Standard Procedure 51
Operating Status for Town Employees
Effective:
Supersedes:
Prepared by:
Approved by:
11/10/2014
9/1/1997
Allison Hutchins, Administrative Specialist – Town Manager’s Office
Ben Shivar, Town Manager
PURPOSE:
Establish procedures to give Town of Cary employees flexibility during times of adverse weather or other
conditions at the direction of the Town Manager.
DEFINITIONS:
Key Customer Activity: Department-specific job roles, which are deemed a priority to ensure the continuity
of operations for Town of Cary customers. Key Customer Activities are jobs, not individuals.
Critical Position: Positions identified by each Department Director as critical to service delivery.
Tier 1 Operating Status: Normal operating procedures are in effect.
Tier 2 Operating Status: All Key Customer Activities will be open and available during regular business
hours.
Tier 3 Operating Status: Town of Cary is open for emergency personnel and other personnel designated
in a Critical Position. Administrative offices have suspended normal business activities.
PROCEDURE:
A. Tier 1 Operating Status: All Town of Cary employees are expected to report to their worksite on
time. Employees account for their hours of work by:
 Working at a Town of Cary worksite
 Pre-approved workplace flexibility
 Scheduled leave or other paid time off
During Tier 1, all Town of Cary offices and services will be open for business during regular
business hours.
B. Tier 2 Operating Status: Town of Cary offices and services will be open for Key Customer
Activities during regular business hours.
During a Tier 2 status, employees in non-critical positions who have safety concerns reporting to
work may take leave if approved by their Department Director. Employees in non-critical positions
must receive approval of their desire to use leave, compensatory time, or work from home (see
Note.) Such employees may use:
1) Accrued annual leave or compensatory time;
2) Leave without pay when they have no accrued annual leave or compensatory time; or
3) Flexible work schedules with Department Director approval.
Such leave requests should be granted by Department Directors after ensuring all Key Customer
Activities will be appropriately staffed. When possible, employees may be allowed to make up this
time within the same work week rather than charge it to leave.
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Note: Depending on circumstances, and on a case by case basis, employees may have the
option to work from home with the prior approval of Department Directors.
Employees in critical positions are expected to report to their worksites on-time unless otherwise
directed by their Department Director.
Guidance for Employees: Tier 2 is intended to provide employees in non-critical positions with
flexibility in times of adverse weather or other conditions that may impact an employee’s safety.
This operating status allows employees the option to take leave with Department Director
approval. Tier 2 may be in effect when adverse weather is on the horizon; for example, if a storm
is known to be approaching, an employee in a non-critical position may want to leave early to
“beat the storm.” Likewise, if roads freeze overnight, and a Tier 2 status is in effect, an employee
may want to take extra time getting to work. Tier 2 gives department directors/supervisors the
ability to grant such leave.
Guidance for Citizens:
Town of Cary offices and services will be open for business during regular business
hours. Each Department will identify Key Customer Activities and ensure each such key
activity will be staffed appropriately during regular business hours.
C. Tier 3 Operating Status: This will be in effect when the conditions are deemed by the Town
Manager unsafe for employees in non-critical positions. Only emergency operations, not Key
Customer Activities, will be in effect. Tier 3 status will only be in effect at the direction of the Town
Manager when conditions are extreme, and therefore it is not likely to be used often.
During a Tier 3 status, non-critical employees have the option to use:
1) Accrued annual leave or compensatory time;
2) Leave without pay; or
3) Flexible work schedules with Department Director approval.
Only employees in critical positions are expected to report to work on time unless otherwise
directed by their Department Director. Such employees are responsible for making arrangements
to get to work. Department Directors will work with critical position employees to ensure that
reasonable plans have been made for this eventuality. Employees in critical positions may be
transported to the work site by Town vehicles as circumstances allow and as authorized by the
Department Director. Under no circumstances shall employees in non-critical positions be
transported to work in Town vehicles.
At Town Manager discretion (Code Section 2-87(c)), employees in non-critical positions (including
employees on pre-approved paid leave) may be granted excused absence (administrative leave)
for the number of hours they were scheduled to work, unless: 1) employee is on leave without
pay or other non-pay status; 2) employee is on official travel outside the Town of Cary.
Guidance for Employees:
Employees in non-critical positions should not report to work during Tier 3 status. Employees will
be notified of changes in operating status by their Department Director.
Guidance for Citizens:
All emergency operations and services are open. Administrative offices have suspended normal
business activities.
Enclosure:
Tier 2 Checklist for Department Directors
Critical Position Notification
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TIER 2 CHECKLIST FOR DEPARTMENT DIRECTORS
Department Directors (or their designee) should develop a list of Key Customer Activities (tasks and
activities that are essential in providing a minimal level of service for each department). This list should
include activities such as the following:

Identify main phone line coverage

Front office coverage to assist citizens

Payment and/or customer service window coverage (if applicable)

Appropriate signage, if necessary, for buildings or facilities frequented by the public

Identify all employees in a department that can perform specific Key Customer Activities

If only one employee can perform a specific Key Customer Activity, that employee should sign a
Critical Position form.

Leave requests should be granted by Department Directors during Tier 2 after ensuring all Key
Customer Activities will be appropriately staffed.
In addition to developing Key Customer Activities, Department Directors should consider how changes in
operating status should be communicated to employees and implemented within the Department. Some
factors to consider include:

Department-specific employee notification plans to keep staff informed of changes to Town of
Cary operating status at the time a decision is made.

Develop expectations or guidelines for employees requesting leave during a Tier 2 event (i.e. how
will an employee notify their Department Director of their desire to use leave?)

Workplace Flexibility Approval – Department Directors can allow employees in non-critical
positions to work from home. Specific work plans must be discussed on a case by case basis.

Identify all individuals in your department who are capable of working from home (i.e. have the
technological capability currently.)
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CRITICAL POSITION NOTIFICATION AND EXPECTATIONS
DEPARTMENT: _____________________________________
This form is to clarify expectations the Town has of __Department Name__ employees during
periods of adverse weather conditions other conditions and emergency responses during which
you would normally be scheduled or requested to report to work. A copy of this form will be
placed in your file.
In accordance with SP 51: Operating Status for Town Employees, the position you hold, __
__
, is a Critical Position. As a result, during conditions designated as Tier 2 or Tier 3
by the Town manager, you are responsible for making arrangements to report to work at the
scheduled time. This may require you to make special arrangements to meet this need. As a
critical position employee, it is your responsibility to make those arrangements in order to report
to work as scheduled. The Town will make every effort to give you advance notice of required
work schedules and allow time for you to take care of family needs prior to reporting to work.
In some cases, the Town may make special arrangements for an employee’s family members
during Tier 2 or Tier 3 events as determined and approved by the Town. You are encouraged
to make your needs known to supervision in advance so attention may be given to those needs.
The Town encourages employees in "Critical Positions" to have plans in place for their families
should they be required to work during an event.
Upon activation of the applicable response plan for a designated Tier 2 of Tier 3 event, vacation
leave requests for time off during the event will be denied. Leave requests which have been
approved prior to activation Tier 2 or Tier 3 event, and with adequate notice, will be honored.
Any employee without an approved leave request who fails to report to work as scheduled will
be charged leave without pay. The use of compensatory time may be permitted provided that
the leave will not unduly disrupt operations or services. Employees must adhere to normal
notification procedures for absences.
You are reminded that “…sick leave with pay is not a right that an employee may demand, but a
privilege granted for the benefit of an employee…” (Cary Code of Ordinance – Section 292(q)(1)). When a Tier 2 or Tier 3 status has been declared, sick leave may be granted by the
employee’s supervisor with proper notification. A physician’s certificate stating the nature of the
employee’s or immediate family member’s illness will be required upon returning to work, unless
an employee has an ongoing FMLA event.
Failing to report to work on your scheduled hours during said events, without authorization, is
considered unsatisfactory job performance, as described in the Cary Code of Ordinances
(Section 2-95), and may result in disciplinary action.
Note: FMLA and ADA situations will be handled in compliance with applicable laws.
I have read, understood, and agree to the above expectations:
Employee Signature: ________________________________
Employee Name (please print): ___________________________ Date: _________
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