PERSONNEL RULES AND REGULATIONS
Town of Signal Mountain
DEVELOPED WITH THE ASSISTANCE OF
University of Tennessee
Municipal Technical Advisory Service
The Town of Signal Mountain complies with local state, and federal laws. In the event
that there is a conflict between the contents of this manual and a state or federal
statute, the statute shall control.
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PERSONNEL RULES AND REGULATIONS
TOWN OF SIGNAL MOUNTAIN
TABLE OF CONTENTS
SECTION I - PERSONNEL POLICIES
A. Purpose and Objectives
B. Personnel Policy Statement
C. Coverage
D. Administration
SECTION II - CLASSIFICATION PLAN
A. Purpose
B. Composition of the Classification Plan
C. Use of Class Titles
D. Use of Class Specifications
E. Use of the Classification Plan
F. Administration of the Classification Plan
G. Allocation of Positions
H. Request for Reclassification
SECTION III - COMPENSATION PLAN
A. Purpose
B. Composition
C. Maintenance of the Pay Plan
D. Use of Salary Ranges
E. Hourly Rates
F. Minimum Wages
G. Paychecks
F. Standard workweek
SECTION IV- SPECIAL COMPENSATION PROCEDURES
A.
B.
C.
D.
E.
F.
Overtime Pay
Compensatory Time
On-Call Time
Call-Back
Out-Of-Rank Pay
Longevity Pay
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SECTION V - EMPLOYMENT
A. Applications
B. Recruitment by Examination
C. Types of Exams
D. Types Of Employees
E. Appointments, Promotions, Demotions, and Transfers
F. Attendance
SECTION VI – LEAVE & BENEFITS
A. Legal Holidays
B. Vacation Leave
C. Sick Leave
D. Leave Of Absence (With or without pay)
E. Family and Medical Leave
F. TN Maternity Leave
G. Military Leave
H. Jury Service Leave
I. Court Duty
J. Bereavement Leave
K. Inclement Weather Leave
L. Voting Leave
M. College Degree Bonus Pay
N. Education Reimbursements
O. Benefits
P. Workers' Compensation
Q. Death of an Employee
SECTION VII - DRUG AND ALCOHOL TESTING POLICY
SECTION VIII - SEXUAL HARASSMENT
A. General Statement of Policy
B. Definitions
C. Reporting Procedures
D. Investigation and Recommendation
E. Action
F. Reprisal
G. Non-Harassment/False Accusations
SECTION IX - MISCELLANEOUS POLICIES
A. Political Activity
B. Travel
C. Use of Town Vehicles and Equipment
D. Driving Records
E. Outside Employment
F. Nepotism
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G. Solicitation
H. Personal Communications
J. Fighting, Horseplay, Damaging Town Government Property
K. Accepting Gratuities
L. Non-Smoker Protection Act
M. Business Interest
N. Personnel Records
O. Ethics Policy
P. Computer Use and Monitoring Policy
Q. Misuse of Town Property
SECTION X - SEPARATIONS AND DISCIPLINARY ACTIONS
A. Types of Separations
B. Resignations
C. Layoff
D. Disability
E. Retirement
F. Death
G. Disciplinary Actions
H. Oral Reprimand
I. Written Reprimand
J. Suspension
K. Dismissal
SECTION XI - AMENDMENTS TO THE PERSONNEL RULES
A. Amendments
B. Severability
C. Conflicting Policies Repealed
D. Special Note
SECTION XII - DEFINITIONS
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SECTION I - PERSONNEL POLICIES
A.
PURPOSE AND OBJECTIVES
The main purpose of these policies is to establish a high degree of understanding, cooperation,
efficiency, and unity among Town government employees fostered by a systematic application
of good procedures in personnel administration. Another purpose is to provide uniform policies
for all employees with all the benefits such a program ensures, without regard to race, gender,
age, national origin, creed, ancestry, and disability.
B.
PERSONNEL POLICY STATEMENT
It is the policy of the Town of Signal Mountain to apply and foster a sound program of personnel
management. The policies of the Town government are established to:
1.
EMPLOYMENT AND PLACEMENT
a.
b.
2.
POSITION CLASSIFICATION AND PAY ADMINISTRATION
a.
b.
c.
3.
Establish and maintain job descriptions for every position with the
descriptions maintained on file with the Town Manager and department
head;
Review job descriptions periodically and systematically; and
Conduct area wage and salary surveys periodically to provide competitive
wage and salary scales.
EMPLOYEE RELATIONS AND SERVICES
a.
b.
c.
d.
e.
4.
Fill all positions without undue delay in accordance with job qualifications
and requirements without discrimination as to race, color, gender, creed,
national origin, ancestry, disability, or political affiliation; and
Establish programs for the promotion, transfer, demotion, dismissal, and
reassignment of personnel.
Develop a system of job performance standards and evaluation and
inform each employee periodically and systematically of the status of
his/her job performance.
Establish rules and standards governing employee conduct both on and
off the job.
Administer a uniform leave program.
Develop a handbook to inform employees of their responsibilities and
privileges.
Provide and maintain a safe and healthful work environment.
EMPLOYEE DEVELOPMENT AND TRAINING
a.
b.
Establish training standards and requirements for all positions.
Motivate and stimulate employees to achieve their highest potential.
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5.
RECORDS
a.
Establish and maintain comprehensive and uniform personnel records.
C. COVERAGE
These rules and regulations shall cover all employees in the Town service unless specifically
exempt by this document, the Town Charter, and/or the ordinances of the Town without regard
to race, religion, national origin, political affiliation, sex, age, or disability.
.
D.
ADMINISTRATION
These rules are administered by the Town Manager under the direction of the Town Council and
in conformity with the resolution establishing a personnel procedure. The Town of Signal
Mountain is an at will employer and nothing in the personnel rules and regulations document are
deemed to give employees any more property rights in their jobs than may already be given by
the town charter. The town reserves the right to alter or change any or all of these rules without
prior notice to employees.
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SECTION II - CLASSIFICATION PLAN
A.
PURPOSE
The classification plan provides a complete inventory of all positions in the Town and an
accurate description and specifications for each employment class. The plan standardizes titles,
each of which is indicative of a definite range of duties and responsibilities and has the same
meaning throughout the Town.
B.
COMPOSITION OF THE CLASSIFICATION PLAN
The classification plan shall consist of:
1.
2.
3.
4.
C.
A grouping of classes of positions that are approximately equal in difficulty and
responsibility that require the same general qualification, and that can be equitably
compensated within the same range of pay under similar working conditions;
Class titles descriptive of the work of the class that identifies the class;
Written specifications for each class of positions; and
Physical standards for performance of the duties of the position.
USE OF CLASS TITLES
Class titles are used in all personnel, accounting, budget appropriation, and financial records of
the Town. No person will be appointed or employed in a Town service position under a title not
included in the classification plan.
D.
USE OF CLASS SPECIFICATIONS
Specifications are interpreted in their entirety and in relation to others in the classification plan.
Particular phrases or examples are not to be isolated and treated as a full definition of the class.
Specifications are deemed to be descriptive and explanatory of the kind of work performed and
not necessarily inclusive of all duties performed.
E.
USE OF THE CLASSIFICATION PLAN
The classification plan is used:
1.
2.
3.
4.
5.
F.
As a guide in recruiting and examining candidates for employment,
In determining lines of promotion and developing employee training,
In determining salaries to be paid for various types of work,
In determining personnel costs in departmental budgets, and
In providing uniform job terminology.
ADMINISTRATION OF THE CLASSIFICATION PLAN
The Town Manager is charged with maintaining the classification plan of the Town so that it
reflects the duties performed by each employee in the service of the Town and the class to
which each position is allocated. It is the duty of the Town Manager to examine the nature of the
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position classes, periodically review the entire classification plan and recommend appropriate
changes in allocations or in the classification plan itself to the Town Council.
G.
ALLOCATION OF POSITIONS
Whenever a new position is established or duties of an old position change, department heads
will submit in writing to the Town Manager a comprehensive job description listing in detail the
duties of the position. Town Manager will investigate the actual or suggested duties and
recommend to the Town Council the appropriate class allocation or the establishment of a new
class. The Town Council will then approve or change such recommendations.
H.
REQUEST FOR RECLASSIFICATION
Any employee who considers his/her position improperly classified shall submit his/her request
to the immediate supervisor who will review with the department head the justification for the
request. If the department head finds that there is merit in the request, he/she will transmit
his/her recommendation to the Town Manager. If the department head finds the request is not
justified, he/she will advise the employee of his/her decision and the employee's option to
appeal the decision to the Town Manager.
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SECTION III - COMPENSATION PLAN
A.
PURPOSE
The pay plan is intended to provide fair compensation for all classes in the classification plan in
consideration of pay ranges for other classes, general pay rates for similar employment in
private establishments and other public jurisdictions in the area, cost of living data, the financial
condition of the Town, and other factors.
All Town government offices and positions are divided into the non-exempt and the exempt
service. The non-exempt service shall include all regular full-time, regular part-time, temporary
full-time, and temporary-part time positions in the Town's service unless specifically placed in
the exempt service. Exempt service positions include Town Manager, Department Heads and
any other positions as determined by the Town Manager subject to provisions of FLSA.
B.
COMPOSITION
The pay plan for the Town of Signal Mountain consists of minimum, maximum, and mid-range
pay rates. Due consideration will be given to responsibilities, technical knowledge, skills, job
performance, the labor market, and availability of workers having the desired qualifications.
C.
MAINTENANCE OF THE PAY PLAN
The Town Manager will, from time to time, make comparative studies of all factors affecting the
level of salary ranges and will recommend to the Town Council such changes in the salary
ranges as appear to be in order. Adjustments will be made by modifying the salary ranges.
D.
USE OF SALARY RANGES
Salary ranges are intended to furnish administrative flexibility in recognizing individual
differences among positions allocated to the same class and to provide employee incentives.
The minimum rate established for a class is the normal hiring rate except in those cases where
unusual circumstances (such as inability to fill the position at the hiring rate or exceptional
qualifications of an applicant) appear to warrant employing an individual at a higher rate in the
pay range. Any department head desiring to appoint an applicant to start at a salary above the
minimum must submit a written justification to the Town Manager for approval.
E.
HOURLY RATES
Employees paid on an hourly rate basis are paid for all time actually worked. The Town Council
will set, by resolution, all salaries paid by the Town through the compensation pay plan.
F.
MINIMUM WAGES
In accordance with the FLSA, no employee, whether full time, part time, or trial period
employee, will be paid less than the federal minimum wage unless he/she are expressly exempt
from the minimum wage requirement by FLSA regulations.
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G.
PAYCHECKS
All employees of the Town of Signal Mountain will be paid through direct deposit on a biweekly
basis. New employees will be paid by check until the direct deposit process is completed. If an
employee has questions about work time, salary, or direct deposit, he or she should call it to the
attention of the department head within the pay period in question or immediately thereafter.
1. A final paycheck will be issued to a dismissed employee at their next regularly
scheduled payroll. This may be in the form of direct deposit or a paper check
mailed to the employee’s home address.
2. The final pay for a resigning employee will be made through direct deposit on
his/her regular payday. In unusual circumstances, a department head may make
arrangements for earlier payment.
3. Employees are responsible for their payments after they have been issued.
Checks lost or otherwise missing should be reported immediately to the payroll
department so that a stop-payment order may be initiated. The Recorder will
determine if and when a new check should be issued to replace a lost or missing
check.
H.
STANDARD WORKDAY/WORKWEEK
Pursuant to the FLSA, a workweek is a regular recurring period of 168 hours consisting of seven
consecutive 24-hour periods. Generally, five days per week constitute a workweek for regular
employment. Public safety employee schedules may entail more or less days in the workweek.
As necessary, schedules will vary in departments for the smooth operation of the local
government. A standard workweek is scheduled between 8 a.m. Saturday through 8 a.m. the
following Saturday.
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SECTION IV – SPECIAL COMPENSATION PROCEDURES
A.
OVER-TIME PAY
When it becomes necessary for an employee to work overtime hours or return to duty from offduty hours because of an emergency, he/she will be paid according to the prevailing salary
schedule. When an employee is called back, he/she will receive two hours minimum pay.
Overtime work will be compensated according to the FLSA provisions at a rate of 1 1/2 times
the employee's regular rate if the employee has worked over 40 hours in the workweek.
Police officers will receive overtime pay if they have worked over 43 hours in a workweek and
Firefighters will receive overtime pay if they have worked over 204 hours in a 27-day period.
Each shift within the fire department shall be twenty-four point five (24.5) hours in length. Fire
Department employees work on a fluctuating schedule. Overtime work is generally paid with
compensatory time at a rate of 11/2 times the overtime hours worked in accordance with FLSA.
Generally, the Department Head authorizes overtime.
Subject to the provisions of FLSA, compensatory time may be given in lieu of overtime.
B.
COMPENSATORY TIME
Compensatory time is time off with pay earned by an employee when overtime hours are
worked and not compensated in cash.
1. Non-Exempt Employees
a. Accrual: Compensatory time is accrued on a weekly basis at a rate of one and
one-half times each hour for all hours worked in excess of the maximum
allowable hours.
b. Use of Compensatory Time: The use of earned compensatory time is subject to
the approval of the employee’s department head or supervisor.
c. Maximum Compensatory Time Accrual: The maximum accrual of
compensatory time is 200 hours.
C.
ON-CALL TIME
On-call service is necessary for the proper maintenance and functioning of the Town. It is the
duty and responsibility of each on-call employee to be available by beeper at all times.
Employees must be able to respond to an emergency call within 30 minutes after receiving
notice. The department head is responsible for determining which employees are designated for
on-call.
When an on-call employee is called out, he/she will receive two hours minimum pay (overtime
pay will be awarded according to FLSA provisions). Additional personnel called in by the on-call
person and authorized by the department head will not receive the on-call pay, but will be paid
overtime in accordance with the FLSA.
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The employee is not restricted from normal activities except he/she must be in compliance with
the Town’s Substance Abuse Policy (Town of Signal Mountain Policy Section VII) and have the
ability and the means to respond within 30 minutes.
D.
CALL-BACK
The Fair Labor Standards Act (FLSA) requires all employers to compensate their FLSA nonexempt employees with time and a half for all hours worked over 40 in the workweek (or other
applicable set workweek). Compensatory time includes all time in which the employee is
required to work for the local government. Generally, uninterrupted lunch periods, annual
and/or sick leave, compensatory time and any time in which the employee is not working will not
be considered working time and will not be counted toward overtime. Special overtime
provisions apply to public safety officers. The local government will compensate public safety
officers based on the provisions of the FLSA special exemption.
When it becomes necessary for an employee to work overtime hours or return to duty from offduty hours because of an emergency, regular employees, part-time employees, and temporary
employees will be paid according to the prevailing salary schedule. Overtime work will be
compensated according to the FLSA provisions at a rate of 1 1/2 times the employee's regular
rate. Overtime work may also be paid with compensatory time at a rate of 1 1/2 times the hours
worked in accordance with the FLSA. Generally, overtime is authorized by the Department
Head.
E.
OUT-OF-RANK PAY
When an employee is required by the Town government to temporarily work in a different
position with higher rank and status, the employee will be compensated at the higher rate. Outof-rank pay will only last for the duration of time spent in the higher rank position.
F.
LONGEVITY PAY
Full-time employees who have worked at least ten consecutive years with the Town are eligible
to receive longevity pay once every five years based on the following schedule:
Years of Consecutive
Service
One time Longevity
payment
10 Years
$100
15 Years
$150
20 Years
$200
25 Years
$250
30 Years
$300
35 Years
$350
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40 Years
$400
Longevity payments are made by a separate direct deposit or check and are distributed at
the end of the calendar year.
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SECTION V - EMPLOYMENT
A.
APPLICATIONS
The Town of Signal Mountain makes every effort to attract qualified applicants for
various types of positions. In so doing, the Town Manager may prepare and publish in
an officially designated newspaper a public notice of vacancies when they occur and
place notices at officially designated sites. The Town Manager may provide this notice
of vacancies in alternate media, including websites, online applications, online
newspapers, standard media ads, taped messages, radio announcements, or other
methods to ensure effective communication.
The Town does not discriminate on the basis of a person's national origin or citizenship
status with regard to recruitment, hiring, or discharge. However, the Town will not
knowingly employ any person who is or becomes an unauthorized immigrant.
In compliance with the Immigration Reform and Control Act, all employees hired after
Nov. 6, 1986, regardless of national origin, ancestry, or citizenship, must provide suitable
documentation to verify identity and employability. The documentation must be provided
before employment.
Employment applications are received at the Town Hall or through the appropriate
department and given thorough consideration by the appropriate department head.
Applications are accepted for an advertised position. The Town of Signal Mountain
exercises a policy of fairness to every person who applies for work. The Town Manager
and Department Heads are responsible for properly selecting and placing people in
various Town departments. The Town of Signal Mountain will make reasonable
accommodations in the application process to applicants with disabilities making a
request for such accommodation.
B.
RECRUITMENT BY EXAMINATION
Town Manager will make such investigations and conduct such examinations as
deemed appropriate to assess the aptitude, education and experience, knowledge and
skills, physical fitness, and other qualifications required for positions in the service of the
Town.
The Town of Signal Mountain may utilize various testing formats and resources.
Applicants should notify the Town of Signal Mountain if they have a disability that may
require an accommodation during the selection process.
Please refer to the Town’s Drug & Alcohol policy for information about pre employment
testing.
C.
TYPES OF EXAMINATIONS
The examinations held to establish eligibility and fitness for any class may consist of one
or more of the following types of examinations as determined by the Town Manager. The
Town Manager will make reasonable accommodations in the examination process to
disabled applicants requesting such accommodations.
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1. Written Test: This test, when required, includes a written demonstration
designed to show the applicant's familiarity with the knowledge involved in
the class of positions to which he/she is seeking a position.
2. Oral Test: This test, when required, includes a personal interview where the
ability to deal with others, to meet the public, and/or other personal
qualifications are to be evaluated. An oral interview may also be used in
examinations where a written test is unnecessary or impractical or as a
reasonable accommodation to someone unable to take a written test because
of a disability.
3. Performance Test: This test, when required, involves performance tests as
would aid in determining the ability and manual skills of applicants to perform
the work involved. The performance test may be given a weight in the
examination process or may be used to exclude from further consideration
applicants who:
a.
b.
c.
Cannot perform the essential functions of a specific position due to a
disability that cannot reasonably be accommodated.
Pose a direct threat to themselves or others.
Are unable to perform the essential functions of a specific position
due to a temporary condition or disability not protected by ADA.
4.
Physical Agility Test: When required, this consists of job-related tests of
body conditioning, muscular strength, agility, and physical fitness of job
applicants for a specific position. This test may be given a weight in the
examination process or may be used to exclude from further consideration
applicants who do not meet the minimum required standards.
5.
Psychological Test: When required, this includes any test to determine
mental alertness, general capability of the applicant to adjust his/her
thinking to new problems, or to ascertain special character traits and
attitudes.
6.
Personality Test: When required, a personality inventory is an assessment
tool used to determine which of these personality types a person falls into:
extroverted, introverted, thinking, feeling, sensing, intuitive, judging, and
perceptive. It is used as part of a self-assessment done for career planning
purposes
7.
Drug Testing: Pre-employment and random drug testing will be conducted
on all safety sensitive positions. Negative results on the drug test may
result in an applicant being denied employment.
With the approval of the Town Manager, all employees of the Town may be required by
their department head to undergo periodic examinations to determine their physical and
mental fitness to continue to perform the work of their positions. This periodic
examination shall be at no expense to the employee. A physician designated by the
Town Council will make a determination of physical and/or mental fitness.
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D. TYPES OF EMPLOYEES
1. Initial Period Employee: An employee who has been in a new position with
the Signal Mountain will closely assess the employee’s performance and
determine if the employee is a good fit for the Town of Signal Mountain.
2. Regular Full-time Employee: An employee who regularly works a minimum
of 40 hours per week (or 204 hours per a 27 day period for a firefighters and
43 hours for a policemen) is paid an hourly rate, is subject to all conditions of
employment, and receives all benefits offered by the Town unless specifically
excluded by the Town Charter, code, or ordinance.
3. Regular Part-time Employee: A part-time employee customarily works less
than 30 hours per week on a regular basis unless approved by a department
head on a specific and non-continuing basis.
a.
Regular part-time employees are not eligible for Town benefits
except for workers’ compensation benefits and a Christmas bonus
after five years of service.
4. Temporary Full-time Employee: An employee who works full-time, but less
than 30 hours a week, not exceeding six continuous months per term of
employment, and who is paid on a per hour basis. Temporary employees are
not subject to all the conditions of employment, but are fully capable of
performing the assigned duties and receive no benefits except coverage
under workers compensation. Individuals who are classified as temporary
employees and are then hired to fill a regular full-time position begin to
accrue benefits on the effective date of regular full-time appointment.
5. Temporary Part-time Employee: An employee who works fewer than 40
hours per week, not exceeding six continuous months per term of
employment and who is paid on a per hour basis. Part-time employees
receive no benefits except workers’ compensation benefits.
6. Volunteer Employee: A volunteer is an individual who works for the Town
for no compensation. The Town provides workers' compensation
benefits for elected officials and auxiliary police volunteers only.
7. Auxiliary Police: Reserve officers are volunteers appointed by the
Police Chief. Reserve officers receive no compensation and no other
benefits except workers' compensation benefits.
E.
APPOINTMENTS, PROMOTIONS, DEMOTIONS, AND TRANSFERS
Pursuant to the Town Charter, the Town Manager has the authority to appoint, promote,
demote, transfer, suspend, and remove all employees of the Town of Signal Mountain.
Whenever a Department Head wishes to fill a vacancy, a written request for appointment
must be submitted to the Town Manager.
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1.
Appointments: Appointments to positions with the Town government fall
into four categories. They are:
a.
b.
c.
d.
2.
Original Appointments: When a non-employee passes all the tests of
employability and is offered conditional employment.
Provisional Appointments: When the Town is unable to fill a vacancy
because of an insufficient number of applicants or lack of qualified
applicants, the Town Manager may authorize the department head to
fill the vacancy by a provisional appointment.
Emergency Appointments: The Town Manager may authorize the
appointment of any qualified person to a position to prevent a halt in
public business or loss or serious inconvenience to the public.
Emergency appointments shall be limited to a period not to exceed
60 days in any 12-month period.
Student Appointments: Students majoring in a field of value to the
Town from a qualified, cooperating educational institution may be
employed on an "internship" basis for a period not to exceed six
months. The appointment must be approved by the Town Manager.
Promotions: A promotion is assigning an employee from one position to
another that has a higher maximum pay rate, rank, and responsibility.
Vacancies in positions above the lowest rank in any category in the
classified service shall be filled as far as practical by promoting employees.
Promotions in every case must involve a definite increase in duties and
responsibilities and will not be made merely for the purpose of effecting an
increase in compensation.
When an employee in one classification is promoted to a position in
another classification and the employee's current pay rate is less than the
minimum rate for the new position, the employee's salary shall be raised to
that minimum rate if funding is available. When the employee's salary falls
above the new minimum rate, a percentage increase as determined by the
Town Manager shall be given if funding is available.
3.
Transfers: When an employee desires to transfer from one department to
another, it must be agreeable to both department heads involved and
approved by the Town Manager. Transferring an employee from one
position to another without significant change in the responsibility level
may be effective:
a.
b.
d.
e.
When the employee meets the qualification requirements for the new
position;
If it is in the best interest of the Town;
If it meets the personal needs of the employee as consistent with the
other requirements of this rule; and/or
Is a reasonable accommodation when an employee is unable, due to
a disability, to continue to perform the essential functions of the job.
An employee who transfers from one Town government department to
another will retain and carry forward all benefits earned, accrued, or both
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as of the date of transfer. As a general rule, lateral transfers require no
increase compensation.
4.
Demotions: A demotion is assigning an employee from one position to
another that has a lower maximum pay rate, rank, and responsibility. An
employee may be demoted for any of the following reasons:
a.
b.
c.
d.
e.
f.
g.
h.
i.
Because his/her position is being abolished and he/she would
otherwise be laid off;
Because his/her position is being reclassified to a higher grade, and
the employee lacks the necessary skills to successfully perform the
job;
Because there is a lack of work;
Because there is a lack of funds;
Because another employee, returning from authorized leave granted
in accordance with the rules on leave, will occupy the position to
which the employee is currently assigned;
Because the employee does not possess the necessary
qualifications to render satisfactory service to the position
he/she holds;
Because the employee voluntarily requests such a demotion, and it is
available;
As a reasonable accommodation when an employee, due to a
disability, becomes unable to perform the essential functions of the
job; and/or
As a form of disciplinary action.
When an employee in one classification is demoted to a position in a lower
classification and the employee’s current pay rate prior to demotion is
higher than the midpoint rate for the new position, the employee's salary
will be reduced to a level between the minimum and the mid-point of the
new classification rate.
The Town of Signal Mountain is an at will employer and nothing in the
personnel rules and regulations document shall be deemed to give
employees any more property rights in their jobs than may already be given
by the Town Charter. The Town reserves the right to alter or change any
or all of these rules without prior notice to employees.
F.
ATTENDANCE
Punctual and regular attendance is necessary for the Town to operate efficiently.
Employees unavoidably late or absent from work because of illness or other causes
must notify their supervisor prior to the beginning of the workday, unless unusual
circumstances prevent the employee from making proper notification. Employees must
explain the reason for the absence and, if possible, the anticipated time and date they
will return to work. Employees who are absent for three consecutive days and fail to
notify their supervisor will be deemed to have resigned employment with the Town.
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SECTION VI – BENEFITS & LEAVE POLICIES
A.
LEGAL HOLIDAYS
All offices and shops of the Town of Signal Mountain, except emergency and necessary
operations, will be closed and employees excused on the following legal holidays:
New Year's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve
Christmas
Jan. 1
Friday before Easter Sunday
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
Fourth Friday in November
Dec. 24
Dec. 25
When a legal holiday falls on Saturday, the holiday will be observed on the preceding
Friday. When a holiday falls on Sunday, it will be observed the following Monday.
Where possible, every Town employee will observe approved holidays. Part-time
employees will not be paid for holidays.
In all cases, Department Heads shall attempt to arrange working schedules to permit
time off for holidays in preference to extra pay.
In order to receive pay for an observed holiday, an employee must not have been absent
without approved leave either on the work day before or the day after the holiday.
When an employee must work on a day the Town observes as a holiday, he/she will
receive eight hours (8) for holiday pay plus straight or overtime (depending on the total
number of hours worked in the workweek). Twenty-four hour shift employees will
receive 11.2 hours for holiday pay plus straight or overtime (depending on the total
number of hours worked in the workweek).
HOLIDAY PAY
Hours of pay/holiday worked:
Hours of pay at 1-1/2 if a whole
shift is worked on a holiday:
40-Hour Employees
Fire Department
8 hours
11.2 hours
12 hours
16.8 hours
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B.
VACATION LEAVE
Vacation time will be calculated according to the following schedule:
40-Hour Employees
Years of
Service
Days earned per Year
Hours earned per Year
Hours earned per
pay period
1-5
10 days
80 hours
3.08 hours
6-10
12 days
96 hours
3.69 hours
11-15
15 days
120 hours
4.62 hours
16-20
18 days
144 hours
5.54 hours
Over 21
20 days
160 hours
6.15 hours
Fire Department employees
Years of
Service
Days earned per year
Hours earned per Year
Hours earned per pay
period
1-5
10 days
112 hours
6-10
12 days
134.4 hours
5.17 hours
11-15
15 days
168 hours
6.46 hours
16-20
18 days
201.6 hours
6.75 hours
Over 21
20 days
224 hours
8.62 hours
4.31 hours
Full-time employees who work less than 40 hours per week will have their vacation leave
prorated. The above schedule of credit is for uninterrupted service computed from the
most recent date of continuous employment. Employees accrue vacation leave from
their employment date, but are not be entitled to take vacation until twelve (12) months
of completed service. Vacation time is computed on a calendar year basis with any
partial first year prorated. Employees are strongly encouraged to take their earned
vacation each year, however, vacation credit may be accumulated and carried over to
the next calendar year. At no time may an employee’s accumulated vacation leave
exceed 60 days. Employees resigning or being terminated are paid for their prorated
vacation time not to exceed the maximum credit. All vacation leave exceeding the
maximum accrued leave of 60 days is converted to sick leave at the end of each
calendar year. Part-time and temporary employees are not be entitled to vacation
leave.
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Vacation leave is subject to the approval of the department head who shall schedule
vacations so as to meet the operational requirements of the department. Work
permitting, less than a full week of earned vacation may be taken when scheduled and
approved by the department head, but may not be taken in increments less than one
hour.
C.
SICK LEAVE
Sick leave with pay is granted to all regular full-time employees at the rate of ten (10)
working days each year starting after the initial six (6) months service. Sick leave
accrues each bi-weekly pay period. No payment will be made for accrued sick leave
upon separation from the Town. Sick leave is not considered as a right that the
employee may use at his/her discretion, but rather as a privilege.
Sick leave with pay shall be granted for the following reasons:
1.
Employees are incapacitated by sickness or a non-job-related injury, or they
are seeking medical, dental, or optical diagnosis and treatment.
2.
Department Heads approve necessary care and attendance of a member of
an employee’s immediate family.
When an employee is absent because of reasons as provided in this section in order to
be granted sick leave with pay, he/she must notify his/her immediate supervisor prior to
the beginning of the scheduled workday of the reason for absence. The Town’s
department heads may require doctors’ certificates or other satisfactory evidence that
absences are properly chargeable as sick leave. However, a doctor’s certificate may be
required for all sick leave absences of more than two days.
Sick leave may be taken as necessary, but may not be extended or overdrawn beyond
the employee’s accrued leave amount at the time of absence. However, at the request
of the employee any current accrued vacation balance may be applied and extended as
though it were sick leave.
Upon retirement under the Tennessee Consolidated Retirement System, an employee’s
accumulated sick leave will add retirement credit. Each 20 days of accumulated sick
leave will add one additional month of retirement credit to the employee’s total retirement
service credit.
Sick Leave:
40-Hour Employees
Fire Department
10 days per year
80 hrs/yr (3.69/pay period)
112 hrs/yr (4.31pay period)
Each day deducted from an employee's sick leave accumulation will be for a regular
workday and will not include holidays and scheduled days off. Employees claiming sick
leave while on annual leave must support their claim by a doctor's statement. When an
employee is on "leave without pay" for 15 days during any calendar month, no sick leave
accumulates.
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An eight-hour absence from work while sick will constitute a charge of one day of sick
leave for all employees, except members of the fire department who work 24 hours on
and 48 hours off. Firefighters working these shifts will be charged sick leave by the hour.
Employees may not borrow against future sick leave or transfer earned sick leave to
another employee. An employee, upon exhausting all earned sick leave, may use
earned vacation leave or take leave without pay. Only the governing body, by a majority
vote in a regular meeting, may make exceptions to leave policy due to unusual and/or
extenuating circumstances.
D.
LEAVE OF ABSENCE (WITH OR WITHOUT PAY)
1. If the employee exhausts all his/her annual and sick leave and still needs
time: He/She may apply for a leave of absence for a period of up to three (3)
months if he/she is a full-time employee. The request for leave must be given to
the employee’s immediate supervisor and the department director at least thirty
(30) days prior to the start of the requested leave unless the leave is an
emergency.
The employee’s supervisor (or department director) may or may not approve the
request for a leave of absence. The decision is at his/her discretion, unless the
leave qualifies under the Family Medical Leave Act, the Tennessee Maternity
Leave Act, or Military Leave. Some of the matters considered in approving the
request are the employee’s length of service, employment record, and the reason
for the absence.
While an employee might originally request a leave of absence for a period of
three (3) months, it is possible that extensions may be granted. However, the
total leave and extensions for any one cause cannot exceed one (1) year.
2. Employees will not be eligible for accrual of sick and annual leave/ paid
holidays : When he/she is on an approved unpaid leave of absence.
The employee must notify their supervisor of the anticipated date of return to
work prior to that date.
When an employee returns from an approved leave of absence, he/she may be
placed in their previous position or a similar position, if available. If the same or
similar position is not available, the employee may receive consideration for
employment in any available position for which he/she is qualified.
3. If the employee fails to return to work at the conclusion of the leave of
absence: The employee will be subject to disciplinary action. If the employee is
unable to return to work, he/she is responsible for requesting an extension (in
advance) from the supervisor or department director.
There may be changes in your employee benefits during a leave of absence.
Employees should contact the Town Manger to determine what changes he/she
may be subject to.
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4. Maintenance of Benefits During Leave of Absence: The Town is not required
to maintain employee benefit coverage while on an unprotected, unpaid leave of
absence. In cases where the Leave of Absence would trigger a qualifying event
(such as a termination of coverage) due to a reduction in work hours, COBRA will
be offered.
E.
FAMILY AND MEDICAL LEAVE
The Town offers leave under the Family Medical Leave Act (FMLA) for eligible
employees.
1. Eligibility: Employees who have worked for at least one year and for 1,250
hours in the preceding twelve (12) months are eligible to take up to twelve (12)
weeks of unpaid leave when the absence is necessitated by any of the following
circumstances:
a.
b.
c.
The birth or placement for adoption or foster care of a son or
daughter.
The inability to perform essential job functions due to a serious
health condition.
A health condition of parent, spouse, son or daughter who require
special care.
2. Certification: If leave is requested do a serious health condition, or to provide
care to a son or daughter, parent or spouse, certification may be required from
the treating healthcare provider.
3. Measuring: The Town has chosen the “measured forward” method that
entitles you to 12 weeks of leave during the year beginning on the first date the
FMLA leave is taken after the previous 12-month period ends.
Example: The 12-month period begins Sept. 1, 2007 if that is the first day of
FMLA leave. If you exhaust all of your FMLA leave, the next date when you
could again take FMLA leave would be Sept. 1, 2008.
4.
Intermittent or Reduced-Time Leave: FMLA leave can be taken on an
intermittent or reduced-time basis under the following circumstances:
a. When medically necessary to care for a seriously ill family member or
because of a serious health condition.
b. For the birth or placement of a child for adoption or foster care.
c. Intermittent reduced time leave shall not exceed 12 weeks combined if
the Town employs both spouses.
Only the amount of leave actually taken while on intermittent/reduced schedule leave
may be charged as FMLA leave. Subject to physician approval, scheduled leave for
intermittent planned medical treatments should be cleared with the Department Head so
it does not unduly disrupt the department’s operations.
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Employees requesting medical leave or family leave due to serious illness or injury (to
themselves or eligible family members) must first use accumulated compensatory time,
followed by sick leave, annual leave, or floating holidays. Fathers requesting Family
leave for the birth of a child or adoption/ foster placement must first use their annual,
followed by unpaid time. (Note: In this circumstance fathers cannot use their sick time).
F. TENNESSEE MATERNITY LEAVE ACT
Maternity/paternity leave is granted to an employee for a maximum of sixteen (16)
weeks, with the first twelve (12) weeks of leave falling under the Family and Medical
Leave Act (FMLA) and the remaining four (4) weeks as TN Maternity/Paternity Leave.
Employees must be employed full-time for at least twelve (12) months (or 1250 hours) to
receive maternity/paternity leave.
Employees must provide at least four to six (4-6) weeks advance notice of his/her
anticipated date of departure, except in those cases where medical emergency prevents
this notice, and he/she must state the length of the requested leave and their intention to
return to fulltime employment after the leave.
Employees may be required to use their accrued leave (comp, annual, or sick) during
maternity/paternity leave. Accrued leave and maternity/paternity leave are used at the
same time.
The purpose of this leave is to provide time off for pregnancy, childbirth, nursing, and/or
bonding with the infant. If the Town finds that an employee pursued other employment
opportunities or worked part-time or full-time for another employer during the period of
maternity/paternity leave, then the Town does not have to reinstate the employee at the
end of the leave period.
G.
Leave Provision
Maximum Time Allowed
FMLA
TN Maternity Act
TOTAL
12 Weeks
4 Weeks
16 Weeks
MILITARY LEAVE
Any employee who has successfully completed the trial period, and who is member, or
may become a member of any reserve component of the armed forces of the United
States or of the Tennessee Army and Air National Guard, shall be entitled to a leave of
absence from their respective duties for periods of military service during which they are
engaged in the performance of duty or training in the service of this state, or of the
United States, under competent orders. While on such leave, the employee will be
granted paid leave up to twenty (20) days in any one (1) calendar year. Qualified
employees who seek paid leave under this policy must provide the official order calling
for their service or training to their supervisor. It is the responsibility of the employee to
make arrangements with their department head for leave to attend monthly meetings on
regular off-time, with the expectation that the paid leave granted herein will be applied to
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the annual training periods required for reservists.
Any employee who has successfully completed his/her trial period and who is a member
of the armed forces of the United States (including the Army, Army Reserves, Army
National Guard, Navy, Naval Reserve, Marine Corps, Marine Corps Reserve, Air Force,
Air Force Reserve, Air National Guard, Coast Guard, Coast Guard Reserve,
Commissioned Corps of the Public Health) who is called to active duty will be placed on
military leave. Such employee must present his/her supervisor or department head with
advance notice of their active duty orders. The employee’s seniority, status and pay will
remain unchanged during their time of military leave. Continued health insurance
coverage will be offered up to 18 months, with the employee paying premiums due for
such policy. An employee wishing to continue health insurance coverage during their
military leave shall provide a mailing address where notices of premium payments due
may be sent.
The process for reinstatement of any employee returning from military leave starts when
the employee submits an “application for re-employment.” Applications must be
submitted: on the first work day back for employees deployed 30 days or less; within 14
days of the end of service for employees deployed up to 180 days; and, within 90 days
of the end of service for employees deployed 181 days or longer. The returning
employee will be re-employed in the position he/she would have attained had they not
been absent for military service, with the same seniority, status and pay.
H.
JURY SERVICE LEAVE
When an employee receives a summons to report for jury duty, the employee is required
to provide a copy of the summons to his/her immediate supervisor within 1 business day
of receiving the summons. Upon presentation of the summons, the employee will be
excused from employment for the day or days required of the employee while serving as
a juror in any court of the United States or the state of Tennessee; provided, that such
employee's responsibility for jury duty exceeds three (3) hours during the day for which
excuse is sought.
Upon release from jury duty during the employee's normal working hours, he/she is
expected to return to duty. Employees will receive full pay during jury service. The Town
will pay the employee's usual compensation but may deduct an amount equal to the fee
or compensation the employee received for jury service.
If an employee summoned for jury duty is working a night shift or is working during hours
preceding those in which court is normally held, the employee is also excused from
employment as provided by this section for the shift immediately proceeding the
employee's first day of service on any jury trial. After the first day of service, when the
employee’s responsibility for jury duty exceeds three (3) hours during a day, then he/she
is excused from the next scheduled work period occurring within twenty-four (24) hours
of jury service. Any question concerning the application of the provisions of this
subsection to a particular work shift or shifts will be conclusively resolved by the trial
judge of the court to which the employee has been summoned.
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I.
COURT DUTY
An employee who is summoned or subpoenaed to appear because of the employee’s
duties for the Town will be granted leave with pay upon presentation of such summons
or subpoena. When a Town employee is requested by the office of the Town Attorney to
appear in court on behalf of the Town of Signal Mountain, the employee must appear
and the employee will have the same benefits as though the employee was summoned
or subpoenaed. When an employee has been granted leave for court attendance and is
excused by proper court authority, the employee must report back to the employee’s
place of duty.
J.
BEREAVEMENT LEAVE
It is the policy of the Town to provide all regular, full-time and part-time employees time
off without loss of pay due to the death of an immediate family member as defined
below.
An employee who is absent during his/her regularly scheduled work week due to the
death of an immediate family member will receive payment for reasonable and
customary days absent, not to exceed three (3) regularly scheduled work days.
Immediate family includes: 1) spouse; 2) child, step-child; 3) parent, step-parent, foster
parent, parent-in-law; 4) sibling(s); and 5) grandparents and grandchildren. In addition to
the three (3) regularly scheduled work days, sick leave not to exceed two (2) days may
be granted at the discretion of the appropriate approving authority in the instance of
death of one of the immediate family members listed above.
Employees will be granted this leave without deduction from their vacation or sick leave
balances.
K.
INCLEMENT WEATHER LEAVE
It is the Town’s intent to remain open through all weather situations unless determined
that the essential functions of the Town cannot be safely administered. This decision will
be made by the Town Manager and communicated via all supervisors.
However, when weather conditions appear to be so severe that an employee fears for
his/her safety in traveling to or from the work site, he/she may be absent with leave if the
following conditions are met:
1. The employee informs his/her immediate supervisor of his/her absence
and the reason for it as soon as possible.
2. The employee reports to work immediately if a change in weather
conditions allows safe transportation to the work site.
3. The employer deducts the missed workday (or portion thereof) from
accumulated vacation leave. Reporting this leave will follow the same
requirements as other leave.
This policy is meant for those who are in immediate danger due to weather conditions
only. Should any employee abuse this policy, he/she may be subject to disciplinary
26
action. In situations where advanced notice of closure is known, the Town Manager will
communicate such closure via radio/newspaper/departmental memo, etc.
L.
VOTING LEAVE
It is the policy of the Town to provide employees time off to vote in state, national, and
local elections and to establish a procedure for reporting the time missed from work.
Employees who are registered voters may receive reasonable time off to vote if they
request such time off before 12 noon the day before the election. The supervisor may
specify the hours during which the employee may be absent to vote, and the time off
may not exceed three hours. No time off will be granted if the polls in the county where
the employee is a resident are open three (3) or more hours before the employee is
scheduled to begin work or if the polls close three (3) or more hours after the employee’s
work schedule ends.
Time off to vote shall be recorded as non-duty pay hours. Time off to vote is recorded for
non-exempt employees as non-worked time when calculating overtime.
In accordance with Public Chapter 741, which amended TCA Section 2-9-103 effective
April 15, 1998, any full-time employee appointed by a county election commission to
work part-time as a voting machine technician, shall be granted unpaid leave for the
day(s) required for the technician's duties. The appropriate approving authority may
require supporting documentation for the period of duty.
An employer may not require the employee to use accrued annual leave and/or
compensatory time for this period. However, either may be used at the employee's
option.
M.
COLLEGE DEGREE BONUS PAY
The Town offers the following annual college bonus pay for an employee with one or
more years of service with the Town who has a college degree—job related or not--from
an accredited college or university that is not required for their position. College bonus
pay is remitted to the employee in December as follows:
Associate’s Degree
Bachelor’s Degree
Master’s Degree
Doctorate’s Degree
N.
$ 100
$ 500
$ 750
$1000
CONTINUING EDUCATION REIMBURSEMENT
The Town encourages all employees to continue their education and will reimburse full
time employees as follows for any course work or degree if they agree by contract to
stay employed by the town for a minimum of two years. Should they chose to leave
before that time, they must agree to reimburse the Town ½ of the Town’s reimbursement
costs.
1. Course Eligibility: Job-related continuing education courses or undergraduate
course or degree; graduate degrees will be considered on a case-by-case basis
taking into consideration demonstrated Town need for the advanced degree.
27
2. Grade Requirement: A, B, C only or “pass” in a pass/fail system.
3. Reimbursement of Tuition/Fees – Up to $400 a 3-hr. course/semester with paid
receipt and grades.
4. Reimbursement of Books: Up to $100/3-hr. course/semester. with paid receipt
and grades.
5. Reimbursement Limit Per Person During Employment: No limit.
6. Reimbursement Limit Per Person per Calendar Year: $1,000 ($500/3hr.course/semester).
O.
BENEFITS
The Town of Signal Mountain recognizes that employee benefits are a critical
component of employee relations and job satisfaction. The Town intends to provide a
comprehensive benefits package that remains affordable and value based.
The following descriptions are broadly stated and should be supplemented with detailed
current benefit plan information, including contribution levels, which are available in the
Town’s administrative office.
1. Insurance Coverage: The Town intends to continue to offer benefit plans for
health, dental, vision and life insurance.
2. Insurance Costs: The Town has made substantial contributions toward the cost
of employee benefits and intends to continue this practice. However, the Town’s
contributions are subject to change each year based upon budgetary needs.
Insurance plans, benefit designs, eligibility rules and premiums are subject to
change each year based upon budgetary needs. Insurance Plans, benefit
designs, eligibility rules, and premiums are also subject to change each plan
year based on various factors, including past claims experience.
3. Eligibility: Employees who regularly work a minimum of 30 hours per week (or
204 hours per 27 day period for firefighters and 43 hours a week for policemen)
receive all benefits offered by the Town unless specifically excluded by the Town
Charter, code, or ordinance. If an employee’s hours drop below 30 hours per
week on a regular basis, eligibility will be lost and in the case of health insurance
the employee and all covered dependents will be offered COBRA. Temporary
employees, seasonal employees, and interns are not eligible for medical
coverage.
Employees are responsible to list only dependents that are eligible for coverage
as defined by the plan rules. If a covered dependent becomes ineligible based
upon plan rules, it is the employee’s responsibility to notify the Town Manager
immediately. Employees must notify the Town Manager of any changes within
30 days of the status changes. These include relevant life events such as birth,
marriage, divorce, legal separation, adoption, legal placement of a child, change
of address, reduction in employees regularly scheduled work hours or a
dependent change in status (i.e., school status). Some of these events will
require changes to benefits coverage, including adding or dropping dependents
or terminating/adding coverage. Applicable documentation will be required in the
notification.
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4. Enrollment: Employees must enroll for coverage within 14 days of employment
or an eligible qualifying event. The Town will determine the effective date of
coverage for employees.
5. Retirement Plan: The Town provides retirement benefits for employees through
the Tennessee Consolidated Retirement System (TCRS). The TCRS is a trust
fund established by the General Assembly for the purpose of administering a
retirement program for public employees. The plan is a defined benefit plan.
Only full-time employees are eligible. Employees are vested after five years of
participation. Presently, participants contribute 5% of salary to the plan, and the
Town contributes an even greater amount per participant to meet required
annual funding.
6. Flexible Benefit/Section 125 Plan: The Town allows employees to fund some
insurance premiums on a pre-tax basis. If employees enroll in a health
insurance dental or vision plan, wages are reduced by these premiums before
determining FICA and income tax withholding amounts.
P.
WORKERS' COMPENSATION
Employees on occupational disability are compensated in accordance with the
provisions of the Tennessee Workers' Compensation Law (T.C.A. 50-6-101 through 506-623). No compensation is allowed for the first seven days of disability resulting from
the injury, excluding the day of injury, except for medical attendance and hospitalization.
However, if disability extends beyond that period, compensation will commence with the
eighth day after the injury. In the event, however, the disability from the injury exists for a
period as long as 14 days, then compensation will be allowed beginning with the first day
after the injury (T.C.A. 50-6-205).
Employees must report any injury incurred in the course of their employment
immediately--however minor--to their supervisor or department head and receive first aid
or medical treatment as necessary.
Employees injured in an on-the-job accident will be compensated according to the
following schedule of compensation:
1. Temporary Total Disability: For an injury producing temporary total
disability, 66 2/3 percent of the average weekly wages are allowed.
2. Temporary Partial Disability: In all cases of temporary partial disability, the
compensation is 66 2/3 percent of the difference between the wage of the worker
at the time of the injury and the wage such worker is able to earn in the worker's
partially disabled condition. This compensation is paid during the period of such
disability, but not beyond 400 weeks.
3. Permanent Partial Disability: In all cases of disabilities that are partial in
character but adjudged to be permanent, the injured employee is paid, in addition
to any medical benefits, 66 2/3 percent of the employee's average weekly wages
for the period of time during which he/she suffers temporary total disability. Other
benefits may apply for loss of limbs.
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4. Permanent Total Disability: For permanent total disability, the injured employee
receives 66 2/3 percent of the injured employee's wages at the time of injury. This
compensation is paid during the period of permanent total disability until the
employee reaches the age of 65. This is providing that, with respect to disabilities
resulting from injuries occurring after age 60, regardless of the employee's age,
permanent total disability benefits are payable for a period of 260 weeks. Such
compensation shall be reduced by the amount of any old-age insurance benefits
received under the Social Security Act.
5. Deduction in Case of Death: In the event an employee sustains an injury due to
an accident in the course of the employee's job and if he/she dies during the
period of disability, all payments previously mentioned are payable to the people
who are wholly dependents (as defined by workers' compensation laws).
Q.
DEATH OF AN EMPLOYEE
Upon the death of a full-time regular employee, his/her beneficiary will receive his/her
next due payroll check, and pay for accrued vacation time. Further, the designated Town
employee in settling pension, life, and hospital insurance benefits will give his/her
beneficiary complete assistance.
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SECTION VII - DRUG AND ALCOHOL TESTING POLICY
A. SUBSTANCE ABUSE POLICY STATEMENT
The Town of Signal Mountain provides a safe work environment and fosters the
well-being and health of its employees. That commitment is jeopardized when any Town
of Signal Mountain employee illegally uses drugs on or off the job, comes to work under
their influence, possesses, distributes or sells drugs in the workplace, or abuses alcohol
on the job. Therefore, the Town of Signal Mountain Tennessee has established the
following policy, pursuant to T.C.A. Section 50-9-100 et. seq.:
1. It is a violation of Town policy for any employee to use, possess, sell,
trade, offer for sale, or offer to buy illegal drugs or otherwise engage in
illegal use of drugs on or off the job.
2. It is a violation of Town policy for any employee to report to work under the
influence of or while possessing in his/her body, blood or urine, illegal drugs in
any detectable amount.
3. It is a violation of the Town’s policy for any employee to report to work
under the influence of or impaired by alcohol.
4. It is a violation of the Town’s policy for any employee to use prescription
drugs illegally, i.e., to use prescription drugs that have not been legally
Obtained or in a manner or for a purpose other than as prescribed.
5. Violations of this policy are subject to disciplinary action up to and
including termination.
It is the responsibility of the Town’s supervisors to counsel employees whenever they
see changes in performance or behavior that suggest an employee has a drug problem.
Although it is not the supervisor’s job to diagnose personal problems, the supervisor will
encourage such employees to seek help and advise them about available resources for
getting help. Every employee shares responsibility for maintaining a safe work
environment, and co-workers must encourage anyone who has a drug problem to seek
help. This concern is especially significant for employees in safety sensitive positions.
For purposes of this policy, safety sensitive positions shall include employees who
regularly drive garbage trucks, public utilities trucks or equipment, public works
equipment, or fire or police vehicles in their jobs for the Town of Signal Mountain.
The goal of this policy is to balance our respect for individuals with the need to maintain
a safe, productive and drug-free environment. The intent of this policy is to offer a
helping hand to those who need it, while sending a clear message that the illegal use of
drugs and the abuse of alcohol are incompatible with employment at the Town of Signal
Mountain.
As a condition of employment, all employees must abide by the terms of this policy and
must notify the Town Manager, in writing, of any conviction of a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after such
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conviction.
The Town of Signal Mountain offers resource information on various means of employee
assistance in our community, including but not limited to drug and alcohol abuse
programs. Employees are encouraged to use the programs listed below:
1. Tennessee Community Counseling Services, Inc.
2. CADAS
3. Other programs as approved by the Town Manager
In addition, we will distribute this information to employees for their confidential use.
B. GENERAL PROCEDURES
Any employee reporting to work visibly impaired will be deemed unable to perform duties
and will not be allowed to work. If possible, the employee’s supervisor will first seek
another supervisor’s opinion to confirm the employee’s status. Next, where the
employer’s supervisor has reasonable suspicion to believe that the employee is impaired
at work, the supervisor will consult privately with the employee to determine the cause of
the observation, including whether substance abuse has occurred. If, from the
observations of the supervisor, the employee is found to be impaired, the employee will
be sent home or to a medical facility by taxi or other safe transportation alternative –
depending on the determination of the observed impairment – and accompanied by the
supervisor or another employee if necessary. A drug or alcohol test may be ordered.
An impaired employee will not be allowed to drive.
1. Opportunity to Contest or Explain Test Results: Employees and job applicants
who have a positive confirmed drug or alcohol test result may explain or contest
the result to the medical review officer within five (5) working days after receiving
written notification of the test result from the medical review officer. If an
employee’s or job applicant’s explanation or challenge is unsatisfactory to the
medical review officer, the medical review officer must report a positive test result
back to the Town. A person may contest the drug test result pursuant to rules
adopted by the Tennessee Department of Labor. Employees in safety sensitive
positions for the Town may be subject to random or periodic drug testing dues to
their respective positions.
2. Confidentiality: The confidentiality of any information received by the employer
through a substance abuse testing program must be maintained, except as
otherwise provided by law.
3. Job Applicant Drug Testing: All job applicants for the Town of Signal Mountain
will undergo testing for substance abuse as a condition of employment. Any
applicant with a confirmed positive test result will be denied employment.
4. Consent Agreement: Applicants will be required to submit voluntarily to a
urinalysis test at a laboratory chosen by the Town, and by signing a consent
agreement will release the Town from liability.
If a physician, a official or lab personnel have reasonable suspicion to believe
that the job-applicant has tampered with the specimen, the applicant will not be
32
considered for employment.
The Town of Signal Mountain does not discriminate against applicants for
employment because of a past history of drug or alcohol abuse. It is the current
illegal use of drugs and/or abuse of alcohol, preventing employees from
performing their jobs properly, Town of Signal Mountain does not tolerate.
C. Employee Drug Testing
This Town has adopted testing practices to identify employees who illegally use drugs
on or off the job or who abuse alcohol on the job. It is a condition of employment for all
employees to submit to substance abuse testing under the following circumstances:
1. When there is reasonable suspicion to believe that an employee is illegally
using drugs or abusing alcohol. “Reasonable suspicion” is based on a belief
that an employee is using or has used drugs or alcohol in violation of the
employer’s policy drawn from specific, objective and clearly explained facts as
well as reasonable inferences drawn from those facts in light of experience.
Such facts and inferences may be based upon, but not limited to, the following:
a. Observable phenomena while at work such as direct observation of
substance abuse or of the physical symptoms or manifestations of
being impaired due to substance abuse;
b. Abnormal conduct or erratic behavior while at work or a significant
deterioration in work performance;
c. A report of substance abuse provided by a reliable and credible source;
d. Evidence that an individual has tampered with any substance abuse
test during his or her employment with the current employer;
e. Information that an employee has caused or contributed to an accident
while at work; or
f. Evidence that an employee has used, possessed, sold, solicited, or
transferred drugs while working or while on the employer’s premises or
while operating the employer’s vehicle, machinery, or equipment.
2. When employees have caused or contributed to an on-the-job injury that
resulted in a loss of work-time, which means any period of time during which an
employee stops performing the normal duties of employment and leaves the
place of employment to seek care from a licensed medical provider. An
employer may send employees for a substance abuse test if they are involved
in on-the-job accidents where personal injury or damage to Town property
occurs.
3. As part of a follow-up program to treatment for drug abuse.
4. Routine fitness-for-duty drug or alcohol testing. A covered employer must
require an employee to submit to a drug or alcohol test if the test is conducted
as part of a routinely scheduled employee fitness-for-duty medical examination
where the examinations are required by; law, regulation, are part of the
covered employer’s established policy, or one that is scheduled routinely for all
members of an employment classification group.
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5. Employees in safety sensitive positions may be subject to random or periodic
drug testing due to their respective job responsibilities.
ALCOHOL TESTING
The consumption or possession of alcoholic beverages on this Town’s premises is
prohibited. (Town sponsored activities which may include the serving of alcoholic
beverages are not included in this provision.) An employee whose normal faculties are
impaired due to alcoholic beverages, or whose blood alcohol level test .10% by weight
for non-safety sensitive positions, or .04% for safety sensitive positions, while on
duty/Town business shall be guilty of misconduct, and shall be subject to discipline up to
and including termination.
Be aware that any “Alcoholic Beverage” includes all liquid medications containing ethyl
alcohol (ethanol). Please read the label for content. For example; Vicks Nyquil™ is 25%
(50 proof) ethyl alcohol, Comtrex™ is 20%(40 proof), Contac Severe Cold Formula Night
Strength™ is 25%(50 proof) and Listerine™ is 26.9% (54 proof).
REFUSAL TO SUBMIT
Failure to submit to a required substance abuse test also is misconduct and also shall be
subject to discipline up to and including termination.
IMPORTANT INFORMATION FOR JOB APPLICANTS AND EMPLOYEES
When an employee or job applicant submits to a drug and/or alcohol test, they will be
given a form by the specimen collector that contains a list of common medications and
substances which may alter or affect the outcome of a drug or alcohol test. This form will
also have a space for the donor to provide any information that he/she considers
relevant to the test, including the identification of currently or recently used prescription
or non-prescription medication or other relevant information. The job applicant or
employee for their personal use will keep the information form. If the job applicant or
employee has a positive confirmed test result a medical review officer will attempt to
contact the individual in order to privately discuss the findings with that person. The job
applicant or employee should keep the form as a “reminder” to discuss this information
at that time. The medical review officer will take this information into account when
interpreting any positive confirmed test results. The information provided will be treated
as confidential and will not be given to the employer. Employees and job applicants have
the right to consult with a medical review officer for technical information regarding
prescription and non-prescription medicine.
It is the responsibility of every employee or job applicant to notify the testing laboratory
of any administrative or civil action brought pursuant to TCA Section 50-9-100 ET. Seq.,
Drug-Free Workplace Programs.
Substance abuse testing for job applicants and employees will include a urinalysis
screen or hair test for the following drugs:
Amphetamines: “speed,” “uppers,” etc.
Cannabinoids: THC, marijuana, hashish, “pot,” “grass,” “hash,” etc.
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Cocaine: “coke,” “crack,” etc.
Phencyclidine: PCP, “angel dust.”
Opiates: Narcotics, Heroin, Codeine, Morphine, “smack, dope, etc.”
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SECTION VIII - SEXUAL HARASSMENT
A.
GENERAL STATEMENT OF POLICY
The Town of Signal Mountain is committed to safeguarding the right of all Town
employees to work in an environment that is free from all forms of sexual harassment. It
is the policy of the Town of Signal Mountain to maintain a working environment that is
free from sexual harassment. The Town of Signal Mountain prohibits any form of sexual
harassment. It is a violation of this policy for any employee of the Town to harass an
employee through conduct or communication of a sexual nature as defined by this
policy. The Town Manager or his designee will act to investigate all complaints, formal
or informal, verbal or written, of sexual harassment and to discipline any employee who
sexually harasses any employee of the Town.
B.
DEFINITIONS
1. Sexual harassment consists of unwelcome sexual advances, requests for sexual
favors, sexually motivated physical contact or other verbal or physical conduct or
communication of a sexual nature when:
a.
b.
c.
2.
Sexual harassment may include but is not limited to:
a.
b.
c.
d.
e.
f.
g.
h.
C.
Submission to that conduct or communication is made a term or
condition, either explicitly or implicitly, of obtaining or retaining
employment; or
Submission to or rejection of that conduct or communication by an
individual is used as a factor in decisions affecting that individual’s
employment; or
That conduct or communication has the purpose or effect of substantially
or unreasonably interfering with an individual’s employment or creating an
intimidating, hostile or offensive employment environment. Any sexual
harassment as defined when perpetrated on any employee by any
employee is treated as sexual harassment under this policy.
Verbal harassment or abuse;
Subtle pressure for sexual activity;
Inappropriate patting or pinching;
Intentional brushing against an employee’s body;
Demanding sexual favors accompanied by implied or overt threats
concerning an individual’s employment status;
Demanding sexual favors accompanied by implied or overt promises of
preferential treatment with regard to an individual’s employment status;
Any sexually-motivated unwelcome touching; or
Any unwelcome sexual communication, regardless of medium.
REPORTING PROCEDURES
Any person who believes he or she has been the victim of sexual harassment by an
employee of the Town or any third person with knowledge or belief of conduct that may
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constitute sexual harassment should report the alleged acts immediately to an
appropriate Town official as designated by this policy.
1. All department heads are responsible for receiving oral or written reports of
sexual harassment at the department level. Upon receipt of a report, the
department head must notify the Town Manager immediately. A written report
will be forwarded to the Town Manager. If the report was given verbally, the
department head must reduce it to written form within 24 hours and forward it to
the Town Manager. If the complaint involves the department head, the complaint
must be filed directly with the Town Manager.
2. The Town Manager will receive reports or complaints of sexual harassment from
any individual, employee or victim of sexual harassment and also from the
department heads as outlined above. If the complaint involves the Town
Manager, the complaint will be filed directly with the Mayor. The name of the
Town Manager, including a mailing address and telephone number must be
conspicuously posted.
3. Submission of a complaint or report of sexual harassment will not affect the
individual’s future employment or work assignments.
4. Use of formal reporting forms is not mandatory.
The Town will respect the confidentiality of the complainant and the individual(s) against
whom the complaint is filed as much as possible if consistent with the Town’s legal
obligations and the necessity to investigate allegations of harassment and take
disciplinary action when the conduct has occurred.
D.
INVESTIGATION AND RECOMMENDATION
The Town Manager, upon receipt of a report or complaint alleging sexual harassment,
must immediately authorize an investigation. This investigation may be conducted by
Town personnel or by a third party designated by the Town Manager. The investigating
party must provide a written report of the status of the investigation within 10 working
days to the Town Manager or to the Mayor if the Town Manager is involved in the
allegation of sexual harassment.
In determining whether alleged conduct constitutes sexual harassment, the Town
Manager will consider the surrounding circumstances, the nature of the sexual
advances, relationships between the parties involved, and the context in which the
alleged incidents occurred.
The investigation may consist of personal interviews with the complainant, the
individual(s) against whom the complaint is filed, and others who may have knowledge
of the alleged incident(s) or circumstances giving rise to the complaint. The investigation
may also consist of any other methods and documents deemed pertinent by the
investigator.
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E.
ACTION
1. Upon receipt of a recommendation that the complaint is valid, the
Town Manager will take such action as appropriate based on the results of the
investigation.
2. The result of the investigation of each complaint filed under these procedures
will be reported in writing to the complainant by the Town Manager. The
report will document any disciplinary action taken as a result of the complaint.
F.
REPRISAL
The Town Manager will not tolerate any individual who retaliates against any person who
reports alleged sexual harassment or who retaliates against any person who testifies,
assists or participates in an investigation, proceeding or hearing relating to a sexual
harassment complaint. Retaliation includes, but is not limited to, any form of
intimidation, reprisal or harassment.
G.
NON-HARASSMENT/FALSE ACCUSATIONS
The Town of Signal Mountain recognizes that every advance or comment of a
sexual nature does not constitute harassment. Whether a particular action or incident is
a personal, social relationship without a discriminatory employment effect
requires a determination based on all the facts and surrounding circumstances.
False accusations of sexual harassment can have a serious detrimental effect on
innocent parties.
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SECTION IX - MISCELLANEOUS POLICIES
A.
POLITICAL ACTIVITY
No employee may participate in any campaign for an elective office, or campaign
concerning any issue which may appear on an election ballot, during working hours or
when on duty. No employee may participate in campaign activities while wearing a
Town uniform or driving a Town-owned vehicle. Town employees are prohibited from
using their employment status or official authority to influence voters while participating
in political campaigns.
Employees enjoy the same rights as other citizens to participate in political campaigns
and to be a candidate for state or local political office. Any time off from work used to
participate in political activities must be limited to earned days off.
There is no authorization for Town employees to run for elective office with the Town of
Signal Mountain. Any employee who desires to run for a Town office must terminate
his/her employment with the Town Signal Mountain.
B.
TRAVEL REIMBURSEMENT
All trips that involve reimbursement and/or Town government expense will not be
undertaken without prior approval of the appropriate department head. Mileage, food,
lodging, and other expenses is reimbursed at the same rate as the State of Tennessee.
For details regarding travel, obtain a copy of the Town government's travel policy from
the Town Manager.
C.
USE OF TOWN VEHICLES AND EQUIPMENT
This policy is established to determine the fair and equitable uses of Town take-home
vehicles, to establish limitations on the uses of take-home vehicles to minimize possible
abusive use, and to comply with insurance regulations designed to limit liability and
workers’ compensation loss exposure.
1. The Town Council determines which employees are granted takehome vehicles.
2. Take-home vehicles are to be used only for official use such as:
commuting to and from work, emergency call-out for Town business,
and while on duty during normal business hours. Any other use must
be approved in advance by the Town Manager. Other on-duty
employees are allowed in the vehicle.
3. Only Town employees may operate the vehicle.
4. Seat belts must be used whenever the vehicle is in operation.
5. The vehicle can leave the State only for Town business and only with
advance permission of the Town Manager. Standing permission is
hereby granted for Police trips to G.T. Distributors just over the state
line into Georgia.
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6. The vehicle may not be operated when the employee is under the
influence of alcohol, drugs or medication that could affect the ability to
operate the vehicle.
D.
DRIVING RECORDS
Any employee who is required as an employment condition to possess and maintain a
valid Tennessee driver's or commercial driver's license must immediately, before
reporting for duty the next workday, inform his/her supervisor should his/her license
become denied, expired, restricted, suspended, or revoked any time during employment
with the Town. Periodic review of employees' driving records will be conducted by the
Town Manager to assure adherence to this policy.
E.
OUTSIDE EMPLOYMENT
Employees are required to obtain approval from the Town Manager before accepting or
performing any outside employment.
If at any point the secondary job duties change, the employee is required to obtain
approval from the Town Manager before engaging in the secondary employment
activities.
The Town must be considered the employee’s primary employer. While the Outside
Employment policy is not intended to restrict an employee’s personal rights, the
employee’s employment with the Town takes precedence in all matters involving work
issues. Outside employment is not considered a valid reason for absenteeism,
tardiness, or poor job performance.
F.
NEPOTISM
The Town of Signal Mountain complies with the Ethics policy passed August 1, 2007.
Effective for employees hired or promoted after October 1,2007, two members of the
same family (wife, husband, son, son-in-law, daughter, daughter-in-law, mother, motherin-law, father, father-in-law, brother, brother-in-law, sister, sister-in-law, aunt, uncle,
niece, nephew, step-parent, or stepchild) may not work in the same department of the
Town. If the Town cannot reasonably transfer one of the family members to another
department, and the family members can't decide which one will leave voluntarily, then
the Town Manager will determine who is retained in employment of the Town.
G.
SOLICITATION
Unauthorized solicitation of employees on the premises is strictly prohibited. This
prohibition applies both to employees and outsiders. Solicitation of gifts for such
occasions as resignations, retirements, weddings, and births is considered authorized.
Contributions may be solicited on Town property only with the permission of the Town
Manager. Miscellaneous solicitation of contributions within a single department may be
made with the permission of the department head.
No pressure is to be placed on any employee to make any contributions.
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H.
PERSONAL COMMUNICATION
Use of cellular phones / text messaging during regular work hours, except in emergency
cases, is discouraged. Personal calls / text messages that must be made or received
during business hours are permitted if they are held to a minimum and do not interfere
with the employee's work. Personal communications should be made during breaks or
lunch-time when possible.
When using office phones, long-distance emergency calls must be billed to the caller's
home phone number or reimbursed by the employee making the call. Excessive phone
conversations on non-emergency matters may result in disciplinary action.
J.
FIGHTING, HORSEPLAY, DAMAGING TOWN GOVERNMENT PROPERTY
Fighting, horseplay, and intentionally defacing or damaging Town property may subject
violators to disciplinary action..
K.
ACCEPTING GRATUITIES
The Town of Signal Mountain complies with the MTAS Model Ethics policy passed
August 1, 2007.
An official or employee may not accept, directly or indirectly, any money, gift, gratuity, or
other consideration or favor of any kind from anyone other than the municipality:
(1) For the performance of an act, or refraining from performance of an act, that he
would be expected to perform, or refrain from performing, in the regular course of his
duties; or (2) That might reasonably be interpreted as an attempt to influence his action,
or reward him for past action, in executing municipal business.
L.
NON-SMOKER PROTECTION ACT
The Town complies with the Non-Smoker Protection Act of 2007, which prohibits
smoking in all public places such as buildings, equipment, and Town owned vehicles.
All employees who operate Town owned vehicles are prohibited from smoking in the
vehicle or piece of equipment. This includes other occupants who are be being
transported in the vehicles.
M.
BUSINESS INTEREST
The Town of Signal Mountain complies with the MTAS Model Ethics policy passed
August 1, 2007.
No department head or supervisor may have any financial interest in the profits of any
contract, service, or other work performed by the Town. No department head or
supervisor may personally profit directly or indirectly from any contract, purchase, sale,
or service between the Town and any person or company.
No Town employee may enter into a contract with the Town or perform any work or
function under any contract with the Town if he/she has a direct or indirect financial
interest in the contract, unless:
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1.
2.
N.
The contract is awarded through a process that complies with the Town's
purchasing requirements; or
The Town Manager waives this section's requirements after making a
formal finding that it is in the best financial interest of the Town to do so
after full disclosure on the part of the Town employee of his/her direct or
indirect financial interest in the contract. The Town Manager’s finding and
waiver and the employee's full financial disclosure are recorded on the
minutes of the Council’s in open session if the contract is over the amount
of $2,000.
PERSONNEL RECORDS
Personnel records for each employee are kept on file and maintained by the Recorder.
Any change of address, telephone number, marital status, draft status, beneficiaries,
number of dependents, or completed education/training must be turned in to the
supervisor for transmittal to the personnel section.
The Recorder also maintains the life insurance, vacation, pension and retirement, health
insurance, and sick leave records for each employee. The Recorder will advise
employees through their supervisor of their eligibility so that they may take full
advantage of all the benefits available. All medical records must be kept in a separate
confidential file for each employee.
It is the responsibility of each employee to update personnel information in his/her
personnel file by notifying the Recorder of any information changes. The Town will not
be held liable when incorrect withholding, wrong beneficiaries, or loss of employee
benefits result from the failure of any employee to keep personnel records current.
M. ACCESS TO PERSONNEL RECORDS
As required by State Law, any Tennessee resident may have access to personnel
information for the purpose of inspection, examination, and copying, during the regular
business hours, subject only to such rules and regulations for the safekeeping of public
records. The following provisions govern access to such information:
1. All disclosures of records will be requested in writing and will be documented
and placed in the employee’s file.
2. Employees shall be notified in writing of the disclosure of their personnel
records within 3 days.
3. Any individual examining a personnel record may copy the information.
Available photocopying facilities may be provided, and the cost will be
assessed to the individual.
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CONFIDENTIAL INFORMATION
All information contained in a Town employee’s personnel file will be maintained as
confidential in accordance with the requirements of State and Federal Law and is open
to public inspection only in accordance with these laws.
RECORDS OF FORMER EMPLOYEES
The same provisions for access to records apply to former employees as well as present
employees.
REMEDIES OF EMPLOYEES OBJECTING TO MATERIAL IN FILE
Employee who objects to material in his/her file may place in the file a statement relating
to the material considered being inaccurate or misleading.
DESTRUCTION OF RECORDS REGULATED
No public official may destroy, sell, loan or otherwise dispose of any public record except
in accordance with State and Federal Law.
O.
ETHICS POLICY
As of July 1, 2007 all Tennessee municipalities are required to adopt a Code of Ethics.
The Town of Signal Mountain elected to adopt the MTAS Model Ethics Policy.
SECTION 1- APPLICABILITY
This chapter is the code of ethics for personnel of the municipality. It applies to all fulltime and part-time elected or appointed officials and employees, whether compensated
or not, including those of any separate board, commission, committee, authority,
corporation, or other instrumentality appointed or created by the municipality. The words
“municipal” and “municipality” include these separate entities.
SECTION 2 - Definition of “personal interest”
(1) For purposes of Sections 3 and 4, “personal interest” means: (a) Any financial,
ownership, or employment interest in the subject of a vote by a municipal board not
otherwise regulated by state statutes on conflicts of interests; or (b) Any financial,
ownership, or employment interest in a matter to be regulated or supervised; or (c) Any
such financial, ownership, or employment interest of the official’s or employee’s spouse,
parent(s), stepparent(s), grandparent(s), sibling(s), child(ren), or stepchild(ren). (2) The
words “employment interest” include a situation in which an official or employee or a
designated family member is negotiating possible employment with a person or
organization that is the subject of the vote or that is to be regulated or supervised. (3) In
any situation in which a personal interest is also a conflict of interest under state law, the
provisions of the state law take precedence over the provisions of this chapter.
SECTION 3 - Disclosure of personal interest by official with vote
An official with the responsibility to vote on a measure shall disclose during the meeting
at which the vote takes place, before the vote and so it appears in the minutes, any
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personal interest that affects or that would lead a reasonable person to infer that it
affects the official’s vote on the measure. In addition, the official may recuse himself from
voting on the measure.
SECTION 4 - Disclosure of personal interest in nonvoting matters
An official or employee who must exercise discretion relative to any matter, other than
casting a vote, and who has a personal interest in the matter that affects or that would
lead a reasonable person to infer that it affects the exercise of the discretion shall
disclose, before the exercise of the discretion when possible, the interest on a form
provided by and filed with the recorder. In addition, the official or employee may, to the
extent allowed by law, charter, ordinance, or policy, recuse himself from the exercise of
discretion in the matter.
SECTION 5 - Acceptance of gratuities, etc.
An official or employee may not accept, directly or indirectly, any money, gift, gratuity, or
other consideration or favor of any kind from anyone other than the municipality:
(1) For the performance of an act, or refraining from performance of an act, that he
would be expected to perform, or refrain from performing, in the regular course of his
duties; or
(2) That might reasonably be interpreted as an attempt to influence his action, or reward
him for past action, in executing municipal business.
SECTION 6 - Use of information
(1) An official or employee may not disclose any information obtained in his official
capacity or position of employment that is made confidential under state or federal law
except as authorized by law.
(2) An official or employee may not use or disclose information obtained in his official
capacity or position of employment with the intent to result in financial gain for himself or
any other person or entity.
SECTION 7 - Use of municipal time, facilities, etc.
(1) An official or employee may not use or authorize the use of municipal time, facilities,
equipment, or supplies for private gain or advantage to himself. (2) An official or
employee may not use or authorize the use of municipal time, facilities, equipment, or
supplies for private gain or advantage to any private person or entity, except as
authorized by legitimate contract or lease that is determined by the governing body to be
in the best interests of the municipality.
SECTION 8 - Use of position or authority
(1) An official or employee may not make or attempt to make private purchases, for
cash or otherwise, in the name of the municipality.
(2) An official or employee may not use or attempt to use his position to secure any
privilege or exemption for himself or others that is not authorized by the charter, general
law, or ordinance or policy of the municipality.
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SECTION 9 - Outside employment
An official or employee may not accept or continue any outside employment if the work
unreasonably inhibits the performance of any affirmative duty of the municipal position or
conflicts with any provision of the municipality’s charter or any ordinance or policy.
SECTION 10 - Ethics complaints
(1) The Town attorney is designated as the ethics officer of the municipality. Upon the
written request of an official or employee potentially affected by a provision of this
chapter, the Town attorney may render an oral or written advisory ethics opinion based
upon this chapter and other applicable law. (2)(a) Except as otherwise provided in this
subsection, the Town attorney shall investigate any credible complaint against an
appointed official or employee charging any violation of this chapter, or may undertake
an investigation on his own initiative when he acquires information indicating a possible
violation and make recommendations for action to end or seek retribution for any activity
that, in the attorney’s judgment, constitutes a violation of this code of ethics. (b) The
Town attorney may request that the governing body hire another attorney, individual, or
entity to act as ethics officer when he has or will have a conflict of interests in a particular
matter. (c) When a complaint of a violation of any provision of this chapter is lodged
against a member of the municipality’s governing body, the governing body shall either
determine that the complaint has merit, determine that the complaint does not have
merit, or determine that the complaint has sufficient merit to warrant further investigation.
If the governing body determines that a complaint warrants further investigation, it shall
authorize an investigation by the Town attorney or another individual or entity chosen by
the governing body. (3) The interpretation that a reasonable person in the circumstances
would apply shall be used in interpreting and enforcing this code of ethics. (4) When a
violation of this code of ethics also constitutes a violation of a personnel policy, rule, or
regulation or a civil service policy, rule, or regulation, the violation shall be dealt with as a
violation of the personnel or civil service provisions rather than as a violation of this code
of ethics.
SECTION 11 - Violations
An elected official or appointed member of a separate municipal board, commission,
committee, authority, corporation, or other instrumentality who violates any provision of
this chapter is subject to punishment as provided by the municipality’s charter or other
applicable law and in addition is subject to censure by the governing body. An appointed
official or an employee who violates any provision of this chapter is subject to
disciplinary action.
P.
COMPUTER USE AND MONITORING POLICY
It is every employee's duty to use the Town’s computer resources and communication
devices responsibly, professionally, ethically and lawfully. These policies are not
intended to, and do not, grant users any contractual rights. The term "Computer
Resources" refers to the Town’s computers, electronic equipment, and its entire
computer network.
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1. Computer Use Policy Overview: The Computer Resources are the property of
the Town and should be used primarily for legitimate business purposes. While
personal use of Town Computer Resources including internet and electronic mail
is not forbidden, it is discouraged. Personal use must be minimal and must not
interfere with the performance of job duties and responsibilities. Users are
permitted access to the Computer Resources to assist them in performing their
jobs. Use of the Computer Resources is a privilege that may be restricted or
revoked at any time. All information contained in the Computer Resources and all
documents generated there from are for the exclusive use of the Town in
connection with the conduct of its business and are the sole property of the
Town.
2. Waiver of Privacy Rights: Users expressly waive any right of privacy in
anything they create, store, send or receive using the Computer Resources.
Users consent to allowing the Town to access and review all materials users
create, store, send or receive using the Computer Resources.
3. Inappropriate or Unlawful Material: Material that is, or could reasonably be
regarded as, derogatory or discriminatory on the basis of race, sex, religion,
national origin, age, or disability, or is fraudulent, harassing, embarrassing,
sexually explicit, profane, obscene, intimidating, defamatory or otherwise
unlawful, may not be sent, by e-mail or other forms of electronic communication
(such as bulletin board systems, news groups and chat groups) or displayed on
or stored in the Computer Resources. Any such material received by electronic
transmission from a source outside of the Town should be deleted immediately.
4 . Misuse of Software: Without prior authorization and proper licensing, users
may not do any of the following: (a) copy software for use on their home
computers; (b) provide copies of software to any third person; (c) install software
or hardware on any Computer Resources; (d) download any software from the
Internet or other online service to any Computer Resources; (e) modify, revise,
transform, recast or adapt any software on any Computer Resources.
5. Compliance with Laws and Licenses: In their use of Computer Resources,
users must comply with all software licenses and copyrights and all state, federal
and international laws governing intellectual property and online activities.
6. Communication of Trade Secrets: Unless expressly authorized by the Town,
sending, transmitting or otherwise disseminating proprietary data, trade secrets
or other confidential information of the Town is strictly prohibited.
7. Use of Encryption Software: Users may not install or use encryption software
on any computers without first obtaining written permission from the Town.
8. Monitoring Usage: The Town has the right, but not the duty, to monitor any
and all aspects of the Computer Resources, including monitoring sites visited by
employees on the Internet, monitoring chat groups and news-groups, reviewing
material downloaded or uploaded by users to the Internet, and reviewing e-mail
sent and received by others.
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9. Public Records: All employee correspondence in the form of electronic mail
may be considered a public record and may be subject to public inspection under
the Tennessee Public Records Law.
Q.
MISUSE OF TOWN PROPERTY
Misuse of Town property violates the values of integrity, respect, and continuous
improvement of the Town. Misuse of property may include, but is not limited to, misusing
or taking broad property or the property of others without permission, or misusing or
misappropriating funds, misuse of copyrighted material, vandalism, embezzlement,
using Town resources/ positions, business cards/ identification/ security badges for
unauthorized business or personal reasons or personal gain.
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SECTION X - SEPARATIONS AND DISCIPLINARY ACTIONS
A.
TYPES OF SEPARATIONS
All separations of employees from positions with the Town will be designated as one of
the following types and will be accomplished in the manner indicated: resignation, layoff,
disability, death, retirement, and dismissal. At the time of separation and prior to final
payment, all records, assets, and other Town property in the employee's custody must
be transferred to the department. Any amount due because of shortages will be withheld
from the employee's final compensation.
B.
RESIGNATION
In the event an employee decides to leave the Town's employ, a two-week notice will be
given to his/her supervisor so that arrangements for a replacement can be made. In
such a case, the employee will be expected to return any/or all Town government
equipment assigned. An unauthorized absence from work for a period of three
consecutive working days may be considered by the department head as a resignation.
If a former employee returns to Town employment, his/her status of seniority, pay, leave,
etc., will be the same as any new employee beginning work for the first time.
C.
LAYOFF
The department head, upon approval from the Town Manager, may lay off an employee
in Town service when he/she deems it necessary by reason of a shortage of funds,
abolishing a position, other material changes in the duties or organization of the
employee's position, or related reasons that are outside the employer's control and that
do not reflect discredit upon the employee's service.
The duties performed by a laid-off employee may be assigned to other Town employees
who hold positions in the appropriate class. Temporary employees will be laid off before
regular employees.
A laid-off employee who is reinstated as a Town employee within 90 days from the date
he/she was laid off will be reinstated with full benefits as if he/she had not been laid off.
D.
DISABILITY
An employee may be separated for disability when he/she cannot perform the essential
functions of the job because of a physical or mental impairment that cannot be
accommodated without undue hardship or that poses a direct threat to the health and
safety of others. Reasonable accommodations will include transfer to a comparable
position for which the individual is qualified. The employee or the Town may initiate
action, but in all cases it must be supported by medical evidence acceptable to the Town
Manager, and the disability must prevent the employee from performing the essential
functions of the job. The Town government may require an examination at its expense to
be performed by a licensed physician of its choice.
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E.
RETIREMENT
1. Tennessee Consolidated Retirement System (TCRS) Policy: Any
member is eligible for service retirement upon reaching age 60 or completing 30
years of creditable service; legislation is subject to change.
2. Ordinary Disability Retirement: Any member eligible for disability retirement may
set the effective date within 150 days before or after the member's application is
filed. The number of creditable service years that a member must have
completed in order to be eligible for ordinary disability retirement is five years.
3. Accidental Disability Retirement: Upon the application of a member who has
been disabled as the natural and proximate result of an accident or as the direct
result of physical violence against the member's own person occurring while the
member was in the actual performance of duty at some definite time and place,
without negligence on the member's part, may be retired by the board.
Any member who is approved for an accidental disability retirement allowance to
begin at 50 percent of the member's average final compensation shall be
required, as a condition of continued receipt of such, to provide adequate
documentation to the retirement system within 30 days that the member has
made application for Social Security disability benefits.
F.
DEATH
Separation shall be effective as of the date of death of an employee. All compensation
due in accordance with these rules shall be paid to the estate of the employee, except
for such sums as by law must be paid to the surviving spouse.
G.
DISCIPLINARY ACTION
All Town employees not under an employment contract for a specified time period are
employees at-will of the Town. The Town reserves the right to discharge at-will
employees for cause or for no reason, except that no employee will be discharged for
reasons that are prohibited by state and federal law.
However, whenever an employee's performance, attitude, work habits, or personal
conduct fall below a desirable level, supervisors shall inform employees promptly and
specifically of such lapses and shall give them counsel and assistance. If appropriate
and justified, a reasonable period of time for improvement may be allowed before
initiating disciplinary action. In some instances, a specific incident in and of itself may
justify severe initial disciplinary action; however, the action to be taken depends on the
seriousness of the incident and patterns of past performance and conduct. The types of
disciplinary action are:
1.
2.
3.
4.
Oral reprimand
Written reprimand
Suspension
Dismissal
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H.
ORAL REPRIMAND
Whenever an employee's performance, attitude, work habits, or personal conduct fall
below a desirable level, the supervisor will inform the employee promptly and specifically
of such lapses and shall give him/her counsel and assistance. If appropriate and
justified, a reasonable period of time for improvement may be allowed before initiating
disciplinary actions. The supervisor will place a memo in the employee's file stating the
date of the oral reprimand, what was said to the employee, and the employee's
response.
I.
WRITTEN REPRIMAND
In situations where an oral warning has not resulted in the expected improvement or
when more severe initial action is warranted, a written reprimand may be sent to the
employee, and a copy will be placed in the employee's personnel folder. The supervisor
administering the reprimand will advise the employee that the action is a written
reprimand and emphasize the seriousness of the problem; cite previous corrective
actions and/or informal discussions relating to the offense; identify the problem and/or
explain the offense; inform the employee of the consequences of continued undesirable
behavior; detail corrective actions and identify dates by which the corrective actions will
be taken.
At the conclusion of a conference with the employee, a copy of the written reprimand will
be placed in the employee's personnel folder. It is recommended that the affected
employee sign the written reprimand to indicate that he/she has seen the document and
to acknowledge receipt of the employee's copy. Should the employee refuse to sign the
written reprimand, the supervisor will obtain a witness to sign and date the form and so
indicate the employee's refusal to sign.
J.
SUSPENSION
Generally, a suspension is to penalize an employee for a violation while a release from
active duty is to protect the department and/or the employee while an alleged offense is
being investigated. The authority to suspend from active duty is delegated to any
supervisor whenever there is a violation of the rules or procedures, or for the
preservation of good order and discipline, pending formal charges. The supervisor shall
make report of suspension from duty as soon as possible to the department head and
the Town Manager, naming the employee affected and details of the reason for the
action. In all cases the final decision for further action rests with the Town Manager.
K.
DISMISSAL
All Town employees not under an employment contract for a specified time period are
employees at-will of the Town. The Town reserves the right to discharge at-will
employees for cause or for no reason, except that no employee will be discharged for
reasons that are prohibited by state and federal law.
However, the Town of Signal Mountain provides the following guidelines that can be
considered by the Town Manager. The Town Manager may dismiss an employee for
just cause that is for the good of the Town service. Reasons for dismissal may include,
BUT SHALL NOT BE LIMITED TO: misconduct, negligence, incompetence,
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insubordination, unauthorized absences, falsifying records, or violating any of the
Charter provisions, ordinances, or these rules. Examples include:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Incompetence or inefficiency in performing duties;
Conviction of a criminal offense or of a malfeasance involving
moral turpitude;
Violating any lawful and reasonable regulation, order, or direction
made or given by a superior, or insubordination that constitutes a
serious breach of discipline;
Being intoxicated, drinking any intoxicating beverages, or being
under the influence of a drug or narcotic while on duty;
Theft, destruction, carelessness, or negligence of Town property;
Disgraceful personal conduct or language toward the public, fellow
officers, or employees;
Unauthorized absences or abuse of leave privileges;
Incapacity to perform the essential functions of a job because of a
permanent or chronic physical or mental defect that cannot be
reasonably accommodated;
Accepting any valuable consideration that was given with the
expectation of influencing the employee in performing his/her
duties;
Falsifying records or using official position for personal advantage;
Loss of an employee's driver's license and driving privileges by
due process of law when the employee's position makes operating
a motor vehicle necessary in performing his/her duties;
Violating any of the provisions of the Town Charter, personnel
ordinance, or these rules; or
Violating any departmental policies or rules.
Pursuant to the appeals procedure, the employee will be furnished an advance written
notice containing the nature of the proposed action, the reasons therefore, and the right
to appeal the charges orally or in writing before the Town Manager. When possible, the
notice will be furnished at least one calendar week prior to the proposed effective date of
the action. During this period, the employee may be retained on duty status, placed on
leave, or suspended with or without pay at the discretion of the Town Manager. If the
employee fails to respond to the advance notice, the proposed action will become
effective on the date specified with no need for further action.
If the employee requests a hearing on the proposed action, the Town Manager will
promptly set a date and time for the hearing and carefully consider all evidence
presented before making a decision. The decision of the Town Manager is final.
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SECTION XI - AMENDMENTS TO THE PERSONNEL RULES
A.
AMENDMENTS
Amendments or revisions of these rules and regulations may be recommended for
adoption by the Town Manager. Amendments or revisions of these rules become
effective upon approval by resolution of the Town Council.
B.
SEVERABILITY
Each section, subsection, paragraph, sentence, and clause of this policy document is
separable and severable. The invalidity of any section, subsection, paragraph, sentence,
or clause does not affect the validity of any other portion of these rules, and only any
portion declared to be invalid by a court of competent jurisdiction shall be deleted.
C.
CONFLICTING POLICIES REPEALED
All Town policies, ordinances or resolutions or department standard operating
procedures or policies that conflict with the provisions of these policies are hereby
repealed.
D.
SPECIAL NOTE
These rules and regulations are for information only. They have been written within the
framework of the Charter of the Town of Signal Mountain but in case of conflict, the
Charter takes precedence. This document is not an employment contract. It is a
statement of current policies, practices, and procedures. Nothing in this document is to
be interpreted as giving employees property rights in their jobs. All personnel policies,
rules, and regulations may be reviewed periodically. The employer reserves the right to
change any or all policies, practices, and procedures in whole or in part at any time, with
or without notice to employees.
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SECTION XII - DEFINITIONS
.
Break-in-service – Any separation from the service of the Town government, whether
by resignation, layoff, dismissal, unsatisfactory service, disability, retirement, or
unauthorized absences of three days or more without leave. Authorized leaves absence
with or without pay shall not be considered as constituting a “break-in-service.”
Breath Alcohol Technician (BAT) – An individual who instructs and assists individuals
in the alcohol testing process and operates an evidential breath-testing device (EBT).
CDL – A commercial driver’s license (CDL) required of anyone who drives a vehicle in
excess of 26,000 pounds or who carries 16 or more passengers or any size vehicle used
in the transportation of hazardous materials.
Certification – Endorsement as meeting the required minimum standards for a vacant
position.
Chain-of-custody – Refers to proving that the sample that tested positive for drugs or
alcohol is actually the sample from the employee who is accused; the method of tracking
each urine specimen to maintain control from initial collection to final disposition for such
samples and accountability at each stage of handling, testing, storing, and reporting.
Class – A group of positions that are sufficiently alike in general duties and
responsibilities to warrant the use of the same title, specifications, and pay range.
Class Specification – A written description of a class. This consists of class title, a
general statement of the work level and its distinguishing features, examples of duties,
and desirable qualifications for the class.
Classification Plan – The official or approved system of grouping positions into
appropriate classes consisting of: (1) an index to the class specification; (2) the class
specification; and (3) rules for administering the classification plan.
CMV – Commercial Motor Vehicle; any vehicle or combination of vehicles meeting the
following criteria: weighing more than 26,000 pounds; designed to transport more than
15 passengers; transporting hazardous materials required by law to be placarded,
regardless of weight; and/or classified as a school bus.
Collection Site – A place where applicants or employees present themselves to provide
a urine specimen sample that will be analyzed for the presence of drugs; may also
include a place for the administration of a breath analysis test.
Collection Site Personnel – A person who instructs donors at the collection site.
Compensation – The standard pay rates that have been established for the prospective
classes of work as set forth in the compensation plan.
Compensation Plan – The official schedule of pay approved by the Town Council,
assigning one or more pay rates to each class title.
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Compensatory Leave – Time off from work in lieu of monetary payment.
Confirmed Positive Result – The presence of an illicit substance in the pure form or its
metabolites at or above the cutoff level specified by the National Institute of Drug Abuse
identified in a test that was not determined by the appropriate medical, scientific,
professional testing, or forensic authority to have been caused by an alternate medical
explanation or technically insufficient data. An EBT result equal to or greater than 0.02 is
considered a positive result.
Continuous Service – Employment without interruption except for absences on
approved leaves or absences to serve in the U.S. armed forces.
Daughter or Son/Child – A stepchild; biological, adopted, or foster child; legal ward; or
child of a person standing in loco parentis who is under the age of 18. A child who is 18
years old or older qualifies, if he/she is incapable of self-care because of mental or
physical disability.
Demotion – Assigning an employee from one class to another that has a lower
maximum pay rate and/or rank.
Department – The primary organizational unit under the immediate charge of a
department head who reports directly to the Town Manager.
Department Head - The director or chief of a Town department.
DHHS – The Department of Health and Human Services.
Disability Leave – Paid leave that may be granted to an eligible employee who is
unable to pursue the duties of his/her position because of physical or mental impairment.
Disciplinary Action – A method of reprimanding employees for violations of the rules,
policies, or procedures and/or for unsatisfactory performance.
Dismissal – A type of disciplinary action resulting in the separation from employment
from the Town government for cause. The Town of Signal Mountain is an at-will
employer and does not have to have cause or reason to terminate an employee.
DOT – The Department of Transportation.
Driver – Refers to any person who operates any Town owned motor vehicle or
equipment. This includes, but is not limited to: full-time, regularly employed drivers;
casual, intermittent, or occasional drivers; for pre-testing employment/pre-duty testing
only, the term “driver” includes a person applying to operate a Town owned vehicles or
equipment..
Drug Tests – For alcohol testing, a drug test means a test with a result of 0.02 or
greater that provides quantitative data of alcohol concentration. For controlled
substances, drug test means an analytical procedure that uses a technique and
chemical principle to ensure reliability and accuracy with identifying the presence of a
specific drug or metabolite.
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EBT – Evidential Breath Testing used to detect alcohol usage; an instrument approved
by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing
of breath and placed on NHTSA’s “Conforming Products List of Evidential Breath
Measurement Devices.”
Eligible Applicant – A person who has successfully met requirements for employment.
Eligible Employee – Eligible employees are those who have been employed for at least
12 months, who have provided at least 1,250 hours of service during the 12 months
before Family and Medical Leave is requested.
Eligible List – A list of names of qualified applicants for appointment or promotion to
Town positions.
Emergency Appointment – An appointment made when an emergency arises and time
will not permit compliance with the personnel appointment procedures.
Employee (synonymous with “incumbent”) – The person selected to perform the
work of a position. An employee is an individual who is legally employed by the Town
and is compensated through the Town payroll for services. Individuals or groups
compensated on a fee basis are not employees.
Employee Development – Providing the training programs and opportunities for
employees to meet the skills and knowledge requirements needed to carry out their
responsibilities.
Employee Evaluation – The system of assessing the quality and quantity of an
employee’s performance.
Examination – The process of testing, evaluating, or investigating the fitness and
qualifications of applicants and employees.
Exempt Employees – The positions of the Town Manager, Department Heads, and
other positions as determined by the Town Manager and FLSA.
Fair Labor Standards Act (FLSA) – Federal legislation mandating time-and-a-half
overtime compensation for all hours worked by an employee over 40 in a workweek.
Family and Medical Leave – The excused absence with or without pay, after using sick
and annual/vacation leave, for a period of time not to exceed 12 weeks for family and/or
medical leave.
FHWA - The Federal Highway Administration.
Governing Body – The elected positions of the board of mayor and council.
Grievance – An employee’s feeling of dissatisfaction, and any differences,
disagreements, or disputes arising between an employee and his/her supervisor and/or
other employees regarding some aspect of employment, application or interpretation of
regulations and policies, or some management decision affecting the employee. A
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grievance can be something real, alleged, or a misunderstanding concerning the rules
and regulations or administrative order involving the employee’s health, safety, physical
facilities, equipment or material used, employee evaluation, promotion, transfer, layoff,
recall, and any other related item.
Hiring Authority - The Town Manager and designated Department Heads will be the
appointing authority/hiring authority for all employees, and certain other positions
specified in the code and Town Charter. The Town Manager must approve all hires/
appointments.
Immediate Family – Includes spouse, mother, father, stepmother, stepfather, children,
sister, brother, grandparents, current mother-in-law or current father-in-law, stepgrandparents, grandparents-in-law, and grandchildren. Proof of these relationships may
be required.
Job Description – A written explanation of one position or several very similar positions
that includes a title, a definition of responsibilities and essential functions, examples of
duties, and the minimum required qualifications.
Layoff – The involuntary, non-disciplinary separation of an employee from a position
due to a shortage of funds or work, abolishing a position, other material changes in the
duties or organization, or for related reasons that are outside the employee’s control and
that do not discredit the service of the employee.
Leave – An authorized absence during regularly scheduled work hours that have been
approved by proper authority. Leave may be authorized with or without pay as provided
for by these rules.
Maternity Leave – Leave granted female employees of the Town for the purpose of
pregnancy, adoption, childbirth, and nursing the infant.
Military Leave – Leave granted employees who enter the U.S. armed forces or who are
members of the reserves and required to attend an annual two (2) week training period.
MRO - A medical review officer; a licensed physician with knowledge of substance
abuse disorders used to evaluate the results of substance abuse tests.
Negative Result – The absence of an illicit substance in the pure form or its metabolites
in sufficient quantities to be identified.
Nepotism – Favoritism shown to relatives by reason of relationship rather that merit.
NHTSA - The National Highway and Traffic Safety Administration.
Non-exempt Employees – All positions in the Town service except those listed under
exempt service.
Occupational Disability or Injury Leave – An excused absence from duty because of
an injury or illness sustained in the course of employment and determined to be
compensable under the provisions of the Workers’ Compensation Law.
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Out-of-rank Pay – Compensation paid to an employee for work performed in a higher
classification.
Overtime – Authorized time worked by an employee in excess of normal working hours
or work period. Generally, overtime is paid for all hours worked over 40 during the
workweek. Public safety employees are allowed to work additional hours before overtime
pay is required.
Overtime Pay – Compensation paid to an employee for overtime work.
Pay Plan – A written plan/chart that places every job description in a pay ranking
according to knowledge, skills, and abilities. Each position may also have a designated
minimum, maximum, and mid-range level of pay.
Pay Range – One or more specific pay rates having a percentage relationship to one
another assigned to a class of positions as the compensation for that class.
Pay Rate – A specific dollar amount, expressed as either an annual rate, monthly rate,
or hourly rate.
Paternity Leave: Leave time a father takes off work at the birth or adoption of a
child.
Position – A group of duties and responsibilities assigned to one employee. A position
can be vacant or occupied.
Promotion – Assigning an employee from one class to another that has a higher pay
rate and/or rank.
Qualifications – The minimum educational, experience, and personal requirements that
must be fulfilled by a person prior to an appointment or promotion.
Reclassification – The process of reviewing the duties and responsibilities of an
existing position(s) in order to revise the job description to which the position(s) is
assigned, or moving a job description from one classification to another classification.
Refusal to Submit – (to an alcohol or controlled substances test) means that a driver
(1) failed to provide adequate breath for testing without a valid medical explanation; (2)
failed to provide adequate urine for controlled substance testing without a valid medical
explanation; or (3) engages in conduct that clearly obstructs the testing process.
Regular Full-time Employee – An individual who is scheduled to work the equivalent of
40 hours or more per week.
Regular Part-time Employee - An employee appointed to fill a vacancy or a newly
created position who regularly is scheduled to work less than 40 hours each workweek.
The employee is not entitled to benefits.
Reprimand - A type of oral or written disciplinary action denoting a violation of personnel
or departmental regulations that becomes part of the employee's personnel record.
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Safety Sensitive Position- Includes employees who regularly operate garbage trucks,
public utility trucks, equipment, fire or police vehicles in their job for the Town of Signal
Mountain.
Separation - The removal of an individual from a position either through resignation,
dismissal, layoff, disability, retirement, or death.
Serious Health Condition - An illness, injury, impairment, or physical or mental
condition involving in-patient care or continuing treatment by a health care provider.
Examples of serious health conditions include, but are not limited to: heart attacks, most
cancers, surgical procedures, strokes, severe respiratory conditions, spinal injuries, etc.
Sick Leave - An absence approved by the appointing authority or supervisor due to a
non-occupational illness or injury.
Skill Levels - A grouping of positions based on similar skills, knowledge, and ability
requirements.
Substance Abuse Professional - A licensed physician (medical doctor or doctor of
osteopathy), or a licensed or certified psychologist, social worker, employee assistance
professional, or addiction counselor (certified by the National Association of Alcoholism
and Drug Abuse Counselors Certification Commission) with knowledge of and clinical
experience in the diagnosis and treatment of alcohol and controlled substances-related
disorders.
Supervisor - An individual charged with the responsibility of a small unit of a
department.
Suspension - An enforced leave of absence for disciplinary purposes or pending an
investigation of charges made against an employee.
Trial Period Employee- - The first six months of employment or a promotion or transfer
to a new position with the Town of Signal Mountain.
Temporary Employees – Individuals who work for the Town for no more than six
continuous months during one calendar year.
Town – The Town of Signal Mountain government.
Town Manager - Person responsible for the day-to-day administration of the Town.
Vacancy - An employment position without an incumbent.
Vacation Leave - Paid leave that is granted to each eligible employee for vacation or
other personal uses.
Workday - The scheduled number of hours an employee is required to work per day.
Workweek - Typically (5) consecutive 8 hour shifts. Maybe vary depending on town
needs.
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