TABLE O
ARTICLE
II
ADMINISTRATION OF THE PLAN
ARTICLE
III
SCOPE
ARTICLE
IV
EMPLOYEE DEFINITIONS
ARTICLE
V
APPOINTMENTS AND PROBATION
ARTICLE
VI
POSITION DESCRIPTION
ARTICLE
VII
MEDICAL PHYSICAL EXAMINATION
ARTICLE
VIII
ANNIVERSARY DATE
ARTICLE
IX
WAGE/SALARY SCHEDULE
ARTICLE
X
WORK HOURS
ARTICLE
XI
OVERTIME
ARTICLE
XII
HOLIDAYS
ARTICLE
XIII
EARNED TIME
ARTICLE
XIV
MATERNITY LEAVE
ARTICLE
XV
BEREAVEMENT LEAVE
ARTICLE
XVI
WORKER’S COMPENSATION
ARTICLE
XVII
LIFE INSURANCE
ARTICLE
XVIII
DISABILITY INSURANCE
ARTICLE
XIX
HEALTH/MEDICAL INSURANCE
ARTICLE XX STAFF DEVELOPMENT
ACADEMIC
REIMBURSEMENT
ARTICLE
XXI
RETIREMENT
ARTICLE
XXII
PERFORMANCE EVALUATION
ARTICLE
XXIII
REIMBURSEMENT OF EXPENSES
ARTICLE
XXIV
GRIEVANCE PROCEDURES
ARTICLE
XXV
CAUSES FOR DISCIPLINE
ARTICLE
XXVI
LAYOFF/RECALL
ARTICLE
XXVII
ABSENCE WITHOUT LEAVE
ARTICLE
XXVIII
RESIGNATION
ARTICLE
XXIX
AUTHORIZED LEAVE
ARTICLE
XXX
MILITARY/RESERVE
ARTICLE
XXXI
ACCESS TO PERSONNEL RECORDS
ARTICLE XXXII POLITICAL ACTIVITY
ARTICLE
XXXIII
GIFTS/GRATUITIES/FAVORS
ARTICLE
XXXIV
ETHICS
ARTICLE
XXXV
FLMA POLICY
ARTICLE
XXXVI
SEVERABILITY
ARTICLE
XXXVII
CHANGES
ARTICLE
XXXVIII
EFFECTIVE DATE
PERSONNEL
POLICY:
FOREWORD:
The Nesmith
Library is an Equal Opportunity Employer, and shall not discriminate against any
applicant or employee for reasons of race, religion, color, sex, age, national
origin, marital status, sexual orientation, or physical/mental disability.
ARTICLE
I: PURPOSE:
1)
This
document establishes the policies, which comprise the Nesmith Library personnel
policy, as adopted by the Library Board of Trustees, with the intent of
providing a uniform basis for administration of established policies.
ARTICLE
II: ADMINISTRATION OF THE PLAN:
1)
It
shall be the responsibility of the Library Board of Trustees to establish the
policies, which comprise the plan.
2)
The
Library Board of Trustees or their designee shall be responsible for the overall
administration of the plan.
3)
The
Library Director shall be responsible for adherence to this plan within the
Nesmith Library. The Library
Director may adopt rules and regulations not inconsistent with the policies
established in this plan. Library
policies shall become effective only upon approval of the Library Board of
Trustees or the Board of Selectman where noted in this policy.
4)
The
Library Board of Trustees may from time to time amend these policies in
accordance with the procedures established in Article XXXVII: Changes.
ARTICLE
III: SCOPE:
1)
The
provisions of this plan shall apply to the various classes of library employees
as follows:
A.
All
full-time employees of the Library together with those persons
appointed to full-time
positions who are currently on probationary status shall be
covered by and shall participate in all parts of this policy.
B.
Part-time
employees, together with those persons appointed to fill part-time positions who
are on probationary status shall be covered to the same extent as full-time
employees, except that such part-time employees shall not be entitled to the
benefits of Article XIII (Earned Time), Article XVII (Life Insurance), Article
XVIII (Disability Insurance), Article XIX (Health/Dental Insurance), and Article
XXI (Retirement Benefits). In
Sections other than those excepted above, reference to "full-time
employees" shall include " part-time employees" if the context
allows.
C.
All
employees of any type are subject to the provisions of Article V
(Appointments and Probation), Article VII (Medical Physical
Examinations), Article VIII (Anniversary Date), Article IX (Wage/Salary
Schedule), Article X (Work Hours), Article XI (Overtime), Article XV
(Bereavement Leave), Article XVI (Worker's Compensation), Article XXII
(Performance Evaluation), Article XXIV (Grievance Procedure), Article XXV
(Causes for Discipline), Article XXVI (Layoff/Recall), Article XXVII (Absence
Without Leave), Article XXVIII
(Resignation), Article XXIX (Authorized Leave), Article XXXI (Access to
Personnel Records), Article XXXIII (Gifts/Gratuities/Favors), and Article XXXIV
(Ethics).
D.
Unless
the context indicates to the contrary, where the term
"employees" is used, it will include all categories of employees
set forth in Article IV (Employee Definitions) below.
E.
Notwithstanding
any of the above employee classifications, under specific circumstances, an
employee(s) may, with prior approval from the Library Board of Trustees, be
entitled to receive benefits not allowed by specific provisions of this plan,
provided the costs for such benefits are borne by a source other than the library,
town or the individual employee(s).
2)
Employee
benefits as outlined in this policy shall be made available from the date the
employee is hired, except for Health Insurance, Life and Disability Insurance,
and Dental Insurance benefits, which shall be made available from the first day
of the next month after hire.
3)
The
contents of this plan shall not apply in those areas that are found to conflict
with Federal or State statutes.
4)
This
plan supersedes all previous plans and invalidates all inconsistent provisions
of previous Library Board of Trustee's directives, personnel plans or other
personnel documents.
ARTICLE IV: EMPLOYEE DEFINITIONS:
1)
Employees
shall be defined as listed below. When
appointed, employees shall be made aware of their status.
A.
“Probationary” -
The status an employee is placed in upon appointment and remains in until
removed by an official vote of the Library Board of Trustees.
B.
“Full Time” -
Employees who have successfully completed a probationary period and who are
assigned to a regular workweek of at least thirty-five (35) hours. (Hours
increased by the Board of Trustees September 6, 2002)
C.
“Part Time” -
Employees who have successfully completed a probationary period and are assigned
to a regular workweek of less than thirty-five (35) hours.
D.
“Temporary” - Employees who are employed for a
predetermined length of time.
2)
EMPLOYEE CLASSIFICATION:
A. All
employees are classified as either exempt or nonexempt employees:
1. Exempt: Salaried
management, professional, and administrative employees do not receive overtime
pay. Work in excess of regular
workweek is implicit for exempt personnel without additional compensation.
2.
Nonexempt:
Hourly employees who receive overtime pay for hours worked in excess of
forty (40) hours.
B. An
employee's exempt or nonexempt status is determined by his or her
responsibilities, duties, educational qualifications, and salary.
Classification of employees with regard to eligibility for overtime pay
is done in accordance with the criteria set forth in the rules and regulations
of the Fair Labor Standards Act (FLSA).
3)
RETIREMENT
CLASSIFICATION:
A. Group I –
All eligible library employees are classified by the State Retirement System as
Group I.
ARTICLE V: APPOINTMENTS AND PROBATION:
1)
The
Library Director shall have the right to reject any application for valid
medical or mental reasons, for poor work record, making a false statement in
application, or any other just reasons of unsuitability for the position
applied.
2)
All
appointments shall be made by the Library Board of Trustees and shall be subject
to a probationary period of one (1) year. During the probationary period the employee’s performance
shall be subject to close review and at least semi-annual evaluations to
determine competence for that position. The
Library Board of Trustees may extend a probationary period.
The Library Board of Trustees may place an
employee in a probationary status, if evaluations show a continuing
problem.
3)
In
hiring of new employees to fill positions of Library Director, or other
positions involving specialized training and skill, the Library Board of
Trustees may, as a hiring incentive, offer to said employee benefits which said
employee would not otherwise be entitled without previously having been in the
employ of the Nesmith Library for a period of time. The Board shall specify by vote, which benefits hereunder
will be subject to such special treatment, and how long such special benefits
shall continue.
4)
Performance
evaluations as specified in Article XXII (Performance Evaluation) shall be done
on each individual employee. Such
evaluations shall be considered in such matters as promotions, termination, and
salary adjustments.
5)
The
probationary period may be waived in cases of movement within the Library or the
Town organization, where an employee assumes duties and responsibilities that
are substantially similar to a previously held Library or Town position.
6)
The
Library may hire a relative of an employee provided the individual possesses the
usual qualifications for employment. The
newly hired employee will not be given work assignments which require one
relative to direct, review or process the work of another, or which permit one
relative to have access to the personnel records of the other.
If one employee marries another, both may retain their positions if they
are not under the direct or indirect supervision of the other, and neither
occupies a position which has influence over the other's employment, promotion,
salary, administration, and other related management or personnel
considerations.
7)
Once
an applicant has been extended an offer of employment, a criminal background
check will be conducted and the applicant will be required to undergo a medical
physical examination as outlined in Article VII (Medical Physical Examinations).
The applicant will be required to pass both these requirements prior to
being formally hired by the Library. These
examinations will be at no cost to the employee.
Additional tests may be required from time to time by the Board.
ARTICLE VI: POSITION DESCRIPTION:
1)
A
description will be prepared for each position which will generally outline the
position's duties and responsibilities and the prerequisite knowledge, skills
and abilities.
2)
All
position descriptions shall be retained in the Library Director’s office and
shall be available for review.
ARTICLE
VII: MEDICAL PHYSICAL EXAMINATIONS:
1)
Prior to appointment, the
potential employee shall take a medical physical examination, which shall be
designed to determine the potential employee's physical suitability for
employment for the job position sought.
2)
Examinations
may be required of employees who are transferred, or promoted to positions
within the Library's work force.
3)
Examinations
outlined in this article may be administered by professionals or clinics
selected by the Library, at no cost to the applicant/employee.
ARTICLE VIII: ANNIVERSARY DATE:
1)
The
employee's anniversary date is defined as the date of appointment to Library
service or the date of appointment to a full time position.
The salary review date is the date the employee is normally eligible for
consideration of a salary/wage increase.
2)
The
employee’s salary review date shall be redefined when an employee moves to a
new salary/wage scale level. It
shall then become the date of the appointment to the new level.
3)
The
employee’s anniversary date shall be redefined when an employee moves from a
part time to a full time position. It
shall then become the date of the appointment to the full time position.
4)
Anniversary
dates shall be considered when determining time in service and vacation leave.
ARTICLE IX: WAGE/SALARY SCHEDULES:
1)
Wage/Salary
schedules for employees are available in the Library Director’s office.
2)
Employees
may be eligible to advance through the steps of their pay range based on
performance and upon the recommendation of the Library Director.
The Library Board of Trustees shall approve step increases based on
satisfactory evaluations.
3)
It
shall be the responsibility of the Library Board of Trustees with the assistance
of the Library Director to determine on a regular basis if the wage/salary
schedules are appropriate, and make changes as warranted.
ARTICLE X: WORK HOURS:
1)
The
Library Director or his/her designee shall be responsible for setting the work
hours and schedules for personnel. The
Library Director shall have the authority to change and/or alter the work hours
and schedules as deemed necessary for the good of the Library.
The Library
shall utilize the Town of Windham pay period (a weekly pay period consisting of
seven (7) days, beginning at 8:00 a.m., Wednesday morning and ending 7:00 a.m.
Wednesday morning, one (1) week later). This section is established under the Town of Windham Personnel Policy
WIN 1:00:01:86 and is subject to change by action by the Board of Selectmen.
ARTICLE XI: OVERTIME:
1)
Overtime
pay for Library employees shall be calculated at the rate of time and one half
the normal hourly rate of pay, based on a forty (40) hour work week.
Overtime pay as outlined will be paid for any time worked in excess of
forty (40) hours per week.
2)
Overtime
pay for Library employees who work less than forty (40) hours per week shall be
calculated at the regular hourly rate, up to forty (40) hours per week.
Hours worked in excess of forty (40) hours per week will be paid as
outlined in section one above.
3)
Bereavement
leave, Earned Time leave and absence while out of work due to a Worker’s
Compensation claim shall be considered time worked for the purpose of this
section.
4)
At
the discretion of the Library Director, compensatory time may be allowed in lieu
of actual pay for overtime, provided however the total accumulation of
compensatory time is not more than forty (40) hours at any given time.
Compensatory time will be earned on the same basis as Article XI
(Overtime), Sections 1 and 2.
ARTICLE XII: HOLIDAYS:
1) There shall be twelve (12) holidays per year, designated as:
New Year's Day Independence Day Thanksgiving Day Eve*
Martin Luther King/Civil Rights Day Labor Day Thanksgiving Day
Presidents’ Day Columbus Day Day after Thanksgiving
Memorial Day Veterans’ Day Christmas
*The Library shall remain open until 12 noon on Thanksgiving Day Eve. The holiday period will begin after noon.
2)
Employees
who are normally assigned a shift that works during a holiday will receive
compensation at the rate of double time the regular hourly rate of pay for time
worked during the holiday (maximum of eight (8) hours), in addition to the
normal pay for that period.
3)
For
the purpose of this section pro-rata compensation shall be the normal hours per
week worked divided by five.
4)
The
Library Director may allow substitute days off in the form of compensatory time
in lieu of holiday pay.
5)
Holiday
pay benefits as outlined above shall be computed for the holiday date observed
by the Nesmith Library.
6)
In
order for an employee to receive holiday pay benefits as outlined in sub-section
2 above, said employee must work his or her regular scheduled shifts preceding
and following a holiday.
Article XII amended and approved by the Board of Trustees 01/09/07
ARTICLE XIII: EARNED TIME:
Earned Time is established under the Town of Windham Personnel Policy WIN
1:00:01:86.
1)
Earned
Time is an alternative approach to the traditional manner of covering absence
for vacation; personal leave days, and sick leave. Instead of dividing benefits into a specific number of days
for each benefit, Earned Time puts these days together into a single benefit.
Earned Time days can be used for a variety of purposes, including a
payment in cash at the time of voluntary termination.
Earned Time is available as soon as it is "earned".
The exact number of Earned Time days available each year will depend on
the years of service to the Town and/or the Library.
2a) COVERAGE:
The Library Director if employed in a position of at least seventy-five
(75) percent time is covered by Earned Time.
The accrual rates are as follows:
Years
of Days
Accrued Hrs. Accrued Hrs. Accrued
Annual
Service
Per Hour
Per Hour
Per Year
Days
0
thru 5
.0120
.0962
200
25
5
thru 10
.0144
.1152
240 30
10
thru 19
.0168
.1346
280
35
After
19
.0192
.1538
320
40
Note:
The above table is based on a forty hour per week schedule and is
prorated for those employees working less than forty hours per week.
For purposes for calculating individuals actual accruals, the “Hrs
Accrued Per Hour” column shall be used as a factor.
2b) Other employees scheduled for at least 30
hours per week shall receive the following:
Years
of Days
Accrued Hrs. Accrued Hrs. Accrued
Annual
Service
Per Hour
Per Hour
Per Year
Days
0
thru 5
.0096
.0769
160
20
5
thru 10
.0120
.0962
200 25
10
thru 19
.0144
.1152
240
30
After
19 .0168
.1346
280
35
Note:
The above table is based on a forty hour per week schedule and is
prorated for those employees working less than forty hours per week.
For purposes for calculating individuals actual accruals, the “Hrs
Accrued Per Hour” column shall be used as a factor.
Probationary
Employees: For purposes of accrual of Earned Time, covered probationary
employees shall accrue Earned Time on a prorated basis using per hour accrual
rates.
3)
For
purposes of this policy, years of service will be calculated in a manner
identical to that used for purposes of Seniority. Employees accumulate Earned Time based on regularly
scheduled hours worked or in pay status up to those hours budgeted for the
position (other non-status hours worked and supplemental compensation such as
overtime are excluded) and on years of service to the Town and/or the Library.
4)
Termination
and Restoration of Service Credit: An employee whose break in service from the
Library is less than one (1) year will have his/her service bridged for purposes
of computing Earned Time accrual. For
breaks of more than one (1), year an individual will earn one (1) year's credit
for each year of employment after return, until the total past credit is
accrued. After five (5) years of
employment following return to work, credit for all previous service will be
given.
5)
USAGE:
A.
Earned
days may be used any time after being earned, including during an employee’s
probationary period. It is expected
that the employee and his/her supervisor, prior to the date of absence, will
mutually agree upon all planned absences.
B.
Earned
days may be used in units of one-half or more hours.
C.
Minimum
Usage: There is a minimum usage of Earned Days required each year.
See schedule to follow:
Years of
Minimum
Usage
Service
Per Year*
0
thru 5 years
10 days
5
thru 10 years
12 days
10 thru 19 years
15 days
After
19 years
17 days
*Computation
of minimum usage will be calculated from January 1 to December 31 annually.
In calendar years where an employee’s rate of accrual changes, the
minimum usage for that calendar year will equal one-half of the hours accrued in
that year. The Library and/or the
Town on or before November 1 of each year will notify in writing each employee
of the remaining amount of Earned Time that must be used by December 31 pursuant
to the minimum usage in Article XIII (Earned Time); section 5 (c).
If
the Library or the Town delays this notification until after November 1, the
deadline for the minimum usage will be delayed beyond December 31 by the
equivalent number of days.
D.
Earned
days may be taken to cover absence for any reason, including illness, vacation,
funeral, dentist or doctor visits, as long as the total number of days taken
meets or exceeds the minimum required usage as indicated.
E.
Days
converted into the Sick Leave Pool do not count towards minimum usage.
F..
Earned
Time benefits accrue only during the initial three (3) weeks
(15 working days) of Sick Leave Pool usage.
Each separate use of the Sick Leave Pool, however, provides for the
continuing earning ability.
6)
SICK
LEAVE POOL: The Sick Leave Pool is intended to provide security by allowing
employees to "buy" insurance for extended illness, or other
disability. When "buying"
Pool days, employees convert Earned Days on a 1 to 3 basis.
Similar to purchasing insurance, the employee may pick a given number of
days to exchange in case of extended disability.
A.
Pool
days are available for use only under the conditions listed below, and are not
eligible for use at retirement or termination.
1.
Use
of Pool days may begin on the sixth consecutive workday absence due to illness,
injury, or other disability.
2.
Physician’s
report must accompany the request to use Pool days.
3.
It
is not necessary to use up all Earned Days before using Pool Days.
4.
The
employee may continue using Pool days until his/her Pool is exhausted, or until
no longer disabled.
5.
Periodic
doctor's reports may be required.
6.
The
maximum Pool day accrual is 150 days (i.e., the maximum conversion of Earned
days is 50, which would convert to 150 Pool days). If Pool days are used, or if an employee wishes to add to
his/her Pool days, more Earned days may be added each July (to a total of 150).
Earned Time days may not be converted to Pool days at any other time.
7)
TERMINATION:
Earned Time up to a maximum of one hundred (100) days will be paid at the
time of termination or retirement if the termination occurs under normal
circumstances and does not involve an act which demonstrates unfitness for
continued employment in the Library such as theft or immoral conduct.
For those employees who have over one hundred (100) days as of January
28, 1998, their maximum days paid out shall be up to the amount they have as of
January 28, 1998. However, since a
notice period of two (2) weeks is considered to be appropriate and normal for
any employee termination, in cases where such notice is not given, a pro-rated
payment for Earned Time accrual, based on the notice given, will be made. The Library Board of Trustees may grant exceptions to such
notice requirements. Employees may
leave Earned Time earnings intact, pending recall, if the nature of their
absence from employment is lay-off.
A.
Earned
Time is paid at the same base pay rate at time of termination.
8)
Earned
Time will be scheduled at the convenience of the Library.
A seniority list will be maintained and used by the Library Director for
the purpose of scheduling Earned Time.
9)
At
no time shall there be more than twenty-five (25) percent of the personnel of
the Library on Earned Time leave at the same time, unless the Library Director
has granted express permission.
10)
If,
in the opinion of the Library Director, an emergency exists, or is believed to
be imminent, the Library Director shall have the authority to cancel Earned Time
leaves and/or call personnel back from Earned Time leave should such action be
deemed necessary to control said emergency.
ARTICLE XIV: MATERNITY LEAVE:
Maternity Leave is established under the Town of Windham Personnel Policy WIN 1:00:01:86.
1)
Employees
shall notify the Library Director upon learning of a pregnancy.
Employees shall be permitted to continue working with the written
permission of the attending physician.
2)
Employees
out on maternity leave shall be entitled to use accrued Earned Time and vacation
time as needed. Unemployment and
disability benefits may also be made available.
3)
Employees
out on maternity leave shall be permitted to return to work upon written
permission from the attending physician.
4)
Employees
shall be entitled to the benefits of the Town's FMLA policy (see town policy
#WIN 1:00:02:97).
5)
In
special cases, the Library Board of Trustees may extend the provisions of this
section if it is deemed in the best interest of the Library and of the employee.
ARTICLE XV: BEREAVEMENT LEAVE:
Bereavement
Leave is
established under the Town of Windham Personnel Policy WIN 1:00:01:86.
1)
In
case of a death in an employee's immediate family, an eligible employee may be
granted leave of absence with pay for the work days falling between the time of
death and the day of the funeral, not to exceed three (3) days.
In special cases, the Library Director may grant additional leave of
absence if it is deemed to be in the best interest of the employee and the
Library.
2)
"Immediate Family" is
defined as the spouse, child, step-child, foster child, brother, sister, parent,
grandparent, grandparent-in-law, grandchild, parent-in-law, daughter-in-law,
son-in-law, brother-in-law, sister-in-law, or any relative residing in the same
household as the employee.
3)
The
Library Director may, at his/her discretion, grant up to three (3) days leave in
special circumstances (e.g. death of a stepparent who served as parent in locas).
ARTICLE XVI: WORKER'S COMPENSATION:
Worker’s
Compensation
is established under the Town of Windham
Personnel Policy WIN 1:00:01:86.
1)
The
Town of Windham shall purchase and pay the premiums for New Hampshire Workman's
Compensation, the benefits of which will be available to all employees,
regardless of their classification.
2)
Employees
must report all injuries received while on duty to the Library Director or
immediate supervisor as soon as possible after an occurrence and be responsible
for filing form 8WC which can be obtained from the Library Director.
3)
The
Library, Town and/or its Worker’s Compensation carrier, retains the right to
request updated medical information during the disability.
If a medical exam is requested, the Library, Town or carrier shall use a
qualified doctor.
4)
A
Worker’s Compensation claim which results in lost time must be supported by a
doctor’s statement outlining the nature of the disability and if possible the
length of the disability.
5)
Employee
utilizing Worker’s Compensation Benefits shall advise the Library Director
immediately upon receiving a medical clearance to return to work in a light duty
capacity.
6)
Prior
to returning to work, the employee shall provide a doctor’s statement clearing
the employee’s return to his/her duties.
7)
An
employee out on Worker's Compensation from the Town of Windham or Nesmith
Library may not perform work for another employer.
8)
In
the event that an employee fails to sign over to the Library and/or Town any
Worker’s Compensation check(s) due to the Library and/or Town under this
Article, the Library and/or Town shall have no further obligation to pay the
employee hereunder, unless and until the employee fulfills his/her obligation by
signing over said checks to the Library and/or Town.
9)
While
on Worker’s Compensation leave, employees shall continue to accumulate
seniority and will remain eligible for full benefits, up to a maximum of
fifty-two (52) weeks.
10)
All
employees who are injured or incur a job related illness while in the
performance of their duties shall receive 100% of his/her normal base pay
(normal budgeted pay less normal deductions, not including overtime) while on
injury leave.
11)
The
first several weeks are adjustment weeks when the employee is awaiting the
decision of the Worker’s Compensation carrier and the receipt of worker’s
compensation payments. During the
initial period, the Library and/or Town will continue to issue the employee a
check for his/her normal base pay, less all normal deductions.
12)
All
Worker’s Compensation benefits received retroactively by an employee for a
period during which the Library and/or Town was providing normal base pay in
accordance with this Article will be assigned by the employee (“sign over”
the checks) to the Library and/or Town to reimburse them in part for their
advancing of such benefits. No employee shall thus earn more on Workers’
Compensation than they would have, had they been working.
13)
Upon
acceptance by Worker’s Compensation and receipt of benefit payments, the
Library and/or Town will reimburse the employee for all Medicare, Social
Security (if applicable), and retirement deductions taken as part of the
Worker’s Compensation share of the initial payments made by the Library and/or
Town.
14)
In
the event that the Worker’s Compensation check received by the employee is
less than 100% of normal base pay, the Library and/or Town will issue a separate
check for the difference making deductions for F.I.T., Retirement, FICA and
voluntary deductions as approved by the employee, and the employee shall keep
the entire Worker’s Compensation check.
15)
In
the event that Worker’s Compensation check is greater than 100% of normal base
pay, the employee shall keep the entire check, and the Library and/or Town will
make no supplemental payment.
16)
If
an employee is denied benefits he/she must repay the Library and/or Town for all
compensation received from the Library and/or Town.
Repayment will be accomplished by charging Earned Time accumulations,
both current and future, until the overpayment has been rectified, provided,
however, that any repayment of sums due from accrued Earned Time will not be
reduced below the level where the employee cannot take at least one week of
Earned Time leave each year.
17)
Employees
out on Worker’s Compensation will remain responsible for payment of all their
weekly health insurance co-payment, health spending, and dependent care
deduction amounts. If an employee is not receiving any supplemental payment from
the Town (with or without the use of Earned Time or Pool Time), they shall make
arrangements with the payroll department to pay these deductions through the use
of cash or checks payable to the Town’s health insurance third party
administrator and the Town of Windham Expendable Health Trust.
ARTICLE XVII: LIFE INSURANCE:
Life Insurance is established under the Town of Windham
Personnel Policy WIN 1:00:01:86.
1)
The
Town of Windham shall select a carrier to provide life insurance for its
employees. The Town shall pay the
entire cost of the premium for such coverage.
Coverage shall be in an amount not less than one (1) year's salary.
With the current policy, coverage decreases by one-half (1/2) at age 70
and discontinues by age 75.
2)
A
copy of the life insurance policy shall be provided to each qualified and
covered employee.
ARTICLE XVIII: DISABILITY INSURANCE:
Disability
Insurance is
established under the Town of Windham Personnel Policy WIN 1:00:01:86.
1)
The
Town of Windham shall select a carrier to provide long term disability insurance
for its employees. The Town shall
pay the entire cost of the premium for such coverage.
2)
A
copy of the insurance policy shall be provided to each qualified and covered
employee.
3)
Earned
Time benefits including, when appropriate, Sick Leave Pool days, may be used to
supplement disability benefits, however an employee may not receive a combined
payment which exceeds one hundred percent (100%) of his/her base salary during a
period of disability.
Health/Medical
Insurance is established under the Town of Windham Personnel Policy WIN
1:00:01:86.
1)
The Town of Windham shall select a
carrier to provide health / medical insurance coverage for its employees.
The Town shall pay the cost of the monthly premium for single, two (2)
person or family coverage, except that each employee in the unit will contribute
the equivalent of 10% of the current NHMA Blue Cross / Blue Shield JY rates as
they may change from year to year. Such
contributions will be made through payroll deductions.
A.
The health / medical insurance
coverage is Plan Comp 1000 MC PD as provided by the New Hampshire Municipal
Association (NHMA). The Town will
assume the responsibility for and pay both the deductible of $1000 and
co-insurance (80%-20%) costs associated with the plan.
In the event the Town opts to implement a plan with a higher deductible,
the Town will continue to assume responsibility for both the higher deductible
and co-insurance (80%-20%) costs associated with the plan.
B.
Health / medical insurance coverage
shall be extended for employees entitled to retirement benefits upon termination
of employment with the Town. Said
coverage shall be provided at the Town’s expense as follows:
10 – 15 years of
employment - 3 months
15 – 20 years of
employment - 6 months
20 – 25 years of
employment - 9 months
Over 25 years of
employment - 12 months
C.
The Town assumes responsibility for
the costs of deductible and coinsurance amounts during the employee’s
full-time employment and through any applicable period covered by Section B
above, but will stop upon the employee’s retirement or expiration of the
applicable period. At the time of
retirement or expiration of the applicable period, the employees will be
eligible to purchase the current plan offered by the Town, but the Town will not
cover the deductible or coinsurance costs.
D.
The Town will contract with a third
party to administer the plan. The
employee will be responsible for submitting the Blue Cross Explanation of
Benefits Forms (EOB’s) to the third party who in turn will submit a check to
the employee to cover the expenses under the deductible and co-insurance portion
of the plan. The employee in turn
will either pay the provider or keep the money as a reimbursement for expenses
paid up front to the provider by the employee at the time of service.
E.
Employees who would otherwise be
eligible for Town health / medical coverage who elect health insurance coverage
under their spouse’s plan, or another comparable insurance plan will be
eligible for compensation in lieu of the Town’s health insurance plan.
Eligible employees will be compensated seventy-five dollars ($75) per
month for waiver of the benefit.
a.
To be eligible for this benefit
employees must meet the following criteria:
I.
Have and show proof of their coverage
in a comparable plan.
II.
Initially, attend informational
seminar to explain the effect of this waiver.
III.
Sign a “waiver of insurance” for
discontinuing health insurance coverage with the Town.
2)
Employees may remain on the Town’s
plan upon separation from Town or Library service in accordance with provisions
of State law in effect at the time of termination. The employee shall be responsible for payment of the premium
to the Town of Windham for coverage elected.
3)
A copy of the insurance policy will be
provided to each qualified and covered employee.
4)
Medicare benefits shall be provided
for all employees hired after April l, 1986.
Payments shall be contributed by both employer and employee in matching
amounts.
5)
The Town of Windham will purchase and
maintain a dental insurance policy for its employees and their qualified
dependents, the cost for the same to be borne by the Town.
*Article XIX amended by the Board of Selectmen March 25, 2002
Approved by the Board of Trustees September 6, 2002
ARTICLE XX: STAFF DEVELOPMENT / ACADEMIC REIMBURSEMENT**
Professional
Development:
1)
Subject to budget restrictions,
employees may request reimbursement for the cost of tuition for job-related
course(s) or workshop(s) taken at their own initiative.
2)
Employees must make the request prior
to registering for the course or workshop.
The request shall be submitted to the Library Director outlining the
institution offering the course or workshop, the course or workshop content,
cost, and benefit to the employee and the Library.
3)
The Library Director shall review the
request for final approval.
In order to receive reimbursement, the
employee must submit documentation of achieving a passing grade of
“C” or better, if a course was taken, and a receipt for the cost of
the course or workshop.
Continuing
Education or Meetings:
1)
Employees may be allowed to be absent
from duty for the purpose of attending library-related workshops, seminars,
library education modules, or professional meetings. Subject to the advance approval of the Director or the
Assistant Director, attendance may be authorized in accordance with scheduling
needs and budget. Leave may be
granted with pay for the regularly scheduled work hours for that day.
2)
Budget funds permitting, the Board may
authorize actual travel expenses at a mileage rate to conform to the Town of
Windham’s mileage allowances.
3)
Registration or tuition for attendance
at library-related workshops, seminars, library education modules, or
professional meetings may be reimbursed in full, or partially within budgetary
limitations. Employees and trustees
may be asked to seek further assistance in the form of scholarship money (if
available).
4)
Within one month after the event the
employee or trustee will give a brief oral report at a staff meeting or a board
meeting respectively, or the employee or trustee may prepare a brief written
report to the director or board chair respectively.
Professional
Associations:
1)
The Library recognizes the value of
library professional associations and encourages employees and trustees to
participate in them, especially the New Hampshire Library Association, the New
Hampshire Library Trustee Association, the New England Library Association, and
the American Library Association. Attendance
at their conferences is to be encouraged. Within
reason and subject to the scheduling needs of the library, the Director or the
Assistant Director may permit attendance on library time.
Leave may be granted with pay for the regularly scheduled work hours for
that day.
2)
Volunteer work as an officer or
committee member on behalf of a professional association is encouraged, but it
is secondary to the employee’s responsibilities to this library.
Employees nominated or appointed to position, which would require
significant time away from the library, should discuss the matter with the
Director (or the Board of Trustees) in advance.
Leave may be granted with pay for the regularly scheduled work hours for
that day.
3)
Budget funds permitting, the Board may
authorize actual travel expenses at a mileage rate to conform to the Town of
Windham’s mileage allowances.
4)
The Library will further support
membership by paying for basic dues in the Merri-Hill-Rock Library Cooperative,
New Hampshire Library Association, the New Hampshire Library Trustees
Association, the New England Library Association, and the American Library
Association. Section or division
dues are the responsibility of the employee or trustee.
a. MHR: annual institutional membership
b.
NHLA: all “Full Time” and “Part Time” library employees and
library trustees
c.
NHLTA: all library trustees and the director
d.
NELA: director, assistant director, and department heads
e.
ALA:
director and assistant director
5)
Registration and within reason other
expenses for attendance at professional conventions and/or conferences may be
reimbursed in full, or partially within budgetary limitations.
Employees and trustees may be asked to seek further assistance in the
form of scholarship money, or pay out of pocket.
Tuition
Reimbursement:
1)
Subject to budget restrictions,
full-time employees may request reimbursement for the cost of tuition for an
undergraduate or graduate-level library and information science and/or studies
course taken at their own initiative.
2)
Full-time employees must make the
request prior to registering for an undergraduate or graduate-level library
course and/or, enrolling in an ALA-accredited graduate library program.
The request shall be submitted to the Director outlining the institution
offering the library course and/or program, the content, cost, and benefit to
the employee and the Library.
3)
The Director shall review the request
before presenting it to the Library Board of Trustees for approval.
4)
Approval will be considered on the
basis of relevancy of the under-graduate or graduate-level library course,
and/or the accreditation status of the graduate library program, the number of
employees applying, and the availability of funds.
5)
If the course(s) is/are paid for in
whole or in part through a Federal or State program, scholarship, or other
means, the Library shall not be responsible to reimburse an employee for the
amount so received. It is the
intent of this provision to eliminate double payment.
6)
In addition, the Library will not
grant leave with pay, or pay for mileage and/or telecommunications charges for
Internet access.
7)
In order to receive reimbursement the
employee must submit documentation of achieving a passing grade of “B” or
better, if a course was taken, and a receipt for the cost of the course.
The Library will pay 50% of the
tuition fee for undergraduate or graduate-level library courses at
the discretion of the Library Director in consultation with the Board of
Trustees. (Amended April 8, 2003)
8) As part of the tuition reimbursement application form, he/she agrees to repayment of the tuition if he/she leaves the Nesmith Library before 18 months from payment of the reimbursement. In this situation, Nesmith Library reserves the right to withhold tuition reimbursement repayment from than employee's last paycheck(s). (Approved by the Board of Trustees February 14, 2006)
9)
This policy is not applicable to
“Part Time,” “Probationary” or “Temporary” employees.
** New Article XX prepared by the
Personnel Committee
Approved by the Board of Trustees September 6, 2002
ARTICLE XXI: RETIREMENT:
1)
The
Town shall maintain membership for those library employees who qualify for New
Hampshire Group I Retirement benefits, and make appropriate contributions as
required by the State.
2)
A
supplemental retirement benefit through an independent source such as
Diversified Investors shall be maintained in amounts established by the Board of
Selectmen with input from the affected participants.
This
section is established under the Town of
Windham Personnel Policy WIN 1:00:01:86 and is subject to change by action by
the Board of Selectmen.
ARTICLE XXII: PERFORMANCE EVALUATION:
1)
All
employees shall be evaluated at least once annually. The purpose of the evaluation is to monitor the employee’s
performance and to provide a record of the employee’s strengths and
weaknesses.
A.
The
performance review system is designed to:
1.
Maintain
or improve each employee's job satisfaction and morale by letting him/her know
that his/her supervisor is interested in his/her job progress and personal
development.
2.
Assist
in determining and recording special talents, skills and capabilities that might
otherwise not be noticed or recognized.
3.
Provide
an opportunity for each employee to discuss job problems and interests with
his/her supervisor.
4.
Serve
as a systematic guide for supervisors in planning each employee's further
training.
5.
Assure
considered opinion of an employee's performance.
6.
Assist
in planning personnel moves and placements that will best use each employee's
capabilities.
7.
Assemble
substantiating data for use as a guide, although not necessarily the sole
governing factor, for such purposes as wage adjustments, promotions,
disciplinary actions, and reassignments.
8.
Facilitate
the establishment of future goals and objectives for the employee.
B.
Probationary
employees shall be evaluated at a minimum, by the end of six months and by the
end of eleven months during the one-year probationary period.
The Library Director shall notify the Library Board of Trustees at least
one (1) month prior to the expiration of the probationary period, to either a)
extend the probationary period; b) terminate the individual's employment; or c)
continue as a employee of the Library. The
Library Director shall provide written reasons and documentation for the
recommendation to the Board.
Should
a probationary period be extended for 30 days, the Library Director shall notify
the Library Board of Trustees at least 7 days prior to the expiration of the
extension, of his/her recommendation for continuation as a employee or
termination of employment.
Should
a probationary period be extended for more than 30 days, the Library Director
will conduct an evaluation at 30 day intervals and shall notify the Library
Board of Trustees at least 7 days prior to the expiration of the extension, of
his/her recommendation for continuation as an employee, or termination.
Commencing
with the employee's anniversary date, performance evaluations shall be conducted
at least annually.
2)
The
Library Director or his/her designee shall complete evaluations.
The Library Board of Trustees shall evaluate the Library Director.
3)
Employees
shall have the opportunity to review and comment on their evaluation.
If an employee feels that the evaluation is not accurate, the employee
must so indicate on the evaluation form. The
review process may proceed up the supervisory chain until either the employee is
satisfied or until reviewed by the Library Board of Trustees or its designee.
The decision of the Board is final and without administrative recourse.
4)
In
cases where evaluations are the basis for step increases, they shall be
completed preceding the employee's anniversary date.
5)
If
an employee receives an unsatisfactory evaluation, he/she shall be reevaluated
within six (6) months.
A subsequent unsatisfactory evaluation shall be cause for disciplinary
action.
6)
The
Library Board of Trustees has the sole authority to grant step increases.
7)
Step increases will be
effective on the employee’s anniversary date or retroactive to the anniversary
date as appropriate.
ARTICLE XXIII: REIMBURSEMENT OF EXPENSES:
Reimbursement
for lodging, travel, and meal expenses shall be allowed providing the expenses
are reasonable and in accordance with the following:
1)
LODGING:
Receipts must be presented to verify rates, duration of stay, and other
charges. Double occupancy
accommodations must be used whenever appropriate.
2)
TRAVEL:
Round trip travel by car will be compensated at the allowed federal IRS
rate. The Library Board of
Trustees will consider requests for airfare for trips greater than 200 miles.
Means of travel must be accomplished by the least expensive mode, unless
otherwise authorized by the Board.
3)
MEALS:
Any employee required to attend a seminar or conference and needs
overnight lodging will be entitled to reimbursement for the
following expenses provided
they are not included in
the registration fees:
A.
Breakfast
$5.00
B.
Lunch
7.00
C.
Dinner
15.00
D.
Per
Diem
27.00
Request
for Reimbursement Procedure:
A.
Request
must be made on a "Request for Check” form, and accompanied by all
receipts.
B.
Reimbursement
request shall be reviewed and approved by the Library Director.
ARTICLE XXIV: GRIEVANCE PROCEDURES:
1)
DEFINITION
- A grievance under this personnel code is defined as an alleged violation of
any provision of this personnel code, including alleged violations of state
and/or federal laws dealing with employment, wages, hours or working conditions.
2)
STEP
1 - Any employee who deems
him/herself aggrieved shall, within five (5) working days of the occurrence or
within five (5) working days of when the employee should have reasonably known
of the occurrence, bring such grievance to the attention of the Library
Director. In all instances the employee must specifically cite in writing the
alleged violation of a section of these rules or policies. The Library Director shall have a meeting with the aggrieved
employee and shall render a written decision within ten (10) working days of the
submission of the grievance.
3)
STEP
2 - If the employee is not
satisfied with the decision of the Library Director, the employee may, within
five (5) working days from such decision, submit the matter in writing to the
Library Board of Trustees. The
Library Board of Trustees within twenty (20) working days following receipt of
the appeal, shall issue a written decision or schedule a hearing within thirty
(30) working days following the original receipt of the appeal.
The Library Board of Trustees’ decision shall be rendered within five
(5) working days after the hearing and shall be considered final.
4)
Hearings
before the
Library Board of Trustees or its designee(s) shall use the following
procedures to insure due process to all parties:
A.
The
hearings must be at a meaningful time and held in a meaningful manner.
B.
The
party requesting the hearing must have timely notice and adequate notice
detailing the reasons for the action taken against him/her.
C.
The
party requesting the hearing must be afforded the opportunity to defend
himself/herself by confronting witnesses and by presenting his or her own
evidence and not with just written submissions.
D.
The
party requesting the hearing has no right to legal counsel, although one could
be allowed at the Library Board of Trustees’ discretion.
E.
The
Library Board of Trustees’ decision must rest solely on legal rules and
evidence presented at the hearing.
F.
The
Library Board of Trustees’ decision must state the reason for the
determination and indicate what evidence they ruled on.
G.
Members
of the Library Board of Trustees should not have participated in making the
administrative determination being reviewed.
H.
The
foregoing time limits may be extended by mutual agreement of all parties.
I.
Failure of the aggrieved to
abide by the time limits set out in this article shall result in the grievance
being deemed abandoned.
ARTICLE XXV: CAUSES FOR DISCIPLINE:
1)
Some
causes for disciplinary action are listed in the following sub-sections,
although discipline may be initiated for any other reasonable cause.
A.
The
employee has been convicted of a felony, or of a misdemeanor involving moral
turpitude.
B.
The
employee has violated any lawful official regulation or order, or failed to obey
any proper direction made and given by a superior.
C.
The
employee has been guilty of any conduct unbecoming an officer or employee of the
Library or Town, either on or off duty.
D.
The
employee has been under the influence of intoxicants or non-prescribed drugs
while on duty.
E.
The
employee is offensive in his conduct or language in public, or towards the
public, Library officials, Town officials, or employees.
F.
The
employee is incompetent or inefficient in the performance of the duties of
his/her position.
G.
The
employee is careless or negligent with moneys or other properties of the Library
or Town.
H.
The
employee has failed to pay or make reasonable provisions for the future payment
of his debts to such an extent that such failure shall be detrimental or
disruptive to Library or Town service.
I.
The
employee has induced, or has attempted to induce an officer or an employee in
the service of the Library or Town, or other person to commit an unlawful act or
to act in violation of any lawful departmental or official regulation or order.
J.
Except
as provided in Article XXXIII (Gifts/Gratuities/Favors), the employee has taken,
for personal use, from any person, any fee, gift, or other valuable item in the
course of the employee’s work or in connection with it, when such gift or
valuable item is given in the hope of, or expectation of, receiving a favor or
better treatment than that accorded other persons.
K.
The
employee has violated a provision of the Windham Code of Ethics and Standards of
Conduct.
L.
The
employee has violated the Town of Windham Safety Policy {#WIN 1:00:13:98).
Note:
At the request of an employee, the Library Board of Trustees may issue an
advisory opinion regarding the nature of an act.
Such opinions shall not be a ratification of the employee's conduct by
the Board. The opinion shall be merely to describe the Board’s
inclination given specific facts and circumstances or hypothetical facts and
circumstances.
2)
VERBAL
WARNINGS: The immediate supervisor or Library Director shall issue a verbal
warning within five (5) days of knowledge of the infraction.
The supervisor or Library Director shall notify the employee of the
nature of the infraction and will offer remedial suggestions.
3)
WRITTEN
REPRIMANDS: The Library Director shall issue a written reprimand, when
appropriate, within ten (10) days of knowledge of the infraction.
The reprimand will outline the nature of the infraction and will offer
remedial suggestions. A copy of the reprimand will be placed in the employee’s
personnel file and shall be expunged per the employee’s request, in the event
that the infraction or like infraction is not repeated within two (2) years of
the reprimand. An unexpunged
written reprimand in the employee's personnel file may be grounds for denial of
a promotion, or step increases.
4)
SUSPENSION:
The temporary employment separation of an employee for repeated inappropriate
action or inappropriate action sufficiently severe to warrant immediate
separation from employment, but not so severe as to warrant discharge.
The
Library Director may suspend an employee with or without pay for disciplinary
reasons, or cause, for a period not to exceed three (3) working days. The Library Director shall give the
affected employee a written reason for the suspension, with a copy to the
Library Board of Trustees, said action being taken within fifteen (15) days of
knowledge of the infraction. The
affected employee shall have ten (10) days in which to appeal the suspension to
the Library Board of Trustees. Such
appeal shall be in writing, directed to the Chairperson of the Library Board of
Trustees, with a copy to the Library Director.
The Board or its designee(s) shall call for a meeting with the appellant
within ten (10) working days. The
Board shall render a decision within five (5) working days, which shall be
considered final.
In
actions involving the Library Director, days of suspension must be addressed and
imposed by the Library Board of Trustees.
5)
DEMOTION:
The reassignment to a lower job classification.
A demotion may be imposed when an employee exhibits unsatisfactory
performance of duties as prescribed by the position they currently hold. A demotion is considered provided: 1. The level or degree or unsatisfactory performance does
not warrant dismissal, and 2. The
employee shows evidence of ability to perform work in a lower job
classification.
A.
Employees
may be demoted to a lower classification upon the recommendation of the Library
Director and approval of the Library Board of Trustees.
B.
Reasons
for demotion shall include the request of the employee, Library staffing needs,
performance of the employee, and the result of discipline in conjunction with
established disciplinary procedures.
C.
Upon
the request of the employee the Library Board of Trustees or its designee(s)
will meet with the employee and the Library Director within five (5) working
days of the receipt of the request and will render a decision within ten (10)
working days after the meeting which shall be considered final.
6)
TERMINATION:
The Library Director shall recommend to the Library Board of Trustees
that the employee be terminated. The
recommendation shall be made in writing, with a copy forwarded to the employee,
within twenty (20) days of knowledge of the infraction(s).
Upon the request of the employee the Library Board of Trustees or its
designee(s) will meet with the employee and the Library Director within five (5)
working days of the receipt of the request and will render a decision within ten
(10) working days after the meeting which shall be considered final.
7)
EXCEPTIONS:
The time frames outlined in the disciplinary procedures listed above may
be extended in cases where additional time is needed to adequately investigate
the infraction. The employee shall be notified of the extended time frames.
8)
The
level of discipline recommended shall be commensurate with the alleged
infraction. This is not to be
construed as limiting discipline as a result of continued infractions that have
been handled at a lesser disciplinary level.
ARTICLE XXVI: LAYOFF/RECALL:
1)
When
it is necessary to reduce the work force, layoffs will be made within the
Library on the basis of classification and seniority.
2)
In
the event that a recall is necessary, employees shall be recalled in the reverse
order of the layoff process outlined in section one above.
Said recall procedure will be used only within twelve (12) months of the
original layoff.
3)
In
the event an employee is recalled to a full-time position within the twelve
(12) month time period, seniority shall be restored and the time off
shall be considered time in service. Any
benefits paid at the time of layoff shall not be paid again. The employee shall
be placed at the step in the appropriate salary range closest to his salary at
the time of the layoff.
ARTICLE XXVII: ABSENCE WITHOUT LEAVE:
Any absence of an employee from duty, including any
absence for a single day, or part of any day, that is not authorized by a
specific grant or leave of absence under the provisions of this manual, will be
deemed to be an absence without leave. Any
such absence shall be without pay and may be subject to disciplinary action.
In the absence of such disciplinary action, any employee who absents
himself for three (3) consecutive days without leave shall be deemed to have
resigned. Such action may be
reconciled by a subsequent grant of leave if the conditions warrant.
ARTICLE XXVIII: RESIGNATION:
Whenever
possible, employees shall give ample notice of intent to resign or retire to
allow the placement and training of a replacement.
ARTICLE XXIX: AUTHORIZED LEAVE:
1)
Employees
may, with the approval of the Library Board of Trustees, be granted a leave of
absence without pay. The granting
of such leave shall protect the employee's existing continuous service for the
leave period. A leave of absence
will not be granted to permit employment elsewhere.
Authorized leaves of absence with protected seniority shall not be
permitted for periods in excess of thirty (30) days, except in unusual and
deserving cases.
2)
Authorized
leave shall not be granted until all the employee’s Earned Time has been
exhausted, and, if leave without pay is granted on account of sickness, until
all of their pool time has also been exhausted. No Earned Time may be accumulated during a leave of absence
without pay.
3)
An
employee shall be given time off without loss of pay or annual benefit accruals
when performing jury duty. If
called to jury duty, the employee shall be paid their regular pay and shall sign
over to the town any compensation received for their jury service, exclusive of
mileage.
4)
Employee
benefits such as health insurance and retirement may be continued at the expense
of the employee for the period(s) specified by these rules and/or federal or
state law. Employees shall not be
entitled to any other benefits while on a leave without pay.
5)
An
employee who accepts full-time employment from another employer while on leave
without pay shall be deemed to have voluntarily severed the employer/employee
relationship with the Library.
ARTICLE XXX: MILITARY/RESERVE:
Full-time
employees who are members of the organized United States military reserve or
guard and who are required to perform field duty will be granted reserve service
leave in addition to Earned Time, as may be required by the appropriate military
command. The employee shall provide
appropriate documentation.
For each
such period of reserve service, the employee will be paid the difference between
service pay and the employee's regular compensation, for up to a maximum of 10
work days per calendar year. The
Library Board of Trustees may extend the maximum number of days if deemed to be
in the best interest of the Library and the employee.
ARTICLE XXXI: ACCESS TO PERSONNEL RECORDS:
In
conformity with NH RSA 275:56, employees shall have a reasonable opportunity to
inspect their personnel files and, upon request, to obtain a copy of all or part
of the file. The Employer reserves
the right to charge a reasonable fee for the costs associated for all copies
made at the employee's request.
If an
employee disagrees with any information in the personnel file and the Library
refuses to remove or correct such information, the employee may submit a written
statement to the Library Director explaining the disagreement together with
evidence supporting the employee's version.
Such statement shall be maintained as part of the employee's personnel
file and shall be included in any transmittal to a third party and shall be
included in any disclosure of the contested information made to a third party.
ARTICLE XXXII: POLITICAL ACTIVITY:
Nothing in these rules is to be construed to prevent any
employee from seeking out or continuing to be a member of a political
organization or from attendance at a political meeting, or having freedom from
interference in casting his/her vote.
However, no
employee of the Library or the Town shall be required to take an active part in,
or make a contribution or donation to any Town of Windham political campaign, or
serve as a member of a committee of such club or organization, or act as a
worker at the polls for a candidate for Town of Windham municipal office, or
distribute badges or pamphlets, or handbills of any kind favoring or opposing
any candidate for election or nomination to municipal office.
Employees, acting in the employee capacity, who participate in a Town political campaign or organization shall not use any Town facilities, equipment, funds or position to further the participation or activity.
ARTICLE XXXIII: GIFTS/GRATUITIES/FAVORS:
1)
Employees
and contract personnel of the Library and/or the Town are prohibited from
accepting, soliciting or taking any gratuity, favor or entertainment, loan,
property (personal or real), or any other item of monetary value from any person
whose interest may be affected by the employee's or contractor's performance or
non-performance of duties, except as allowed in Section 2 below.
2)
Acceptance
of gifts of negligible commercial and/or monetary value in keeping with special
occasions (marriage, retirement, etc.) and generally available to the general
public and other agency employees is permitted.
3)
Failure
to comply with the provisions of this policy or to report information regarding
the possible violation of this policy shall be grounds for immediate
disciplinary action, in the case of employees, and review of contract
continuation in the case of contractors, and may result in immediate termination
of the employee or contractor.
ARTICLE XXXIV: ETHICS:
The Town
Ethics
Policy
is
established under the Town of Windham Policy WIN 1:00:03:97.
Refer to
Town of Windham Code of Ethics Policy, #WIN 1:00:03:97.
ARTICLE XXXV: FLMA POLICY:
The Town
FLMA
Policy
is
established under the Town of Windham Policy WIN 1:00:02:97.
Refer to
Town of Windham Family and Medical Leave Policy, #WIN 1:00:02:97.
ARTICLE XXXVI: SEVERABILITY:
In the
event any article or section of an article of this personnel policy is declared
to be illegal, void, or invalid in whole or in part by a Court of competent
jurisdiction after all appeals, if any, have been exhausted, all other articles
and sections of the personnel policy shall remain in full force and effect to
the same extent as if that invalidated article or section had never been
incorporated in this personnel policy.
ARTICLE XXXVII: CHANGES:
The
Board’s Personnel Committee and the Library Director shall review these
personnel policies at least annually and make any recommendations to the Library
Board of Trustees. The Library
Director shall inform employees that changes in personnel policy have been
proposed.
Any
employee may suggest changes in the personnel policy or comment on the proposed
changes. These comments must be in
writing to the Library Board of Trustees.
The Board shall vote on the proposal(s) at a regularly scheduled meeting
of the Library Board of Trustees. Any
changes adopted by the Board shall include an effective date, and be distributed
to the personnel of the Library by the Library Director within ten (10) working
days.
ARTICLE XXXXI: EFFECTIVE DATE:
The Library Board of Trustees made these personnel
policy effective upon passage at their meeting of August 15, 2000.
Revised May 13, 2003.
Adopted by the Library Board
of Trustees:
J Gross, Chairperson
Patricia Skinner
Debra Desrosiers
Holly Eddy
Richard Koeck