DEFINITION OF A TOWN
Section 2 of the Town Law defines a town as a:
"Municipal Corporation comprising the inhabitants within its boundaries, and formed for the
purpose of exercising such powers and discharging such duties of local government and
administration of public affairs as have been, or, may be conferred or imposed upon it by law."
THE TOWN BOARD
In the early days of this nation, many of the colonies established a form of government
intimately conducted and controlled by town residents. All important decisions as to the
government, taxes and other matters were decided at a meeting of the town residents, where a
vote would be taken.. Some states still follow this procedure. .
In New York State, our towns have an elective legislative body, to wit: the town board. This
legislative body has responsibility for making almost all decisions. Only in special instances is a
vote of the inhabitants of the town required.
The town board, as the executive body of the town, acts as a unit and must function as a body
(Town Law, §§60;63). An individual board member may not unilaterally act on behalf of the
town board. Thus, each town board member has no more or no less authority than any other
board member. Therefore, no board member can legally act independently of the others or
outside of the board. This means that no single member of the town board can act for or
commit the board as a body to any particular program or policy.
The town board may, by resolution, delegate to the supervisor the power and duties of
administration and supervision of town or special improvement district functions to be performed
on behalf of the town board (Town Law, §29(16)). This provision helps the town to function
between town board meetings.
GERMANTOWN TOWN BOARD MEMBERS
Town Supervisor
Joel Craig
Deputy Town Supervisor
Donald Westmore
Councilwoman
Andrea Foley
Councilwoman
Michael Mortenson
Councilman
Matthew Phelan
DEFINITION OF A GERMANTOWN TOWN EMPLOYEE
A person elected or appointed to a paid position for the Town of Germantown and paid with
town money.
Town Policy Manual
1
1.
During closed hours the heat thermostat in all Town buildings, shall be reduced to
save energy, depending on conditions 50-60 degrees.
2.
All Employees Using Time Clocks: Be advised that you should never punch another
employee's time card in or out, without department head approval. Additionally you may
not punch in any sooner than seven (7) minutes before you start work and you may not
punch out any more than seven (7) minutes after your job ends without department head
approval. Department Heads have the option of recording their employees “work times”
on Bi-weekly worksheets or requiring their employees to use the time clock.
3.
Coffee and Soft Drinks: The Town Board will provide coffee and soft drinks to highway
employees, other full-time employees, volunteers working in the Town Hall, and to
everyone at Town Board meetings, payment to come from town funds.
4.
If any town employee has a complaint or a question, they should follow procedure and
discuss it with their immediate manager/superintendent/supervisor first. If there is a
need to carry it further, the Town Supervisor should be contacted.
5.
In accordance with our investment policy, the chief fiscal officer is hereby authorized to
invest all town funds, depending on cash flow needs at The Bank of Greene County,
Germantown Branch. Invested funds shall be fully secured by insurance of the F.D.I.C.
Deposits in excess of the Federal Deposit Insurance Company (F.D.I.C.) coverage will
be secured by collateral deposited in a third party bank. The Town Board authorizes the
Town Supervisor/Fiscal Officer to enter into a written custodial agreement with the third
party bank which provides, among other things, that any rights of the custodial bank with
respect to the collateral are subordinate to the town's interests and that a town officer's
written consent is required for the release and substitution of pledged obligations.
6.
Any town department planning to purchase, within the limits of their budget, an item
exceeding the sum of $500.00 must first obtain written approval from the Town Board.
Additionally, the Town's Central Purchasing Procurement Policy and the State's
Bidding Laws must be complied with.
Exception: Highway superintendent may purchase gas/fuel, salt and ice sand without
complying to the written approval section of this policy.
7.
Financial Integrity and Accountability Policy.
The Town of Germantown will continue to maintain our present acceptable system of
internal accounting and administrative controls in accordance with the Financial
Management Guide from the Office of State Comptroller.
The Town Supervisor, as Chief Fiscal Officer will meet annually with the Town Board for
an evaluation of our system of internal accounting and administrative control.
Town Policy Manual
2
8.
Purchasing Policy:
Objectives:
A. To promote sound purchasing practices
B. To bring economics and efficiencies to our purchasing practices
C. To save tax dollars.
The accuracy of extensions on invoices will always be checked and so initialed.
Periodically at a Town Board Meeting, some bills will be selected at random
and a double check of the accuracy of the extensions will take place at that time. Two
people will sign all invoices when practical.
If the need arises, we will establish a list of acceptable and non acceptable vendors.
Our purchasing system will use the State and County Bids whenever practical and our
vouchers will so note the bid numbers for clarification purposes.
If we need to draw our own bid specifications, we will not use vendor assistance. All bid
specification packages will be reviewed by the town attorney and we will actively solicit
companies to bid.
9.
Central Purchasing-Accounting Policy: Designed for all town departments or any
official who is authorized to purchase for the Town of Germantown.
Purchasing:
A. The Town Supervisor's Staff will maintain a listing of accountable vendors and their
catalogs, who sell quality products at competitive prices.
B. Anyone who wants to purchase anything for the town (exceptions: an item that is
needed immediately or an item already bided) must review these central purchasing
catalogs to evaluate the item for the best price and quality assurance, from the list
of vendors on file.
C. Permission to purchase from a company, other than the one elected by the central
purchasing unit, must be obtained from The Town Supervisor.
Procurement Policies and Procedures
To meet the requirements of General Municipal Law Section 104-b
Purpose
Goods and services which are not required by law to be procured pursuant to
competitive bidding will be procured in a manner so as to assure the prudent and
economical use of public monies, in the best interest of the taxpayers, to facilitate the
acquisition of goods and services of maximum quality at the lowest possible cost under
the circumstances, and to guard against favoritism, improvidence, extravagance, fraud
and corruption. To further these objectives, the Germantown Town Board is adopting
internal policies and procedures governing all procurements of goods and services
Town Policy Manual
3
which are not required to be made pursuant to the competitive bidding requirements of
General Municipal Law, Section 103 or of any general, special or local law.
Procedures for Determining Whether Procurements are Subject to Bidding
The procedures for determining whether a procurement of goods and services is subject
to competitive bidding and documenting the basis for any determination that competitive
bidding is not required by law as follows:
Procedure:
In determining the necessity for competitive bidding, the aggregate cost of an item or
commodity estimated to be purchased in a fiscal year will be considered and the
competitive bidding thresholds under General Municipal Law Section 103 of $10,000 for
purchase contracts and $20,000 for contracts for public work will be followed.
Although we are not obligated by law to submit our insurance coverage and other
professional services to competitive bidding, we will obtain the best coverage and
services for the lowest costs by soliciting competitive quotes or RFP's for our desired
services.
Documentation:
Department head's Purchase Control System Form, telephone logs and memoranda,
written proposals, written summary of the facts, copies of contracts, state and county
bids, verbal quotes, email and documented notes.
Statutory Exceptions From These Policies and Procedures
Except for procurements made pursuant to General Municipal Law, Section 103(3)
(through county contracts) or Section 104 (through state contract), State Finance Law,
Section 175-b (from agencies for the blind or severely handicapped), Correction Law,
Section 186 (articles manufactured in correctional institutions), or the items expected
herein (see below), alternative proposals or quotations for goods and services shall be
secured by use of written requests for proposals, written quotations, verbal quotations or
any other method of procurement which furthers the purposes of General Municipal Law,
Section 104-b.
Methods of Competition to Be Used for Non-Bid Procurements
The methods of procurement to be used are as follows:
Solicitation of Competition/Requests for Price Quotations
Informal quotations, except for small amounts, will be obtained on all materials, supplies
or services which are not purchased through state or county contract, formal bid,
Industries for the Blind or Industries for Correctional Institutions.
Quotations will be in writing and kept on file by the department head.
Town Policy Manual
4
Identifying The Method of Competition to Be Used for Non-Bid Procurements
PURCHASE CONTRACTS
BELOW $10,000.00
Under $100
VERBAL
QUOTES
WRITTEN
QUOTES
0 3 3+
3 3+
RFP
WRITTEN/VERBAL
x
$100-$500
x
$501-$1000
x
$1001-$5000
x
$5001-$9999
x
CONTRACTS FOR PUBLIC
WORK BELOW $20,000.00
Under $1000
$1001-$5000
$5001-$10,000
x
x
x
$10,001-$19,999
x
Insurance, Professional
Services, True Leases
x
Awards to Other Than Lower Responsible Dollar Offerer
Whenever any contract is awarded to other than the lowest responsible bidder,
the reasons such an award furthers the purpose of General Municipal Law, Section
104-b as set forth herein above shall be documented as follows:
Documentation:
Past history of: late deliveries, inferior quality, inferior workmanship, non compliance
with local, state, federal laws, non compliance with labor and safety codes, an
outstanding obligation to the town.
Items Excepted From Policies and Procedures By Board
The board sets forth the following circumstances when, or types of procurements for
which, in the sole discretion of the Town Board, the solicitation of alternative proposals
or quotations will not be in the best interest of the Town of Germantown:
Town Policy Manual
5
a) emergencies where time is a crucial factor.
b) procurements for which there is no possibility of competition (sole source items).
c) procurements of professional services which because of the confidential nature of the
services, do not lend themselves to procurement through solicitation.
d) very small procurements for which solicitations of competition would not be cost
effective. For example, purchase contracts below X dollars and contracts for public
work below Y dollars.
Input from Officers
Comments concerning the policies and procedures will be solicited from officers of the
political subdivision or district therein involved in the procurement process prior to the
enactment of the policies and procedures, and will be solicited from time to time
hereafter.
Annual Review
The Town Board will annually review these policies and procedures. The Town
Supervisor shall be responsible for conducting an annual review of the procurement
policy and for an evaluation of the internal control structure established to ensure
compliance with the procurement policy.
Unintentional Failure to Comply
The unintentional failure to fully comply with the provisions of this Great Municipal Law,
Section 104-b shall not be grounds to void action taken or give rise to a cause of action
against the Town of Germantown or any officer or employee thereof.
Purchase Control System Form
Each department head is responsible for ordering from his/her department and it is
recommended that they comply with policy #9 of this manual, General Section.
Accounting:
A.
All vendors must send all invoices, vouchers, credit memos, letters, etc. to:
Town of Germantown
50 Palatine Park Road
Germantown, NY 12526
B.
The Town Supervisor's staff will be responsible to see that a date is placed on the
business papers received and that it is concluded appropriately.
C.
The Town Supervisor is obligated to notify the Town Board, at the next scheduled
meeting, of any violations of this central purchasing-accounting plan. Any town
employee, elected official or appointee to any committee or commission for the town
may purchase through this central purchasing unit providing all taxes are paid and all
laws are complied with by the official.
Town Policy Manual
6
10.
Employee Evaluation Policy:
Written employee evaluations will be performed on each employee once each year by
the appropriate supervisor responsible for the employee. The present evaluation form
attached will be used. All evaluations must be completed by December 31 of said year.
11.
Assessing Department:
Objective: To determine a fair market value of the property to be assessed.
Considerations We Use:
A.
B.
C.
D.
E.
F.
12.
Selling Price
Comparisons of other similar homes/property
Location
Common sense; a fair appraisal of the transaction
Equalization rate as a guide
Discussions are held with landowner upon their request.
FIXED ASSETS:
A. Town Supervisor is our Property Control Officer
B.
Acquiring New Fixed Assets
Our Property Control Officer will determine from invoices, donations, etc., facts
on newly acquired fixed assets and record the necessary information on our
"Property Acquisition" form and then these assets will be recorded in the Town's
Official Fixed Assets Inventory System.
C.
Deleting Old Fixed Assets
(scrapped/junked, traded-in, stolen, sold)
Any department head/custodian over a fixed asset who wants to delete said fixed
asset from the Town's Official Fixed Assets Inventory System due to anticipated
scrapping/junking, trading-in, sale or actual theft must first complete a Property
Disposition Sheet and submit it to the Town Board for approval. If approved by
the Town Board and so recorded in the minutes, the Property Control Officer will
delete said asset from the Town's Official Fixed Assets Inventory System
according to Town Board Policy. The Town Board declares a $250.00 minimum
value for the Fixed Asset List required by the Department of Audit and Control.
13.
Pursuant to Germantown Ordinance #3, the Board sets a maximum towing charge of
$60.00, and a maximum outside storage rate of $10.00 per day.
Town Policy Manual
7
14.
Underground Tanks
The Highway Superintendent and Town Supervisor, will be responsible for compliance
with all New York State Conservation Laws pertaining to underground fuel tanks on all
town property.
15.
Hiring and Management Policy for Part-time Workers
Highway Department: Highway Supt. makes the decision and manages the part-time
highway workers.
Other Town Departments: Department Head and Town Board makes the decision and
the Department Head manages the part-time worker.
Job applications are available for everyone interested. Other sources: Word of mouth,
referred leads, prisoners, court-appointed laborers, Federal "Older-Worker Program".
Lifeguards
Interviewed by the Town Supervisor and the Waterfront Director.
All qualifications and training certificates are verified and approved by the Health
Department. All weekly refresher training is done by the Waterfront Director following
State Health Department guidelines.
The Waterfront Director and Chief Lifeguard manage the lifeguards. Additionally, the
Park Commission members may act as observers throughout the summer.
Job applications are available for everyone interested. Other sources: Our main source
of recruits is our own "Learn to Swim Program". Most of our guards have completed all
swimming courses here in Germantown. We encourage the strong swimmers to
continue into Basic Rescue and Water Safety and eventually into Lifesaving. During the
instruction in these two classes, we require the students to donate time up in the
lifeguard chair working with and listening to experienced guards. If the students think
they might like to become lifeguards, we enthusiastically encourage them to continue
with us and their training.
Bookkeepers/Accountants and Secretarial Staff for the Town Supervisor
Town Board establishes the positions, budgets the money, and the Town Supervisor
sets the hourly salary for each employee, hires and manages these workers.
Job applications are available for everyone interested. Other sources: Word of mouth,
referred leads, newspaper, postings, local cable channel.
16.
If any town department needs the services of our town attorney contact our Town
Supervisor and he may make the necessary arrangements.
Town Policy Manual
8
17.
The following part-time and full-time civil service job titles, non-competitive class are
recognized and accepted by the Town of Germantown:
Town Supervisor
Deputy Town Supervisor
Town Clerk
Constable
Police Officer
Councilpersons
Confidential Secretary
Youth Recreation Director
Chief Lifeguard
Assistant to Lifeguard
Deputy Building Inspector
Historian
Police Chief
Computer Secretary
Police Sergeant
Dog Control Officers
Skilled Laborer
Assessor
Deputy Town Supervisor
Deputy Clerk
Superintendent of Highways
Confidential Administrative Assistant to the Supervisor
Deputy Superintendent of Highways
Senior Motor Equipment Operator
Senior Motor Equipment Operator I
Senior Motor Equipment Operator II
Foreman
Swimming Area Director
Lifeguard
Zoning Officer/Building Inspector
Bookkeeper
Typist
Town Justice
Administrative Secretary
Tax Collector
Laborer
Motor Equipment Operator
Maintenance Worker
Street Maintenance Foreman
Buildings/Grounds Maintenance Supervisor
Waste Water Treatment Dept. Operator
18.
Part Time Deputy Clerks: Town Board establishes the positions, sets their budget
and the Town Clerk makes the appointment and sets the salary within the budget.
19.
Building and Zoning Department
Definitions and job descriptions are described in resolution #13 of 1997 which
supercedes resolution #47 of 1989. Please see for further details.
20.
Advanced Payment of Credit Card Charges and Utilities
The Town Board authorizes the Town Supervisor to pay our credit card charges and
utility expenses prior to the town board audit in order to avoid late fees. Said bills will be
audited at the next following town board meeting.
21.
Annual Reviews
1.
2.
3.
4.
5.
6.
7.
8.
9.
Town Policy Manual
Senior Citizen Exemption Limits
Ordinance # 3
List of Service Contracts
Fixed Assets
Highway Inventory
Justice Court Dockets
Tax Collector's Accounting Records
Town Clerk's Accounting Records
Special Conditions - ZBA and Planning - TMB
9
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
22.
Employee Driver's License – records of convictions
Emergency Preparedness Plan
Park Commission Annual Accounting
Purchasing and Procurement - PM - #8 & 9
Supervisor's Internal Accounting - PM - #7
Hazardous Communication policies - PM - #47
Sample Testing - Retirement Hours Worked
Capital Reserve Accounts
Road Inspection Sheets
Petroleum Accounting Slips
Employee Health Insurance
The People's Book
Terms Of Office
Smoking Policy For The Town Of Germantown
See Also #24 Drug-Free Workplace
WHEREAS, the Town of Germantown is desirous of providing a safe and healthy place
of employment for its employees, and
WHEREAS, the Public Health Law Section 1399-0 requires the adoption of a written
smoking policy for its place of employment of town employees, and
WHEREAS, such policy must be adopted by April 1st 1990, and
NOW, THEREFORE, BE IT RESOLVED, that the following smoking policy is adopted for
places of employment for the employees of the Town of Germantown to be effective on
April 1, 1990.
Smoking Policy Of The Town Of Germantown
Smoking and spitting of tobacco products is prohibited in all indoor places of employment of
town employees and including town vehicles under the jurisdiction and control of the Town of
Germantown.
Employees are encouraged to present any concerns to their supervisor and may register a
complaint with the Germantown Town Board or the County Enforcement Officer.
The copy of this policy shall be posted upon the town bulletin board and in each separate
building in which town employees work.
Employees found in violation of this policy may be subject to the penalty prescribed by the State
Commissioner of Health and the Town of Germantown.
THIS SMOKING POLICY ADOPTED MARCH 12, 1990, RESOLUTION #38.
Town Policy Manual
10
23.
LOCAL LAW NO. 1 OF THE YEAR 1992 ENACTING A CODE OF ETHICS AND
ESTABLISHING A BOARD OF ETHICS FOR THE TOWN OF GERMANTOWN
BE IT ENACTED BY THE Town Board of the Town of Germantown as follows:
SECTION 1: Statement of Legislative Intent
The Town Board of the Town of Germantown recognizes that state statutory
provisions mandate towns to establish rules and standards of ethical conduct for public
officers and employees which, if observed, can enhance public confidence in local
government. It is vitally important to the functioning of our free institutions and the
effectiveness of our public servants that every effort be made to assure the highest caliber of
public administration of our town.. Pursuent to this objective, this local law standards of
conduct, provides for punishment of violation of such
standards and creates a board of ethics to render advisory opinions to the town's
officers and employees as provided for herein.
SECTION 2: Nature of Law
The standards, prohibited acts and procedures established herein are in addition to any
prohibited acts, conflicts of interest provisions or procedures prescribed by statutes of
the State of New York and also in addition to common law rules and judicial decisions
relating to the conduct of town officers to the extent that the same are more severe in
their application than this local law.
SECTION 3: Definitions
As used in this local law, the term "Town" shall mean any board, commission, district,
council or other agency, department or unit of government of the Town of Germantown.
The term "town employee" shall mean any officer of employee of the Town of
Germantown whether paid or unpaid, including members of any administrative board,
commission or other agency thereof, whether serving in a full-time, part-time or advisory
capacity. No person shall be deemed to be a town officer or employee solely by reason
of being a volunteer fireman or civil defense volunteer, except a Fire Chief or Assistant
Fire Chief.
SECTION 4: Rules With Respect To Conflicts Of Interest
(a) No town officer or employee shall have any interest, financial or otherwise, direct or
indirect, or engage in any business or transaction or professional activity or incur any
obligation of any nature, which is in substantial conflict with the proper discharge of his
duties in the public interest.
(b) No town officer or employee shall have an interest in any contract with the
municipality of which he is an officer or employee, whether individually or as a member
of a board, nor shall any such town officer or employee have the power to negotiate,
prepare, authorize or approve such contract or appoint an officer or employee who has
any of the powers or duties set forth herein.
(c) No chief fiscal officer, treasurer or deputy or employee of the Town shall have an
Town Policy Manual
11
interest in a bank or trust company designated as a depository of funds of the
municipality.
(d) No town officer or employee shall accept other employment which will impair his
independence of judgment in the exercise of his official duties.
(e) No town officer or employee shall accept employment or engage in any business or
professional activity which will require him to disclose confidential information which he
has gained by reason of his official position or authority. No town officer or employee
shall disclose confidential information acquired by him in the course of his official duties
or use such information to further his personal interests.
(f) No town officer or employee shall use or attempt to use his official position to secure
unwarranted privileges or exemptions for himself or others.
(g) No town officer or employee shall engage in any transaction as representative or
agent of the town with any business entity in which he has a direct or indirect financial
interest that might reasonably tend to conflict with the proper discharge of his official
duties.
(h) No town officer or employee shall conduct himself in a manner which represents a
reasonable basis for the impression that another party can improperly influence him or
unduly enjoy his favor in the performance of his official duties.
(i) Each town officer or employee shall abstain from making personal investments in
enterprises which he has reason to believe may be directly involved in decisions to be
made by him or which will otherwise create substantial conflict between his duty in the
public interest and his private interest.
(j) Each town officer of employee shall endeavor to pursue a course of conduct which
will not raise suspicion among the public that he is likely to be engaging in acts that are
in violation of his trust.
(k) No town officer or employee employed on a full-time basis nor any firm or association
of which such employee is a member nor corporation a substantial portion of the stock of
which is owned or controlled directly or indirectly by such employee, shall sell goods or
services to any person, firm, corporation or association which is licensed or whose rates
are fixed by the town in which such employee serves or is employed.
(l) Each town officer or employee shall, to the extent that he is cognizant thereof,
disclose any interest he may have in any matters pending before the Town or any
agency or board thereof.
(m) No town officer or employee shall be involved in any contractual matter affecting the
town involving a person who has been a town officer or employee within the preceding
(2) years or with any entity in which such former town officer or employee is associated.
If any contract is made under such circumstances, the Town shall have the right to
declare such contract to be null and void upon the discovery of such circumstances.
(n) No town officer or employee shall directly or indirectly solicit any gift or accept or
receive any gift having a value of Seventy Five Dollars ($75.00) or more whether in the
form of money, services, loan, travel, entertainment, hospitality, thing or promise or in
Town Policy Manual
12
any other form under such circumstances in which it could reasonably be inferred that
the gift was intended to influence him in the performance of his official duties or was
intended as a reward for any official action on his part.
SECTION 5: Disclosure of Interest
Any municipal officer or employee who has, will have, or later acquires an interest in any
actual or proposed contract with the municipality or other such matter pending before
any board or agency thereof, shall publicly disclose the nature and extent of such
interest in writing to the governing body thereof as soon as he has knowledge of such
actual or prospective interest.
SECTION 6: Violations
In addition to any penalty contained in any other provision of law, any such town officer
or employee who shall knowingly and intentionally violate any of the provisions of this
local may be fined, suspended or removed from office or employment in the manner
provided by law.
SECTION 7: Board of Ethics
(a) There is hereby established a Board of Ethics consisting of at least three (3)
members to be appointed by the Town Board, all of whom reside in the Town of
Germantown and who shall serve without compensation at the pleasure of the Town
Board of the Town of Germantown. A majority of such members shall be persons other
than town officers or employees but shall include at least one member who is an elected
or appointed town officer or employee of the Town of Germantown.
(b) The Board of Ethics established hereunder shall render advisory opinions to town
officers or employees on written request and upon the request of the Town Board make
recommendations to such Town Board as to any amendments of this local law. The
opinions of the Board of Ethics shall be advisory and confidential and in no event shall
the identity of the town officer or employee be disclosed except to authorized persons
and agencies. Such opinions shall be on the advice of council employed by the Board
of Ethics, or if none, of the Town Attorney.
(c) Such Board of Ethics upon its formation shall promulgate its own rules and
regulations as to its form and procedures and shall maintain appropriate records of its
opinions and proceedings.
SECTION 8: Administration
(a) Upon the adoption of this local law, the Town Supervisor shall cause a copy thereof
to be distributed to every officer or employee of this town. Failure to distribute any such
copy or failure of any town officer or employee to receive such copy shall have no effect
in the duty of compliance with this code, nor the enforcement of provisions hereof. The
Town Supervisor shall further cause a copy of this local law to be kept posted
conspicuously in each public building under the jurisdiction of the town. Failure to so
post this local law shall have no effect on the duty of compliance herewith, nor the
enforcement provisions hereof.
Town Policy Manual
13
(b) As soon as is practicable after the adoption of this local law, the Town Clerk shall file
a copy thereof in the office of the State Comptroller and an additional copy with the
Temporary State Commission on Local Government Ethics.
(c) The Town Board may appropriate monies from the general town funds for the
maintenance of and for personal services to the Board of Ethics established hereunder,
but such Board of Ethics may not commit the expenditure of town monies except within
the appropriations provided herein.
SECTION 9: Severability Clause
If any clause, sentence, paragraph, section or part of this local law shall be adjudged by
any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the reminder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in the controversy in which
such judgment shall have been rendered.
SECTION 10: Effective Date
This local law shall take effect immediately.
Filed with NYS 4/15/92
MEMBERS OF BOARD OF ETHICS:
Thomas Colwell, Chairman
Faith Smith
Roger Proper
24.
Town of Germantown Drug-Free Workplace
Effective March 1988, the Drug-Free Workplace Act of 1988 became applicable to
recipients of federal grants. In order to receive federal grants, the Town must certify to
the granting federal agency that it will provide a drug-free workplace in accord to the
legislation. As a recipient of federal grants, the Town of Germantown hereby complies
with the requirements of the Drug-Free Workplace Act by adopting the following policy
and drug-free awareness program:
POLICY
It is the policy of the Town of Germantown that:
The unlawful manufacture, distribution, dispensation,
possession or use of a controlled substance is
prohibited on the job or at the workplace.
Employees may be subject to civil, criminal and disciplinary penalties, including dismissal from
employment, for failure to observe this policy. (All terms in this policy shall have the meaning
and definition as set forth in the Drug-Free Workplace Act).
DRUG-FREE AWARENESS PROGRAM
Town Policy Manual
14
1)
Dangers of drug abuse in workplace - Employees with chemical dependence problems
have a major impact on productivity, staff morale and labor/management relations.
Their hidden illness is responsible for:
A)
Declining Performance
Information obtained from New York State Division of Alcoholism and Alcohol Abuse
pamphlet titled Alcohol and Drugs on the Job.
1. Poor concentration
2. Confusion in following directions
3. Noticeable change in the quality of work
4. Inability to meet deadlines
5. Errors in judgment affecting the health and safety of others
B)
Increased Costs
1. Five times the average sick and accident benefits.
2. Higher job turnover, replacement and training costs
3. Greater workers' compensation and health insurance payments
4. Three to five times more on-the-job accidents
5. Unemployment claims
C)
Absenteeism and Tardiness
1. Double the normal rate
2. Repeatedly being late for work and often leaving early
3. Extended lunch hours
4. Frequent illness and accidents both on and off the job
D)
Damaged Relationships
1. emotional outbursts, overreaction to criticism, mood swings, complaints from coworkers, associates and the public often leading to damaged relations
2)
Town's policy of maintaining a Drug-Free Workplace - It is stated policy of the Town of
Germantown to maintain a drug-free workplace as required by the Drug-Free Workplace
Act by prohibiting the unlawful manufacture, distribution, dispensation, possession or
use of a controlled substance in the workplace of the Town of Germantown.
3)
Availability of Drug Counseling and Rehabilitation - Attached hereto is a list of available
drug counseling and rehabilitation programs located within the County of Columbia.
4)
Sanctions - Employees who violate the Town's policy of maintaining a drug-free
workplace will be subject to criminal, civil and disciplinary penalties, including dismissal
from employment.
Town Policy Manual
15
SCOPE OF POLICY
All employees of the Town of Germantown, including those engaged in the performance of
federal grants, shall be given a copy of the Town's policy.
EMPLOYEE RESPONSIBILITY
All employees are hereby notified that as a condition of employment, employee's are required
to:
1. Abide by the terms of this new policy
2. Notify the Attorney for the Town of Germantown of any criminal drug statute
convictions for a violation occurring in the workplace no later than five (5) days after the
employee's conviction.
TOWN RESPONSIBILITY
The Town must notify the granting agency within ten days after receiving notice from an
employee of such conviction or otherwise receiving actual notice of such conviction.
Within 30 days after receiving notice of such employee's conviction, the Town shall either:
1. Take appropriate personnel action against such employee up to and including
termination from employment, or;
2. Require such employee to satisfactorily participate in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state or local health, law
enforcement or other appropriate agency.
CONTINUING RESPONSIBILITIES
The Town shall make a good faith effort to continue to maintain a drug-free workplace through
the implementation of the requirements contained in the Drug-Free Workplace Act.
If there are any questions regarding this policy, please contact the Town Supervisor's Office.
ORGANIZATIONS THAT CAN PROVIDE HELP/REFERRAL IN COLUMBIA COUNTY
Catholic Family and Community Services
Within Reach Drug Program
431 East Allen Street
Hudson, NY 12534
828-8600 Director: Agnes Donlon
Twin County Alcohol & Substance Abuse Services
315 Warren Street
Hudson, NY 12534
828-9300 Director: Don Spitz
Town Policy Manual
16
25.
Emergency Preparedness Plan
Reviewed, Adopted and Copy Attached.
26.
Germantown Building/Zoning Department Policy
All complaints alleged by one person against another must be in writing to the Building
Department and signed by the complainant.
a)
A copy may be shown/given to the parties involved by the Building Department.
b)
A simple valid question or inquiry is exempt from this policy.
The Building Department personnel will respond to each item in the complaint letter and
so note his/her findings. All materials will be kept on file and attached to his/her monthly
report to the Town Board.
a)
The first obligation of the Building Department employee will be to check the law
that may apply to the situation and make copies for all parties.
b)
If the Building Department Personnel attempts to make any suggestions to either
party to resolve the conflict, the Building Department personnel must make it very
clear that it is a suggestion only and not a section of law.
Town Policy Manual
17
27.
The Town Owned Police Patrol Cars, Units 4C41 and 4C42, are to be used for police
work in the Town of Germantown only, with the following exceptions:
a)
b)
c)
27a.
Police business within and outside Columbia County when approved by
the Commissioner
Speed Limit Pursuit of a driver and vehicle who has broken the law,
Commissioner notified
Dispatched Backup to other police agencies, Commissioner notified.
Pursuit of a Vehicle
If another vehicle fails to stop for your red emergency lights obtain the plate number if
possible, and follow within the speed limit pursuant to the authority in V&T Law Section
1104 and 1144 B.
27b.
Regular Patrol Shift
A. Stop at the police office before and after each shift.
B. All police officers will sign on duty and off duty in the police blotter.
C. Check the communications basket for any messages.
D. All complaints received, whether from a resident or a dispatcher will be logged
separately in the police blotter, even if the complaint was turned over to another
police agency.
E. Keep up with your reading obligations in the police blotter, memos and informational
bulletins.
F. If you feel you would like another town police officer, call him and go together.
G. If you feel you need the state police or sheriff's department, call for backup.
Remember, backup means you backup and call yourself. Use backup.
H. Any call that a town officer responds to that is serious in nature, contact and advise
the Commissioner of Police when time permits.
I. Any and all complaints received will be written up on an incident report and left in the
police office at the end of each shift.
J. Each town police officer will follow up on his/her complaint or make sure the
complaint was turned over to the proper agency. The officer will keep the
complainant informed as much as is practical.
K. Check all town properties and parks while on duty and enforce park rules and
regulations.
L. The driver of 4C41 or 4C42 has authority over the dispatcher; if the driver wants to
use a more precautionary code in responding to a scene he/she should do so.
Town Policy Manual
18
However, the driver must always comply to the New York State V&T Law Section
1104 & 1144 B.
M. Town police officers shall not change, replace or work on the vehicles or equipment in
or on the town police vehicles without the permission of the Commissioner. The
Town Board shall have the final decision on all repairs to the patrol vehicle over
$500.00.
27c.
Court Officer And Duties For Court Officer
A. The Police Department will provide the Germantown Justice Court with Court Officer
coverage while in session.
B. Check with judges first, then answer complaints or a poll from 911.
C. Check Docket for any complaints that need follow up.
D. Assist the judges with whatever they might request.
E. Read memos on bulletin board, desk, shelving, etc.
27d.
"Off-Duty"-Germantown Police Officer
A. No non-emergency type, complaint will be answered unless totally free to do so.
Simply send a deputy sheriff or a state trooper.
B. If it is a non-emergency ordinance call, it may wait for a scheduled town police patrol
for court night.
27e.
Night Hours - School Grounds
A. If the individual is not violating a state or local law, obtain the I.D. of the individual on
the ground in violation of school board policy and contact the school superintendent
during school hours.
B. If anyone feels an individual is trespassing on school grounds and wants to sign an
information/complaint, direct them to the school superintendent.
C. Town police officers will only take signed information/complaints for trespassing, from
the school superintendent.
27f.
Chain Of Command
A. Police Commissioner makes the decisions and manages the town police officers.
B. All town police officers will report to the Police Commissioner and whom the
Commissioner directs.
C. Any town police officer with a suggestion or complaint, may fill out a "suggestioncomplaint" form & forward it to the commissioner.
Town Policy Manual
19
27g.
Caliber Of Hand Gun and Shotgun Ammunition To Be Used By Town Police While
On Duty:
A. The largest caliber ammunition that will be used by any Germantown Town Police
while in their course of employment will be 40 Caliber or 9 M.M.
B. All town police officers must register with the Police Commissioner the weapons
they desire to carry/use on duty. Each police officer must additionally complete an
annual range certification with those registered guns.
C. All town police officers will use ammunition specified by the Commissioner in their
handguns. Only slugs and OO buckshot ammunition are authorized to be carried in
shotguns.
27h.
GERMANTOWN POLICE DEPARTMENT’S POLICY REGARDING USE OF FORCE
USE OF FORCE
Scrutiny by the Courts and the tremendous increase in law suits against police agencies have
placed increased significance on police policy dealing with the use of force. These policies
MUST be equal to or more stringent than the provisions found in Article 35 of the New York
State Penal Law. This article of the manual will deal with all types of force and authorized
weapons used by the Germantown Police Department. The terms “member” and “officer”,
means sworn employees of the Germantown Police Department.
BACKGROUND
Perhaps the gravest decision any Police Officer may face in his or her career is whether or not
to use a firearm against another person. To a lessor degree, a member must always consider
when force is legal and to what extent the use of force is applied. At times, that decision must
be made in fractions of seconds, with little time for discussion, consideration or the election of
alternatives. As a professional police officer, we must do our best to protect human life and
avoid the use of force, especially the use of firearms, unless it is absolutely necessary.
Nonetheless, the use of physical force and deadly physical force in making an arrest,
terminating a crime or preventing an escape from custody may be justified under the Penal
Law’s Defense of Justification.
General Rules Concerning the Use of Force
The following general rules apply to the use of force by members of the Germantown Police
Department.
1.
Officers will use physical force only when the exercise of persuasion, advice, and
warning is found to be of no avail to obtain public cooperation to an extent necessary to
secure observance of law or to restore order, and to use only that force which is
necessary to achieve a police objective. All members shall thoroughly study the
provisions of Article 35 (Defense of Justification) of the New York State Penal Law. All
OFFICERS will receive annual training on the use of force using a training outline
approved by the Police Commissioner
Town Policy Manual
20
2.
When force is used, it will be consistent with New York State Law, the policies
and procedures described in this manual, and in-service training. Whenever
possible, the lowest level of force will be used to gain control and compliance
(see figure 1).
3.
Only issued or approved equipment will be carried on duty when applying physical force,
except in emergency situations when an officer must use any resources available to him
or her.
4.
Use of restraining devices on all prisoners is mandatory, unless in the officer’s
judgement, unusual circumstances exist which may make the use of restraining devices
impossible or unnecessary (i.e., the prisoner is very elderly or unconscious).
If physical force is used AND injury is claimed OR suspected, the member shall
immediately evaluate the need for medical attention or treatment for the person upon
whom physical force was used, and will arrange for treatment if the person is injured or
complains of injury or discomfort. Persons who are obviously injured but who refuse
treatment will be transported, by rescue squad if needed, to a medical facility where the
refusal will be made a matter of record.
5.
If physical force is used AND injury is claimed OR suspected, the member shall
immediately evaluate the need for medical attention or treatment for the person upon
whom the physical force was used, and will arrange for treatment if the person is injured
or complains of injury or discomfort. Persons who are obviously injured but who refuse
treatment will be transported, by rescue squad if needed, to a medical facility where the
refusal will be made a matter of record.
6.
If any type of physical force is used AND the use of force results in injury, the
Commissioner will be immediately notified.
7.
The member involved shall prepare and submit required reports.
Definition of Deadly Physical Force
Deadly physical force as used in this manual is defined as that force which is readily capable to
cause death or serious physical injury or which creates some specified degree of risk that a
reasonable and prudent person would consider likely to cause death or serious physical injury.
When discharging a bullet, firearms are considered a source of deadly physical force.
Town Policy Manual
21
USE OF FORCE MODEL
The following use of force model is taken from the Federal Law Enforcement Training Center
Use of Force Model.
Assaultive
(Serious Physical injury/Death)
V
Assaultive
(Physical Injury)
IV
Resistant
(Active)
III
Resistant
(Passive)
II
Compliant
(Co-operative)
Reasonable Officer’s Perception
Deadly Physical Force
I
Defensive Tactics
Baton OC Spray
OC Spray
Compliance Techniques
Contact Controls
Communications
Skills
Enforcement
Electives
Reasonable Officer’s Response
(FIGURE 1)
The above Model describes the progression of and de-escalation of force based upon the
demonstrated level of compliance or resistance from a subject. Ideally, each encounter flows in
a logical sequence of cause and effect based upon a member’s reasonable perception of risk.
A member has the option to escalate, de-escalate or maintain a level of appropriate force until
complete control of the subject is gained.
Town Policy Manual
22
Enforcement Electives
Refer to Figure 1, the Use of Force Model. The Enforcement Electives (center) column
represents the potential levels of alertness or threat perception that can be present at any stage
of an encounter. The following chart explains the five levels:
Enforcement Elective
Level
Level of Action or Alertness
I
This is the lowest level of activity in the Model. This level of
perception included day-to-day, non-threatening type of activities in
policing. Most of these encounters involve verbal skills with
compliant suspects.
II
At this level in the Model, there is usually additional subject
behavior, which categorizes the person as a passive resistor who
may require a slight increase in verbal or physical response by the
member.
III
This level signals a need for increased officer alertness due to a
recognized threat of danger because of active subject resistance.
A variety of compliance techniques may be used to handle these
situations, including the use of OC Spray.
IV
This level denotes an assessment of imminent physical injury to the
member or others. The member may direct energy and tactics
toward self defense or threat elimination.
V
This is the highest level of threat, that is imminent serious physical
injury or death to the officer or other persons. It also included those
situations described in Penal Law Article 35 that apply to the
termination of certain crimes. The member must maintain the
highest level of risk assessment and be prepared to use survival
skill.
Reasonable Officer’s Perception
Refer to the Use of Force Model, Figure 1. The following is an explanation of the terms used in
the “Reasonable Officer’s Perception” (first) column of the model.
Compliant (Co-operative)
Level I
The majority of police/citizen encounters involve cooperative compliance in response to lawful
police requests or directions. The likelihood of a physical response is minimal.
Resistant (Passive)
Level II
During some encounters, a subject may display low levels of non-compliance. At this stage, the
subject is generally not combative but requires some degree of physical contact by the officer in
order to elicit compliance. For example, a subject verbally refuses to go with the officer
Town Policy Manual
23
following a lawful arrest. The subject offers no physical resistance other than to sit down and
remain seated. This subject would be at the passive resistant level on the model because the
subject is resisting, but using no force and/or energy to enhance the non-compliance.
Resistant (Active)
Level III
At this level, the scope and intensity of the subject’s resistance has increased. Indifference to
control has changed and the subject has exhibited physical defiance. For example, during an
arrest, the subject grabs onto the steering wheel of the car to prevent extraction from the
vehicle. The subject would be classified at the active resistant level on the Model because the
subject is using force and/or energy to maintain resistance.
Assaultive (Physical Injury)
Level IV
The officer is met with active, hostile resistance whereby an actual attack upon the officer or
another person, whether in response to the officer’s attempt to gain lawful compliance from the
subject or as an unprovoked attack, has occurred.
Assaultive (Deadly Physical Force) Level V
This category represents the least encountered but most serious threat to officer safety. The
officer’s objective and reasonable perception is that he, she or another person is subject to
imminent death or serious physical injury as a result of the circumstances and/or nature of an
attack. It also applies to those circumstances described in Penal Law Article 35 when deadly
physical force may be used to terminate a crime or prevent an escape.
Reasonable Officer’s Response
Refer to the Use of Force Model, Figure 1. The following is an explanation of the terms used in
the “Reasonable Officer’s Response” (third) column of the model and the officer-initiated control
alternatives based upon the appropriate perception and selection of force directed at the level of
action displayed by the subject.
Town Policy Manual
24
Communications Skills
Level I
This level included fundamental verbal skills and strategies that are available to the officer. In
addition, the physical presence of the uniformed officer can be included in this category.
Contact Controls
Level II
When confronted with a subject demonstrating passive resistant behavior, the officer uses lowlevel physical tactics to gain control and cooperation. These tactics can be psychologically
manipulative as well as physical, and can include additional verbal persuasion skills, and escort
positions. For example, if a person who is to be placed under arrest refuses to cooperate with
the officer, but remains at the lowest level on the resistance scale and is passive in the refusal,
the officer would most likely respond with contact controls. The officer could initiate controlled
contact with the individual and direct compliance.
Compliance Techniques
Level III
When the subject becomes actively resistant, the officer uses physical control tactics of
sufficient force to overcome the active resistance and remains vigilant for more aggressive
behavior from the subject. Examples include come-along holds, pressure point applications,
joint locks, relative positioning strategies, take downs and chemical agents (OC Spray).
Defensive Tactics
Level IV
At this stage, the subject attempts to assault the officer or another person. The officer is
justified in taking appropriate physical action to immediately stop the assaultive action and to
gain and maintain control of the subject. Examples include blocking and striking maneuvers
and impact weapon techniques. Naturally, chemical agents may also be considered as a viable
option to counter the assaultive action.
Deadly Physical Force
Level V
When an officer is confronted with an assault that reaches the ultimate degree of danger,
immediate tactics must be used to stop the threat of death or serious physical injury in order to
secure compliance and control. Examples include the lawful discharge of a firearm and other
forms of deadly force. Under certain circumstances as described in the Penal Law Article 35,
deadly physical force may be used to terminate certain serious crimes in progress and to
prevent certain escapes. IT IS MANDATORY THAT EACH YEAR ALL OFFICERS RECEIVE
TRAINING ON THE USE OF DEADLY PHYSICAL FORCE.
APPROVED WEAPONS
Only weapons authorized in the following section or as specifically authorized by the
Commissioner may be carried on-duty by Police Officers. The term “hand gun” refers to any
firearm described in Penal Law Section 265.00 paragraph 3.
Town Policy Manual
25
Firearms - All Types
The following general rules apply to all handguns, rifles and shotguns.
1.
All officers when required to do so shall carry authorized firearms. No other firearm
personally owned or other wise, may be carried while an officer is on duty.
2.
Officers carrying a firearm must be qualified with the specific type of firearm by a
firearms instructor.
3.
The Commissioner may permit an officer to carry a personally owned firearm while on
duty when:
-
They have been certified by a firearms instructor (C.C.S.O.) with the actual
personally owned firearm.
The Commissioner approves the make, model, type and caliber. Cost of
ammunition for training and on-duty use, must be born by the officer.
4.
All members authorized to carry a firearm on-duty MUST have successfully participated
in a course of instruction regarding "Justification - Use of Force" (Article 35, New York
State Penal Law, Instructed by C.C.S.O.).
5.
The responsibility for ANY use of a firearm shall be borne by the officer who fires the
weapon. In considering the use of firearms, understand that you alone are responsible
for your acts, and that you may be required to justify your actions in court. You are
never required to retreat in lieu of the justifiable use of deadly physical force.
6.
The carrying of firearms is necessitated by the nature of the duties performed by the
officer.
7.
Whenever a member discharges a firearm on-duty (or off-duty acting in the official
capacity as a police officer), he or she will immediately report the facts and
circumstances to the Police Commissioner in writing on the Germantown Police
Department Use of Firearm Report through the proper channels, (Police Consultant)
except under circumstances such as target, competitive shooting or annual qualification.
The officer at the officer’s earliest convenience will also complete an incident report.
8.
No member of this Office will fire warning shots. However, when circumstances permit,
a clear and concise warning MUST be given before a shot is fired at another person.
“STOP - POLICE!” is a sample warning.
9.
No member of this Department will fire at, or from, a moving vehicle, except as the
ultimate measure of self-defense or defense of another.
10.
Dry firing or racking the action is prohibited in or on any department premises or vehicle,
except under the personal direction of a firearms instructor. Weapons will be cleared
and loaded outside of any Germantown Town Building.
Town Policy Manual
26
11.
Members of the Germantown Police Department shall draw their firearms while
on duty in a manner consistent with their training, experience and the Policies
and Procedures of this Department. It is not possible to itemize each circumstance under
which a firearm might be drawn, but all members of the Germantown Police Department
must be fully cognizant that any resultant use must be fully justified under Article 35.
Unwarranted or unnecessary display of the firearm is expressly forbidden. In addition,
members of the Germantown Police Department may draw their firearm for official
inspections, cleaning, and training functions.
12.
Firearms being carried while on-duty will not be removed from one’s person unless it is
secured in a closet, cabinet, desk, locker, etc. No firearm, ammunition, OC spray, knife
or other weapon will be taken into the Corrections Section of the Columbia County
Public Safety Facility. The in-take garage of the Corrections Section is equipped with
lockers for weapons storage by any armed individual who must enter the Corrections
Section.
13.
Except when training, a Use of Firearms Report MUST be submitted whenever a firearm
(on duty or off-duty in the capacity of a Police Officer off-duty) is discharged. Members
may discharge their firearms in an emergency situation as a distress signal when in
need of assistance.
14.
The shooting of an animal is permitted:
For self-defense
To prevent substantial harm to the officer or another.
When the animal is so badly injured that humanity requires that it be destroyed to
prevent further suffering.
For domestic animals, every effort must be made to locate and identify the owner. If the
owner is unknown or can not be located, then a Veterinary Physician should be
contacted. Whenever possible, request assistance from agencies responsible for
destroying animals, such as the Humane Society, EnCon Police, Animal Control
Officers, etc. If possible, obtain written consent from the owner or a statement from two
witnesses before destroying a domestic animal.
15.
Firearms will be cleaned periodically and lightly oiled as described during in-service
firearms training. CARE MUST BE TAKEN NOT TO OIL FIREARMS WITH
PENETRATING OIL. Penetrating oil will invade the ammunition primers and can cause
a round not to discharge when needed.
16.
Before loading a firearm, check the barrel for any obstruction.
Handguns
The following additional rules apply to firearms defined in PL 265.00 (3) owned or possessed by
Germantown Police Officers:
1.
If a member possesses a handgun, he or she MUST possess a valid New York State
Pistol license and the license must reflect all pistols possessed by the employee.
UNDER NO CIRCUMSTANCE will a firearm (Penal Law definition) be purchased on the
authority of the Germantown Police Department Badge. Procedures as established by
the Surrogate’s Office will be followed for all firearm acquisitions and disposal. If when
Town Policy Manual
27
appointed, a Police Officer does not possess a valid New York State Pistol license, he or
she MUST apply for a pistol license, but may carry a handgun on the authority of his/her
police badge until their pistol license is received. ALL members must maintain a
photostatic copy of the most recently amended pistol license in their personal folder.
2.
Uniformed members, whose duties require the carrying of a handgun while on duty, shall
carry their firearm fully loaded (chamber and magazine) on their strong-arm side. They
shall carry two additional fully loaded magazines for their firearm.
3.
Members shall immediately report the loss, theft, sale or disposal of any handgun on
their pistol license.
4.
Whenever a Germantown Police Officer operates the Town of Germantown Police Car,
whether on or off duty, the officer will carry his or her firearm.
Long Guns
No rifle or shotgun will be carried on duty by any Police Officer unless approved by the Police
Commissioner.
Chemical Agents
The chemical agent approved for use by the Germantown Police Department is Oleoresin
Capsicum and is referred to as “OC spray.”
A situation may arise where it is necessary for a Police Officer to use OC spray as part of the
legal application of force as described in the Use of Force Model (Figure 1). The purpose of this
section is to insure that there is an understanding about the use of OC spray and its limitations.
These guidelines establish basic procedures for the use of OC spray.
Description of OC Spray
OC is an organically based non-lethal aerosol weapon designed to incapacitate an attacker
usually with no after effects. OC usually immobilizes a human or animal for up to 45 minutes,
regardless of size and strength. The OC formulation is based upon Oleoresin Capsicum, a
powerful inflammatory agent that occurs naturally in cayenne peppers.
Effect of OC Spray
OC is an INFLAMMATORY agent that will cause mucous membranes to swell, producing an
immediate closing of the eyes, uncontrollable coughing, gagging and gasping for breath. OC
also produces a sensation of intense burning of the skin. Those psychological effects normally
produce a compliant subject who has lost coordination and upper body motor control, thereby
precluding any further aggressive behavior. Your subject can be restrained/controlled with
minimum physical contact. This reduces the risk of injury for the OC user and the person
restrained. OC produces no lasting side effects (beyond 45 minutes). If a person takes longer
than 45 minutes to recover, medical personnel should evaluate them. Like any use of force
injury, if the subject requests medical treatment, they should be immediately taken to a medical
facility, by rescue squad if needed, for examination.
Town Policy Manual
28
Procedure for Use
Police Officers shall receive 8 hours training in the use of OC spray prior to being permitted to
carry or use it on or off duty. Officers are issued an OC canister, which is carried on the person
in a holster or pocket. The OC canister will be the responsibility of the individual officer to keep
safe and within his/her control while on or off duty. Through training, officers have learned how
to evaluate circumstances where OC may be used when lesser types of force options are
ineffective. The use of OC spray is restricted to:
-
Circumstances authorized by law; and,
The level of force used is a reasonable officer response to the actions of the
subject, thereby accomplishing a lawful task.
OC spray may be used at the officer's discretion under the following circumstances:
1.
2.
3.
4.
When necessary to defend himself/herself or others;
To effect an arrest;
To prevent the commission of a public offense; and,
When lower levels of force are deemed ineffective.
OC produces a cone shaped spray to incapacitate a person up to eight (8) feet away. The
following instructions apply to its use:
(From manufacturer’s label)
1.
2.
3.
4.
5.
6.
OC spray must always be used in an upright position. Use two (2) one-second bursts.
The spray should be directed at the subject’s face (eyes, nose and mouth). The working
range of the spray is from two feet to eight feet. The minimum range is eighteen inches.
Wind and weather conditions are factors that should be considered when using OC
spray.
If possible, avoid use in a confined area. Use only with adequate air supply.
Never discharge into the wind.
Extreme caution should be exercised when using OC spray against a person who has a
reduced sensitivity to pain. If such a person is not disabled with OC, they may react with
violence.
Officers should routinely practice use and handling of the OC canister to develop
proficiency in its use in order to prepare for circumstances which are dangerous or which
require rapid handling of the OC canister. Officers should routinely test fire their OC
canister every 3 months, outdoors in an appropriate and safe area, to check
pressurization and spray pattern.
REQUIRED REPORTS
1.
Officers are required to complete a detailed incident report whenever OC spray is used
and make the appropriate notification to supervisory personnel as soon as possible.
Town Policy Manual
29
27i.
Germantown Police Department’s Policy Regarding Evidence Procedures
Evidence Procedures:
The process for handling found, recovered or evidentiary property is a critical aspect of
professional police work. The evidence procedures of the Germantown Police Department are
established to maintain the necessary chain of custody of evidence for criminal cases, and to
guard the integrity of the department’s personnel. The following procedures outline the
handling, security and disposition of all non-department property that is lawfully obtained by any
officer of the Germantown Police Department, while acting in an official capacity.
A Germantown Police property receipt will be completed whenever property officially comes into
the possession of this department and the owner of said property is known. This applies to all
evidence, seized assets and found property. Officers should include the date, blotter number,
owner’s name and address, and a detailed description of the property as well as the reason it
was received. The owner or custodian of the property that was received should sign next to
“PERSON RECEIVED FROM” on the form. If the person is unable to or refuses to sign, the
officer should note this fact on the receipt and detail the reason in his or her report. A copy of
the receipt may be given to the owner of said property.
An evidence sheet will be filled out and attached to all property that officially comes into the
department’s possession. The officer should itemize and describe each piece of property on
this report under the “CONTENTS” section. If there is more than one item, the items should be
noted as a different item number and stored together in the same bag or container with the
evidence sheet attached. If the officer feels the property should be stored separately, (i.e. the
property is too big to be grouped together) another evidence sheet should be completed. In this
case, the officer, under the “PROP. INVENTORY #” section, should assign a different number
for each evidence sheet pertaining to the same blotter or case number.
Evidence Procedures Continued:
All property held as evidence shall be stored safely and securely in the designated evidence
areas. Said property shall have a properly filled out evidence sheet attached to it. Officers
should temporarily secure evidence in the office by locking it in the patrol cabinet. The officer
shall notify an evidence custodian by note or memo that evidence has been secured for the
custodian can log the item(s) into one of the long-term evidence storage areas at his or her
earliest conveniences. If an officer obtains evidence that is too big to be temporarily secured,
an evidence custodian should be called in to assist.
Evidence Custodians:
The Germantown Police Department will utilize two sworn police officers to serve as the
evidence custodians. The department head will designate which two officers will be evidence
custodians. The evidence custodians will be responsible for the proper storage and handling of
all evidence, as well as maintaining the evidence log.
A separate log shall be kept for all property that is introduced and/or removed from the evidence
areas. This log shall be kept in a bound notebook and labeled as “Evidence Log”. The
evidence log shall be stored in a secured area. All log entries shall include the date, case
number and a brief description of the item. When an item is removed from evidence, the status
of the item shall be noted, (i.e. destroyed, out for trial, returned to owner…etc.) and a brief
supplemental report filled out and added to the case file.
Town Policy Manual
30
It is very important that these procedures are carefully followed and the movement of evidence
is well documented to maintain its integrity. Evidence custodians should annually inquire on the
status of all evidence with the assistance of the case officer and department supervisor.
Evidence retained for cases that have been disposed of and past the window for appeal, shall
be returned to the lawful owner, or properly destroyed. The Office of the District Attorney should
be consulted if the status of a case is not known.
27j.
Duties Of Dog Control Officers In New York State:
1. Impounding all unleashed/unwanted, unlicensed/untagged and injured/unknown
owners. Providing proper food, care and perhaps disposal. The Town Board contracts
with Pine Plains Veterinary Associates, P.C. in order to help meet this obligation.
2. Must complete legal paperwork to comply with Article 7 of the Agriculture and
Markets Law. The Society will complete the necessary paperwork on all dogs either
picked up or brought to the shelter but our Dog Control Officers must sign this paperwork
within 24 hours. Additionally, the Town's DCO must complete Town paper work
identified as Dog Control Policy and Seizure & Disposition of Dog.
3.
Dog Control Policy
Adopted by the Germantown Town Board January 10, 2000 and incorporated into the Townwide Policy Manual. This policy is legally supported by Germantown Ordinance #6.
Dogs that have violated the Animal Control Ordinance #6
Date ____________ Time ___________
Location Dog was found _____________________________
DESCRIPTION OF DOG: Breed __________________
Sex _____
Color ______________
Owner/Harborer of Record and Address: ____________________________________________________
Recovered Lost Dog
Costs to the Dog Owner
_____ Dog License Tag
was attached # ____________
_____ $305.00 Humane Society Charge
to the Town
_____ Dog had no
identification tag
_____ $75.00 Town Charge for collecting
and transporting dog
_____ Temporary Kennel Charge in
Town Kennel $10.00 per day
_____ Additional Town Charge, per hr.
for extra time involved in collecting
the dog.
Town Policy Manual
31
NOTE: The Humane Society probably
will be giving you a separate bill for
additional costs of their own.
$ ______________
Total bill due Town of Germantown
SEIZURE AND DISPOSITION OF DOG
Reason for Seizure: _____________________________________________________
Person who transported Dog: ______________________________________________
Vehicle used for transporting_______________________________________________
Hours involved on this case________________________________________________
NOTES:
______________________________________
Signature of Town Employee
Redemption Procedures If Dog Is Not At The Humane Society
I hereby certify that I am the owner or harborer of this dog, that I accept possession of
this dog, that I hereby release and waive any/all rights against the Town of Germantown which I
may have now or in the future, that I promise to license this dog within 72 hours if not licensed
already, and that I will pay the Town of Germantown $_________________ for fees itemized
on the reverse side of this street.
___________________________________
I acknowledge receipt of above described dog
Signature of Owner/Harborer
___________________
Date
*************************************************************************************************
4. If we locate the owner of the dog and they are unwilling to pay the pickup fee or other
related fees, we must charge them under our Animal Control Ordinance in order to get
reimbursed for these fees.
27k.
Germantown Police Officer's Code of Professional Conduct
Item #1
In order to avoid both the creation and the appearance of a "double standard of discipline"
within the Germantown Police Department, there should be no traffic ticket reductions,
dismissals, nor ticket withdrawals by Germantown Police Officers without valid reasons.
However, there are rare occasions when discipline, in the interest of justice and fairness is best
served by a police officer reducing, dismissing, or withdrawing his/her traffic ticket in lieu of
other disciplinary action. The Police Commissioner will be notified in writing by the Officer of
any of these situations.
Town Policy Manual
32
Item #2
There shall be no substitution of, or a reduction of, any charges in the field for any reason by a
Germantown Police Officer.
Item #3
On rare occasions a warning may be more useful, beneficial, and may accomplish more than
an arrest.
A)
These rare warnings shall not be based on favoritism, friendship, relationship,
nor financial gain.
B)
These rare warnings should be done discreetly so that others will not have the
opportunity to discuss the specifics throughout the community. The Police
Commissioner will be notified in writing by the Officer of any warning given in lieu
of an arrest.
C)
No warnings in lieu of arrest shall be given for misdemeanors or felonies.
D)
Always remember police work is a career not a game. You are constantly
watched and will be held liable for your poor judgment and actions.
Item #4
A)
A Police Officer is a role model and can not expect respect until you earn it. In
order to receive respect, you must show it towards others. You can not enforce
laws that you yourself do not obey.
B)
Smoking in any town owned vehicle and unlawful area is prohibited. Smoking on
duty should be limited to an area where you are by yourself and your smoke will
not touch others.
C)
Be professional, alert and courteous. Use only polite and considerate language
in the exercise of your duties. Make positive public relations an active part of
daily duties and be tactful when dealing with the public.
D)
Participate in all required in-service training.
Town Policy Manual
33
Item #5
The Germantown Police Patrol Cars shall be treated as if they were your own cars. The oil
must be checked before each tour of duty and any problems noted. The cars must be kept
clean; this means periodically washing the exterior and wiping down the interior. A quick interior
waste pickup and refueling of units 4C41 and 4C42 will be the responsibility of the police officer
who uses it before he/she leaves their shift and his/her responsibility to notify the Commissioner
regarding restocking of equipment used. If you find anything wrong with the police vehicles,
equipment, building or office supplies, contact the Commissioner. Town police officers will not
change, replace or work on the vehicles or equipment in or on the town police vehicles without
the permission of the Commissioner. The Town Board shall have the final decision on any
repairs over $500 to the patrol vehicles. The cars shall always be driven in a professional
manner.
27l.
Police Department Uniforms
1.
2.
27m.
Regular dress uniforms to be specified/issued by the Town.
Inclement weather - Emergency call-outs - Search and Rescue, field uniforms
* cap and short jacket as specified/issued by the Town
* black trousers and footwear as specified by the Town
Use Of A Tape Recorder For Protection
Germantown Police Officers will tape, on a pocket tape recorder all conversations
between them and the public that may become disciplinary in nature. Said tapes along
with a paper trail log of disciplinary tape discussions shall be secured in the Police Office
until advised to destroy by the Commissioner. Cost of recorder and tapes will be a Town
expense.
Town Policy Manual
34
28.
Use Of Town Garage & Equipment Wash Building
Any town employee or appointee of any town committee/board, or elected official may
use the Town Garage and the new Equipment Wash Building as long as they receive
permission from the Highway Superintendent/Deputy, are accountable for their actions
and follow any procedures set up by the Highway Superintendent and Town Supervisor.
All others may follow this policy if they receive permission from the Highway
Superintendent and Town Supervisor.
28a.
Highway Department Mission Statement
The Highway Superintendent shall have the care and supervision of all town highways,
bridges, and sidewalks and must maintain these areas including ditch lining, drainage,
water control, brush and trees, proper sight distances, snow and ice control, and
maintenance of all highway equipment, tools, town garage, sand and salt building and
the equipment wash building. To help achieve this mission statement the Highway
Superintendent will hold monthly department meetings that include Town Board
representation. Additionally the following Highway departmental work plan for Highway
projects is adopted as follows:
Project
Month Of Year
a)
b)
c)
Road Preparation For New Topping
New Road Topping
Roadside Mowing
d)
e)
f)
g)
h)
i)
Snow & Ice Control
Equipment Maintenance
Road Maintenance
Culvert Replacement
Ditch-Lining
Tree Trimming
April-June
July-Sept.
Before Memorial Day
& before School opens
Continually As Needed
Continually As Needed
Continually As Needed
As Needed
As Needed
As Needed
28b.
The Highway Superintendent will set up specific "work day assignments" the night
before each work day so that the men and equipment are ready to start at the beginning
of the work day. The work day will consist of 7 AM-3:30 PM, one half hour unpaid lunch,
and a one quarter hour morning and afternoon paid break. The Deputy Highway
Superintendent and/or the Foreman will prepare a workday plan anytime one is needed
or has to be altered due to various factors.
29.
Mowing along town roads is to be done within the highway right-of-ways. See #39
30.
A single driver of a dump truck over two ton is not permitted for snowplowing, snow
sanding, or hot/cold patching road repair work.
30a.
Whenever possible and practical, all Germantown employees, when backing any large
truck must place a "spotter" out behind said truck. If a "spotter" is unavailable when
backing into the town garage, the driver must drive forward into the garage.
Town Policy Manual
35
31.
All Town Garage doors are to be locked when the Highway Superintendent and/or
employees are unavailable to safeguard building and its contents.
32.
Gasoline: Any official or employee of the town authorized to pump gasoline or diesel
fuel from town tanks will record said action on the appropriate accounting sheets. The
highway superintendent will be responsible for maintaining accurate incoming and
outgoing petroleum records and will file the same with the town's central purchasing/
accounting unit. The highway superintendent will be responsible for compliance with all
New York State Conservation laws pertaining to underground fuel tanks on the Town
Garage property.
33.
All Full-Time Town Employees, full-time defined as those employees working a
minimum of 40 hours per week all year will be granted the following:
a)
Ten sick days per year, not to exceed 200 days, prorated the first year of
employment pursuant to Section 33e.
b)
Eleven holidays:
New Year's Day
Memorial Day
Labor Day
Election Day
Thanksgiving Day
President's Day
Martin Luther King's Birthday
Independence Day
Columbus Day
Veteran's Day
Christmas Day
If any said holiday falls on a weekend day, the employee's holiday will be
celebrated on a week day either before or after the said weekend, management
to decide when.
c)
Three Personal Days per year with pay, unused personal days to be turned into
sick time after December 31st, prorated the first year of employment pursuant to
Section 33e.
d)
Vacation time is prorated pursuant to Section 33e and is not based on
anniversary date.
After two year's employment, two week's vacation.
After six year's of employment - 11 days vacation
After seven year's of employment - 12 days vacation
After eight year's of employment - 13 days vacation
After nine year's of employment - 14 days vacation
After ten year's employment, three week's vacation.
After twenty year's employment, four week's vacation.
e)
If an employee's starting employment date (anniversary date) is after January
10th, the employee's first year of employment will be considered a partial year
ending the first December 31st after the employee's starting employment date.
Therefore, the employee's sick days, personal leave days, and earned vacation
days for this partial year, will be prorated to the December 31st described above
as follows:
Town Policy Manual
36
Starting Employment
Date
Jan. 1-10th
Jan. 11-March 31
April 1-June 30
July 1-Sept. 30
Oct. 1-Dec. 5
Dec. 5-31st
Sick
Days
Personal
Leave Days
10
7
5
3
2
0
3
2
2
1
0
0
Vacation Days
Effective Jan 1st.
5
3
2
1
0
0
On the first January 1st following the partial year, the partial year employee will be
granted 10 additional sick days, 3 additional personal leave days and 5 additional
vacation days. On the second January 1st the employee will be granted 2 weeks
vacation and will be considered a two year employee for prorating fringe benefits only.
Thereafter, January 1st continues to start a new full year pursuant to prorating, with
Section 34 superseding this section.
34.
A full-time employee leaving the Town's employment after ten years of service
(calculated on their starting anniversary date, not their fringe benefits prorated date)
shall receive $10.00 per day for unused sick leave and personal leave, and full rate for
any unused vacation leave.
35.
Any Town employee who does not report to work as scheduled must notify their
supervisor ASAP. A highway employee who does not report for work because of illness
or disability, must notify the superintendent, or deputy superintendent, or foreman no
later than 7:00 a.m. on the date he/she will be absent. Failure to give such notice before
a day's absence may result in loss of sick pay. The Highway Superintendent will notify
his Department and the Town Supervisor of his planned vacation days. He will notify the
Deputy Highway Supt. and/or Foreman by 7 AM when he is not coming into work on a
particular day. The Deputy Supt. and/or Foreman will notify the Town Supervisor's office
of the same.
35a.
No sick pay will be allowed in any month after five consecutive days' sick leave unless a
physician’s certificate of illness is filed with the highway superintendent.
35b.
An appointed employee on sick leave may not engage in any commercial work
during the 24 hour period of sick leave. Violation of this regulation will result in the loss
of sick leave pay and other penalties.
36.
Highway employee vacation periods shall be approved by the Highway
Superintendent / Deputy Superintendent. If an employee who is on vacation or personal
leave, is called in to work, the personal or vacation leave time not used will be given to
the employee at a later date.
36a.
All appointed Town employees must submit a written "Days Off Request" form to their
supervisor for approval. Appointed Department Heads will complete a “Days Off
Notice” form and notify the Highway Superintendent and Town Supervisor. Copies of
these forms will be kept on file.
Town Policy Manual
37
37.
Work uniforms in the Highway Department: Town of Germantown will pay 100
percent of the cost of purchasing/rental/cleaning per man, per year for uniforms,
including the highway superintendent and maintenance supervisor. If a uniform size
change is needed, this is an employee cost.
38.
All full-time employees, elected or appointed before January 1, 2007 are eligible for a
free town wide medical insurance. Those full-time employees, elected or appointed after
January 1, 2007 are eligible for the town’s medical plan at the present rate of 75% of the
cost paid by the town and 25% of the cost paid by the employee. Effective January 1,
2011, newly elected or appointed full-time employees are eligible for individual coverage
on the Town’s medical plan at the present rate of 75% paid by the Town and 25% paid
by the employee. If family coverage is requested, the employee will be responsible for
the difference between the individual and family premiums. It is encouraged that if this
medical coverage can be obtained other than from the Town, said employee will attempt
to obtain it from other sources.
38a.
Part-time employees, elected or appointed to include Town Supervisor, Town Board
Members, Town Justices, Town Clerk, Town Assessor, Tax Collector, Building Inspector
and Code Enforcement Officer, are eligible for the town's medical plan at the present
rate of 10% of the cost paid by the town and 90% of the cost paid by the employee.
39.
The Town Board adopts the following highway right-of-ways, as established by State
Law.
Height
A. Edge of pavement up 16 feet.
*Note: If a bush or tree limb in the highway right-of-way is obstructing sight distance and
creates a hazard, contact The Highway Superintendent and/or Town Supervisor if
unable to resolve the situation with the landowner.
Width
A. Deeded Road: Check for a 50 foot wide deeded track of land and then check if the
paved road area is in the center of the 50 foot track of land and if so, subtract the
width of the pavement from 50 feet and divide by 2.
B. Non-Deeded Road: This means a lot more negotiation is needed with the landowner
in question because the right-of-ways are “Estimated and Negotiable” not “Definite
and Certain”.
Rule of Thumb
18’ top = 16 feet ROW each side of pavement
16’ top = 14 feet ROW each side of pavement
14’ top = 12.5 feet ROW each side of pavement
12’ top = 10.5 feet ROW each side of pavement
Town Policy Manual
38
40.
Snowplowing Policy:
A.
B.
C.
D.
Plowing our roads is priority
Plow the Firehouse and snow removal from the sidewalks and fire hydrants
Plow the Municipal Parking Lot and other town lots and sewer district driveways
Plow our Church parking lots, Legion Hall lot
41.
Wood that has been cut in lengths of 4-6 feet or depending on weight by town
employees, will be given to the property owner where the tree was located. If that
property owner does not want the wood, it will then be given to the closest person from
the job site. In all cases, the wood will be dumped in the driveway area.
42.
The Town Board adopted the use of the road inspection sheets and adopted a townwide policy of inspecting roads on Mondays and Fridays and/or if storms necessitate,
additional inspections or holidays/workloads require an occasional alteration of these
days.
43.
The town will continue to use the current gas accounting records and does require
stick dipping each work day, on each of the petroleum tanks for measuring purposes.
44.
If an employee desires to carry unused vacation time over into a new year, he/she
must receive permission from their department head. Without prior permission said
unused vacation time ends December 31st of each year.
45.
At the discretion of the superintendent, depending on his work schedule, sanding,
plowing and snow removal at the churches and their cemeteries, firehouse, school and
legion hall will be done at no charge. Other highway work performed at these locations
will have cost of materials paid by the benefactor.
45a.
Sanding Of School property - The town will bill the school district for the sand
and salt used at the school. The man hours and equipment used will not be billed.
46.
Town Board will allocate funds, $75 maximum per storm for food to be purchased for
Town employee's working overtime when it is impractical for them to leave the storm to
go home to eat. This food will be eaten in the Highway Garage kitchen.
47.
HAZARD COMMUNICATION WRITTEN PROGRAM
Town of Germantown Highway Department
This written program will include the specific methods that are used to achieve
compliance with the requirements of the Hazard Communication Standard (29 CFR
1910.1200).
I.
GENERAL
The purpose of this instruction is to ensure that the Town of Germantown Highway Department
is in compliance with the OSHA Hazard Communication Standard (HCS) 29 CFR 1910.1200.
Town Policy Manual
39
The Germantown Highway Superintendent is the overall coordinator of the facility program
acting as the representative of the Town of Germantown Highway Department, who has overall
responsibility. In general, each employee in the facility will be appraised of the substance of the
HCS, the hazardous properties of chemicals they work with, and measures to take to protect
themselves from these chemicals.
II.
LIST OF HAZARDOUS CHEMICALS
The Germantown Highway Superintendent will maintain a list of all hazardous chemicals used in
the facility, and update the list as necessary. The hazardous chemical list will be updated upon
receipt of hazardous chemicals at the facility. The list of hazardous chemicals is maintained at
the Germantown Town Garage lunch area.
III.
MATERIAL SAFETY DATA SHEETS (MSDS's)
The Germantown Highway Superintendent will maintain an MSDS library on every substance on
the list of hazardous chemicals in the Town Garage. The MSDS will consist of a fully completed
OSHA Form 174 or equivalent. The MSDS's will be readily available to all employees. The
Germantown Highway Superintendent is responsible for acquiring and updating MSDS's. The
Germantown Highway Superintendent will review each MSDS for accuracy and completeness
and will consult with the Area/Region/Headquarters OS&H manager if additional research is
necessary. All new procurements for the facility must be cleared by the Germantown Highway
Superintendent. Whenever possible, the least hazardous substance will be procured.
MSDS's that meet the requirements of HCS must be fully completed and received at the facility
either prior to, or at the time of receipt of the first shipment of any potentially hazardous
chemical purchased from a vendor. It may be necessary to discontinue procurements from
vendors failing to provide approved MSDS's in a timely manner.
IV.
LABELS AND OTHER FORMS OF WARNING
The Germantown Highway Superintendent is designated to ensure that all hazardous chemicals
in the facility are properly labeled. Labels should list at least the chemical identity, appropriate
hazard warnings, and the name and address of the manufacturer, importer or other responsible
party. The Germantown Highway Superintendent will refer to the corresponding MSDS to verify
label information. Immediate use containers, small containers into which materials are drained
for use on that shift by the employee drawing the material, do not require labeling. To meet the
labeling requirements of HCS for other in-house containers, refer to the label supplied by the
manufacturer. All labels for in-house containers will be approved by the Germantown Highway
Superintendent prior to their use.
The Germantown Highway Superintendent will check on a monthly basis to ensure that all
containers in the facility are labeled and that the labels are up to date.
V.
TRAINING
Each employee who works with or is potentially exposed to hazardous chemicals will receive
initial training on the HCS and the safe use of those hazardous chemicals. Additional training
will be provided for employees whenever a new hazard is introduced into their work areas.
Hazardous chemical training is conducted by the Germantown Highway Superintendent.
Town Policy Manual
40
The training will emphasize these elements:
1.
2.
A summary of the standard and this written program
Hazardous chemical properties including visual appearance and odor and methods that
can be used to detect the presence or release of hazardous chemicals
Physical and health hazards associated with potential exposure to workplace chemicals
Procedures to protect against hazards, e.g., personal protective equipment, work
practices, and emergency procedures
Hazardous chemical spill and leak procedures
Where MSDS's are located, how to understand their content, and how employees may
obtain and use appropriate hazard information.
3.
4.
5.
6.
The Germantown Highway Superintendent will monitor and maintain records of employee
training and advise the facility manager on training needs.
VI.
CONTRACTOR EMPLOYERS
The Germantown Highway Superintendent, upon notification from the responsible supervisor,
will advise outside contractors of any chemical hazards which may be encountered in the
normal course of their work on the premises.
VII.
NON-ROUTINE TASKS
Other supervisors and repair contractors contemplating a non-routine task, e.g. boiler repair, will
consult with the Germantown Highway Superintendent and will ensure that employees are
informed of chemical hazards associated with the performance of these tasks and appropriate
protective measures. This will be accomplished by a meeting of supervisors and the
Germantown Highway Superintendent with affected employees before such work is begun.
VII.
ADDITIONAL INFORMATION
Further information on this written program, the hazard communication standard, and applicable
MSDS's is available at 518-537-6686.
47a.
I.
TRAINING PROGRAM
Town of Germantown Highway Department
INTRODUCTION
A. Reasons for training
1. Hazard communications standard
2. Providing for the employees' welfare
B. Description of the standard requirements
1.
2.
3.
4.
5.
Material safety data sheets (Available for employees)
Labeling requirements (Every container - even small)
A written program (Available to employees)
Information to employees
The current training
Town Policy Manual
41
II. INFORMATION TO EMPLOYEES
A. Location of posted information
1.
2.
3.
4.
5.
List of standard requirements
List of what operations involve hazardous chemicals
List of locations where data sheets and copies of the program can be found
List of all hazardous chemicals in the workplace
Information regarding monitoring devices and/or alarms that are in use, as well as, the
methods and observations that may be used to detect the presence of or release of a
hazardous chemical; such as the visual appearance and/or the odor of chemicals
when being released
III. MATERIAL SAFETY DATA SHEETS
A. Locations
B. How to read and understand data sheets
1. Use a properly completed data sheet as an outline or transfer it to slides
C. What TLV's, PEL's, and TWA's
IV. WHAT CHEMICALS ARE IN THE WORK AREA; WHAT ARE THE HAZARDS; HOW CAN
THE LEVEL BE DETECTED; AND HOW CAN THE EMPLOYEE PROTECT HIMSELF?
A. Chemical name
1. Hazards
A. Flammable?
B. Reactive?
C. Toxic on contact?
D. Toxic by inhalation?
E. Cancer suspect?
F. Reproductive problems?
G. Irritating?
H. Causes burns?
I. Other hazards?
2. How can the presence of the chemical be detected if it is toxic?
A.
B.
C.
D.
E.
In the air
On parts or on the skin
By alarms and monitoring devices
What level of the chemical is hazardous
What symptoms indicate over-exposure
Town Policy Manual
42
3. How does the employer prevent over-exposure?
A.
B.
C.
D.
E.
Monitoring of air
Ventilation
Personal protective equipment provided
Medical surveillance
Mechanized processes to avoid contact
4. What personal protective measures should be taken by the employee?
A.
B.
C.
D.
Equipment for normal use
Equipment for foreseeable emergency
How to obtain equipment
Instructions on the use of the equipment
NOTE: Repeat the above instructions for each chemical present in the work area. Chemicals
with the same hazard properties that are used in the same way may be combined.
V.
DESCRIBE THE LABELING PLAN FOR ALL CHEMICALS IN THE FACILITY
A.
B.
C.
D.
E.
Who will insure labels are affixed
What are the employees responsibilities
Who can they call if an improperly labeled container is discovered
What, if any, disciplinary action will be taken against violators of the rules
How to refer to the data sheet after reading the label
VI. DESCRIBE FORESEEABLE EMERGENCIES AND HOW EMPLOYEES CAN PROTECT
THEMSELVES
A. Describe the possible emergency such as tank lead or overheating
B. Describe measures employees should take such as evacuation or personal protective
equipment
NOTE: Repeat the above for each foreseeable emergency situation
VII. SUMMARIZE THE PLAN AND WHERE THE EMPLOYEE CAN LOOK FOR
INFORMATION
A. Labels
B. Data sheets
C. Who can answer further questions
Town Policy Manual
43
TOWN OF GERMANTOWN
Hazard Communication Written Program
Monthly Check to Ensure Correct Labeling
5 Year Record
2011
2012
2013
2014
2015
January
_____
_____
_____
_____
_____
February
_____
_____
_____
_____
_____
March
_____
_____
_____
_____
_____
April
_____
_____
_____
_____
_____
May
_____
_____
_____
_____
_____
June
_____
_____
_____
_____
_____
July
_____
_____
_____
_____
_____
August
_____
_____
_____
_____
_____
September
_____
_____
_____
_____
_____
October
_____
_____
_____
_____
_____
November
_____
_____
_____
_____
_____
December
_____
_____
_____
_____
_____
_____________________________________
Highway Superintendent - Training Supervisor
Town Policy Manual
44
TOWN OF GERMANTOWN
Hazardous Training of the HCS and Safe Use of Hazard Chemicals
CHECK
EMPLOYEE
ID NUMBER
Richard Jennings
Jesse Bender
Filippo LoGiudice
Patrick Ebling
George Sharpe
6599
4967
4256
5608
4574
Richard Jennings
Jesse Bender
Filippo LoGiudice
Patrick Ebling
George Sharpe
6599
4967
4256
5608
4574
Richard Jennings
Jesse Bender
Filippo LoGiudice
Patrick Ebling
George Sharpe
6599
4967
4256
5608
4574
Richard Jennings
Jesse Bender
Filippo LoGiudice
Patrick Ebling
George Sharpe
6599
4967
4256
5608
4574
Richard Jennings
Jesse Bender
Filippo LoGiudice
Patrick Ebling
George Sharpe
6599
4967
4256
5608
4574
Richard Jennings
Jesse Bender
Filippo LoGiudice
Patrick Ebling
George Sharpe
6599
4967
4256
5608
4574
January
_____
_____
_____
_____
_____
February
_____
_____
_____
_____
_____
March
_____
_____
_____
_____
_____
April
_____
_____
_____
_____
_____
May
_____
_____
_____
_____
_____
June
_____
_____
_____
_____
_____
Town Policy Manual
45
July
_____
_____
_____
_____
_____
Richard Jennings
Jesse Bender
Filippo LoGiudice
Patrick Ebling
George Sharpe
6599
4967
4256
5608
4574
Richard Jennings
Jesse Bender
Filippo LoGiudice
Patrick Ebling
George Sharpe
6599
4967
4256
5608
4574
Richard Jennings
Jesse Bender
Filippo LoGiudice
Patrick Ebling
George Sharpe
6599
4967
4256
5608
4574
Richard Jennings
Jesse Bender
Filippo LoGiudice
Patrick Ebling
George Sharpe
6599
4967
4256
5608
4574
Richard Jennings
Jesse Bender
Filippo LoGiudice
Patrick Ebling
George Sharpe
6599
4967
4256
5608
4574
Richard Jennings
Jesse Bender
Filippo LoGiudice
Patrick Ebling
George Sharpe
6599
4967
4256
5608
4574
August
_____
_____
_____
_____
_____
September
_____
_____
_____
_____
_____
October
_____
_____
_____
_____
_____
November
_____
_____
_____
_____
_____
December
_____
_____
_____
_____
_____
_____________________________________
Highway Superintendent - Training Supervisor
Town Policy Manual
46
48.
Financial Overtime And Compensatory Overtime:
Any employee who with authorization works over 8 hours per day will be paid 1 1/2
times their normal pay rate for all time over 8 hours unless said employee and their
supervisor agree to compensatory overtime instead of financial overtime. No employee
may accumulate more than 40 hours of compensatory overtime, said comp time may not
be replenished in a fiscal year i.e., January 1st-December 31st and the maximum hours
allowed in the comp time fund may never exceed 40 hours regardless of year to year
rollovers.
49.
Leaving Your Town Job For A Fire or Rescue Emergency:
An employee of the Town of Germantown may leave his/her job to actively help at a
fire or rescue emergency in Germantown:
1.
2.
3.
4.
50.
51.
If it is practical & reasonable to do so without leaving town equipment, materials
& fellow employees stranded and/or unattended.
Said employees shall return to his/her job as soon as possible and practical.
Said employee will be paid by the town during this excused absence.
An employee may leave to assist another community with permission from the
Highway Superintendent/Deputy/Foreman or Town Supervisor.
Gasoline And Diesel Fuel Policy
1.
Perpetual/annual inventory records of gasoline and diesel fuel purchased, used
and on hand will be maintained in one book.
2.
Odometer readings of each vehicle will be recorded at the time of refueling so
that miles driven can be compared to gallons used. A comparison record will be
kept and any large variances will be installed.
3.
Gasoline/diesel meter readings will be periodically compared with amounts
recorded as being pumped and any substantial differences will be investigated.
Culvert Pipe Policy
When a landowner needs a replacement culvert pipe between his/her driveway and a Town
Road in order to carry road ditch water under said driveway the Germantown Highway
Superintendent must approve the project prior to construction. The Highway Superintendent will
determine the necessary size of the pipe and said replacement of the pipe will be performed by
an experienced contractor and/or the town at the expense of the property owner. If the town
performs the work landowner costs will be for the pipe, gravel, posts and reflectors. Town costs
will be the trucking, use of town equipment and labor.
52.
Highway Department Policy Regulating The Placement And Construction Of
Driveways Along Town Highways.
INTRODUCTION
Section 213 of the New York State Highway Law allows the Town Highway Superintendent to
direct the construction and repair of all approaches and driveways to private lands along Town
Highways.
Town Policy Manual
47
In accordance with the exercise of these duties, the Town Board has established definite
standards and procedures governing the construction of entrances to Town Highways so as to
regulate traffic entering or leaving commercial establishments, residences, industrial plants and
farms, etc. The purpose of these standards and procedures is to provide maximum protection to
the public through orderly control of traffic movements onto and from the highway, to safeguard
highway traffic carrying capacity, and to assure uniform practices throughout the Town in the
design and construction of entrances and exits.
52a.
SECTION I GENERAL POLICES
A.
Any person, institution or corporation desiring permanent or temporary vehicle access to
a town highway i.e. either a Grade A or Grade B road and/or a driveway shall meet with
the highway superintendent at the proposed site and discuss construction plans with
him.
B.
The town will decide what traffic control devices, delineators, ditches, catch basins,
grates, culvert pipes and other drainage structures are necessary to be installed in the
highway right-of-way and they will be installed by an experienced contractor and/or the
town at the expense of the property owner. Any necessary replacement of these
structures will be performed by an experienced contractor and/or the town at the
expense of the property owner. The property owner shall also trim brush and maintain
his/her property in such a manner as to maintain optimal sight distance.
SECTION II DESIGN POLICIES
FOR A PROPOSED GRADE A OR GRADE B ROADS
See Local Law #1 of 1978 and Guidelines for Grade A & Grade B Private roads
FOR DRIVEWAYS
A.
Policies and Objectives For Driveway Location and Construction
1.
Choose the most favorable vision, grade and alignment conditions for motorists
using the proposed driveway and the highway.
2.
No undue interference with the free and safe movement of highway traffic.
3.
Maximum safety and convenience for pedestrians and other users of highway
right-of-way.
4.
The driveway must meet the highway at a perpendicular 90 degree angle and be
at least 24 feet wide and must hold that angle and width for about 50 feet, and
then may narrow to a 10 foot wide minimum, as approved by the town.
5.
The maximum slope/grade between the street and the first 50 feet of the
driveway shall not exceed three percent.
Town Policy Manual
48
53.
6.
The driveway shall be constructed to slope back towards the house away from
the edge of the highway pavement so as to prevent driveway water run off from
entering the highway.
7.
A driveway shall be constructed so that it does not adversely affect the highway
drainage or drainage of the adjacent property. If a culvert pipe is needed it must
be at least 12" diameter by 24 feet long and must direct the water in a direction
specified by the Highway Superintendent.
8.
Two delineator posts with reflectors must be installed, one on each end of the
driveway where it meets the highway.
9.
We suggest, encourage and strongly recommend that your 911 address numbers
be placed at the end of your driveway near the highway so that emergency
vehicles may see them approaching from either direction.
Safety Policy Regarding The Picking Up Of Dead Animals On Town Roads And
Properties
1.
2.
3.
Always put gloves on
Always remove to a location directed by Highway Superintendent
Always clean all tools and equipment ASAP.
54.
The Town Board of the Town of Germantown does hereby adopt the attached Columbia
County Department of Public Works Drug & Alcohol Testing, Policy & Procedure
Manual, Driver Information and Handbook pages 1-15 as the Town's Policy.
55.
Placement of a mailbox in the town highway right-of-way town of Germantown:
* Town employee will discuss the placement of the mailbox with the landowner
* Follow all United States Postal Service regulations
* Roadside face of the mailbox offset from the edge of the pavement - 36 - 80 inches
* Where a mailbox is located at a driveway entrance, it shall be placed on the far side of
the driveway in the direction of the delivery route after permission from the landowner.
* Where a mailbox is located at an intersecting road, it shall be located a minimum of 50
feet into said road in the direction of the delivery route.
56.
Any Town employee operating a chainsaw must be accompanied by a second person
for safety reasons.
57.
No Town employee nor any contractor for the town may ever enter one of our sewer
district pump stations or manholes without first checking the air quality in said confined
space and said worker must always be accompanied by a second person for safety
reasons.
Town Policy Manual
49
58.
Definition of a resident as it applies to the application for a Family Pass to use
Germantown Park lands and facilities as follows:
A.
B.
A person who permanently or on a part-time basis resides in the town.
Under this new definition; a person who owns or rents a home in your town on
a part-time basis should now be eligible for a certificate of residence form.
59.
Skating and Snowplowing on Lake George South: Before opening up the lake for
public skating, three test holes must be cut at various locations and have at least four
inches of ice at each location, and before plowing the snow off of the lake with the townowned tractor, those three test holes must show eight inches of ice each.
60.
Upon recommendation of the Park Commission, fishing in Lake George South will be
permitted outside the swimming-beach areas as long as it is properly chaperoned and all
laws are followed.
61.
Water Safety Policy in compliance with New York State Sanitary Code Subpart 6-2
Bathing Beaches. Attached and made a part of this policy manual.
Town Policy Manual
50