. Changes to the pay grade of
existing positions may be implemented due to changes in the relevant labor marker, duties and
responsibilities, structural changes, changes in the needs of the organization, when new positions
are
developed or other similar situations.
1.
The initial assignment of or recommendations for changes to the pay grade of a position is made
by the Human Resources Department following a review of the position.
2.
Requests to establish new positions and/or review current positions to determine appropriate
grade placement must be made in writing by a Department Director, or designee, and submitted
to the Human Resources Department. Normally, reclassification requests for filled positions
must be submitted as a part of the annual budget process. Deadlines are included in the annual
Budget Calendar. Requests for review of new and/or vacant positions will be accepted at any
time.
3.
Reclassification requests must include a description of the new position or change(s) to the current
position and written justification. A desk review will be conducted by HR staff and a written
recommendation on appropriate grade placement will be conveyed to the Department Director.
As needed, a site visit and field review will be completed to ensure full understanding of the
duties and responsibilities of the position.
4.
Recommendation for reclassification shall be submitted by the Town Manager to the Town
Council for approval.
D.
Employees in positions that are reclassified (moved) to a higher grade will receive a salary increase
equal to 2.5% of the current base pay, or the minimum of the new grade, whichever is greater.
Funding for this increase will be included in the Departmental budget proposal and when approved
will be included in the personnel salaries appropriations. The effective date of reclassification and
the associated pay increase shall be based on the effective date of the appropriation. In the event
that unusual circumstances warrant a pay increase in excess of the usual 2.5%, a request for the
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additional increase must be made in accordance with the Within Grade Increase provisions stated
in Section IV-H, “Within Grade Increases.”
IV.
Pay Actions
Employment actions such as selection, promotions and reassignments typically have a pay action associated
with the action. The following sections include the usual actions and corresponding pay action. In most cases,
review by Town Manager is required prior to applicant or employee notification and implementation of a pay
action.
A.
New Hire Pay:
Pay for newly hired employees is determined based on a variety of factors such as the grade assignment of
the position, the employee’s level of knowledge, skills and abilities and current market conditions. In no
case will a new employee’s pay be set below the minimum of the assigned pay grade or above the
maximum of the assigned pay grade, service needs, and the efficient management of resources.
1.
Initial Pay Rate:
Newly hired employees shall normally have their pay set at the beginning of the pay range
established
for the position.
2.
Pay Rates Above Minimum:
There may be situations when it is necessary to set pay above the minimum of the pay grade, based
on the value of the position to the Town, the knowledge, skills and experience the candidate brings to
the position, and market conditions for the particular positions. Written justification shall be
provided
to the Town Manager along with a verification of available funding and must be approved by
the Town
Manager.
B.
Overtime Compensation:
All Town Departments have established work schedules as required by workload, production, flow,
service
needs, and the efficient management of resources. In addition to these established schedules,
service
delivery needs may require overtime work when authorized by management, i.e. more than 40
hours of
actual work in one administrative workweek. The following pay actions apply when overtime
work is
authorized.
1.
Eligibility for Overtime Compensation:
The Fair Labor Standards Act (FLSA) is a federal law which requires that most employees in the
United States be paid at least the federal minimum wage for all hours actually worked
(productive
time) and overtime pay, at one and one-half times the regular rate of pay, for all
hours worked
over 40 hours in a workweek, unless governed by the FLSA Section 207k public
safety
exemption. The time needed to travel to destinations outside of the normal work location,
beyond
commuting time, to conduct required Town business is usually considered productive
time.
2.
Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime
pay for employees in bona fide executive, administrative or professional positions. Therefore, in
compliance with the FLSA all positions in the Town are designated as EXEMPT or NON
EXEMPT. Job titles do not determine exempt status. In order for an exemption to apply, an
employee’s specific job duties and salary must meet all the requirements of the regulations. Non-
exempt employees are covered by the FLSA and are eligible for overtime compensation for hours
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worked beyond the threshold established by the FLSA.
3.
Overtime Compensation for Non-Exempt Employees:
The FLSA requires that non-exempt employees receive overtime compensation at 1.5 times the
hourly rate for hours worked in addition to specified hours threshold, normally 40 hours in one
administrative work week, except sworn Public Safety positions, which have a threshold
established
in accordance with Section 207k of the FLSA (refer to Chapter 2, Section XIII,
Scheduling of Work).
While paid time off is not included as actual hours worked under the FLSA
regulations, the Town
provides a more generous benefit than is required by law and includes all
paid time off, except
sick leave, as productive time worked for overtime compensation purposes.
In compliance with
State law, all paid hours will contribute to the hours worked threshold for
sworn police
employees. A non-exempt employee shall not work any time that is not specifically
authorized by
his or her supervisor. Non-exempt employees are prohibited from performing any
“off-the clock”
work (i.e., work performed but not recorded on the timesheet).
4.
Exempt employees are not subject to the provisions of the FLSA and therefore, are not
typically
eligible to receive overtime compensation. However, they may with the approval of
their
supervisor, use discretion to adjust their regular work schedule following extended periods of
work
in excess of 40 hours per administrative workweek.
5.
Overtime compensation may be in the form of compensatory time at one and one half hours of
time awarded for each hour worked over the appropriate threshold, or monetary payment, at
management’s discretion. The Town limits the amount of compensatory time a non-exempt
employee can earn in lieu of cash overtime payment to 40 hours after which monetary payment
must be made. While employee preferences may be considered, employees may be required to
take accrued compensatory time off as paid leave at management’s discretion. Unused
compensatory time must be paid promptly upon separation from Town employment or upon
promotion or reassignment to an exempt position.
C.
Call Back Pay:
Call back refers to situations when an employee has worked a full shift earlier that same
day and now is off duty and is called to return to work to
deliver services required to protect
the immediate safety, security and/or wellbeing of the
community. All employees are subject to call
back to work, outside of or beyond standard working
hours, in unusual and/or emergency
situations where additional staffing is needed to deliver
services. Regular work schedules may
change in anticipation of emergency conditions and
employees shall be in a call back status
only after exceeding the hours worked in a standard
workday. Examples of such situations
include, but are not limited to, unexpected staff shortages
or absence, emergency repairs, snow or
other weather-related emergencies, public safety
emergencies, staffing emergency shelters and/or
similar emergency situations.
In call-back situations, a non-exempt employee required to report back to work or remain at work
beyond his or her regular shift shall be compensated for the specific hours worked over and
above standard working hours at one and a half times his or her regular rate and thirty (30)
minutes travel time. Call back pay shall not be available for pre-planned duties
such as
meetings or presentations, planned activities such as leaf removal, scheduled building
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checks, or in instances where an employee is required to work beyond his or her scheduled hours
to perform normal duties.
D.
Stand-By Pay:
1.
Stand-by is time that a designated, non-exempt employee must remain available to report to
work during off-duty hours, in accordance with his or her Department’s operating procedures, but
is normally not unduly restricted in his or her freedom to conduct personal business. An
employee on stand-by is not required to remain at work or home and is free to engage in
personal pursuits, with the understanding that he or she must be available by phone or pager to
respond and report to work if necessary.
A non-exempt employee assigned to stand-by shall be compensated as follows for the stand-by
time:
a.
One (1) hour regular pay for each 24-hour day, Monday through Friday or regular workday
of the employee’s assigned regular work schedule.
b.
One (1) hour regular pay for each 24-hour period on Saturday, Sunday, or observed holiday.
2.
If an employee on stand-by is called out and required to report to work to handle unexpected
issues, he or she shall be compensated for the specific hours worked at one and a half times his
or her regular rate, regardless of hours worked in the week, and 45 minutes travel time at one
and a half times his or her regular rate.
3.
Each Town Department shall identify the positions subject to stand-by and shall establish written
operating procedures, subject to review and approval by the Town Manager, for stand-by coverage
including a rotation schedule, acceptable response time and application of stand-by pay processes.
4.
Exempt employees are not eligible for stand-by pay. However, an exempt employee on stand-by who
is called out to work may, with the approval of their supervisor, use discretion to adjust their
regular work schedule following extended periods of such work.
E.
Performance Increases:
After completion of the initial employment period, employees may be eligible for annual
performance increases based on resources determined by Town Council in the annual adopted
budget. (Refer to Chapter 6, Performance Management for more information on performance
evaluation).
F.
Certification Pay:
Employees may be eligible for compensation in addition to base pay under the specific provisions of a
Departmental certification pay plan. Certification pay is typically earned while the employee
possesses a job-related license or certificate and performs work related to the license or certificate.
Certification pay is normally removed upon loss of the certification or license. Certification pay is
not a part of base pay for pay adjustment purposes such as promotional or performance increases.
Certification pay can also be in the form of a one-time payment for securing certification.
G.
Acting Duty/Assumption of Additional Duties:
Acting appointments occur, at the discretion of a Department Director, when an employee
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assumes part or all of the duties of a higher-level position that has been restructured or vacated due
to resignation, termination, retirement or extended leave. Assumption of additional duties may also
occur when an individual takes on specific programs or tasks outside the scope of their normal job.
1.
Acting Duty or Assumption of Additional Duties assignments may be formalized, and may
include
a temporary pay increase, when the acting appointment or the assumption of additional
duties is
expected to last 30 days or more. These temporary assignments are normally limited to one
year. An
acting appointment or assumption of additional duties may be extended beyond one
year, with
the written approval of the Town Manager, based on justification provided by the
Department
Director.
2.
Acting appointments or the assumption of additional duties shall be documented in writing
and
shall be made a part of the employee’s official personnel file.
3.
Acting Duty Pay Actions:
The Town may provide additional compensation for employees in acting appointments who
assume additional higher level duties due to resignations, terminations, retirements, extended
leave, or who assume additional programs or responsibilities, based on the degree of
responsibility assumed. Acting Duty Pay is at the discretion of the Town Manager when
recommended by the Department’s Director. Additional compensation, when approved, is
normally expressed in a percentage of base pay.
a.
The salary of an employee who takes on all of the duties of a higher level position will
typically
be increased 5% or adjusted to the minimum salary of the grade in which
appointed,
whichever is greater.
b.
An employee who takes on all of the duties of a higher-level position also takes on the
conditions of employment of the position such as FLSA status.
c.
In exceptional situations an employee may be granted a temporary increase greater than 5%
or the minimum of the range based on the recommendation of the Department Director,
support of the Directors of Human Resources and of Finance, and approval of the Town
Manager.
When less than full duties of a higher level position are assumed, or programs or tasks at a
lower or equivalent level of responsibility, outside the normal scope of the job are assumed,
the Department Director may recommend the amount of temporary, additional pay, if any, to
the Town Manager for approval. Typically, additional pay in this situation will be no more
than 5% of current base pay.
If an employee is receiving acting duty pay at the time an annual increase is awarded, the
employee
is awarded the increase based on the pay in effect prior to receiving acting duty pay.
At the end of the acting status or additional duties, the employee’s pay will return to the level of
pay in effect prior to the appointment to acting status or additional duties, plus any annual
increases which the employee may have received.
Acting duty pay is not a part of base pay for pay adjustment purposes such as promotional or
performance increases.
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H.
Promotions:
An employee who competes for and moves from his or her current position to a position with
distinctly different duties and responsibilities that is assigned to a pay grade with a higher
minimum shall be granted a 2.5% base pay increase or increase to the minimum of the new range,
whichever is greater, at the time of promotion in recognition of his or her assumption of higher-level
duties and responsibilities.
1.
There may be situations when it is appropriate for a Department Director to consider an increase of
more than 2.5%.
In those situations, a base pay increase not to exceed the maximum of the new grade may be
awarded under the following circumstances:
a.
The promoted employee has a higher than normal level of experience, skill, knowledge and
education based on the needs of the position.
b.
A higher increase is needed to ensure peer group equity within the new position based on skill,
experience, knowledge and education.
c.
A higher increase is appropriate due to market conditions in which it is clear that hiring from
outside the organization would require a higher salary.
2.
Department Directors considering increases beyond the standard increase outlined above must
provide written justification to Town Manager, including confirmation of available resources,
prior to communicating and awarding the increase to the promoted employee.
3.
A promoted employee maintains the anniversary date of the date of promotion.
I.
Demotions:
An employee who, due to poor performance, failure to meet job requirements or misconduct, moves
from his or her current position to a position with distinctly different duties and responsibilities that
is
assigned to a pay grade with a lower minimum shall have his or her pay reduced by 10% or
moved to the maximum of the new range whichever is lower.
J.
Reassignments:
1.
Reassignment Within the Same Pay Grade:
An employee who moves from one position to another position within the same pay grade
shall retain his or her current rate of pay.
2.
Reassignment Through No-Fault to a Lower Grade:
An employee who is moved from one position to another position with a lower pay grade
through no fault of his or her own (such as reorganization, reclassification of the position,
the needs of management or in response to market factors) shall have his or her pay set at a
rate within the lower range that results in the least loss of pay but that does not exceed the
maximum of the range.
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3.
Voluntary Reassignment to a Position in a Lower Grade:
An employee who requests and is granted placement or is selected through a competitive
selection process to a position in a lower grade, shall have his or her pay set at the minimum of
the new range, or have his or her pay reduced by 5%, whichever results in the least loss of pay.
K.
Other Pay Actions:
Other pay actions such as allowances, deferred compensation match and one time monetary rewards
and incentives may be provided in addition to base pay as deemed appropriate and in compliance with
the compensation philosophy.
V.
Pay Process
A.
It is the Town’s policy and practice to accurately compensate employees and to do so in compliance
with all applicable state and federal laws. To ensure that employees are paid properly for all
time worked and that no improper deductions are made, each employee must complete
appropriate records regarding time worked and leave taken.
B.
In addition to required deductions for federal and state income tax, Social Security and those
required by court orders, such as garnishments and child support payments, an employee may
also authorize other Town approved pay deductions, such as contributions for dependent medical
and dental coverage, United Way contributions, the purchase of U.S. Savings Bonds, or
contributions to the Town’s Deferred Compensation Program.
C.
To ensure that employees are paid properly, each employee shall record all time worked on their
timecard.
D.
Employees are paid in two-week increments through direct deposit and receive direct deposit
statements every other Thursday by electronic means. The Town makes every effort to ensure pay
accuracy and each employee shall review his or her direct deposit statement when received to
make sure that the pay is correct. Occasionally, inadvertent mistakes may happen. In the event
that a mistake does occur, employees are encouraged to notify the Finance Department and prompt
corrections will be made. An employee, who believes that a mistake has occurred, or an improper
deduction has been made, must immediately report this information to his or her direct supervisor
or
to the Finance Department. Reports of improper deductions will be promptly investigated. If it
is
determined that an improper deduction has occurred, the employee will be promptly reimbursed
for
any improper deduction made.
E.
Direct Deposit:
The Town requires Direct Deposit of pay to qualified financial institutions. All new employees must
participate in direct deposit.
1.
Definitions:
a.
Direct Deposit – a system under which an employee formally authorizes the Town to deposit all
or part of their net pay into the employee’s personal financial account.
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b.
Financial Institution – a bank, credit union, savings and loan association, or other depository that
is a member of the Automated Clearing House.
c.
Net Pay – the amount of pay after all mandatory withholdings and any mandatory or voluntary
deductions or disbursements are made.
d.
Prenote – a test process used to ensure that the routing numbers, account numbers and other
information are validated by the receiving financial institution before actual dollars are deposited.
e.
Automated Clearing House (ACH) – a central clearing facility, which provides distribution and
settlement of electronic financial transactions.
2.
Direct Deposit Procedures:
a.
Upon hire, the employee shall complete a “Direct Deposit Authorization/Change Form” and
submit it to the Human Resources Department. The employee shall also submit a copy of a
voided check or other verification of the account number and routing number for each account
with the signed form.
b.
An employee may choose to split his/her net pay between a maximum of three (3) financial
institutions, with a maximum of four (4) accounts per institution. If the net pay is directed to
more than one account, a dollar amount must be designated, in writing, for each account except
one. The account with no dollar amount shall be designated “balance of net pay” to account for
possible changes in total pay each pay period.
c.
A “Prenote” will be sent to the financial institution(s) to ensure that account and routing
numbers
are accurate. The employee will receive a physical paycheck for the pay period when the
prenote is
sent. Normally, the pay will be directly deposited by the following pay period.
d.
If for any reason the Town is alerted that an employee’s money is not posted to the appropriate
account, the Town will contact the employee to try to resolve any discrepancies as soon as it
is notified by the bank. If the Town is unable to resolve the problem in sufficient time for the
check to be deposited with the associated payroll, it may be necessary to provide the employee a
physical paycheck. This may cause a delay in the employee receiving his or her pay.
e.
An employee must notify Human Resources when he or she changes financial institutions,
account numbers or makes any other changes that might affect the direct deposit transaction.
An employee may make changes to the amounts deposited or to the names and/or numbers of
accounts at his or her discretion by completing and submitting a revised Direct Deposit
Authorization/Change form. All changes and forms must be received in Human Resources in
accordance with pay processing schedules. The forms required to initiate or change direct
deposit are available in Human Resources or on the Town’s website.
f.
Direct Deposit funds will typically be posted at the financial institution by the start of
business on the scheduled pay date. When a Town or banking holiday falls on a scheduled
pay date, the direct deposit funds will normally be available to the financial institution on the last
banking day before the pay date. Any fees associated with the Direct Deposit service will be
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paid by the Town. The Town is not responsible for any other fees, such as those associated
with minimum balances or the use of ATM cards that may be charged by a financial institution.
g.
Employees are required to use Direct Deposit, except when a prenote is sent in response to
requested changes, or under exceptional circumstances as approved by the Director of Human
Resources, or designee. When account numbers or financial institutions change, a prenote will
normally be sent to ensure accuracy. The employee will receive a physical paycheck for at least
one pay period while the prenote is sent.
h.
Direct deposit statements will normally be provided to each employee, either through
electronic means or paper on or after each pay date.
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4 Benefits
An array of Town provided benefits combined with direct salary or wages establish a total compensation
package that supports the Town’s goals of attracting, rewarding and retaining employees that are
representative of the community and fully able to deliver services at acceptable levels. In addition to the
benefits outlined within this chapter, paid time-off benefits are outlined in Chapter 5, “Paid Time-Off
and Absence from Work.”
I.
Right to Make Changes
From time to time, conditions or circumstances may require that the Town make changes, additions,
or deletions in its benefits program for both active employees and retirees as the Town determines
are appropriate. This policy does not grant employees or retirees vested benefits, in other words,
employees and retirees are not guaranteed current or future benefits, unless required by federal or state
law.
II.
Medical, Vision, and Dental Coverage
A.
Eligibility:
Group medical, vision, and dental coverage are currently available for all full time and part-time
employees and their eligible dependents. Enrollment takes place at new hire orientation and
coverage
typically begins the 1st day of the month following the date of full-time hire and thereafter
during
open enrollment periods. Employees may make changes in their coverage during open
enrollment
periods and when an event occurs that allows changes such as marriage, divorce and
birth or
adoption of a child.
B.
Cost of Coverage:
The Town currently pays a substantial share of the cost for the employee’s and dep endent’s
coverage
and the employee is responsible for a share of the coverage as determined annually
through the budget
process. Payment for coverage must be made through payroll deductions and is
automatically
processed on a pre-tax basis unless the employee submits a written waiver to the
Human Resources
Department.
III.
Group Life Insurance
A.
All full time employees are eligible for the Town’s basic group life insurance plan. The life insurance
plan is administered by the Virginia Retirement System (VRS) and underwritten by a provider selected
by VRS.
B.
Coverage for death due to natural causes is two times the annual base salary, rounded up to the nearest
thousand dollars. The accidental death benefit is four times the annual salary. The Town currently pays
the cost for the basic group life insurance plan.
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IV.
Optional Group Life Insurance
A.
All full-time employees are eligible to purchase optional group term life insurance for themselves, their
spouse and their children.
B.
The employee is responsible for 100% of the cost of the optional life insurance.
C.
Employees may purchase coverage in amounts of 1, 2, 3, or 4 times their annual salary. The amount of
coverage available to spouses and children depends on the amount of coverage selected by the
employee.
V.
Retirement
A.
All full-time Town employees are enrolled in the Virginia Retirement System (VRS) based on the date
of hire. If hired on the first day of the month, coverage begins that month. If hired after the first day of
the month, coverage begins the following month.
B.
The Town and employee are currently to share contributions for participation in VRS.
C.
VRS is a State retirement system and all rules and regulations regarding contributions and retirement
benefits are made by the State legislature. The Town, as a member employer, must comply with all
regulations as set forth by the legislature.
D.
An employee may request a refund from VRS of a portion of retirement contributions upon
termination
from employment in accordance with VRS regulations.
E.
Effective July 1, 2 0 0 7 , the Town adopted full retirement benefits at age 50 with 30 years’ s e r v i c e .
Uniformed public safety employees (police) are eligible to retire with full benefits at age 50 with a
minimum of 25 years of service. Employees hired after July 1, 2010 will be following the VRS
“90” rule, “Plan 2”. Most Employees hired on or after January 1, 2014, and current employees who
elected to opt into the Plan during a special election window from January through April 30, 2014, will
be covered by the VRS Hybrid Retirement Program, which combines the features of a defined benefit
plan and a defined contribution plan. Details are available through Human Resources.
F.
Retirement benefits are based on three factors: years of service, the average of the h i g h e s t
consecutive 36 months of compensation if hired before July 1, 2010 or 60 months for “Plan 2”
employees
hired after July 1, 2010, and age at the time of retirement. Details concerning the Virginia
Retirement
System are covered in the Handbook for VRS Members, available in the H u m a n
Resources Department.
G.
The Town reserves the right to participate in another retirement system should it deem appropriate.
H.
Health and Dental Coverage During Retirement:
1.
Employees hired before July 1, 2015, who retire directly from the Town (i.e., leave service and
immediately begin to receive a retirement benefit from VRS) continue to participate in the group
health and dental plans as dictated below. The Town shall contribute one (1%) percent for each year
of employment with the Town up to a maximum of twenty-five (25%) percent of the monthy premium
for each year or portion of a year.
2.
Employees who terminate from Town service and defer retirement are not eligible to continue to
participate in the Town’s group health plan. Deferred retirement occurs when the employee who
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terminates service does not elect or is ineligible for an immediate retirement benefit from VRS.
a.
Retirees, their spouses, and dependent children, who retired on or prior to June 30, 1989, are
eligible to participate in the Town’s group health insurance program supplement plan
after
age
65. Retirees and dependents may choose to continue their coverage in the Town’s group
health insurance program until such individual(s) attain(s) sixty-five years of age, at the
insurer’s
customary premium rate schedule. Spouses of retirees who are not yet sixty-five
years of age
may choose to continue their coverage in the Town’s group health insurance
program until he or
she reach age sixty-five. All retirees, spouses, and dependents are
responsible for premium
contributions as approved and directed by Council.
b.
Job Related Disability Retirement: An employee who qualifies for disability retirement under the
Virginia Retirement System is subject to the requirements outlined above in Section 3, to determine
eligibility for medical and dental plan participation and Town contributions.
3.
Employees eligible to participate in the Town’s group health and dental plans into retirement, may also
continue to cover their eligible dependents if those dependents were included on the employee’s
coverage for the five (5) years preceding retirement.
VI.
Deferred Compensation
A.
The Deferred Compensation Program is an individual income investment plan authorized by Section 457
of the Internal Revenue Code, which can be used as a supplement to retirement plans and Social Security.
The Town currently allocates resources to coordinate the Deferred Compensation Program and may
provide an incentive to participants, through matching funds.
B.
Eligibility:
1.
Employees holding Full-Time and Part-Time positions are eligible to participate in the Deferred
Compensation Program effective with the date of hire once they have completed the initial employment
period or after one year of service whichever comes first.
2.
Employees in positions authorized through grant funding are eligible to participate in the Deferred
Compensation Program but may receive matching funds only when the grant includes sufficient
resources
to wholly fund such payments and the Town authorizes matching payments.
3.
Employees holding temporary positions may not participate in the Program.
C.
As a part of an overall benefits program, the Human Resources Department coordinates the Deferred
Compensation Program. The Program is directly administered by the employee-selected provider.
Participant contributions are deducted on a pre-tax basis. Program participants have numerous
investment
choices from which to choose. All contributions remain with the provider until the funds are
withdrawn
in accordance with provider’s guidelines upon separation from employment, retirement or
death.
D.
Program Guidelines:
1.
Individual voluntary contributions to the employee’s Deferred Compensation account shall be made by
the employee through payroll deductions. Contributions must be at least $5.00 per pay period and
may not exceed the maximum allowed by law.
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2.
Initial enrollment and changes in deductions shall be submitted to the Human Resources
Department. A signed authorization form is required prior to actual deductions or changes.
3.
Provider Responsibilities:
a.
The Provider will assign an account manager to the Town of Front Royal who shall be accessible
and periodically meet with employees.
b.
The Provider will provide general information and individual account information directly to
employees.
4.
The Human Resources Department coordinates with the Provider account manager and provides
routine information to participants about Deferred Compensation.
VI.
Employee Assistance Program
The Town currently contracts a private, non-profit corporation located in Front Royal, to provide an Employee
covered by the Town’s Group Health Insurance with Employee Assistance Program (EAP) for its employees
and their families.
VII.
Workers’ Compensation Insurance
A.
The Town provides Workers’ Compensation benefits as mandated by law to all employees. The
program provides compensation and medical payments in the event that an employee is unable to
work due to a work-related illness or injury.
B.
If an employee has an accident that arises out of and in the course of employment, the employee must
report the accident to his/her supervisor immediately. Failure to report the accident promptly may result
in loss of compensation and payment of medical expenses.
C.
Benefits provided under the Town’s Workers’ Compensation program include compensation for:
1.
Temporary Total Disability
2.
Temporary Partial Disability
3.
Permanent Partial Disability
4.
Total and Permanent Disability
5.
Medical Expenses
6.
Rehabilitation Expenses
7.
Death Benefits
D.
The Virginia Workers’ Compensation Act is administered by the Virginia Workers’ Compensation
Commission. The Town complies with all rules and regulations as set forth by the Commission
regarding the handling of Workers’ Compensation claims.
E.
The following claim procedure must be strictly followed, otherwise it could result in the employee
paying the cost of his/her medical treatment or prejudicing the Town against the injured employee’s
claims.
An injured employee must do the following:
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1.
Immediately report all accidents or occupational illnesses to his or her supervisor.
2.
Complete an accident report for each and every occupational incident.
3.
Contact Nurse On-Call.
F.
Employer Responsibilities:
1.
In accordance with the Injury Leave policy, an employee who sustains an on-the-job injury or
contracts an occupationally related disease which incapacitates him or her from performing his or
her duties may be granted paid leave for the normally scheduled work days within seven (7) calendar
days following an on-the-job injury or illness that prevents the employee from working. Such time
off without loss of pay or charge to the employee’s accrued leave shall end at the close of business
on the seventh (7th) calendar day. The absence may be covered by workers’ compensation if the
employee is unable to work after seven (7) days as defined above. Subsequently, time lost for injuries
that are not approved for Workers’ Compensation must be covered by some other form of leave,
such as sick, annual or personal leave.
2.
The Town is financially responsible for up to 2/3 of the employee’s average weekly wage not to
exceed the legislated maximum and 100% of medical expenses incurred by the employee resulting
from a compensable on the job accident or occupational illness.
3.
The Human Resources Department oversees Workers’ Compensation in compliance with the
Workers’ Compensation Act of Virginia.
4.
When a work-related injury or illness also qualifies as a serious health condition under the Family
Medical Leave Act (FMLA), absences of more than one work week will be designated as Family
Medical Leave concurrent with Workers’ Compensation.
VII. Return to Work Program
The Town of Front Royal is committed to providing a safe workplace and returning employees to
productive work as soon as possible in the event of a work-related injury. Human Resources shall
establish
and maintain a return to work program that focuses on an injured employee’s abilities rather
than
disabilities. If an employee sustains a work-related injury and he or she is not able to immediately
return
to regular duties, modified or transitional work will be identified as soon as possible. If possible,
Human
Resources and the relevant Department will work together to provide temporary modified work
if
available or provide the employee with transitional duties or an alternate position until he or she is
physically able to return to full, regular duties if available. The employee’s medical condition coupled
with limitations or restrictions established by the employee’s medical provider will be the priority when
identifying any modified/alternative assignment. Employees are expected to participate in the develop-
ment and implementation of their respective return to work plans.
This program will not apply to off-the-job injuries. Employees injured off of the job shall be required
to
be able to perform their job duties with reasonable accommodation or shall use their sick leave
until
such time that they can resume full performance of their job duties.
XI.
Other Benefits
A.
Voluntary Supplemental Benefits:
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At the Town’s discretion, other supplemental benefits such as additional life, short-term disability
coverage, long-term care, etc., may be available to employees. Supplemental benefits are offered
through a third party and are not a part of the Town’s standard benefits program. However, the
Town
offers the convenience of pre-tax and after-tax payroll deductions, as appropriate, for these
supplemental programs.
B.
Additional Allowances:
1.
At the Town’s discretion, employees may be provided uniforms and/or special clothing to be worn
while performing official duties. Department Directors shall designate the type, color and style of
uniforms which shall be worn by the employees within their respective Departments and shall issue
rules and procedures governing the initial issuance, maintenance, replacement and accountability
for
such uniforms.
2.
At the Town’s discretion, employees may be provided equipment and tools or monetary allowances
for required equipment and tools based on the nature of the job and available resources.
3.
The Chief of Police may authorize the payment of a clothing allowance for specific employees and/or
positions that are required to wear civilian clothing during the performance of regular duties. The
amount and payment process of the clothing allowance shall be identified in Departmental rules
and procedures and shall be appropriated through the annual budget process.
C.
Take Home Vehicles:
1.
In general, there is no absolute need for any Town employee to take a Town-owned vehicle home
every evening. The decision to allow a Town employee to take a public vehicle home shall be based
on a determination that allowing or requiring the vehicle to be taken home will be demonstrably
beneficial to the delivery of services to the citizens through enhanced productivity or cost savings.
The Town Manager shall have the final authority to determine if an employee may take a Town-
owned vehicle home on a regular basis.
2.
The objective of the take home vehicle policy is to ensure that public property, specifically vehicles, is
used properly in the public interest and not to the personal advantage of Town employees.
3.
Town
employees are not authorized to take home Town-owned vehicles except under the
following circumstances:
a.
The employee is on twenty-four (24) hour call for emergency response where rapid or immediate
response time is required.
b.
The employee is on stand-by and drives a vehicle specially equipped to fulfill a Departmental
mission.
c.
A determination has been made by the Department Director, and approved by the Town Manager,
that allowing or requiring a vehicle to be taken home will be demonstrably beneficial to the
delivery of services to the citizens of Front Royal through enhanced productivity or cost savings.
d.
On a case by case basis, with Department Director approval, to facilitate attendance at work
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functions at locations and/or times where it would be more convenient, or more productive, to
attend while proceeding to or from home without having to obtain a Town-owned vehicle from a
central location (e.g., evening meetings, travel out of town, job site inspections). Such approval
shall end when the specific reason for taking the vehicle home has passed.
e.
With the approval of the Town Manager, employees previously allowed to take vehicles home prior
to the implementation of this policy.
4.
The use of a take home vehicle is subject to the following conditions:
a.
There shall be no personal use of Town-owned vehicles unless such use is incidental and minimal,
such as travel to or from lunch or medical appointments or for personal errands on the way to or
from work, or during lunch break, if the errand requires only a minor deviation of one mile or less
from the normal route traveled.
b.
Individuals allowed to take home a Town-owned vehicle shall reside within the Town of Front
Royal or Warren County unless there is a clear demonstration of the value of allowing the
vehicle to be taken out of the Town or County, and such use is approved by the Town Manager.
c.
There shall be an annual review of take home vehicles justified for emergency response to include
the number of times the vehicle was actually used for emergency response after being taken home.
d.
An employee utilizing a take home vehicle shall be taxed according to prescribed IRS rules and
regulations for any compensatory benefits received from the use of a Town-owned vehicle.
e.
Under no circumstances shall a spouse, dependent or any other person not employed by the Town be
permitted to operate a take home vehicle.
f.
Unless waived by the Town Manager, every take home vehicle shall have decals markings and other
identification as prescribed for Town-owned vehicles.
D.
Safety, Uniforms, & Protective Equipment
1.
The health and safety of the Town’s employees and the public is of the utmost concern to the Town.
It is, therefore, the policy of the Town to strive constantly for the highest possible level of safety in
all activities and operations, and to carry out the Town’s commitment of compliance with all health
and safety law as applicable by enlisting the help of all employees to ensure that the public and work
areas are fee of hazardous conditions.
2.
The Town will make every effort to provide to provide working conditions that are healthy and safe
and employees are expected to be equally conscientious about work-place safety, including proper
work methods, reporting potential hazards, and abating known hazards. Unsafe work conditions in
any work area that might result in an accident should be reported immediately to a supervisor.
3.
Employees of the Town are required to report on the job injuries, no matter how slight, as soon as
possible after the injury. Failure to do so is in violation of Town policies and may affect the
employee’s
ability to collect worker’s compensation as provided by the Worker’s Compensation
statutes.
4.
The Town shall provide protective equipment, including personal protective equipment to employees
where the employee’s duties require such equipment. The employee is required to use such provided
equipment and to not modify equipment.
5.
Personal protection equipment may include eye, face, head, extremities, protective clothing, steel-toe
shoes, respiratory devices, and protective shield.
6.
Uniforms shall be provided to employees as determined appropriate by Departments.
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5 Paid Time Off and Other Absences
I.
General Information
A.
Regular attendance at work is a critical component of meeting the service delivery, productivity and
efficiency goals of the Town. Employees are expected to maintain regular, predictable attendance and to
report to work on time except for time off approved under the following provisions.
Paid time off is an employee benefit that is an important part of the Town’s total compensation package
that provides time away from work for rest, relaxation and personal purposes and provides a mechanism
for partial pay protection during times of illness or incapacity. Employees assigned to full-time
positions
earn an array of paid time off based on the purpose of the absence.
B.
Paid time off may be used in 1/2 hour increments. Accrued paid time off is a personal benefit to an
individual employee and shall not be loaned, or sold to another employee, except through participation in
the Leave Donation Program. Employees shall be granted authorized leave only for its intended
purpose.
II.
Part-Time Paid Leave Benefits
Part-time employees hired after to July 1, 2015, will not be eligible to receive paid leave benefits except
paid holiday leave as described in Chapter 5, IV.
III.
Full-Time Paid Time Off Benefits
A.
Annual Leave:
Annual leave is paid time off from work for vacation, recreation or other personal purposes.
1.
Leave Accrual:
Eligible employees accrue annual leave each pay period when they are employed and in a paid
status. Employees shall be credited one (1) year for every four (4) years employed with the Town
in a part-time position and/or years served in the U. S. Military on active duty. Full-time employees
accrue annual leave at the following rates:
a.
0-3 years – Three (3.0) hours per pay period
b.
4-10 years – Four (4.0) hours per pay period
c.
11-19 years – Five (5.0) hours per pay period
d.
20 years and above – Six (6.0) hours per pay period
2.
Maximum Accrual:
Total creditable service for full-time annual leave accrual purposes shall be computed from the date of
appointment or conversion to a full-time position.
a.
Annual leave may accumulate throughout the year but the amount that may be carried forward
from one calendar year into another calendar year is limited to 160 hours.
3.
Effect of Reassignment:
Promotion, demotion, transfers or reassignment does not affect the amount of accumulated
annual leave.
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4.
Separation:
Upon separation from employment, a full-time employee (or the employee’s estate in case of the
employee’s death) will receive payment for a maximum of 160 hours of accumulated, but unused
annual leave.
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a.
The payout for unused annual leave shall normally be paid in a lump sum rather than by
maintaining the employee in an active status until the accrued leave runs out.
The Town Manager reserves the right to deny or reduce pay for accumulated but unused annual
leave in his/her sole discretion when there is a termination for violation of Town policy or the
separation from service is without proper notice.
5.
Scheduling:
Annual leave is normally scheduled in advance with the approval of the supervisor. Employees must
comply with established Departmental procedures regarding scheduling of annual leave such as
completing appropriate leave request forms. Requests for annual leave must be approved in
advance
by the employee’s supervisor or Department Director. Employees may not be able to take
annual leave
at the time requested depending on the needs of the Town and the efficient delivery of
services to its
citizens.
6.
Approval:
Approval of annual leave is at the discretion of the supervisor and, may be denied in situations
such as when necessary to keep an operation or shift adequately staffed or when an employee has
been absent from work for significant periods of time for other reasons. Employees may be called
back to work from approved annual leave for valid service delivery reasons such as an emergency.
(Refer to Chapter 2, Section XI, Emergency Service).
7.
New Hires:
On occasion, as a recruitment tool, a prospective employee may be granted service credit for annual
leave accrual.
B.
Sick Leave:
Sick leave is paid time off that is normally used to cover an employee’s absence for the reasons listed below.
Employee’s incapacity to work due to illness or injury.
Employee’s medical and dental appointments.
Illness or injury of an employee’s dependent family member that requires the employee’s presence.
For the purposes of sick leave usage, a dependent family member is defined as the employee’s
parent,
spouse, child/stepchild or person for whom the employee has been appointed legal guardian.
1.
Leave Accrual:
Eligible employees accrue sick leave each pay period when they are employed and in a paid status
on the day before and the day after the monthly accrual date. Full-time employees accrue three (3)
hours per pay period.
2.
Maximum Accrual:
Total creditable service for full-time sick leave accrual purposes shall be computed from the date of
appointment or conversion to a full-time position.
3.
Effect of Reassignment:
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Promotion, demotion, transfers or reassignment does not affect the amount of accumulated sick
leave.
4.
Separation:
Employees hired prior to December 31, 1988 will be paid for 50% of their sick leave balance. Full-time
employees hired after December 31, 1988 will be paid for 50% of their sick leave balance with a
maximum payout of $2,000.00 when the employee leaves employment with the Town of Front Royal.
The Town Manager reserves the right to deny or reduce pay for accumulated but unused sick leave
in his/her sole discretion when there is a termination for violation of Town policy or the separation
from service is without proper notice.
5.
Scheduling:
Sick leave may be scheduled in advance, but is typically requested on a daily basis. Employees must
comply with established Departmental procedures regarding requesting sick leave such as notifying
a supervisor prior to the start of the workday or other processes. The employee shall notify their
supervisor or Department Director of illness no later than the beginning of their normally scheduled
workday. The responsibility to notify the supervisor or Department Director about absences or about
tardiness always rests with the employee. The Town will determine in its sole discretion if reasonable
notice was provided. Paid leave may or may not be approved.
6.
Approval:
Approval of sick leave is at the discretion of the supervisor and, may be denied in situations when the
supervisor has valid reasons to believe that the employee is abusing sick leave.
7.
Medical Certification:
Prior to allowing an employee to return to work from any illness or injury, the Town, in its sole
discretion, may require a current return to work certificate or note signed by a medical doctor or nurse
practitioner licensed in the Commonwealth of Virginia stating that the employee can perform all the
essential functions of his/her job without posing a direct risk of injury to the employee or others.
Failure to provide such a certificate or medical note may prevent reinstatement. The Town reserves
the right to seek a second opinion as necessary.
The Town may, at its discretion, require current medical certification signed by a medical doctor or
nurse practitioner licensed in the Commonwealth of Virginia for any sick leave taken including
medical certification indicating that the employee’s presence is required for the incapacity of a
dependent family member as well as additional medical opinions if there is a disagreement.
8.
Abuse of Sick Leave:
When there is reason to believe that an employee is abusing sick leave privileges, such as a pattern of
use that indicates an employee is not actually incapacitated, management action including requiring
certification signed by a medical doctor or nurse practitioner licensed in the Commonwealth of
Virginia and/or disciplinary action may be taken. Examples of patterns that may indicate sick leave
abuse include consistently using sick leave as it is accrued, consistently requesting sick leave on Fridays
and/or Mondays, consistently requesting sick leave the day after payday, or similar behavior.
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C.
Funeral Leave
Funeral leave is the use of annual leave granted to employees holding full-time positions upon the death
of a member of an employee’s immediate family for the purpose of attending services, handling the
affairs of the deceased or similar needs. For funeral leave, immediate family is defined as the employee’s
spouse, parent, spouse’s parents, child, brother, sister, grandparent, grandchild, son or daughter in law,
and guardian.
A.
Upon request, the Department Director shall grant funeral leave for a period not to exceed three
consecutive working days. In the event of multiple deaths in the employee’s immediate family,
each death will be treated separately and funeral leave will be granted accordingly.
B.
If more than the allotted number of days leave is required or if leave is desired for a death other than
the immediate family, time off may be granted at the discretion of the employee’s supervisor.
IV.
Holiday Leave
The Town of Front Royal observes the following paid holidays:
New Years Day
Martin Luther King Day
Independence Day
Labor Day
Thanksgiving Day
Friday after Thanksgiving
President’s Day
Columbus Day
Christmas Eve
Memorial Day
Veterans Day
Christmas Day
A.
When the actual holiday falls on a Saturday, the Friday before the actual day shall be observed as the
holiday; when the actual holiday falls on a Sunday, the Monday after the actual day shall be
observed as the holiday. Occasionally, Christmas and Christmas Eve will fall such that the
observation
will not follow the normal pattern, in which case the appropriate two-day observation
will be
determined by the Town and publicized in advance. In addition to the above holidays, Town
Council
may declare other days to be designated as Town holidays.
B.
Employees who work in operations that must be continuously maintained regardless of holidays
shall use the actual calendar holiday instead of the observed holiday for employees that are required
to work on the actual holiday. For example, when December 25 (Christmas Day) falls on a
Sunday, Monday, December 26 is the observed holiday for most employees. In this situation,
December 25 is the actual calendar holiday and would be used as the holiday for designated
personnel.
C.
For all non-exempt employees required to work on a holiday, Holiday Leave accrues at a rate of
one hour for each hour actually worked during the regular work shift up to 8 hours per holiday (12
hours in the case of personnel assigned to 12-hour shifts). At the Department’s discretion, an
employee may be paid for these hours at the time they are earned, at their normal straight time
rate, or the hours may be used to take time off on another day.
D.
Alternate Holiday Leave procedures may apply, as required by business need, to personnel who are
normally scheduled to work holidays as a part of their regular work shift. In such cases, written
procedures must be approved in advance by the Town Manager.
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V.
Other Absences with Pay
A.
Court Service:
An employee who is required to perform jury duty or is subpoenaed to appear in court outside
his or her regular duties, except for the reasons included in item No. 2 below, shall be granted
sufficient paid time off to perform such duties. When an employee is summoned to serve as a
juror, subpoenaed as a witness or party in relation to the performance of his/her job or is
involved
as a witness to a crime, such time will qualify as “court service.”
1.
Court Service Procedures:
a.
An employee who is required to be absent from work because he or she has been summoned as a
juror or subpoenaed as a witness must provide his/her supervisor with a copy of the summons
or subpoena as soon as it is received.
b.
Upon returning to work after any absence for jury duty, the employee must provide the
supervisor with a certificate from the clerk of court that verifies the service.
2.
Absences Due to Other Court Appearances:
Employees must charge absences due to court appearances that are outside of the areas outlined
above, or due to an employee’s personal business involving court appearances, to appropriate paid
leave (i.e., annual leave, personal leave, PTO compensatory time or adjusted hours).
Some examples of situations, which do not qualify as paid court service leave, are:
a.
Child support cases
b.
Divorce proceedings
c.
Automobile accidents which occur off the job, which are non-job related
d.
Civil court summons for non-job related civil action
e.
Employee charged with violating the law unrelated to his or her job
NOTE: Department Directors, in conjunction with the Human Resources Department,
will determine the applicability of court service leave.
VI.
Military Leave
Military Leave is an employee’s approved absence from work due to the performance of military duty on a
commission or non-commission status, on a voluntary or involuntary basis in a uniformed service,
including active duty, active duty for training, initial active duty for training, inactive duty training, full-
time National Guard duty, funeral honors duty by National Guard or reserve members, or for an
examination to determine a person’s fitness for any of the above forms of duty.
A.
Employees shall notify their supervisor immediately when they learn of an upcoming need for military
leave, and shall provide a copy of the official military orders as soon as possible.
B.
In accordance with State law, there shall be no loss of regular pay during military leaves of absence,
except that paid leaves of absence for federally funded military duty, to include training duty, shall not
exceed fifteen (15) work days per federal fiscal year (October 1 – September 30) and except that no
officers or employees shall receive paid leave for more than fifteen (15) work days per federally funded
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tour of active military duty.
C.
For the purposes of paid military leave, a “workday” is defined as 1/260 of the total working hours an
employee would be scheduled to work during an entire federal fiscal year. For full-time employees, 15
“workdays” equals 120 hours per year; fire personnel assigned to a 24-hour shift are eligible for 168
hours per year. Weekends are included to the extent that they are part of an employee’s regularly
scheduled work time. Whenever possible employees shall try to schedule their military leave at those
times that have the least impact on the Departments’ service delivery needs.
D.
Employees may take additional types of appropriate paid leave when paid Military Leave is exhausted.
1.
An employee whose absence does not exceed five (5) years and is released from service under
honorable conditions may be eligible for reemployment rights and employment benefits as
described under the “Uniformed Services Employment and Reemployment Rights Act of 1994.”
VII.
Work-Related Injury Leave
A.
An employee who sustains an on-the-job injury or contracts an occupationally related disease which
incapacitates him or her from performing his or her duties may be granted paid leave for the
normally scheduled work days within seven (7) calendar days following an on-the-job injury or illness
that prevents the employee from working.
B.
Such time off without loss of pay or charge to personal leave shall end at the close of business on the
seventh (7th) calendar day. The absence may be covered by workers’ compensation if the employee
is unable to work after seven (7) calendar days. (Refer to Chapter IV Benefits; VII Workers’
Compensation policies for more information).
VIII.
Administrative Leave
A.
At the discretion of the Town Manager, an employee may be granted paid time off for a variety of
purposes such as employee recognition or reward, visiting other Town offices for work-related
assistance, counseling or training, pending the results of official investigations, pending
disciplinary
action, or other circumstances where the Department Director determines that the
employee’s absence
from work is in the best interest of the Town.
B.
Leave Without Pay (LWOP):
1.
LWOP is an approved leave status and may be granted to an employee when he or she has
exhausted
all appropriate paid leave to cover an approved absence. The granting of LWOP
shall be at
the Town Manager’s discretion, except in the case of Family Medical Leave and
Military
Leave as described elsewhere in this policy. In the event that an employee is in a
LWOP status
at the time of leave accrual, paid annual and sick leave will not be earned. An
employee in a
LWOP for 30 days or more is not eligible to use annual, sick, or holiday leave or
any other form
of paid leave during the LWOP.
2.
LWOP may also be granted during period of disciplinary action.
3.
An employee on LWOP must pay applicable health, dental and optional life premiums if he
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or she chooses to maintain coverage, except when on approved Family Medical Leave.
Typically,
employees on LWOP must make other arrangements to pay both the Town’s
contribution and
premiums for dependent coverage that would normally be paid through
payroll deduction.
4.
Virginia Retirement System (VRS) retirement contributions will not be made for an employee
on LWOP for 30 days or more. The individual may purchase the lost service from VRS if
military
commitments, educational leave or personal illness necessitated the leave without pay.
5.
The Town currently pays group life insurance premiums for an employee on LWOP for military
commitments, educational leave or an illness for a period of two (2) months. After two months the
employee may continue the coverage by paying the appropriate premiums. Life insurance
coverage may be continued for no more than 24 months.
IX.
Unauthorized Absence
1.
Any absence from the job during a scheduled work period when the employee has not received
prior approval for the absence from his/her supervisor or Department Director will be considered
an unauthorized absence. Employees will not be paid for unauthorized absences. In addition, the
employee is subject to disciplinary action up to and including dismissal.
2.
An employee in an unauthorized absence status who fails to contact his or her supervisor for three
consecutive workdays shall be deemed to have abandoned his or her position and to have
voluntarily resigned.
3.
When emergency conditions exist during a period other than the normal work period (for
example, before or after the normal work shift) and the emergency has been communicated to
employees, any employee who leaves the work site or fails to return to the work site without the
approval of his or her supervisor or Department Director shall be in an unauthorized absence
status.
X.
Family and Medical Leave
In accordance with the provisions of the Family and Medical Leave Act (FLMA), as amended, eligible
employees are entitled to take up to twelve (12) weeks of paid or unpaid, job-protected leave during any
twelve (12) month period for specified family and medical reasons. Employees and supervisors shall engage
in interactive discussions about the need for FMLA, to coordinate absences, and related matters.
A.
Covered Family and Medical Reasons:
1.
The birth of the employee’s child or the placement of a child with the employee for adoption or foster
care.
2.
To care for an immediate family member (spouse, child or parent) with a serious health condition.
3.
To take medical leave when the employee is unable to work because of a serious health condition.
4.
Because of any qualifying exigency as defined below and in accordance with applicable Federal law
and regulations arising out of the fact that the employee’s spouse, son, daughter or parent is a
covered military member on active duty in the National Guard or Reserves in support of a
contingency operation.
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5.
To care for a military family member injured in the line of duty.
(Refer to Section M, Military Caregiver FMLA Leave for specific guidelines).
B.
If the employee has accrued paid leave, the employee must exhaust all appropriate paid leave first,
then unpaid leave second, as part of the leave required by the FMLA.
C.
Serious Health Condition:
An illness, injury, impairment or physical or mental condition that involved either an overnight stay in a
medical care facility or continuing treatment by a health care provider for a condition that either prevents
an employee from performing the functions of the employee’s job or prevents an employee’s qualified
family member from participating in school or other daily activities.
D.
Qualifying Exigencies:
1.
Short-notice deployment
2.
Military events and related activities
3.
Childcare and school activities
4.
Financial and legal arrangements
5.
Counseling
6.
Rest and recuperation
7.
Post-deployment activities within 90 days of termination of active duty
8.
Additional activities agreed to by the Town and the employee
NOTE: Leave for qualifying exigencies is available only to families of service
members in the National Guard and Reserves. It is not available to families of
service members in the Regular Armed Forces.
E.
Employee Eligibility for FMLA:
1.
The employee has worked for at least twelve (12) months for the Town. The twelve (12) months need
not have been consecutive. If the employee was on the payroll for part of a week, the Town will
count the entire week. The Town considers 52 weeks to be equal to twelve (12) months.
2.
The employee has worked for the Town at least 1250 hours over the previous twelve (12) months
before the leave would begin, not including paid or unpaid leave.
3.
When both spouses are employed by the Town, they are jointly entitled to a combined total of
twelve (12) workweeks of family leave for the birth or placement with the employee of a child for
adoption or foster care, and to care for a parent who has a serious health condition.
F.
Calculation of Leave:
Eligible employees can use up to twelve (12) weeks of the leave described above during any twelve (12)
month period. The Town will use a rolling twelve (12) month period measured backward from the date
an employee uses FLMA leave. Each time an employee uses leave, the Town computes the amount of
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leave the employee has taken under this policy, subtracts it from the twelve (12) weeks, and the
balance
remaining is the amount the employee is entitled to take at that time. For example, if an
employee has
taken five (5) weeks of leave in the past twelve (12) months, he or she could take an
additional seven
(7) weeks under this policy.
G.
Maintenance of Benefits:
1.
Employees on unpaid leave which is designated as FMLA leave will continue to receive, if eligible,
health, dental and life insurance benefits up to the maximum twelve (12) workweeks allowed.
These benefits will continue on the same basis as an active employee during this twelve (12) week
period.
2.
Whether on paid or unpaid leave of absence, the employee must make arrangements to pay
applicable
health and dental costs for dependents. Those on unpaid leave must also make
arrangements to
continue other deductions, such as optional life insurance premiums.
3.
If the employee informs the Town that he/she does not intend to return to work at the end of the
leave period, the employee’s rights to any health care benefits will be only to the extent provided
for by the then current health care plan, if any, provided by the Town for its employees.
4.
If the employee chooses not to return to work for reasons other than a continued serious health
condition, the Town will require the employee to reimburse the Town the amount the Town
contributed towards the employee health insurance during the leave period.
5.
Annual and sick leave will not accrue during the leave period if the employee is in an unpaid
status. The use of family or medical leave will not be considered a break in service for vesting or
benefits program purposes.
H.
Job Restoration:
An employee who uses family or medical leave under this policy will be restored to the same job or
a job with equivalent status, pay, benefits and other employment terms if possible as provided in this
Section. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to
the start of the employee’s leave. If an employee is unable to return to work after the FMLA leave
benefits have been exhausted, the employee will not have a right to return to his or her position even
if there are unused accrued leave balances.
Key employees are entitled to FMLA leave but are not entitled to job restoration if re-employment
after the conclusion of the leave will cause a substantial and grievous economic injury to the Town.
A key employee is a salaried employee who is among the highest paid ten percent of the Town’s
workforce. A key employee will be notified in writing of his or her status in response to the
employee’s notice of intent to take FMLA leave, unless circumstances do not permit such notice. If a
key employee is already on FMLA when they receive notice that they are a key employee, the
employee will be given a reasonable time to return to work before loosing the right to job restoration.
I. Use of Paid and Unpaid Leave:
If an employee has accrued paid leave of less than twelve (12) weeks, the employee will use
appropriate
Paid Leave first and take the remained of the twelve weeks as Unpaid Leave, based on the
Town’s
normal leave policies.
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J.
Intermittent Leave and Reduced Work Schedules:
In certain cases, intermittent use of the twelve (12) weeks of family or medical leave or a reduced
work schedule may be allowed by the Town.
1.
The employee may request intermittent leave or reduced work schedule for their own serious health
condition or to care for a seriously ill family member, where the need for leave is foreseeable and
based on planned medical treatment.
a.
Employees are responsible for meeting with their supervisor and scheduling treatments so they
do not unduly disrupt the Town’s operations.
2.
In some cases, the Town may temporarily transfer an employee who is using intermittent leave or a
reduced work schedule to a different job with equivalent pay and benefits if another position would
better accommodate the intermittent or reduced work schedule.
K.
Procedures for Requesting Leave:
1.
Employee requesting leave under this policy must provide 30 days advance notice to his/her
supervisor
if the need for FMLA leave is foreseeable, such as in the case of an expected birth,
adoption or foster
care placement of a child, or planned medical treatment for a serious health
condition of the
employee or a family member.
a.
An employee undergoing planned medical treatment is required to make a reasonable effort to
schedule the treatment to minimize disruptions to the Town’s operations.
b.
If the need for FMLA leave is not foreseeable, employees must notify the Town of the need for
leave as soon as possible, ordinarily within one or two business days. An employee’s failure to give
timely notice could delay his eligibility for FMLA leave and/or mean approval of leave would not
be granted.
2.
Regardless of whether an employee requests FMLA leave, the Town normally designates leave as
FMLA leave as soon as it becomes apparent that the employee is out of work for a reason that meets
the requirements of the law. Typically, an absence will be designated FMLA leave when the employee
has been or is anticipated to be absent for 5 or more workdays, or their equivalent, due to a qualifying
situation.
3.
Upon receiving an employee’s request for leave (or upon learning of a need for leave that appears to
meet the requirements of the law), the Town will provide the employee a Notice of Eligibility and Rights
and Responsibilities.
The employee must submit an appropriate certification form as noted below:
a.
An employee requesting (or determined to need) leave because he/she is unable to work due to a
serious health condition must provide, at his or her own expense, a complete and sufficient
Certification of Health Care Provider for Employee’s Serious Health Condition on a form provided
by the Town.
b.
An employee requesting (or determined to need) leave to care for an immediate family member
with a serious health condition must provide, at his or her own expense, a complete and sufficient
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Certification of Health Care Provider for Family Member’s Serious Health Condition on a form
provided by the Town.
c.
An employee requesting leave because of a qualifying exigency must provide a complete and
sufficient Certification of Qualification Exigency for Military Family leave on a form provided by the
Town.
4.
The required certification should be provided within fifteen (15) calendar days, or the employee
should
provide a reasonable explanation for the delay. If the employee fails to provide complete and
sufficient
certification, the Town may deny the request for FMLA leave and possibly the request for
paid leave
for the time off.
5.
After the Town has received the required notice and certification, it will inform the employee within
five (5) business days whether the leave will be designated FMLA leave. The employee will receive a
Designation Notice indicating the amount of leave that will be counted against the employee’s FMLA
entitlement, if determinable at that time.
6.
Departments will maintain appropriate information including the dates that each employee has taken
FMLA leave; the number of hours of FMLA leave taken by each employee if leave is granted in
increments smaller than a day; and records of any disputes between the employer and any employee
over the designation of leave as FMLA leave. To track FMLA leave hours, payroll clerks will use the
appropriate hours’ codes when processing payroll to have the leave designated as FMLA leave.
7.
Copies of the written notice and certification, and designation, along with all medical information,
will be sent to the Human Resources Office.
L.
Employee Responsibilities:
1.
While on FMLA leave, employees are required to keep their supervisor informed regarding their status
and their intent to return to work.
2.
Employees are required to give at least two (2) business days notice if their anticipated date of return
to work changes.
3.
Employees may be required to provide a Fitness for Duty certification from their medical professional
prior to their return to work. Notice of this requirement will be given with the Designation Notice.
M.
Military Caregiver FMLA Leave:
1.
An eligible employee (see Paragraph F) who is the spouse, son, daughter, parent or next of kin (as
defined
below) of a covered service member may take up to twenty-six (26) weeks of leave to care for
such
service member with a serious injury or illness incurred in the line of duty on active duty for
which
the covered service member is undergoing medical treatment (either inpatient or outpatient) or is
otherwise in outpatient status or on the temporary disability retired list. Such leave is designated
“Military Caregiver Leave.”
2.
Leave is permitted to care for current members of the Regular Armed Forces, National Guard,
Reserves and those on the temporary disability retired list.
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a.
Leave for “qualifying exigencies” is available only to families of service members in the National
Guard and Reserves, and not available to families of service members in the Regular Armed
Forces.
b.
Leave is not permitted under this policy to care for former members of the Regular Armed
Forces, National Guard or Reserves, and those on the temporary disability retired list.
3.
The service member must have a serious injury or illness incurred in the line of duty, as determined by
the U.S. Department of Defense, that may render him/her medically unfit to perform the roles of his
office, grade, rank, or rating and for which he/she is undergoing medical treatment, recuperation,
therapy or outpatient treatment.
4.
In order to care for a covered service member, an eligible employee must be the
spouse,
parent, son or daughter or next of kin (as defined below) of the covered service member.
“Next of kin” is defined as the covered service member’s nearest blood relative (other than the service
member’s spouse, parent, son or daughter) in this order of priority:
a.
Blood relatives who have been granted legal custody by Court decree of competent jurisdiction
or statutorily authorized provision
b.
Brothers and sisters
c.
Grandparents
d.
Aunts and uncles
e.
First cousins
f.
Another blood relative designated in writing by the service member as his or her next of
kin, said writing executed in accordance with all lawful formality and authority
5.
Employees eligible for Military Caregiver Leave may use up to twenty-six (26) weeks of leave during
a single twelve (12) month period. The 12-month period begins on the first day the employee takes
leave for this purpose and ends 12 months thereafter.
6. Policies regarding Maintenance of Benefits, Job Restoration, Use of Paid and Unpaid Leave, and
Intermittent Leave and Reduced Work Schedules are the same as FMLA leave. (Refer to Sections H,
I, and J above).
7.
As with FMLA leave, employees must provide 30 days advanced notice if the need
for
Military Caregiver FML Leave is foreseeable. If the need is not foreseeable, employees must
notify
their supervisor of the need for leave as soon as possible.
8.
Upon receiving the employee’s request for leave, the Town will provide the employee with a Notice of
Eligibility and Rights and Responsibilities Form.
9.
An employee taking Military Caregiver FML Leave must provide a complete and sufficient
Certification for Serious Injury or Illness Leave of Covered Service Member.
a.
The required certification must be provided within fifteen (15) calendar days, or the employee
should provide a reasonable explanation for the delay. If the employee fails to provide complete and
sufficient certification, the Town may deny the request for Military Caregiver FMLA leave and
possibly the request for paid leave for the time off.
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10.
After the Town has received the required notice and certification, it will inform the employee
within
five (5) business days whether the leave will be designated Military Caregiver FMLA
leave. The
employee will receive a Designation Notice indicating the amount of leave that will be
counted
against the employee’s FMLA entitlement, if determinable at that time.
11.
Employees have the same responsibilities under Military Caregiver FMLA as they do under
other
FMLA leave. They are required to keep their supervisor informed regarding their status
and their
intent to return to work and they are required to give at least two (2) business days notice
if their
anticipated date of return to work changes.
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6 Performance Management
Performance management is a participatory process in which employees and supervisors work together
to ensure that work expectations are identified, communicated and measured. Employee performance
management through feedback and evaluation is a vital part of personnel management. It is used to
enhance performance through appraisal, discussion and coaching which may be formal or informal.
Performance feedback is most effective when completed on an ongoing basis to reinforce good
performance or to improve performance when needed. Formal, written performance feedback and appraisal
shall be completed annually either using the Town’s general performance management tools or by using
an approved alternative tool as described below. While performance management is a participatory
process, supervisors are responsible for ensuring timely completion.
This policy and the performance evaluation tools are the basis for consistent, equitable application of
performance management by all Departments, divisions and work units within the Town. The policy
provides guidance to employees and supervisors about the purpose and process of performance
evaluation. Implementation of the performance management policy will help employees develop their
skills and value to the organization by identifying what the organization expects, by communicating it and
by holding employees accountable.
I.
Objectives of Performance Management
The primary objectives of the performance management program are:
A.
To provide the assessment and development needed to achieve service delivery objectives to help
employees develop in their current jobs and help prepare them for higher-level positions.
B.
To provide a means of identifying what the organization expects of employees, of
communicating it to them and of holding them accountable for meeting expectations.
C.
To ensure that employees are fully aware of performance standards which apply to the job, to let
employees know that they can improve their performance and increase their contribution through
feedback, coaching, training and developmental activities.
D.
To recognize overall work performance by employees.
II.
Assessing Performance
Successful performance management relies on an effective partnership between employees and supervisors as
well as a clear understanding of the expectations of each job.
Effective performance management will also:
A.
Be job oriented, providing an evaluation of performance against specific standards, goals and
objectives that are related to realistic workplace practices.
B.
Promote employees’ job satisfaction and morale by letting them know that supervisors are
interested in their progress and development as well as providing regular feedback.
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C.
Make sense to employees—so that employees can clearly understand the areas in which they need
improvement, are doing a good or are doing an outstanding job.
D.
Be consistent across the organization.
E.
Provide a reasonable judgment of sustained performance.
F.
Include goals that are Specific, Measurable, Achievable, Realistic and Timely.
III.
Completing the Performance Review
The formal review of performance is based on evaluating employee behavior against the basic competencies
needed to deliver public services as well as the specific tasks and expectations of the employee’s job.
The employee must sign this written review; if the employee refuses to sign this written review, the written
review must be signed by the employee’s supervisor or manager with a notation by the supervisor or manager
that the employee refused to sign the written review.
The following procedures will be used to complete a formal, annual review of employee performance:
A.
Administration of the Performance Review:
1.
Formal, written review and a face-to-face performance discussion shall be completed at least
annually, but periodic discussion and feedback is encouraged.
2.
Supervisors and employees must become familiar with the evaluation tool including core
competencies.
3.
Supervisors are responsible for ensuring timely completion of performance reviews.
4.
The employee’s immediate supervisor shall complete the appraisal and, at the discretion of
the Department Director, coordinate with a second level supervisor or other manager prior to
meeting with the employee.
5.
The approved form(s) shall be used for annual appraisal, unless an alternative tool has been
reviewed by Human Resources and approved by the Town Manager in advance.
6.
A copy of the completed evaluation or results of an alternate tool shall be forwarded to Human
Resources for inclusion in the official personnel file.
7.
Specific instructions for using the evaluation tool are included with the tool and shall be
followed to complete written evaluations.
8.
Each competency or aspect of the evaluation shall be reviewed separately.
B.
Actions Required When Overall Performance is less than Acceptable:
When an employee’s performance deteriorates to a level that could lead to serious consequences such as
reassignment, demotion or dismissal, he/she must be given a reasonable opportunity if reasonable under
the circumstances to bring his/her performance to an acceptable level. Action shall be taken at any
time during the rating period if the supervisor determines an employee’s performance to be below an
acceptable level.
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In these situations the employee must be notified in writing of the following:
1.
The specific job requirements or performance expectations the employee is failing to perform
satisfactorily.
2.
What the employee must do to bring the performance to a satisfactory level.
3.
What management will do to help the employee improve such as providing additional training,
regular feedback or written guidance.
4.
The frequency at which the employee can expect to receive interim feedback.
5.
A date by which the employee must raise his/her performance to a satisfactory level.
6.
The consequences of failing to improve overall performance to a satisfactory level such as
reassignment, demotion or dismissal.
C.
Deferral of Performance Review:
A formal, written performance review may be deferred in cases where an employee has been absent
from work for an extended period of time and the supervisor has not had sufficient opportunity to
observe performance. Such deferral shall not exceed the total time of the employee’s absence from
regularly assigned duties and shall be documented in a memorandum to the Director of Human
Resources with a copy provided to the employee.
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7 Workforce Development
I.
Workforce Development
A.
The Town supports on-going employee development with the goal of providing learning
opportunities that change behavior, enable employees to meet the organization’s current and future needs
and improve employee job satisfaction. The Human Resources Department and the employee’s
Department develop and/or present a variety of training opportunities that enhance employee
development.
The following operating principles are used as primary guidance in developing and maintaining training
and workforce development programs:
B.
The Workforce Development Program for the Town of Front Royal:
1.
Establishes and relies on a partnership for responsible, relevant learning between the employee, his
or her supervisor, and management.
2.
Relies on participatory program development utilizing the skills and competencies of all
employees to develop the curricula, workshops, and classes.
3.
Closes gaps between employee skill level and the employee’s ability to effectively deliver services.
4.
Supports attainment of employees’ individual goals.
5.
Identifies the return on investment for employees and the organization.
6.
Integrates learning experiences with day-to-day job responsibilities.
7.
Presents a variety of integrated, developmental learning opportunities for all employees.
II.
Employee Recognition
A.
Through meaningful employee recognition programs the Town acknowledges individual and team
behaviors that support the organization’s vision, mission and values. Formal and informal employee
recognition is one of the most effective ways to reinforce the Town’s customer service value, support
its service delivery objectives and retain top performers.
B.
A variety of employee recognition programs such as outstanding customer service awards, awards for
generating tangible cost savings, length of service award or similar awards program shall be developed,
implemented and maintained by Town management.
III.
Tuition Assistance Program
A.
The Town of Front Royal offers the Tuition Assistance Program (TAP) to eligible employees for
coursework toward a college degree, professional certification, or developmental training, to support the
Town’s goal of attracting and retaining a qualified workforce. TAP encourages and enables employees
to increase their knowledge and skill as it relates to their work. The Town encourages learning and
development for employees in order to maintain a workforce that is capable of meeting the changing
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needs of each Department to accomplish its goals.
B.
Employee Eligibility:
1.
Full-time classified employees who have completed one year of continuous satisfactory service with the
Town may apply for tuition assistance. Part-time classified employees who have completed either
two years of continuous service or have worked the equivalent hours of a full-time position (2080
hours) whichever occurs first, may also request tuition assistance.
2.
Any employee that receives less than a “C” in associate or undergraduate courses, less than a “B”
in graduate courses, or less than “Pass” in certifications or developmental training will be
ineligible
for tuition assistance for a period of one semester, unless:
a.
The Town Manager determines that the grade resulted from circumstances beyond the
employee’s control.
b.
The employee received no reimbursement or has reimbursed the Town the amount that the
Town spent on the course.
3.
Members of the Tuition Assistance Program Committee are ineligible for tuition assistance in a
degree program.
C.
Course Eligibility:
1.
Coursework toward a college degree from an accredited college or university, professional
certification, or developmental training, including nontraditional programs such as accelerated
courses and accredited correspondence and on-line courses may be eligible for tuition assistance.
2.
Courses must be taken on the employee’s own time unless prior supervisory approval is
obtained.
3.
Payments for graduate courses may be subject to federal tax withholding in accordance with the
“Small Business Job Protection Bill of 1996.”
D.
Application Procedures:
1.
To apply, a summary memorandum must be completed by the employee and submitted to his/her
supervisor and Department Director (or designee) for their recommendation. The application and
agreement must then be submitted with a copy of the course registration to the Town Manager for
review and approval.
2.
Applications are accepted throughout the fiscal year upon registration and acceptance by the
college, university or course provider. Applications must be submitted prior to the start of any class
and must include costs for the course(s).
E.
Decision Guidelines:
1.
The Town Manager shall review and approve applications. Guidelines for decisions include, but are
not limited to: value of the program to the organization, relevance to job, funding availability,
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program completion status; length of continuous service; performance level; attendance record;
date application was received; number of applications received. Applications will be accepted
throughout the fiscal year and will be considered on a first-come, first-served basis.
2.
If the application is approved, the Town Manager will notify the employee by letter or e-mail.
3.
Tuition assistance decisions are not grievable.
F.
Funding:
1.
Funds for the tuition assistance program are determined annually as a part of the budget approval
process.
2.
When approved, tuition assistance will pay or reimburse up to one hundred percent (100%) of the cost
of tuition, registration and required laboratory fees provided the payment or reimbursement is at least
$50. The payment or reimbursement will not exceed $400 per course. Other fees and costs such as
books and study materials are not covered.
3.
No more than four (4) courses may be approved during one fiscal year.
4.
Employees, who are eligible for tuition assistance from other sources, such as Veteran benefits, grants,
scholarships, etc., must exhaust those sources before applying for tuition assistance through the Town
program.
G.
Methods of Payment:
The Town of Front Royal provides two payment methods for the Tuition Assistance Program:
1.
Tuition Direct Payment provides prepayment of approved course costs directly to the educational
institution.
2.
Tuition Reimbursement provides reimbursement of approved course costs directly to the employee
after he/she provides a receipt for payment and evidence of a satisfactory grade for the course as
defined above.
H.
Employee Obligation:
When the employee requests and receives approval for tuition assistance, he/she agrees to:
1.
Complete the course(s) approved.
2.
Provide the Town with proof of a satisfactory grade for each course approved.
3.
Provide original receipts for approved costs.
4.
Continue to work for the Town for one year after completing the course(s).
5.
Authorize the Town to recover through payroll deduction, or some other means, all or part of the
tuition assistance monies expended if any of the following conditions exist:
a.
The employee does not provide the Town, within 30 working days after completing the course,
evidence that he/she received a grade of a “C” or above in associate or undergraduate courses,
“B” or above in graduate courses or “Pass” in certifications or developmental training programs.
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b.
The employee resigns, retires or is dismissed for cause, before fulfilling the obligations of the Tuition
Assistance Agreement.
c.
The employee drops an approved course for which payment has been made, regardless of reason,
without prior approval from the Town Manager.
d.
The employee receives duplicate payment for the same course from any other source (e.g.,
scholarships, Pell grants, Veterans’ educational payments, etc.).
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8 Employee Responsibilities
Effective service to the citizens relies on employees and management working together and
individual responsibility is critical to maintaining an effective partnership. The following information
outlines the guidelines for employee behavior and the procedures for addressing problems that might
arise. These guidelines support the Town’s core value of personal responsibility, i.e., taking ownership
and accepting the consequences of individual actions.
I.
Code of Conduct for Municipal Service to the Town of Front Royal
A.
The Town of Front Royal, through Town Council resolution, requires that employees follow a code of
conduct reflecting the highest ethical standards and promoting public confidence in Town
government.
B.
This Code of Conduct is established for all municipal employees, excluding members of Panels and
commissions. This Code shall be operative in all instances covered by its provisions except when
superseded by an applicable statutory or charter provision and statutory or charter action is mandatory,
or when the application of a statutory or charter provision is discretionary but determined to be more
appropriate or desirable.
C.
The effective operation of democratic government requires that public officials and employees be
independent, impartial, and responsible to the people; that government decisions and policy be
made through the proper channels of the governmental structure; that public office not be used for
personal gain; and that the public have confidence in the integrity of its government. The purpose of this
Code is to establish standards of ethical conduct for employees by setting forth those acts or actions
that are incompatible with the best interests of the Town.
D.
Responsibilities of Public Office:
Municipal employees are agents of the citizens and are entrusted to pursue the public good at all
times. As such, they are bound to uphold the Constitution of the Commonwealth of Virginia and to
carry out impartially the laws of the nation, state and municipality and foster respect for all
government.
They are bound to observe in their official acts the highest ethical standards and to
discharge
faithfully the duties of their office regardless of personal considerations, recognizing that the
public
interest must be their primary concern.
E.
Dedicated Service:
All Town of Front Royal employees are expected to be loyal to the objectives expressed by the
electorate
through the Town Council. Employees shall adhere to the rules of work and performance
established
as the standard for their positions. Employees shall not exceed their authority, breach the
law or ask
others to do so, and shall work in full cooperation with other employees unless prohibited
from so
doing by law or by officially recognized confidentiality concerns.
F.
Fair and Equal Treatment:
1.
No employee shall discriminate against any other employee, and applicant for employment, any
person doing business or seeking to do business with the Town of Front Royal, or with any other
person, because of race, religion, color, sex, national origin, age, disability, or other basis
prohibited by state or federal law or regulation relating to discrimination in employment. No
employee shall engage in sexual or racial harassment, as those terms are defined by any applicable
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state or federal law or regulation, of any other employee or person.
2.
No employee shall grant any special consideration, treatment, or advantage to any citizen beyond
that which is available to every other citizen.
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3.
No employee shall use or permit the use of Town-owned vehicles, equipment, materials, or property
for personal convenience or profit, except when such services are available to the public generally
or
are provided as municipal policy for the use of such employee in the conduct of official business.
G.
Conflict of Interest:
As provided in Title 2.2 of the Code of Virginia (The Virginia State and Local Government Conflict
of Interests Act), no employee shall engage in any private financial or other interest, which might
impact the performance of his/her official duties.
Employees are also bound by the additional guidance outlined below:
1.
Incompatible Employment:
No employee shall engage in or accept other employment or render services for private interests
when such employment or service is incompatible with the proper discharge of his/her official duties
or would impair his/her independent judgment or action in the performance of his/her official duties.
With management’s approval, employees may engage in other employment that does not interfere
with or present a conflict of interest with Town employment.
2.
Disclosure of Confidential Information:
No employee shall, without proper authorization, disclose confidential information concerning the
property, government, or affairs of the Town, which would advance the financial or other special
interest of him/her self or others.
3.
Gifts and Favors:
No employee shall accept any gift or favor, whether in the form of service, loan, thing, or promise,
from any person, firm, or corporation, intended to, or which may, influence him/her in the
discharge
of his/her duties.
4.
Representing Private Interests Before Town Agencies or Courts:
No employee shall represent his/her own or any other private interest before any agency of the
Town, unless he/she is doing so as a member of a civic organization or is speaking on an issue of
general public interest.
H.
Political Activity:
1.
Town employees shall not be coerced to support a political activity or candidate, whether
funds or time are involved.
2.
Town employees may participate in political activities while they are off duty, out of uniform and
not on the premises of their employment with the Town.
3.
For the purpose of this policy, the term “political activities” includes, but is not limited to:
“Voting; registering to vote; soliciting votes or endorsements on behalf of a political candidate
or
political campaign; expressing opinions, privately or publicly, on political subjects and
candidates; displaying a political picture, sign, sticker, badge or button; participating in the
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activities of or contributing financially to, a political party, candidate or campaign or an
organization that supports a political candidate or campaign; attending or participating in a
political convention, caucus, rally or other political gathering; initiating, circulating or signing
a political petition; engaging in fund-raising activities for any political party, candidate or
campaign; acting as a recorder, watcher, challenger or similar officer at the polls on behalf of a
political party, candidate or campaign; or becoming a political candidate.” (VA State Code
Title 15.2-1512.2)
4.
The components of this section are designed to promote public trust and confidence in Town
government by ensuring that it is free of the actual or apparent influence of partisan politics
and that employment and advancement in the Town are based on meritorious performance
rather
than political service or affiliation. In addition, it protects every employee’s right to vote
and to
keep this right free from interference, solicitation or dictation by any fellow employee,
supervisor or officer.
5.
Every employee is encouraged to vote in every appropriate election. Moreover, except during
working hours or when officially representing the Town of Front Royal, any municipal employee is
free to express his or her opinion as to candidates or issues and to meet with candidates for
office.
6.
Employees may be candidates for political office but must resign, or shall be released, from
employment with the Town upon successful election to political office within the Town of Front
Royal or other political office if the responsibilities of that office will interfere with the
employee’s
ability to perform the duties of his/her Town position or will violate any law.
7.
Under no circumstances shall an employee engage in political activities while performing the
official duties of his/her Town position, use any Town property or equipment to engage in
political
activity or to appear as a candidate while dressed in Town uniforms or clothing that
identifies
the individual as a Town employee. This prohibition shall not apply to an employee
registering to
vote or voting.
7.
No employee shall use the prestige of his/her position on behalf of any political organization or
party. For purposes of this Code of Conduct, a “political organization” shall be defined as “any
group, formal or informal, which endorses candidates for elective office at any level of
government—national, state or local.”
8.
No employee shall use his/her official authority to coerce or attempt to coerce a subordinate
employee to pay, lend or contribute anything of value to a political party, candidate or
campaign,
or to discriminate against any employee or applicant for employment based on political
affiliations
or political activities.
9.
Town employees are prohibited from discriminating in the provision of Town services or
responding
to requests for services, on the basis of the political affiliations or political activities of the person
or organization for which such services are provided or requested.
10.
Town employees are prohibited from suggesting or implying that the Town has officially
endorsed a political party, candidate or campaign.
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I.
Solicitation
Solicitation and distribution of literature in the workplace and during work hours by non-employees
for any purpose, for-profit or not-for-profit, is expressly prohibited. Employees are permitted to solicit
other employees for not-for-profit purposes only during their scheduled break periods and only in
areas designated for such break periods.
J. Consequences of Violation:
Violation of any section of this policy may constitute a cause for disciplinary action up to and
including
dismissal.
II.
Suspected Theft and Fraudulent Transactions
A.
Fraud is an act which is characterized by deceit, concealment, or violation of trust perpetrated to
obtain
money, property or services, to avoid payment or loss of services or to secure personal or
business
advantage or other benefit. The Finance Department is a resource to Departments and
typically
investigates suspicions of significant theft and/or fraudulent transactions when there is no clear
evidence of wrongdoing or the person responsible for it.
B.
An employee who has knowledge of an occurrence of work-related fraud, or has reason to suspect
that a fraudulent action has occurred at work, shall notify his or her Department Director as soon as
possible and shall not discuss the alleged fraud with others. Upon receipt of an allegation, the
Department Director will notify appropriate authorities, develop an action plan and coordinate all
investigative processes.
C.
Confidentiality is critically important in handling fraud allegations and all participants shall keep the
details and results of the investigation as well as the identities of involved employees confidential to the
extent permitted by law. Information will only be shared on a need to know basis. The alleged
fraud and investigation shall not be discussed with the media other than through the
Communications
and Marketing Office or other designated media contact. If the investigation
concludes that the
allegations of fraudulent activity by an employee are founded, the employee is
subject to disciplinary
action and/or legal action.
D.
Retaliation against individuals reporting suspected fraud or for cooperating, giving testimony, or
participating in any manner in an investigation, proceeding, or hearing is unacceptable and will not
be tolerated. However, such protection shall not condone unfounded or vindictive accusation of others.
III.
Secondary Employment
A.
To minimize the potential for conflict of interest, the Town discourages secondary employment. An
employee who wishes to engage in secondary employment shall discuss such employment with his or
her supervisor and obtain approval from the Town Manager before accepting a position outside of
Town employment. Permission to engage in outside employment is at the discretion of the Town
Manager, so long as it does not involve a conflict of interest or otherwise conflict with the Town’s
Code of Conduct.
B.
In the event that previously approved outside employment interferes with the employee’s
performance, attendance, timeliness or ability to work overtime or emergency hours, the employee
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may be required to discontinue it or resign from his or her Town position.
C.
An employee holding approved outside employment is normally restricted from working the secondary
employment on days he or she is on paid leave or Leave Without Pay due to the employee’s own
illness or injury.
D.
Employees who have another job at the time they begin working for the Town must notify their
supervisor of such employment on the date of hire.
IV.
Working Hours, Punctuality, and Attendance
A.
Each Department determines the assigned shift, tour of duty and hours worked for the
employees
within the Department. Every employee is expected to be on the job during all hours as
assigned.
Some type of properly authorized leave or holiday or appropriate flextime must cover time
away from
duty during regularly scheduled work hours. Cumulative, excessive absence, even if
absences have
been approved individually, may lead to employment action up to and including
dismissal. If an
employee must be absent, or late, he or she must notify the supervisor in advance of
the scheduled
working time whenever possible. When requesting leave or reporting an absence, the
employee must
personally contact the supervisor. Failure to give proper notice of absence or
provide a reason for
absence unacceptable to the supervisor will result in an unauthorized absence.
B.
Individual Departments may have specific requirements regarding advance notice of an intended
absence
or tardiness; employees shall check with their supervisor if they have any questions regarding
how
absence or tardiness is handled within their Department. To the extent any provision in this
policy
would cause an exempt employee under the Fair Labor Standards Act to lose their exempt
status, such
policy shall not apply.
V.
Discipline
A.
In most circumstances, employees perform as expected and demonstrate conduct that reflects credit
upon themselves, their co-workers and the Town of Front Royal. When employees fail to conduct
themselves in such a manner, it may become necessary to formally intervene to correct the behavior or
end the employment relationship.
B.
Employees holding full-time and part-time positions who have completed their initial employment period
are governed by this policy. This policy provides guidance for effective problem resolution and as
such it may be applied to employees within the initial employment period and those holding
temporary
positions, at the discretion of the Department Director.
C.
The overall objective of this policy is to develop and implement solutions to problems as quickly and
effectively as possible so that attention is focused on providing quality service to the citizens and
creating a positive work environment for all.
D.
Expectations:
The Town expects and anticipates that employees will be personally responsible for their behavior
but recognizes that, on occasion, it may be necessary to take action to correct inappropriate behavior.
Maintaining effective working relationships requires all employees to be aware of and abide by the Code
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of Conduct, Town Policies and Departmental rules and regulations. As far as possible, the Town seeks
to remedy underlying causes of problems through such means as counseling, mediation and training.
E.
The Town distinguishes between misconduct and unsatisfactory performance (with the exception of acts
of gross negligence) by defining unsatisfactory performance as the inability to meet performance
expectations due to lack of skills, training, education or other similar circumstances. Unsatisfactory
performance is typically addressed through the Town’s performance management program which
identifies the specific actions required when an employee demonstrates overall unsatisfactory
performance. Misconduct is generally defined as reckless, intentional, and/or willful disregard for the
Town’s standards of conduct and/or Departmental rules. Employee misconduct is typically addressed
through a progressive discipline system.
F.
Pre-Disciplinary Actions:
It is the Town’s intent to resolve problems as quickly and effectively as possible. Therefore, prior to
implementing disciplinary action informal verbal notices and discussions such as counseling and
performance guidance sessions may be used to inform an employee that a problem exists and to discuss
expected corrective actions.
G.
Alternative Actions:
In addition to the traditional disciplinary process outlined below, alternative strategies such as
individual corrective action plans, discipline without punishment, peer mentoring, mediation, conflict
resolution, negotiated separation agreements or demotions may be used on a case-by-case basis when
the alternate strategy better serves the Town’s interest and is most likely to solve problems in the least
negative and most cost effective way. The Human Resources Department is familiar with a variety of
alternative actions and is available to provide advice and guidance.
H.
Progressive Discipline:
In general, the Town follows a progressive discipline approach, establishing a set of guidelines rather
than fixed disciplinary requirements. Progressive discipline encourages employees to become more
productive and to conform their behavior to Town expectations and standards. In most cases, an
employee will have the opportunity to correct problems before more serious disciplinary actions are
necessary. The level of disciplinary action is dependent upon the unacceptable behavior and the
circumstances surrounding the behavior. Accordingly, it is not necessary that a progression of
disciplinary actions, from less stringent to more stringent, be followed. The Town reserves the right
to administer disciplinary action appropriate to the behavior and will take into account the overall
situation before decisions are made.
I.
Disciplinary Actions:
The following actions describe the disciplinary system established as a means to address employee
misconduct. Supervisors and Department heads may use these guidelines or may elect to use the
alternate strategies as listed above as appropriate. The Human Resources Department shall provide
assistance to supervisors, managers and employees in developing approaches to problems, which first
and foremost serve the Town’s interest and also meet the overall policy objective.
1.
Verbal Warning:
A formal conference between a supervisor or manager and an employee to discuss an incident of
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misconduct and the corrective action expected. The supervisor or manager shall document the
warning in writing, provide a copy to the employee and maintain the documentation within the
Human Resources Department. Verbal warnings are used for behavior or violations deemed
less serious or harmful by a Supervisor or Manager and where there have been no or few
examples
of such behavior or violation by the employee in the past.
2.
Written Reprimand:
A written notice from a supervisor or manager to an employee identifying uncorrected
misconduct.
Such letters are used for behavior or violations deemed serious by a supervisor or
manager, or
where a warning has not helped to change the unacceptable behavior. A copy of such
reprimand
shall be made a part of the employee’s official personnel file maintained by the Human
Resources
Department. The written notice must be signed by the employee, or if the employee
refuses to sign
the written notice, the written notice must signed by the supervisor or manager with
a notation by
the supervisor or manager that the employee refused to sign the written notice. In the
event it is not
practical for the supervisor or manager to sign the written notice, the supervisor of
manager may
request the Human Resources Department to prepare the written notice on behalf of
the supervisor
or manager.
3.
Suspension:
Formal action by a Town Manager that places an employee in a non-pay, non-duty status for a
specific length of time, expressed in working days. Suspensions from duty and pay for employees
exempt from the Fair Labor Standards Act (FLSA) typically must be in workday increments.
Suspension seriously impacts Departmental productivity and the employee’s pay and shall only be
imposed when a lesser penalty is not appropriate or has not helped to correct the unacceptable
behavior and when dismissal is too stringent.
4.
Dismissal:
An action taken by a Town Manager to separate an employee from employment for cause as a last
resort when unsatisfactory performance that remains consistently unabated, serious misconduct
remains uncorrected, or when initial misconduct is so significant that the employment relationship
must end.
J.
Resignation while charges are pending to dismiss:
An employee who wishes to resign from his/her position during the dismissal process may request to
do so by submitting a letter of resignation to the Department Director. The Department Director may
accept the resignation or choose not to accept the resignation and proceed with the dismissal. If a
resignation is accepted in lieu of dismissal, appropriate documentation to that effect shall be included in
the employee’s official personnel file. The Department Director may elect to include additional
information at his or her discretion.
K.
Separations due to misconduct during the initial employment period:
In the case of dismissals, which take place during the employee’s initial employment period,
progressive
discipline is not required. In these cases, the Department head shall issue a letter notifying
the employee
of the separation and giving the reason(s) for the action.
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L.
Establishing the Penalty:
The following information contains guidelines that assist a supervisor and/or Department Director in
setting a penalty. Disciplinary action is at the discretion of the Department Director, Human
Resources
Department, and Town Manager and failure to follow these guidelines does not invalidate
the action
taken.
An effective process for determining a disciplinary penalty includes the following:
1.
Collect the relevant facts.
2.
Consider the nature, seriousness and consequences of the problem or infraction.
3.
Examine issues such as mitigating circumstances and the possibility of genuine
misunderstanding on the employee’s part.
4.
Consider the employee’s past employment record including length of service and performance levels.
M.
Situations which show a need for more serious actions may include behavior that jeopardizes the
employee’s safety or the safety of others, previous offenses, including the nature and recentness, and
the impact of misconduct, gross negligence, unsatisfactory performance, and/or disruptive behavior on
both productivity and employee morale. Cumulative unrelated offenses may also indicate a need for
more serious corrective action.
N.
Supervisors may consider a variety of factors prior to initiating disciplinary action:
1.
Has the employee been provided with adequate training, clear performance expectations and clear
information as to the standards of conduct, guidelines and Departmental rules?
2.
Are the standards of employee conduct and rules being applied fairly and consistently? Have other
employees demonstrating similar behavior or violating similar rules been treated consistently?
3.
Have written records been maintained of previous counseling or reprimands? Has the employee
been able to tell his or her side of the situation?
O.
Investigative Procedures for Public Safety Personnel:
Law Enforcement, subject to investigations potentially leading to dismissal, demotion, suspension or
transfer and included in the definitions of those terms in the Virginia State Code “Law Enforcement
Procedural Guarantee Act “shall be afforded all rights contained in the applicable Act.
P.
Procedures:
Authority to initiate the disciplinary actions of warning and reprimands shall normally be delegated
to first line supervisors, subject to review and approval by the established chain of command within a
Department including the Department Director, Human Resources Department, and Town Manager.
The more serious actions of suspension or dismissal, shall be coordinated and signed by the Department
Director and require notification of and endorsement by the Town Manager’s Office and the Human
Resources Department prior to issuance. The Human Resources Department will consult with the
Town Attorney’s Office regarding such actions on an as needed basis.
1.
Incidents sometime occur which are of such a dangerous or serious nature that immediate corrective
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action must be taken. Such cases generally involve real or potential hazards to life and/or property or
significant disruption of the Town’s mission. In these cases an employee may be immediately
suspended from duty for the purpose of removing the employee from the work area. The supervisor
must advise the Department head of the situation as soon as possible after the incident takes place.
Except in cases of significant safety violations, the employee’s absence is charged to administrative
leave with pay until such time as an investigation is completed and the employee is notified of any
action to be taken by management as a result of the incident, such as a fitness for duty exam,
disciplinary action or further investigation. Where inappropriate behavior or actions are believed to
be illegal, the Department head may notify the appropriate law enforcement agency and the Town
Attorney.
2.
In all cases, misconduct shall be carefully documented and written actions shall clearly articulate the
situation giving rise to the disciplinary action.
At a minimum the written disciplinary actions must state the specific action being taken, such as
written reprimand, suspension or dismissal, and contain the following information:
a.
What the employee did:
Clearly state the specific conduct deemed unacceptable, describing the conduct in complete and
explicit terms using plain language. Include dates, names, places, events, witnesses, etc. Establish a
proper factual foundation.
b.
How the behavior violated an expectation or rule:
Include the rule, expectation or standard relating to the behavior. It may be necessary to translate the
problem into a recognized expectation especially when the unacceptable conduct is not tied
directly
to written expectations such as poor professional judgment, job carelessness or disruptive
behavior.
Include reference to previous instances of unacceptable behavior, if any.
c.
What the impact of the employee’s behavior was on the unit, division or Department:
Cite the adverse effect of the employee’s conduct on Departmental or Town operations and other
persons especially where negative public notoriety occurs. Include effects such as real or potential
damage to Town property, real or potential harm to citizens or co-workers or real or potential
liabilities.
d.
What the employee must to do to correct behavior:
Provide specific suggestions and/or directives for the employee to correct the behavior. Outline
directions on the proper behavior or level of conduct expected to be followed in the future. Be clear
and unequivocal and include the effective timeline and the consequence if the employee fails to
satisfactorily correct the behavior - what will happen if there is not acceptable improvement.
Identify
any assistance that the employee may receive such as additional training.
e.
What the employee’s rights are concerning the action:
The employee has a right to receive a copy of any documents that could lead to an adverse
action prior to it being placed in the personnel file(s). The employee may respond in writing to
the action and have that response included in the personnel file(s). Include that the written action
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will be placed in the employee’s personnel file(s) and that the employee may grieve the
disciplinary
action, if eligible, in accordance with the Town of Front Royal Grievance Procedure.
3.
Actions Required for Suspension:
Suspensions shall be expressed in working days and shall place the employee in non-pay, non-
duty status. A face-to-face meeting between the employee and the appropriate supervisor or
manager shall take place and the employee shall receive written notice of the intent to suspend,
including the reasons for the proposed suspension in advance of the proposed suspension.
Employees shall be given an opportunity to respond either verbally or in writing to show cause
why the action should not be taken. The employee’s response to the intended action does not
constitute a grievance. The employee may be eligible to grieve should the action take place.
4.
Actions Required for Dismissal:
A face-to-face meeting between the employee and the Department Director, or designee, shall
take place (except in rare instances when a meeting is not possible) and the employee shall
receive written notice of dismissal, including the reasons for the proposed dismissal. In cases
where the Department Director feels the employee’s continued presence on the job during the
period of investigation represents a hazard to himself or herself or others, adversely affects service
delivery, morale or the image of the Town, the employee may be suspended from duty and
placed on administrative leave, typically with pay, pending the proposed dismissal.
5.
Inappropriate Conduct:
Behavior and conduct unacceptable for Town employees are listed below. The list is divided into
two sections, neither of which is all-inclusive nor in order of severity, but which are intended as
guidelines to help supervisors, managers and Department Directors administer discipline in a fair and
consistent manner. The specific circumstances of each case shall be considered prior to determining
appropriate action.
a.
Examples of Less Serious Infractions:
The following infractions include but are not limited to examples of those typically addressed
through the use of the progressive disciplinary system or an alternative strategy.
i.
Rudeness, in person or on the telephone, to the public or co-workers.
ii.
Careless workmanship or negligence of a minor nature.
iii.
Careless use of Town property resulting in possible or actual damage.
iv.
Failure to observe safety practices including failure to use safety equipment such as eye
protection devices or safety shoes.
v.
First instances of tardiness or absenteeism.
vi.
Absence from the workstation or Department without permission.
vii.
Horseplay, pranks or non-work related activities during working hours.
viii.Inappropriate, obscene or abusive language.
ix.
Inappropriate use of a Town owned or leased vehicle including conviction of a minor
moving violation.
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x.
Delay or failure to carry out assigned work or instructions in a reasonable period of time.
xi.
Conduct having an adverse effect on the Town’s interest or on the confidence of the
public in Town government that does not result in serious consequences.
xii.
Inappropriate use of electronic equipment or systems including cell phones, the
Internet, or e-mail systems.
b.
Examples of More Serious Infractions:
The following infractions include but are not limited to examples of those typically so
significant,
disruptive or dangerous that they may require action outside of the progressive
disciplinary
system such as immediate suspension or dismissal.
i.
Insubordination or refusal to follow legitimate instructions of a supervisor.
ii.
Gross negligence or recklessness.
iii.
Unauthorized use of Town documents, records or confidential information.
iv.
Secretive or surreptitious audio or video recording of any other Town employee, supervisor
or manager without proper authorization from an employee’s supervisor or manager.
v.
Making public statements or Internet postings that interfere with the Town’s ability to provide
effective and efficient services to the public.
vi.
Willful failure to fulfill the responsibilities of the job to an extent that it might or does cause
injury to person or substantial damage to or loss of product, machinery, equipment, facilities,
or other property or other harm.
vii.
Chronic or habitual absenteeism, being away from the workplace, or unexcused tardiness.
viii.Major violation or disregard of established safety rules.
ix.
Dishonesty, deliberate misrepresentation, falsification or concealment of a material fact in
connection with any official document, or job-related statement to a supervisor or manager.
x.
Theft, actual or attempted.
xi.
Threatened or actual physical violence or verbal abuse.
xii.
Use, possession, or being under the influence of alcohol or drugs, during work time except
medication prescribed by a doctor and taken in accordance with his or her instructions.
xiii.
Disorderly or immoral conduct while on Town premises or on Town business.
xiv.
Sleeping on the job (except in the case of employees assigned to 24-hour shifts).
xv.
Off duty misconduct of such major import that the employee is unable to fulfill job
responsibilities or of such significance that there is an adverse effect upon the Town
operations.
xvi.
Violation of the “Code of Conduct.”
xvii.
Sexual, racial, or any other form of harassment.
xviii.
Criminal or illegal activity that adversely affects the safe and effective operation of Town
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business.
xix.
Use of Town property for personal benefit.
xx.
Violation of other major Town policies.
VI.
Drug and Alcohol Testing
The goal of the Town of Front Royal is to establish and maintain a safe and healthy workplace for an
employee
that is free from drug and alcohol abuse, and to protect the safety of its citizens by providing
services in a safe
manner. This policy establishes guidelines and procedures for drug and alcohol screening
of applicants and
employees, as well as disciplinary actions and rehabilitative measures that may be
required.
A.
Applicants:
The Town of Front Royal requires drug/alcohol screening as part of the required medical
examination
for all applicants that are offered employment with the Town, including employees
seeking transfer
or promotion into the following positions:
1.
Sworn Police positions
2.
Positions requiring a Commercial Driver’s License
3.
Candidates for other safety sensitive positions that are of a nature such that the potential risk
justifies screening.
The successful applicant being offered a covered position will provide a specimen for screening by
urinalysis for drugs and other appropriate tests for alcohol. Drug/ alcohol screening will be
performed
under standard medical procedures as determined by the Town in consultation with its
medical
advisors. A positive test for drugs or alcohol shall be grounds for disqualification from
employment consideration for at least one (1) year.
B.
Employees:
1.
The drug/alcohol screening tests conducted by the Town will include for-cause testing, testing of
persons applying for or seeking promotion to covered positions within the Town, testing as a
part of some employees’ annual or periodic physical exams, in some instances, random testing
and other testing necessary to comply with Department of Transportation regulations. Selected
testing (e.g., annual or periodic testing as part of a physical, random testing, etc., as contrasted
with for cause testing) shall include a consideration of the nature of the jobs and the work-related
needs of the Department.
2.
Employees are expected to report to work on time and in appropriate mental and physical condition
for work.
In order to accomplish the Town’s goals and maintain employee productivity, an employee must:
a.
Not have a detectable presence of illegal drugs in his or her system, have an alcohol
concentration
of 0.02 or greater, be under the influence of, nor have his or her ability to perform
job duties
impaired by alcohol or any other drugs whether legal or illegal, while on duty or on
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call, while on Town property or while off Town property in an official capacity, or at any time
while operating a Town vehicle. Any employee, who as a result of testing is found to have a
detectable presence of illegal drugs or an alcohol concentration of 0.02 or greater in his or her
system, regardless of when, where or how the substance entered the employee’s system, will be in
violation of this policy.
b.
Not use alcohol while on duty or report to work with the odor of alcohol on his/her breath or
person.
c.
Not consume, use, possess, sell, buy, distribute, or offer to sell, to buy, or to distribute, or to
manufacture any illegal drugs or alcohol or any substance that purports to be an illegal substance,
any time during the scheduled work day, while on Town property, or while off Town property in
an official capacity or at any time while operating a Town vehicle.
d.
Submit to a drug or alcohol-screening test when requested to do so by the supervisor, pursuant to
the provisions of the Town’s Drug/Alcohol Testing Guidelines and/or Department of
Transportation regulations as applicable.
e.
Provide within twenty-four hours of request a current valid prescription for any controlled
substance or drug found to be in the employee’s possession or identified in a positive drug
screening analysis.
NOTE: Failure to provide the prescription shall give rise to a presumption that the employee
did not legally possess or use the controlled substance or drug.
3.
A current employee who seeks transfer or promotion into a listed position and who tests positive for
drugs or alcohol shall not be eligible for such transfer or promotion and shall be subject to follow-up
action in accordance with Section M, “Disciplinary Actions and Rehabilitation.” An employee who
tests positive may request additional screening pursuant to Section N-3.
C.
Reasonable Cause Testing:
1.
The Town of Front Royal may require a current employee to undergo a drug or alcohol screen if there
is reasonable cause to believe that the employee is under the influence of drugs or alcohol during
work hours.
Circumstances which constitute a basis for reasonable cause may include, but are not limited to:
a.
A pattern of abnormal or erratic behavior, including but not limited to hyperactivity, unexplained
mood or personality changes, paranoia, hallucinations.
b.
Information, which is provided by an individual who, in the judgment of the Town Manager or
Department Director, is a reliable and credible source.
c.
Work-related accidents or personal injuries that may have been caused by human error.
d.
Direct observation of drug or alcohol use.
e.
Presence of the physical symptoms of drug or alcohol use, including but not limited to: glassy or
bloodshot eyes, alcohol odor on breath, slurred speech, poor coordination and/or reflexes, onset of
unusual perspiration or shakes, unusual drowsiness or sluggishness.
f.
Disregard or violations of established safety, security or other operating procedures.
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g.
Excessive time away from the workplace, excessive absenteeism or tardiness pattern.
h.
Possession of alcohol or illegal drugs; or the presence of alcohol, alcohol containers, illegal drugs,
or drug paraphernalia in an area subject to the employee’s control.
i.
Unexplained inability to think or reason at the employee’s normal levels.
j.
Fighting or combative or assaultive behavior.
D.
Random Testing:
1.
In compliance with Department of Transportation regulations, all Town employees whose job
duties
require them to possess a valid Commercial Driver’s License must submit to random drug
testing.
2.
Work groups that have duties which carry great risk to the public or co-workers or that work with
controlled substances may be included in a program of random drug/alcohol testing.
3.
A work group will be notified of its designation for random drug/alcohol testing at least one month
prior to the commencement of random testing. A scientifically valid random selection method will
be used to designate the employees to be tested. Each employee in the work group will have an
equal chance of selection at all times.
4.
An individual selected for random testing shall be notified on the same day when the test is to
occur, preferably, within two hours of the scheduled testing. The supervisor shall explain to the
employee that the employee is under no suspicion of taking drugs and that the employee’s name was
selected randomly and escort the employee to the testing facility.
E.
Testing During Periodic Physical Examinations:
An employee who completes a regularly scheduled physical examination as a part of his or her job
will undergo a drug/alcohol test as a part of the periodic physical.
F.
The failure of an employee to submit to a drug or alcohol screening test shall be considered
insubordination and shall subject the employee to immediate disciplinary action, up to and
including
possible termination from employment. An employee who refuses to take a drug or alcohol-
screening
test shall be immediately placed on administrative leave with pay, pending disciplinary
action. The
results of a drug or alcohol-screening test shall not be used by the Town for any purpose
other than to
determine adherence to municipal policy, readiness for work, and appropriate
discipline.
G.
The Town may search, at any time, without employee consent, all areas and property in which the
Town maintains either joint control with the employee or full control, including desks, containers,
files, lockers and all Town vehicles.
H.
The Town recognizes drug/alcohol dependency as an illness and a major health problem. The Town
also recognizes drug/alcohol abuse as a potential health, safety and security problem. Employees
needing help in dealing with such problems are encouraged to use the Employee Assistance
services,
which are provided at no charge to employees. Conscientious and voluntary efforts by an
employee
to seek help will not jeopardize his or her job and will not be noted in any personnel
record
except where such efforts follow a supervisory-initiated referral. However, due to the fact that
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unlawful use of illegal drugs is inconsistent with a sworn police officer’s oath to uphold the laws of
the Commonwealth, any sworn law enforcement officer or law enforcement employee who works
directly with controlled substances will be terminated if he/she tests positive for illegal drugs.
I.
No employee shall be disciplined for the appropriate use of non-prescription or prescribed
medication
in the treatment of illness of injury. However, if the employee knows or should know that
use of a
non-prescription or prescribed medication does or could impair his/her ability to operate a
Town
vehicle or equipment, or otherwise interfere in any way with his/her job performance, the
employee
shall inform his/her immediate supervisor and shall be prepared to provide a copy of the
prescription
or an indication of the medication upon request. Violation of this section of the policy
may subject
the employee to disciplinary action, up to and including termination.
J.
Employees must, as a condition of employment, abide by the terms of this policy and report any
arrest
or conviction under a criminal drug statute for violations occurring on or off Town premises.
A report
of an arrest or a conviction must be made to the Human Resources Department within five
(5)
days after the arrest or conviction.
K.
An employee who is subject to the guidelines of the “Drug-Free Workplace Act of 1989” (the Act),
is also subject to additional requirements as follows. Within ten (10) days after learning of an
employee’s criminal conviction for illegal drug activity within the workplace, the Town will notify
the granting agency of such conviction, as required by the Act. Within thirty (30) days after learning of
an employee(s) criminal conviction for illegal drug activity within the workplace, the Town will take
appropriate personnel action.
L.
Procedures for Completing a Drug or Alcohol Screen:
1.
At all times, the supervisor will proceed with sensitivity so as to minimize embarrassment to the
employee and to protect confidentiality and privacy. The supervisor will consult his or her
supervisor and the Department Director prior to requesting a drug or alcohol screen.
2.
The supervisor will confidentially and privately explain to the employee the reason(s) for requesting
a drug/alcohol screen. If the reason(s) for requesting a screen are based in any part on information
received from a third party, the name of that third party will not be disclosed to the employee,
without the third party’s permission.
3.
The employee will be given an opportunity during the meeting with the supervisor to respond to
the supervisor’s assertions concerning the reasons for requesting the drug/alcohol screen. If the
supervisor still believes the screen necessary or if the screen is pursuant to the random testing
program
or any follow-up testing at random intervals, the supervisor will ask the employee to sign
his/her
consent to have the screen performed by the Town’s designated representative.
4.
The supervisor or his/her designee will accompany the employee to the medical facility where the
screen has been arranged to be conducted. The employee will provide a specimen or blood sample at
the medical facility for testing. The supervisor shall have the authority to place an employee tested for
reasonable cause on administrative leave with pay, or to reassign the employee to another position,
while awaiting the results of the test when such action is in the best interest of the Town. Such
action is not to be considered disciplinary in nature, nor a presumption of guilt.
5.
The results of the screen shall be reported to the employee, the supervisor, and the division or
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Department Director. Any quantification information will be reported only to the division or
Department Director.
6.
All written requests and test results will be placed in a confidential medical file, which will be kept
separate from the official personnel file of the employee.
M.
Disciplinary Actions and Rehabilitation:
1.
Any employee who refuses to consent to a drug/alcohol screen after meeting with the supervisor
shall be subject to immediate disciplinary action up to and including possible termination from
employment.
2.
Adulteration detected in a specimen, substitution of a specimen or otherwise tampering with a
specimen by the employee to be tested or by another Town employee may be grounds for
dismissal.
In the event of adulteration, substitution or tampering, a new screen may be ordered if
the tested
employee is not dismissed.
3.
If the drug screen is positive, the supervisor will meet with the employee prior to determination of
an appropriate action/response. The employee will be given an opportunity to respond to the
result. The employee may request, at his/her own expense, additional drug screening of the
original
test specimen by gas chromatography/mass spectrometry (GCMS.) or other suitable
testing
procedure. If the second drug test is negative or inconclusive, the Town, at its expense,
may
request a third test for further analysis of the test specimen. If both the second and third
drug
tests are negative, the Town will reimburse the employee’s share of the screening test costs
to the
employee, up to the normal cost that the Town pays for its screening tests; and all test-
related
records will be purged. If two of the three drug test results are inconclusive, the employee
shall be
subject to follow-up drug/alcohol testing at random intervals during the next 12-months
and may be
subject to continued follow-up testing for a period of up to five years, at management’s
discretion.
4.
If an alcohol test is positive, i.e., .02 concentration or higher, the testing equipment shuts down for
a period of 15 minutes after which a second alcohol test will be performed to confirm the results
of the initial test.
5.
If the drug/alcohol screen is positive and if any confirmation test is also positive, the supervisor will
determine an appropriate action/response according to the following:
a.
Because use of illegal drugs is unlawful and inconsistent with a sworn police officer’s
oath to uphold the laws of the Commonwealth, any sworn law enforcement officer or law
enforcement employee who works directly with controlled substances will be terminated,
if he/she tests positive for illegal drugs.
b.
A positive drug/alcohol screen that confirms an employee, other than a police officer, has
a detectable presence of illegal drugs in his or her system or has an alcohol concentration
of 0.02 or greater, or has his or her ability to perform job duties impaired by alcohol or
any other drug, whether legal or illegal, during work hours, including on-call time, may
result in immediate suspension from duty, with pay, pending appropriate disciplinary
action.
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c.
An employee who tests positive for drugs or alcohol and who also exhibits one or more
of the reasonable cause criteria in this policy shall be presumed to have been at work
under the influence of drugs or alcohol.
d.
A positive test for drugs or alcohol is not necessarily the only method/means of
determining
that an employee has used drugs or alcohol in violation of Town policies.
Such a finding
may be based on other observed facts and conditions.
e.
While referral to the Town’s Employee Assistance Program may be the first course of
employer initiated action following a positive drug/alcohol screen, certain circumstances
may justify immediate disciplinary action up to and including possible dismissal.
Example: A serious accident or act that causes substantial damage to property or serious
injury to persons or matters in which the integrity, honesty, or ability to foster public
trust is adversely affected.
Generally, the employee will be referred to and remain in a counseling or rehabilitation
program approved by the Town until the approved program administrator is able to state
that the employee has been successfully rehabilitated and can remain drug or alcohol
free. While in the rehabilitation program, an employee may use annual, personal, sick,
earned compensatory leaves or request leave of absence without pay. If the employee
refuses treatment, fails to complete the program, or fails to be rehabilitated, he/she shall
be subject to dismissal from employment with the Town.
6.
Employees who test positive for drugs or alcohol are subject to being tested at random intervals for
up to 12 months following the initial positive test and may be subject to continued follow-up testing
for a period of up to five years, at management’s discretion.
a.
An employee who is within his or her initial employment period will normally be dismissed
from employment following a positive drug or alcohol test.
b.
A second positive test normally results in immediate dismissal from employment.
c.
The collection, documentation, storage/use and distribution of any records, files, and materials
which result from the investigation of drug or alcohol use allegations and drug/alcohol screening
tests are deemed strictly private and will be maintained in a confidential medical file, separate
from official personnel files.
NOTE: Grievance forms and related documentation, which may arise from any aspect of this
program, become a part of the grieving employee’s official personnel file.
d.
Drug/alcohol testing shall not be conducted for the purpose of gathering evidence for use
in any criminal proceeding.
N.
Severability and Modifications:
1.
Should any section, subsection or provision of this policy be declared by a court of competent
jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of this policy as a whole or any part there of other than the part so declared to be
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invalid or unconstitutional.
2.
As with all policies and procedures, the Town of Front Royal reserves the right to modify all or any
part of this policy or procedure as may become necessary.
VII.
Dress Code
A.
The Town of Front Royal is a public service delivery organization and expects all employees to
dress appropriately for a business environment and in keeping with his or her work assignment.
Public image plays an important role in developing and maintaining support for the organization.
To maintain the confidence and respect of the citizens of Front Royal each employee must exercise
good judgment and professional decision-making as they choose workplace attire. This policy
establishes a set of guidelines to be used across Departmental lines.
B.
The following guidelines establish the general expectations regarding employee attire. The
following list is not intended to include every possible scenario but presents guidelines for employee
and supervisory decisions:
1.
Clothing, jewelry and accessories must not create a safety hazard for the employee or others.
2.
All clothing must be in good condition without holes, excessive wear or staining from use or
design.
3.
Clothing may not display implied or stated profanity.
4.
Clothing may not display advertisements or logos for alcohol, tobacco products and/or illegal,
racial or sexual connotations.
5.
Employees shall be clean, well groomed and demonstrate socially acceptable personal
hygiene.
6.
Appropriate undergarments must be worn.
7.
Offensive (profanity, nudity, illegal acts, racial/ethnic slurs) tattoos must not be visible.
8.
Appropriate footwear must be worn.
9.
Shorts shall only be permitted by Departmental policy between the months of May and
September in job positions that are not exposed to safety issues and as approved by their
Department.
C.
Direct Service Delivery Assignments:
Employees working in direct service delivery assignments such as sworn public safety positions, public
works, inspections or other operational/field capacities may be issued workplace uniforms that shall
be worn while performing official duties.
(Refer to Chapter 4, Benefits, Section XI-B, Additional Allowances).
D.
Administrative Assignments:
1.
The Town supports “business casual” dress for Monday through Thursday for administrative
employees, i.e., those employees working in an office environment. Business casual is a form
of attire that is more traditional and typically includes slacks and shirts or suits for men and
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slacks/skirts with blouses and dresses or suits for women. Supervisors retain the right to
require more formal attire based on the needs of the Department or division.
2.
The Town also supports “casual” dress on Fridays or the last workday of a shortened workweek.
Casual dress is a form of attire that is more relaxed and normally associated with leisure time
in a mixed gender social setting involving people of many different age, religious, and social
backgrounds.
3.
Management, including first line supervisors, shall retain the right to consider unique
situations
and may approve alternate employee attire for a variety of reasons such as
accommodations for
medical conditions, religious practices, inclement weather and Town
and/or Departmentally
sanctioned employee events or activities.
E.
Consequences:
Employees are expected to abide by the guidelines of the dress code policy and shall be held
accountable for decisions that do not meet the guidelines. When an employee’s attire does not meet
expectations, the immediate supervisor shall first discuss the matter with the employee to ensure
that the employee understands the policy and its application. If the employee refuses to change his
or her attire and/or fails to comply with the dress code, the supervisor may initiate disciplinary
action
in accordance with the Town of Front Royal’s disciplinary policy.
VIII.
Harassment
Harassment is verbal and/or physical conduct based on sex, race, religion, disability, national origin, age or
any other class protected against discrimination by state and/or federal laws, when such conduct has the
purpose or effect of substantially interfering with an individual’s work performance or creating an
intimidating, hostile or offensive working environment. Harassment includes, but is not limited to,
remarks,
jokes, written materials, symbols, paraphernalia, clothing, or other verbal or physical conduct,
which may
intimidate, ridicule, demean, or belittle a person. Sexual harassment includes, but is not
limited to,
unwelcome sexual advances, requests for sexual favors, verbal or physical conduct of a sexual
nature, and
jokes or innuendos that intimidate, ridicule, demean or belittle a person on the basis of their
gender,
A.
Sexual Harassment is any unwelcome sexual advance, request for sexual favors and/or 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 upon an individual is used as a basis for employment
decisions affecting such individual.
3.
Such conduct has a purpose or effect of substantially interfering with an individual’s work
performance or creating an intimidating hostile or offensive working environment.
B.
The Town of Front Royal will not tolerate any form of harassment of its employees. Allegations of
harassment shall be thoroughly investigated and disciplinary or corrective action taken as
warranted.
Reprisals against employees who file complaints of harassment are prohibited. However,
such
protection shall not condone unfounded or vindictive accusation of others. The Town shall make
efforts
to protect the legitimate interests of all parties concerned in a dispute involving allegations
of
harassment.
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Employees who feel they have been subjected to harassment should respond by using any or all of
the following procedures:
1.
Individuals who experience harassment should make it clear to the offending person that
such behavior is offensive to them. Should such behavior continue or reoccur, the offended
employee should bring the matter to the appropriate supervisor’s attention or to the attention of
other appropriate officials.
2.
Information and advice about harassment may be obtained by contacting the Human
Resources
Department or the Town Attorney’s office for consultation and advice. Every
precaution will be
taken to ensure confidentiality at this informal, information gathering stage.
3.
The employee should report the incident to his or her immediate supervisor, appropriate
Department Director, or other Town official. Supervisors, Department Directors, or other Town
official shall take immediate action when they become aware of any act of harassment. An
employee may also use mediation or the formal Grievance Procedure to resolve complaints of
harassment.
C.
An employee who believes that he or she has been subjected to harassment must promptly
report such incidents.
However, supervisors have an obligation as well to act upon any knowledge
of harassment in the workplace and to take prompt, corrective action when necessary to maintain
a place of employment that is free of harassing, abusive or disruptive conduct. In addressing
harassment complaints, the rights of all parties will be protected.
D.
Retaliation is illegal and contrary to the policy of the Town. Employees who bring complaints of
harassment or who identify potential violations, witnesses interviewed during the investigations,
and
other who may have opposed discriminatory conduct are protected from retaliatory acts
IX.
Workplace Violence
The Town of Front Royal is committed to maintaining a safe, healthy work environment where employees,
visitors and customers are free from the threat of workplace violence. No employee shall engage in any act, on
or off Town property, while performing work-related duties or involving persons related to Town
employment, that threatens the safety of an employee, visitor or customer, affects the health, life or well-
being of an employee, visitor or customer or results in damage to Town or customer property. Such actions
and incidents will not be tolerated under any circumstances. If such an incident occurs, anyone found to
have violated this policy will be subject to disciplinary action, which may include termination.
The Town of Front Royal Workplace Violence Policy applies to all employees regardless of funding,
status or category and to all volunteers, unpaid interns or others working under the supervision of the Town.
A.
Guidelines:
1.
Organizational Responsibility:
The Town will actively support the prevention of workplace violence through the allocation of
appropriate resources for assessment, training and intervention. The Town takes acts or threats of
workplace violence seriously and will promptly investigate and act on reports of acts or threats.
While unfounded or vindictive accusations of workplace violence will not be tolerated, no one who
reports a valid incident will be subject to reprisals or retaliation. The Town through the Town
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Manager, Human Resources, and the Police will work with and assist Departments as needed in
evaluating and/or investigating incidents of workplace violence.
2.
Departmental Responsibility:
Each Town Department and/or Division shall work with Human Resources and the Police
Department to complete a site assessment and take appropriate action to correct to the extent possible
based on available resources, any physical problems that may create potential safety hazards. Each
Department shall develop a Departmental Safety Plan to be incorporated in their Operations Manual
or General Orders and submit it to the Town Manager, for approval. The Plan shall contain specific
safety practices and procedures that, when followed, reduce the threat of workplace violence. The
Departmental Safety Plan, as part of the Operations Manual or General Orders, shall be distributed
and communicated to each employee within the Department.
3.
Managerial Responsibility:
a.
Managers and supervisors shall work in partnership with employees to maintain a safe,
effective
working environment. Managers and supervisors shall attend training on identifying
and
defusing workplace conflicts.
b.
Managers and supervisors must intervene when they see behavior or actions in conflict with
this Policy regardless of the person engaging in such behavior. Where there is imminent danger,
managers and supervisors shall immediately notify the police. Managers and supervisors shall
evaluate and investigate as needed if an incident of workplace violence is reported, is
suspected
of occurring or has actually occurred. Managers and supervisors shall follow up with
employees
to ensure that safety practices and procedures are consistently followed.
4.
Employee Responsibility:
Employees are expected to treat other people and property with respect. In most cases employees
perform as expected and demonstrate conduct that reflects credit upon themselves, their coworkers
and the Town of Front Royal. When employees fail to conduct themselves in such a manner it may
become necessary to intervene as a means of correcting the behavior or ending the employment
relationship. In the event of immediate threat or commission of a crime, employees shall
immediately
call the Police Department. Employees are expected to promptly report threats or
incidents of
workplace violence to their supervisor or other available Town official. When there is
imminent
danger to persons or property, employees are encouraged to take reasonable action to
safeguard
persons or property without putting themselves or others in danger.
5.
Prohibited Behavior:
In keeping with this policy, the Town of Front Royal prohibits any employee from engaging in acts of
violence.
Such acts include, but are not limited to:
a.
Verbally or physically threatening, bullying, intimidating, coercing, harassing or assaulting
an employee, visitor, customer or citizen.
b.
Sexually harassing an employee, visitor, customer or citizen.
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c.
Using, threatening to use, or displaying a weapon of any kind, or any other object that is
used for the purpose of injury or intimidation, unless required by official job duties, such as a
police officer.
d.
Acts that damage, or attempting to damage, Town property or the property of an employee,
visitor, customer or citizen.
6.
Reporting and Investigating Procedures:
Any employee who has been threatened, is a victim of a violent act, witnesses any threats or
violent acts, or learns of threats or violent acts, shall report such activity to his/her supervisor
as identified above. In the event that violence is imminent, the employee shall call the police
immediately. An employee may also report an incident by calling Human Resources.
Supervisors,
in coordination with the police and Human Resources shall promptly evaluate and
investigate
each report.
7.
Confidentiality:
Information about an incident of workplace violence will be shared only with those supervisors or
managers with a legitimate need to know.
X.
Information Technology Security
The Town provides electronic, digital, and wired communications equipment to appropriate employees for
business purposes. The IT Security Policies, which include the Mobile Phone/Mobile Data Device Policies,
establish guidelines for the proper and acceptable use of all information systems including e-mail by Town
Employees, elected officials, volunteers, interns, and other affiliates who may be authorized to use
telephones,
cellular phones, devices, hardware, software, and/or network connections provided by the
Town of Front
Royal. All electronic and digital messages created with, received by, or stored within the
telephone,
hardware and software systems administered by the Town of Front Royal are the property of the
Town and,
therefore, are not considered private. There should be no expectation of privacy in any
communications
received, sent, or stored on equipment or service provide by the Town.
Acceptance and use of electronic, digital, or wired communication equipment by an employee constitutes
their consent to monitoring of communications sent, received, and stored on equipment provided by the
Town or Town service providers.
The Town may provide access to the Internet and the World Wide Web to its employees as one of the many
resources available to assist them in doing their jobs better and more efficiently. Use of this privilege shall
be restricted to business purposes.
The Town of Front Royal reserves the right to restrict or remove access or availability of electronic tools for
any employee that violates appropriate use and/or security policies and practices. Refer to the IT Security
Policies included on the Information Technology website for more information.
XI.
Public Speech
The Town respects and honors the First Amendment rights of its employees to speak out as citizens on
matters
of public concern and to post personal comments on the Internet (e.g., an employee’s own website,
blog,
Facebook, MySpace, Twitter or similar social networking site). However, a Town employee whose
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public statements or Internet postings interfere with the Town’s ability to provide effective and efficient
services to the public may be disciplined for such comments or postings.
A.
Examples of public speech or online postings for which an employee may be disciplined include, but
are not limited to public speech or postings that:
1.
Impairs discipline or harmony among co-workers.
2.
Interferes with the employee’s job performance.
3.
Interferes with the operation of the Town’s business.
4.
Discloses confidential or sensitive governmental information.
5.
Has a detrimental impact on working relationships that require personal loyalty and confidence.
XII.
Electronic Information Device Policies for the Town of Front Royal
These policies establish guidelines for the proper and acceptable use of all information systems including
email by Town of Front Royal (hereinafter “Town”) employees, elected officials, volunteers, interns, and
other affiliates (hereinafter, “Users”) who may be authorized to use electronic information devices,
including mobile telephones, cellular phones, portable computing devices including tablets, notebooks,
computers and laptops and similar devices, hardware, software, and/or network connections, and any other
electronic device capable of transmitting or receiving printed, oral, or video transmissions or information
(hereinafter collectively, “devices”) provided by the Town of Front Royal. By accepting possession or use
of a Town issued device, all Users of a Town issued device expressly understand, acknowledge, consent,
and agree, and expressly and knowingly waive any rights they may have to the contrary, as follows:
1) All such devices, are and shall remain the property of the Town.
2) Two (2) types of mobile phone devices will be identified by the Town’s Information Technology
(hereinafter “IT”) Department each year as issued phones: One smartphone device and one ruggedized
phone device. All orders for new mobile phone/mobile data service regarding Town business will be
for one of these two (2) phone devices.
3) No phone devices issued to any employee will be eligible for an upgrade until the phone device has
been in service for 24 months. The only exception will be if the phone device is replaced from the
Town’s stock or as directed by the IT Director.
4) Any requests for a new device upgrades must be made through an electronic form generated by the IT
Department and must include the signature of the originating department’s director or manager and be
dated by such director or manager.
5) All new or replacement devices will be ordered and configured by the Town’s IT Department before
release to the User.
6) All mobile phone devices must have the appropriate accounts setup to allow GPS tracking and remote
wiping in case of loss or theft.
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7) All devices will be surrendered to the IT Department upon employee termination or resignation or upon
cessation of official relationship with the Town.
8) The IT department will maintain a list of current devices in use and their Users.
9) Any changes to service, data plans, etc., to devices must be made through and approved by the IT
Department.
10) Any other modifications made to devices that would void the warranty on the device are strictly
prohibited.
11) Use shall be responsible for operation and downloaded content on devices. The Town reserves the
right to inspect any device of a User for compliance with content compliance identified in Town of
Front Royal Employee Handbook (“Handbook”) or these Policies. The Town further reserves the right
to restore the device to original content should downloaded programs result in service issues.
12) Users must be and shall be deemed to be aware of the applicability of the Virginia Freedom of
Information Act with respect to communications sent, received, stored, or deleted on such Users’
devices. Employees of the Town, and all other Users of Town mobile devices, have no expectations
of privacy with respect to any and all communications, voice mail messages, text messages, recordings,
or photographs received, sent, or stored on Town mobile phones or mobile devices, or devices, or other
equipment or service provided by the Town, and all such employees and Users acknowledge, consent
to, and agree that by acceptance and/or use of all such devices and any electronic, digital, or wired
communication equipment provided by the Town, their supervisors and the Town Manager and the
delegates of their supervisors and the Town Manager may, at any time, with or without prior notice,
inspect, monitor, and copy any communications, voice mail messages, text messages, recordings, or
photographs on Town devices. The telephone numbers of Town mobile phones are and shall remain
the sole property of the Town of Front Royal.
13) The Town of Front Royal reserves the right to restrict or remove access or availability of devices for
any Town employee who violates appropriate use and/or security policies and practices.
14) The Town may provide access to the Internet and the World Wide Web to its employees and other
Users as one of the many resources available to assist them in doing their jobs better and more
efficiently. Use of this privilege shall be restricted to Town business-related purposes.
15) The Town provides electronic, digital, and wired communications equipment to Users for the Town’s
business purposes, not for Users’ personal purposes. These Electronic Information Device Policies,
the applicable portion of the Town’s Employee Handbook, and any IT Security Policies establish
guidelines for the proper and acceptable use of all information systems including email by Users who
may be authorized to use telephones, cellular phones, devices, hardware, software, and/or network
connections and any other devices provided by the Town of Front Royal. All electronic and digital
messages created with, received by, or stored within the devices, telephone, hardware and software
systems administered by the Town of Front Royal are the property of the Town and, therefore, are not
the private property of any User. There is no expectation of privacy in any communications received,
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sent, or stored on any equipment or service provided by the Town.
16) Acceptance and use of electronic, digital, or wired communication equipment and devices by an
employee constitutes their consent to monitoring of communications sent, received, and stored on
devices equipment provided by the Town or Town service providers.
17) The Town respects and honors the First Amendment rights of its employees to speak out as citizens on
matters of public concern and to post personal comments on the Internet (e.g., an employee’s own
website, blog, Facebook, LinkedIn, Twitter or similar social networking site). However, a Town
employee whose public statements or Internet postings interfere with the Town’s ability to provide
effective and efficient services to the public may be disciplined for such comments or postings.
18) Examples of public speech or online posting for which an employee may be disciplined include, but
are not limited to, public speech or postings that:
a. Impairs discipline or harmony among co-workers.
b. Interferes with the employee’s job performance.
c. Interferes with the operation of the Town’s business.
d. Discloses confidential or sensitive governmental information.
e. Has a detrimental impact on working relationships that require personal loyalty and confidence.
XIII.
Parking
Parking is normally provided to Town of Front Royal employees in surface lots near various work sites.
Parking for employees with an authorized handicap decal or license plate is also available near Town work
sites. Public parking spaces, including marked handicap spaces, surrounding Town Hall and other Town
facilities are designed for use by residents and visitors and shall not be used for daily parking by
employees.
XIV.
Smoking
The Town of Front Royal supports and promotes a smoke-free environment. On-duty employees are
prohibited from smoking and/or tobacco use in any municipal building or vehicle. Employees must abide by
restrictions established by management regarding the conditions of outdoors smoking such as location and
timing.
XV.
Inclement Weather
During inclement weather conditions all municipal offices remain open to serve the citizens of Front
Royal, and employees are expected to report to work. In situations of extreme weather conditions, Department
Directors shall determine the staffing levels required to meet citizen/ customer needs and may allow liberal
leave usage so that employees who are concerned about their travel safety may use appropriate accrued
leave. In these cases, supervisory approval for leave usage is required.
XVI.
Reporting Employee Accidents and Incidents
Employees involved in an on the job accident or incident, no matter how slight it may seem, must report the
accident to their supervisor immediately (i.e., as soon as possible, and on the day of the accident). The supervisor
must complete the Employee Accident Report form in writing. Failure to report any such injury may result
in the loss of Workers’ Compensation benefits. In addition, if any vehicle damage occurs, the employee
must contact the Police Department to complete an accident report. Employees involved in
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vehicle/equipment accidents must submit to drug and alcohol testing.
XVII. Work Related Injury & Illness Reporting Policy and Procedures
Employees have the right to report work-related injuries and illnesses. Town policy requires all
employees to report on-the-job injuries as follows, no matter how slight, immediately following
the injury.
When a work-related injury occurs:
* Notify emergency responders for serious injuries
* Notify your supervisor
* Call Toll Free 1-877-234-0898 (VML "NT24" work-related injury line)
* Use Member Number 230
* 24 hours a day - 7 days a week - 365 days a year
* Injuries must be report immediately
Upon calling the VML (NT24) work-related injury line, you have the opportunity (not required)
to speak with a Registered Nurse who will obtain a history of the injury and offer a best course
of action based on the symptoms reported.
This policy does not replace calling 911 when immediate medical attention is required. When
appropriate or necessary, an injured employee must seek medical attention in an emergency
facility or with a physician's office that is specifically listed on our panel of physicians. the
panel of physicians, as well as prescription information, is provided by your supervisor or
department head. It is the employee's responsibility to attend follow-up appointments as
scheduled by Occupational Health or medical office related to a work injury.
Employee's must not be deterred or discouraged from reporting injuries and illnesses. Town
policy prohibits discrimination and/or retaliation against employees for reporting work-
related injuries and illnesses.
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9 Grievance Procedures
I.
General Information
A.
The Town of Front Royal supports prompt and fair methods for resolving complaints and grievances
of its employees. Employees whose grievances, as defined herein, result from work situations deserve
and have the right to submit such grievances for orderly resolution with freedom from discrimination,
coercion, recrimination, restraint, retaliation or reprisal. In addition, resolving grievances quickly and
equitably promotes effective employer-employee relationships and is in the mutual interests of all affected
parties.
B.
This policy sets forth the general procedures for the administration and resolution of all grievable
employment disputes, as defined in subsequent paragraphs. Reasonable efforts will be made to resolve
employee complaints and grievances on an informal basis at the lowest level of management
appropriate.
C.
All steps of the grievance procedure beyond the first step shall be in writing on forms supplied by the
Human Resources Department. Personal face-to-face meetings are required at all steps of the
procedure.
At each step in the process, the grievant shall be prepared to present his or her view of the
events, which
both preceded and followed the disputed action.
D.
Persons who may normally be present in the grievance meetings are the grievant, the appropriate hearing
official at the level at which the grievance is being heard, and appropriate witnesses for each side.
Witnesses shall be present only while actually providing testimony.
E.
At the third and fourth step of the procedure, the grievant may choose to have a representative of his
or her choice present to provide assistance. If legal counsel represents the grievant, management may be
represented by counsel. All costs for employee representation shall be borne by the employee. The
grievant’s representative or attorney shall be designated by the employee in writing at the time he or
she presents the grievance in writing at the appropriate step. If another Town employee is chosen as a
representative and that person is willing to represent the grievant, he or she shall not be denied
permission to do so unless the representation would contribute appreciably to the neglect of that
person’s
regular duties, or would constitute a clear conflict of interest with his or her regular duties.
For
example, a staff member of the Town Attorney’s Office whose regular duties may require them
to
advise management and employees on matters related to grievances shall not be allowed to act as
employees’ representatives. In no case will managerial or supervisory personnel act as an employee
representative against Town management.
F.
In accordance with the non-public nature of a grievance hearing, any recording by tape or any other
means is strictly prohibited without the consent of both parties. At the conclusion of each written step
in the Grievance Procedure, the hearing officer will transmit the decision along with appeal forms and
addenda to the grievant with copies to the immediate supervisor, the respective Department Director, and
the Director of Human Resources.
G.
As a grievance moves through the levels of appeal, an employee may not materially change the
basic
nature or content of his or her grievance after it is reduced to writing, nor may he or she change the
relief sought. Further, an employee may be withhold available evidence from the earlier steps of
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the grievance
procedure and then seek to introduce such evidence for the first time during the steps of the
grievance pro-cedure. When processing any grievance to a higher step in the procedure, the grievant
should recognize
that each appeal will be handled as a hearing de novo (except as to the availability of
evidence) in which
the original dispute is the basis for the further appeal.
Therefore, the hearing officer, panel or Panel will decide among three courses of action:
1.
To uphold the original decision of the immediate supervisor.
2.
To overturn the original decision.
3.
To modify the original decision.
H.
Except in instances where grievances might arise within the Human Resources Department, the Director
of Human Resources or designee shall act in a neutral manner in these proceedings. Upon request, the
Director of Human Resources will counsel employees with regard to grievances. The Director shall be
responsible for designing all necessary forms, making policy interpretations which might become
necessary, issuing additional guidelines for the orderly administration of employee grievances in
accordance with this Grievance Policy, and serving as Secretary to the Appeal Panel and to the
Grievance
Panel. As provided within this Policy, time limitations are designed to be fair and reasonable to
both the
grievant as well as to those individuals who will be involved in hearing and seeking the resolution
of a
grievance settlement at each successive step.
II.
Coverage of Personnel
A.
This policy governs the administration and processing of all grievances of the full-time and part-time
employees of the Town of Front Royal.
B.
All employees holding full-time and part-time Town of Front Royal positions who have completed
their initial employment period are eligible to file grievances with the following exceptions:
1.
Department Directors and their equivalents.
2.
Exempt employees
3.
Town Council appointees.
4.
Employees holding temporary and/or grant funded positions.
5.
Law-enforcement officers as defined in Chapter 5 (§ 9.1-500 et seq.) of Title 9.1 of the Code of
Virginia whose grievance is subject to the provisions of Chapter 10.1 and who have elected to
proceed pursuant to those provisions in the resolution of their grievance.
6.
Any other employee electing to proceed pursuant to any other existing procedure in the
resolution of his or her grievance.
C.
The Director of Human Resources shall maintain an up-to-date list of the excepted positions.
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III.
Definition of a Grievance
A.
A grievance shall be a complaint or dispute by an employee relating to his or her employment,
including but not necessarily limited to:
1.
Disciplinary actions, including dismissals, that result from formal discipline or unsatisfactory job
performance, disciplinary demotions, and suspensions provided that dismissals shall be
grievable
whenever resulting from formal discipline or unsatisfactory job performance.
2.
The application, but not the content, of personnel policies, procedures, rules and regulations
including the application, but not the content, of policies involving matters referred to in Paragraph
IV, 3. below.
3.
Acts of retaliation as the result of either the use of the grievance procedure or participation in the
grievance of another Town employee.
4.
Discrimination on the basis of race, color, creed, political affiliation, age, disability, national
origin, religion or sex.
5.
Acts of retaliation because the employee has complied with any federal or state law, has
reported any violation of such law to a governmental authority, or has sought any change in
law before the Congress of the United States or the General Assembly or has reported an incident
of fraud, abuse or gross mismanagement. There shall be a rebuttable presumption that
increasing
the penalty that is the subject of the grievance at a level of the grievance is an act of
retaliation.
IV.
Local Government Responsibilities and Management Rights
A.
The Town shall retain the exclusive responsibility to manage the affairs and operations of
government. Accordingly, the following complaints are non-grievable:
1.
Establishment and revision of wages or salaries, position classification or general benefits.
2.
Work activity accepted by the employee as a condition of employment or work activity, which
may reasonably be expected to be a part of the job content.
3.
The contents of ordinances, statutes or established personnel policies, procedures, rules and
regulations.
4.
Failure to promote except where the employee can show established promotional policies or
procedures were not followed or applied fairly.
5.
The methods, means and personnel by which such work activities are to be carried on.
6.
Except where such action affects an employee who has been reinstated within the previous six
months as the result of the final determination of a grievance, termination, layoff, demotion or
suspension form duties because of a lack of work, reduction in work force, or job abolition.
7.
The hiring, promotion, transfer, assignment, evaluation, counseling and retention of
employees
within the Town government.
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8.
The relief of employees from duties of the Town government in emergencies.
9.
Voluntary resignation.
10.
Counseling sessions and/or counseling memos.
B.
In any grievance brought under the exception to provision (6) of this subsection, the action shall be
upheld upon a showing by the Town that:
1.
There was a valid business reason for the action.
2.
The employee was notified of the reason in writing prior to the effective date of the action.
V.
Determination of Grievability
A.
The issue of grievability may occur at any step of the procedure prior to the Panel Hearing, but
once raised, the issue must be finally resolved as provided herein before further processing of the
grievance. Decisions regarding grievability and access to the procedure shall be made by the Town
Manager, or designee, at the request of management or the grievant within ten (10) calendar days
of such request. A copy of the ruling will be sent to the grievant. In all cases, the issue of grievability
must be resolved prior to the Panel Hearing or it shall be deemed to have been waived by
management
and the grievance shall be processed to conclusion.
B.
The grievant shall have ten (10) calendar days to appeal a decision of non-grievability to the Circuit
Court of the Town of Front Royal, Virginia for a hearing on the issue of grievability, as provided for
in the Code of Virginia, Section 15.2-1507 A9a. Proceedings for review of the decision of the
Town Manager shall be instituted by filing a notice of appeal with the Town Manager within ten
(10)
calendar days after the date of the decision and giving a copy thereof to all other parties.
Within ten (10) calendar days thereafter, the Manager shall transmit to the Clerk of the Circuit
Court of the Town of Front Royal and to the grievant the following:
1.
A copy of the decision of the Town Manager
2.
A copy of the notice of appeal
3.
The exhibits
C.
A list of the evidence furnished to the Court shall also be furnished to the grievant. The failure of the
Town Manager to transmit the record within the time allowed shall not prejudice the rights of the
grievant. The Court, on motion of the grievant, may issue a writ of certiorari requiring the Town
Manager to transmit the record on or before a certain date.
D.
Within 30 calendar days of receipt of such records by the Clerk, the Court, sitting without jury, shall
hear the appeal on the record transmitted by the Town Manager, or designee, and such additional
evidence as may be necessary to resolve any controversy as to the correctness of the record. The
Court,
in its discretion, may receive such other evidence as the ends of justice may require. The
Court may
affirm the decision of the Town Manager or designee, or may reverse, or modify the
decision.
The decision of the Court shall be rendered no later than the fifteenth (15
th
) calendar day
from the
date of the conclusion of the hearing. The decision of the Court is final and is not
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appealable.
E.
The classification of a complaint as “non-grievable” shall not be construed to restrict any
employee’s
right to seek or management’s responsibility to provide customary administrative
review of
complaints outside the scope of this grievance procedure.
VI.
Time Periods
All grievable employment disputes, as defined in the preceding paragraphs, must be processed through four
steps of successive appeal and within the specified time limits, except as noted within this policy. For
purposes of this Procedure, all time limits are stated in terms of “calendar days.” If the last day of any
time limit falls on a Saturday, Sunday, or observed Town holiday, the following regular weekday shall be
considered the last day. Time frames may be extended by mutual agreement of the hearing officer and the
grievant. The Grievance Panel or Board, at their discretion, or at the request of either party to the
grievance,
may extend any or all of the prescribed time periods applicable after the grievance is received
by the Panel/
Board. These time periods may be extended in writing based upon mutual agreement in
advance by
the two parties (the grievant and the individual hearing the complaint or grievance). The
Panel or Board
may, by mutual agreement with the grievant, continue the hearing.
VII.
Compliance
A.
After the initial filing of a written grievance, failure of either party to comply with all substantial
procedural requirements of the grievance procedure, including the panel or board hearing, without
just cause will result in a decision in favor of the other party on any grievable issue, provided the
party not in compliance fails to correct the non-compliance within five (5) work days of receipt of
written notification by the other party of the compliance violation.
B.
Such written notification by the grievant shall be made to the Town Manager or designee. The Town
Manager, or designee, may require a clear written explanation of the basis for just cause extension or
exceptions. The Town Manager, or designee, shall determine compliance issues. Compliance
determinations made by the Town Manager shall be subject to judicial review by the filing of a petition
with the Circuit Court of the Town of Front Royal, Virginia within 30 days of the Compliance
determination.
VIII.
Relief Sought
Once an employee reduces his or her grievance to writing, he or she must include on the appropriate
form the specific relief he or she expects to obtain through the use of the grievance procedure. The relief
sought shall be personal to the grievant (e.g., the relief sought may not be the dismissal or discipline of
another employee). The relief sought must be consistent with the issues determined to be grievable under
this procedure and may not be in conflict with the management rights section of this policy. The grievant
may accept the relief granted at any step of the procedure and his or her grievance shall be considered
resolved. However, prior to the Panel Hearing, if the employee finds any part of the relief granted unaccept-
able, he or she must advance the entire grievance and relief sought to the next step of the procedure. The
decision of the Panel is final and binding.
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IX.
Waiver of Steps
Any of the steps in the grievance procedure, except the fourth step panel/board hearing, may be waived
based upon the mutual written agreement of the grievant and the Town Manager. A “Grievance Step
Waiver Form”, available from Human Resources or the Town’s website, must be completed and signed
by the grievant and the Town Manager prior to the required meeting(s) between the grievant and
management and shall be included in the official grievance file maintained in the Human Resources
Department.
X.
Steps in the Grievance Procedure
A.
STEP 1 – Supervisor/Department Director Level:
1.
An employee who has a grievance shall orally present his or her initial complaint to his or her
immediate supervisor (or to the acting supervisor in the absence of the immediate supervisor) or to the
Department or Division Director if the grievance relates to a suspension, dismissal or policy
decision,
within 20 calendar days after the event giving rise for the grievance.
2.
It is the responsibility of the employee to inform the supervisor or Director of his or her intention to
formally grieve. An employee’s complaint does not become an official grievance until the employee
identifies it as such in a face-to-face meeting.
3.
The supervisor or Director shall give the employee his or her verbal response within ten (10)
calendar days after its presentation and shall develop and maintain written documentation of the
date the meeting took place, the decision made and the date the decision was given to the
employees.
Each immediate supervisor shall keep appropriate accounts of the complaints that he
or she
receives.
B.
STEP 2 – Department Director Level:
1.
If the complaint is not resolved in Step 1, the employee may, within ten (10) calendar days of his/her
supervisor’s oral response, reduce the grievance to writing on an “Employee Grievance Form” and
submit it to his or her respective Department Director (or to the acting Department Director in the
Director’s absence). This submission will be the aggrieved employee’s explanation of what has
occurred, his or her reasons for rejecting the Step 1 response, and the specific relief that he or she
desires for resolution of the grievance. If an employee chooses to grieve an action taken by a
Department to which the employee is not assigned, he or she shall submit the grievance form to the
Director of the Department taking such action.
2.
Within ten (10) calendar days of receipt of the completed grievance form, the Department Director
(or the acting Director in the Director’s absence) will meet with the grievant, the grievant’s
immediate supervisor and/or manager directly involved in issue, and appropriate witnesses, i.e. those
persons having direct knowledge of the issue. If the grievant desires testimony by a witness(es) who is
scheduled for Town duty, he or she will notify the respective Department Director at least 24
hours in advance; and if a witness(es) is not scheduled for Town duty, the grievant will be
responsible
for arranging the presence of this witness(es). The appearance of witnesses before the
Department
Director is strictly voluntary.
3.
A written reply to the grievance signed by the Department Director shall be provided to the
employee
within ten (10) calendar days after the second step meeting. The grievance file, including
all
attachments shall be forwarded to the Human Resources Department following the second step
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decision.
C.
STEP 3 – Town Manager Level:
1.
If the second step decision is not acceptable to the grievant, he or she shall have ten (10) calendar
days after receipt of the decision in which to request a meeting with the Town Manager, or his or her
designee. The grievant must complete the “STEP 3: Grievance Form” and submit it to the Human
Resources Department to request further consideration of his or her grievance. Human Resources
shall record its submission and forward the grievance and related documents to the Town Manager
who may designate one or more individuals to assess and undertake its resolution.
2.
The Town Manager, or designee, shall meet with the aggrieved employee, the employee’s immediate
supervisor and/or manager directly involved in issue, the Department Director, and appropriate witnesses,
i.e., those persons having direct knowledge of the issue, within ten (10) calendar days to discuss
informally the particulars of the incident surrounding the grievance and the specific dispute for
resolution.
3.
If the grievant desires testimony by a witness(es) who is scheduled for Town duty, he or she must
notify the respective Department Director at least 24 hours in advance; and if a witness(es) is not
scheduled for Town duty, the grievant will be responsible for arranging the presence of this witness(es).
The appearance of witnesses at the grievance hearing is strictly voluntary.
4.
In addition to the presence of these persons, the aggrieved employee may elect to be accompanied by
a representative of his/her choosing (who may be another Town employee); however, the grievant must
include the name of the representative, and state whether or not the representative is an attorney, on the
STEP 3: Employee Grievance Form at the time of submission. If the grievant is represented by legal
counsel, the Town Manager or designee may also be represented by counsel. All costs of employee
representation shall be borne by the employee.
5.
The Town Manager, or designee, has the discretion to determine the propriety of attendance at the
hearing of persons not having a direct interest in the hearing; and at the request of either party, the
hearing shall be private. Grievance hearings cannot be recorded by tape, stenographer or any other
means without the consent of both parties
6.
The Town Manager, or designee, has the authority to determine the admissibility of evidence without
regard to the burden of proof, or the order of presentation of evidence, so long as a full and equal
opportunity is afforded to all parties for the presentation of their evidence.
7.
If the Town Manager, or designee, determines that additional evidence is needed to make an
informed
decision, he or she may continue the STEP 3 hearing to hear such additional evidence.
8.
The Town Manager or designee shall reply in writing to the grievant within ten (10) calendar days
after the third step hearing.
D.
STEP 4 –Grievance Panel:
1.
If the Town Manager’s decision is not acceptable to the grievant, he or she may, within ten (10)
calendar days submit his or her dispute to the resolution of the ultimate authority available in this
Grievance Procedure—the Town Employee Grievance Panel depending upon the nature of the
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particular grievance involved. Requests for further consideration of the grievance shall be made by
completing the “STEP 4: Employee Grievance Form” and submitting it to the Director of Human
Resources.
2.
Within ten (10) calendar days following receipt of the “STEP 4: Employee Grievance Form” the
Director of Human Resources, or designee, shall convene a non-public, informal hearing of the
Panel for the necessary discussion, consideration, and resolution of the grievance.
3.
As in STEP 3, the aggrieved employee, his or her supervisor and the Department Director shall be
present at the Panel hearing, and appropriate witnesses as well as representatives may also be in
attendance. If the grievant desires testimony by a witness(es) who is scheduled for Town duty, he or
she will notify the respective Department Director at least twenty-four hours in advance; and if a
witness(es) is not scheduled for Town duty, the grievant will be responsible for arranging the presence
of this witness(es). The appearance of witnesses before the Panel is strictly voluntary. If the
grievant
intends to have a representative at the Panel hearing, the grievant must include the name
of the
representative, and state whether or not the representative is an attorney, on the “STEP 4:
Employee Grievance Form” at the time of submission.
4.
Subsequent to the hearing and within ten (10) calendar days thereafter the Chair of the Panel will
notify the grievant in writing of the decision of the Panel. Copies of this written decision of the Panel
will be forwarded to the Town Manager, the respective Department Director, the grievant’s
supervisor, and the Human Resources Department. A final determination by the Panel must be
consistent with law and written policies. Either party may petition the Circuit Court for
implementation of the Panel decision.
E.
Town Employee Grievance Panel:
1.
The Panel is charged with the responsibility of resolving any STEP 4 grievance that involves the
demotion, dismissal or suspension of 14 days or more of the aggrieved employee.
Membership on the Panel will consist of three (3) citizens selected in the following manner:
a.
The three (3) citizen members are comprised of one member from the grieving party, one from the
Town, and one selected by the other two members. In the event that agreement cannot be reached
as to the final panel member, the Chief Judge of the Circuit wherein the Town of Front Royal is
located shall select the third panel member.
b.
These citizen members will elect a Panel Chairman from among themselves.
i.
If any of the citizen Panel members are unable to participate in a particular hearing, the grievant
may elect to have his or her hearing continued until a maximum of five working days
following the next regularly-scheduled Town Council meeting when substitute citizen Panel
member(s) would be appointed for this particular grievance hearing.
2.
The Panel shall not be composed of any individuals having direct involvement with the grievance
being heard by the Panel, or with the complaint or dispute giving rise to the grievance. Managers
who are in a direct line of supervision of a grievant, individuals from the same Department as
the grievant, individuals residing in the same household as the grievant and the following
relatives of a participant in the grievance process or a participant’s spouse are prohibited from
serving as Panel members: spouse, parent, child, descendants of a child, sibling, niece, nephew
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and first cousin.
3.
No attorney having direct involvement with the subject matter of the grievance, nor a partner,
associate, employee or co-employee of the attorney shall serve as a Panel member.
F.
The system outlined above is designed to be an equitable and objective approach for designation of
both Panel membership in the final determination of employee grievances. It also provides a method
by which the grievances of Town personnel can be heard by an audience that includes both
supervisory and non-supervisory representation from within the ranks of Town employment and a
high-level of citizen involvement as well.
XI.
Rules for Grievance Panels
A.
Hearings before the Town Employee Appeal Panel and the Town Employee Grievance Panel, both
of which are referred to as “Grievance Panels,” shall be conducted by the following rules:
1.
Grievance Panels do not have authority to formulate policies or procedures or to alter existing
policies or procedures nor do they have the authority to award monetary damages, expenses or
attorneys’ fees to a successful grievant.
2.
Grievance Panels have the discretion to determine the propriety of attendance at the hearing
of persons not having a direct interest in the hearing; and at the request of either party, the
hearing shall be private. Grievance hearings cannot be recorded by tape, stenographer or any
other means without the consent of both parties.
3.
The Town must provide the Grievance Panel with copies of the grievance record prior to the
hearing, and provide the grievant with a list of the documents furnished to the Grievance Panel.
The record shall include the STEP 2 and STEP 3 written decisions and all documents that were
relied upon in the STEP 1, STEP 2 and STEP 3 meetings.
4.
The grievant and his/her attorney shall be allowed access to and copies of all relevant files
intended to be used in the grievance proceeding, at least ten (10) calendar days prior to the
scheduled hearing.
5.
Grievance Panels have the authority to determine the admissibility of evidence without regard
to
the burden of proof, or the order of presentation of evidence, so long as a full and equal
opportunity
is afforded to all parties for the presentation of their evidence.
6.
All evidence shall be presented in the presence of the Grievance Panel and the parties, except by
mutual consent of the parties.
7.
Documents, exhibits and lists of witnesses are to be exchanged between the parties at least
three (3) days in advance of the hearing. The appearance of witnesses before the Grievance
Panel or hearing officer is strictly voluntary.
8.
The majority decision of the Grievance Panel, acting within the scope of its authority, is final,
subject to existing policies, procedures and law.
9.
The decision of the Grievance Panel shall be provided to all parties within ten (10) calendar days
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after the conclusion of the hearing.
10.
Other provisions may apply, in order to facilitate fair and expeditious hearings, with the
understanding that the hearings are not intended to be conducted like proceedings in courts, and
that rules of evidence do not necessarily apply.
B.
Implementation of the Decision:
Either party may petition the Circuit Court for an order requiring implementation of the Step 4
decision.
XII.
Maintenance of Grievance Records
Once a grievance is reduced to writing, the Department Director handling the grievance shall initiate a
grievance file. This file shall contain copies of all forms, memoranda, letters, waivers, exhibits and/or
summaries of all meetings and decisions rendered concerning the grievance. At the conclusion of the
Second
Step, the file shall be forwarded in its entirety to the Human Resources Department. As the
grievance
progresses through the various steps of the procedure, copies of all additional data shall be
added to the
file until the grievance is resolved. When the grievance is resolved the file shall constitute the
official record
of the grievance and shall be maintained by the Human Resources Department.
XIII.
Mediation
A.
In addition to the Grievance Procedures outlined above, the Town of Front Royal offers Mediation as an
alternate dispute resolution process. Mediation is a neutral, assisted negotiation process that helps resolve
problems between two or more employees. The Mediation process is facilitated in a confidential forum
by trained mediators. Mediators help the parties recognize the issues in conflict, explore alternatives
and reach mutual agreement or a solution.
B.
All employees may use the Mediation process. Employees may request mediation by contacting their
supervisor or the Human Resources Department. All parties must agree to the Mediation process and
the selected mediator. A mediation session will normally be scheduled within 15 calendar days of the
agreement to mediate.
C.
Employees may initiate requests for Mediation during the course of a grievance and if all parties agree
to proceed with Mediation, the grievance process will be held in abeyance until the conclusion of the
Mediation. An employee may choose to end the Mediation and resume his or her grievance at any time
during the Mediation.
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10 Definitions
Anniversary Date – The anniversary of the initial employment, promotion, or demotion date.
Break In Service – Any separation from the Town service, whether by resignation, lay-off, disability,
or retirement, when the employee is subsequently re-employed. An authorized leave without
pay shall not be considered as constituting a break in service.
Continuous Service – Employment without interruption, except for absences on approved leaves,
such as military leave, etc.
Demotion, or Reduction in Rank – Assignment of an employee from on position/rank to another,
which has a lower rate of pay.
Disability – A physical or mental impairment, which prevents, hinders, or adversely affects an
individual’s ability to perform the essential functions of his/her job with or without reasonable
accommodation.
Full-time Employee – An individual who is assigned to work a minimum forty (40) hours per week.
Immediate Family – Immediate family is defined as a spouse, parent, spouse’s parent, child,
brother, sister, grandparent, grandchild, legal guardian and equivalent step-relations.
Initial Period of Employment – A period of six (6) months for non-police personnel from the date of
their appointment and twelve (12) months for sworn police personnel from the date of the
completion of their academy training or appointment if academy training is not required, during
which an employee who is hired to fill a position, is employed on a trial or test basis.
Employees in the initial period, as well as those who have completed the initial period, are
employed at-will.
Lay-Off – Separation of an employee from a position as a result of the abolition of the position, lack
of work, or lack of funds. An individual in lay-off status, however, has no automatic right to
“reinstatement” or “rehire”.
Part-Time Employee – An individual who is assigned regular working hours of less than eight (8)
hours a day or less than forty (40) hours per week. A part-time employee is eligible for limited
benefits if he/she/ works at least twenty (20) hours per week.
Performance Evaluation – A formal evaluation system, using printed forms completed by the
evaluator (normally one’s immediate supervisor), which are rendered at least annually for each
employee to document job performance, and made a part of the employee’s personnel record.
Satisfactory performance, however, is a condition of employment throughout the year and an
employee’s performance is monitored throughout the year.
Position – Any office or employment, whether occupied or vacant; full-time, part-time, seasonal or
temporary, or volunteer, consisting of duties and responsibilities assigned to the individual by
the Town Manager and his/her designee.
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Position Description – A written narrative detailing the essential functions, responsibilities, and
minimum or desired qualifications of a position.
Promotion – Assignment of an employee from one position to another, which has a higher maximum
rate of pay.
Reinstatement – Re-appointment, after separation, of a former employee to his/her/ former position
or one of a similar nature.
Residency – Certain employees per Town Code are required to reside within the Town limits, within
Warren County, or within a set distance from the Town.
Retirement – A voluntary separation from active service where the employee generally qualifies for
the payment of benefits from the Virginia Retirement System or may qualify to remain eligible
for other Town benefits at the employee’s sole expense.
Separation – Vacating a position, either through resignation, lay-off, termination, disability, or death.
Suspension – An enforced leave of absence, with or without pay and benefits, for disciplinary
purposes or pending investigation of, among other things, charges made against an employee.
Temporary or Seasonal Employee – Anyone employed for a specific period (such as summer) or for
a specified purpose (to replace a sick employee) is considered a temporary or seasonal
employee. A temporary or seasonal employee shall be limited to working an average of forty
(40) hours per week. A temporary or seasonal employee is not eligible to receive any fringe
benefits. A temporary or seasonal employee can be either full or part-time and is employed at-
will during the period of the project or the time specified.
Termination – Involuntary dismissal/separation from Town employment.
Town – Town of Front Royal, Virginia. A municipal corporation and a political subdivision of the
Commonwealth of Virginia. Where appropriate to the context, the term “Town” may also refer
the to the Town Council of the Town of Front Royal, the Town Manager of the Town of Front
Royal, or to a supervisor or manager of an employee, or independent contractor of the Town of
Front Royal
Transfer – Re-assignment of an employee from one position to another in the same pay grade.
Unsatisfactory Service – Performance of assigned duties and responsibilities that falls below the
accepted standards as to, among other things, work habits, attitudes, and personal conduct.
Volunteer – An employee of the Town that receives no pay or benefits to complete tasks and provide
services to the Town.
