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Town Code & Ordinances Code — Resolution-22-102

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RESOLUTION NO. 22.102

A RESOLUTTON OF THE COMMISSIONERS OF QUEENSTOWN TO

AMEND THE TOWI\ OF QUEENSTOWN PERSONNEL MANUAL ANI)

TO ADOPT AI\ UPDATED PERSONNEL MANUAL

WHEREAS, the Commissioners of Queenstown are authorizedto adopt such legislation as it may deem necessary for the protection and preservation of the town's property and for the protection and promotion of health and safety of town employees and citizens; and WHEREAS, in 1995, the Commissioners of Queenstown adopted the Town of Queenstown Personnel Manual which was not updated since 2003; and WHEREAS, on January 26,2022, the Commissioners of Queenstown adopted an updated

Town of Queenstown Personnel Manual; and WHEREAS, since that time, the Commissioners of Queenstown recognizedthaternployees were not eligible to receive vacation leave or personal leave until they completed one fult year of service as an employee; and WHEREAS, the Commissioners of Queenstown believe it is in the best interest of the employees to provide them with vacation leave or personal leave during their first year of

employment, based on the month in which that ernployee was hired and other conditions; and WHEREAS, the Commissioners of Queenstown have determined that it is desirable and in the public interest to adopt an updated Personnel Manual to provide conditions for new employees to receive vacation leave and personal leave during their first year of employment.

NOW' THEREFORE, BE IT RESOLVED, by the Commissioners of Queenstown, as

FOLLOWS:

l.

That the Queenstown Personnel Manual dated January 26,2022, a copy of which is attached hereto and incorporated by reference herein, Is HEREBY AMENDED.

2.

That the attached Personnel Manual shall supersede all previously issued ernployee manuals or handbooks.

3.

This Resolution shall become effective immediately.

RESOLVED by the Town Commissioners of eueenstown on this AB .day of September,2022.

WITNESS: TOWN COMMISSIONERS FOR THE

TOWN OF QUEENSTOWN:

AaroiHomey, Town Cl Alton Hardee, President Thomas B. Willis, Jr.,

TOWN OF OUEENSTOW}I. MARYLAI\D

PERSONNEL MANUAL

ADOPTED AND EFFECTIVE:

Adopted: January 2612022 Updated: September L3r2022 Queenstown Personnel Manual Adopted: January 26, 2022 Updated: Septernber 13,2022

THE TOWN OF QUEENSTOWN PERSONNEL MANUAL

TNTBODUCTION

This personnel manual is intended to outline the employment policies and procedures of the Town of Queenstown. Employees are encouraged to become familiar with the contents of this manual, for it will answer many cofilmon questions concerning employment with the Town.

This manual is not intended to be all-inclusive. No personnel manual can anticipate every circumstanie or situation or answer every question about ernployment or policy. If more detailed or complete information is needed regarding any policy described in this manual, please refer such inquiries to the Commissioners of Queenstown.

The Commissioners reserve the right to change employment policies, procedures, benefits or this manual at any time without notice, except for its policy of employment at-will. It is the responsibility of the employee to stay abreast of policy. The Commissioners will make evely effort to notifu employees of any policy changes, additions or deletions. Said changes will immediately become apfrt of this manual.

Policies set forth in this manual are not intended to create a contract, nor are they to be construed to constitute contracfual obligations of any kind or a contract of employment between the Town and any of its anployees.

All unployees of the Town of Queenstown are employed on an "at-will" basis and the Town may terminate the employment at any time, for any reason, provided that such termination is in accordance with applicable federal and state laws.

SECTION I. APPLICATION, DEFINITIONS AND DISTRIBUTION

A. Aoolication This personnel manual shall apply to all persons employed by the Town Commissioners.

B.

Definitions. For purposes of this manual, the following definitions shall apply.

1.

"Appointing Authority" for the purpose of this manual is the Town Commissioners.

2.

"Classification" is the process of reviewing the duties and responsibilities of a position or positions and incorporating these duties and responsibilities into a position description.

Queenstown Personnel Manual Adopted: January 26, 2022 Updated: September 13, 2022

3. "Employee" is the person employed to perform the work of a position and

shall mean that person who receives a regular and stated compensation from the Town, other than a consultant or independent contractor.

4. "Full Time" is an ernployee whose standard work hours per week are

thirty-five (35) or more. This shall include salary and hourly employees.

5. "Part Time" is an employee whose standard work hours per week are

thirty-four (34) or less. This shall include salary and hourly employees.

6. "Position" is a group of duties and responsibilities assigned to one

employee.

7. "Position Description" is a written explanation of one person which

includes a title and list of typical duties.

8. "supervisory Authority" for the purpose of these Rules and Regulations

are the Town Commissioners.

g.

"Town Commissioners" and "Commissioners" shall be one and the same as Town Commissioners of Queenstown, for the purpose of this manual' C. Distribution A copy of this personnel manual shall be retained in the Town Office, given to each Town Commissioner and Town Employee. The signature of the Town Employee shall be acquired upon hisftrer receipt of this personnel manual.

SECTION II. POSITION CLASSIFICATIONS

A. Tvnes of Positions. Positions shall be classified by the Town Commissioners.

B. Posirton Classifications. Specifications for each classification in use by the Government of the Town of Queenstown shall be prepared. Each specification shall include:

1.

A job title 2.

List of duties required to be performed

SECTION III. APPLICATIONS FOR EMPLOYMENT

A. Advertisine. At the discretion of the Commissioners, position openings may be advertised in the local paPer.

Queenstown Personnel Manual Adopted: January 26, 2022 Updated: September 13, 2022 B.

Utiliz,ation. Applications for employment shall be accepted at any time whether or not a vacancy has been announced. A standard application form, approved by the Town Commissioners, shall be used for all applications for employment. Applications shall be retained for a period of one year and then destroyed. After an applicant is hired, their application will be filed in their personnel file.

C.

Hirine Authoritv. The Town Commissioners, sitting as a body, shall make all employment decisions on behalf of the Town.

SECTION IV. PROBATIONARY PERIOD

A.

Probation and Permanent Status. Employees hired for a position shall serve a six

(6) month probation period. The Commissioners may extend the probationary period for an

additional six (6) months in their discretion. At least fifteen (15) days prior to the expiration of the probationary period, the Town Commissioners shall determine if the following has occurred:

1.

The employee's work has been satisfactory, or 2- The employee's work has been unsatisfactory. If the Town Commissioners feel that with additional time, the employee's work may become satisfactory, they may extend the period of probation at their discretion.

3.

Upon determination by the Town Commissioners that the employee's work is satisfactory, the employee will be put on pennanent status with the Town.

4.

Upon determination by the Town Commissioners that the employee's work is unsatisfactory, the employee may be dismissed or discharged at any time during the probationary period.

5- A probationary employee's employment may be terminated at any time by the Commissioners without cause.

SECTION V. StrFARATION

It is the Town's intention that service separations occur as fairly and efficiently as possible, with appropriate advance written notice, and in the best interests of all parties concerned. The process of separation shall include payment of all wages due to the employee, less any applicable deductions, ffid resolution of all due benefits, through the date of separation. The following categories of service separation and procedure are applicable to all

Queenstown Personnel Manual Adopted: Iantary 26, 2022 Updated: September 13,2022 4 regular full-time employment classifications, or other employment classifications as specifi cally indicated:

A. Lrgtt If insufficient work or lack of funding requires a reduction in the number of employees in a Town department, layoffs may be made by approval of the Commissioners.

B. Furloushs and Reduction of Hours. If insufficient work or a lack of funding requires a temporary reduction in the number of hours employees work in a Town department, unpaid furlough days and/or a reduction in the number of hours worked per week may be approved by the Commissioners. Full-time salaried employees may be compensated as hourly employees in the Commissioners' discretion, during furloughs when the work week is reduced to

less than forty (a0) hours.

C. Termination of Position. The Town reserves the right to terminate or abolish any position for discretionary reasons related to funding and operational needs.

D. Suspension. An employee may be suspended without pay for disciplinary reasons for such length of time as recofirmended by the supervisor and approved by the Commissioners. All benefits shall continue to be in effect as applicable for an employee who is suspended. During a period of suspension, the employee shall not be permitted access to the workplace.

E. Termination of Emolovment withoat Cause. As the Town and the employee maintain an"at will" employment relationship, an employee in the Town's service may be separated permanently from employment without cause at any time in the discretion of the Town Commissioners.

F. Termination for Cause. An employee may be terminated "for cause" for any of the following reasons, as determined by the Town Commissioners:

.

Incompetence or gross inefficiency in the performance of duties.

. Insubordination, disrespectful conduct toward a supervisor, or failure or refusal to comply with the assignment of a supervisor.

. Untruthful statements, willful or negligent falsification of records, or other fraudulent behavior detrimental, or potentially detrimental, to the Town, the public, or coworkers.

Queenstown Personnel Manual Adopted: January 26, 2022 Updated: September 13, 2022 o Excessive tardiness or absenteeism, absence from the workplace without notice, or abuse of leave benefits.

.

Excessive attention to personal business or affairs while on duty as a Town employee.

. Excessive or unauthorized use of telephones, the mail system, communications systems and equipment, or computer systems and equipment.

.

Negligent or willful damage or waste of Town or client-owned property, vehicles, equipment, materials or supplies.

.

Unauthorized use of Town property, equipment, materials, supplies, vehicles, or resources for personal gain.

' Willful slander or malicious mischaracterization of co-workers, superiors, clients, associates, elected Town officials, or public citizens.

o Racial, sexual, or other unlawful or unwelcome harassment. or failure to act to stop such conduct in the workplace.

.

offensive treatment of clients, the public, or co-workers.

o General misconduct or boisterous or disruptive activity, such as gambling, fighting, use of abusive or obscene language, threatening violence, or creating a nuisance or disturbance, while on duty, at the workplace, or engaged in Town business.

o Use, possession, manufacture, distribution, sale, or transfer o[ or impairment by, alcohol or controlled or illegal substances while on duty, at a Town workplace, engaged in Town business, or operating Town owned vehicles or equipment.

' Inappropriate official or personal conduct degrading to Town classified service or general misconduct undermining the trust in public service.

o Unauthorized disclosure of confidential information.

' Willful, negligent, or criminal violation of Town personnel policies or federal, state, or local laws, regulations, ordinances, statutes, or policies in effect.

Prior to a termination for cause, an employee shall have a right to notice and an opportunity to be heard by the Town Commissioners.

Queenstown Personnel Manual Adopted: Ianuary 26, 2022 Updated: September 13, 2022 G. Resisnation of Ernolovees. An employee may resign by providing the Town with at least two (2) weeks advanced notice. Any non-probationary employee who resigns in good standing may, in the discretion of the Commissioners, be reinstated to a position with fuIl credit for prior service if there is any need for their services within two (2) years after the date of

resignation. Any reinstated employee is not entitled to any salary or service credits for the period of their separation from the Town.

H. Return of Town Prooertv. Employees are responsible for items issued tothern by the Town or in their possession or control while employed. In the event of separation from employment for any reason, all Town property must be returned by the employee on or before their last day of work. The Town may withhold from the employee's final paycheck the cost of any items that are not retumed as required. The Town may also take all action deemed

appropriate to recover or protect its property.

SECTION VI. LEAVE

A. GeneraL Unless otherwise specified, the provisions of this section will apply to all Town employees.

B. Leave of Absence. The Town Commissioners may approve a request for a Leave of Absence, without pay, for a period of not more than three (3) months. The Commissioners have the discretion to extend the three (3) month period for an additional maximum of three (3) months upon a showing of good cause. Such leave must be for a valid pu{pose, and when it appears that reinstatement would be in the best interest of the Town. The Town Commissioners

may temporarily fill this position during the absence of the employee. At the termination of such leave, the employee shall be reinstated with all previous rights and privileges, except for annual leave credit. Following the leave of absence without pay the reinstated employee shall begin work with no accumulated annual leave credit.

C. Official Leave. The Town Commissioners may grant official leave with pay to allow employees to attend professional meetings, technical conferences, and short-term courses on subjects related to official duties or for other valid purposes. Such leave shall not be deducted from any other leave earned by the employee. Such leave shall be approved at least thirty (30) days in advance by the Commissioners.

D. Bereavement Leave. Bereavement leave will be provided by the Town with pay as follows:

Queenstown Personnel Manual Adopted: January 26, 2022 Updated: September 13, 2022 l.

Employees may take bereavement leave arising because of a death in the immediate family for a maximum period of four (4) workdays. Bereavement leave shall not be deducted from any other leave earned by the employee. This leave is not accruable.

2.

For purposes of bereavement leave, the immediate family is considered to be father, mother, sister, brother, spouse or children, mother and father-in-law. Any step and half blood relatives of the employee shall also be considered immediate family.

3.

Part Time employees are eligible for two (2) days bereavement leave.

E.

Annual Vacation Leave l.

. Full-time employees who have been with the Town for more than 90 days are eligible to receive Annual Vacation Leave. Vacation Leave is frontloaded on the 91't day of employment and on the first day of each calend ar year thereafter. In the first two calendar years of employment, the amount of Vacation Leave is pro-rated based on the employee's hire date as outlined in the table below:

a.

Date Hire 1't Calendar Year 2"d Calendar Year Jan-Apr 3 days 5 days May-Aug 2 days 4 days Sept-Dec I days 3 days After the second calendar year,Yacation Leave will be awarded as follows:

b.

3rd-9th Calendar vear: (10) days annual leave c.

10th-19tr Calondar vears (15) days annual leave d.

20 Calendar years or more: (20) days annual leave

2. Parttime ernployees will receive three (3) Vacation Leave days per

calendar year after the first calendar year of emplo5rment.

3.

The leave year will be the same as the calendar year.

Queenstown Personnel Manual Adopted: January 26, 2022 Updated: Septernber 13, 2022 8

4. Annual leave continues to accrue to the employee's credit while he is in a

pay status, including periods of absence with pay.

5. Up to (5) days of vacation leave may be carried over to the next year;

however, if not used in the next year it will be lost.

6. When employees can be spared from their duties, annual leave will be

granted freely for personal and emergency purposes. The Town Commissioners and/or the Town Manager, have the responsibility for determining when, and the extent to which, annual leave is to be granted.

7. Employees have the responsibility of cooperating with the Town in

scheduling vacation periods and requesting leave during periods when their services can best be spared. Although annual leave is the right of an employee in that its accrual may not be denied, it is the prerogative of the Town Commissioners and/or the Town Manager to make the final decision on when leave is to be used, for this reason' the use of annual leave is subject to the prior approval of the Town Commissioners and/or the Town

Manager. Written request will be made by the employee for a period of annual leave, at least two (2) weeks in advance, excqlt in emergency situations. In such cases, the employee leave taken can be accounted.

F.

Comoensatorv Leave Employees in non-exempt positions, as determined by the Fair Labor Standards Act (FLSA), are compensated for hours worked in excess of forty (40) hours per week by overtime pay. Non-exempt employees are normally required to account for hours and fractional hours worked. (Sick leave is not considered in calculating overtime pay)' Overtime pay is eamed at arate of one and one half (1 %) hours for each overtirne hour

worked. All overtime must be authorized or pre-approved by the Town Manager or Town Commissioners.

Overtime work wili be any work performed ovei forty (40) hours G.

Holidav Leave

1. All Town employees, shall be granted holiday leave as follows:

New Year's Day Labor Day MLK Jr. Day Election Day (On Bona-Fide Election Years) President's DaY Veteran's Day Queenstown Personnel Manual Adopted: January 26, 2022 Updated: September 13, 2022 Good Friday Thanksgiving Day Memorial Day Day After Thanksgiving (American Indian Herirage Day) Juneteenth Christmas Eve Day Independence Day Christrnas Day 2.

In the event any employee entitled to a paid holiday must work, then said employee shall be entitled to a compensatory leave day.

3.

In the event any holiday falls on a Saturday or Sunday, the holiday will be honored on the Friday or Monday preceding or following the actual holiday.

H.

Personal Leave. Employees who have been employed with the Town for more than 90 days are eligible to receive Personal days. Personal days are frontloaded on the 91't day of employment and on the first day of each calendar year thereafter. Personal leave may be ca:ried over to the next year and accumulated with no expiration. The primary purpose of this personal leave is for personal business, ernployee illness, and illness or death of family members,

and ernployees are to be encouraged to save personal leave for these purposes: In the first calendar year of employment, the amount of Personal days is pro-rated based on the employee's hire date as outlined in the table below Full-Time Employees Part-Time Employees Date Hire 1't Calendar Year Itt Calendar Year Jan-Apr 5 days J May-Aug 3 days I Sept-Dee I day 0 Beginning the second calendar year, full time employees will receive twelve (12) Personal Leave

days and part time ernployees will receive six (6) personal Leave days.

Personal days can be used in half day or full day increments. When the need to use a half or full Personal day is foreseeable, the employee is required to notifu the Town Manager at least two days in advance. Where the need is not foreseeable, such as absence due to sudden illness or emergency, the employee must call the o{fice as early as possible on the day(s) of absence, but at least one hour before the scheduled start of his or her shift.

Queenstown Personnel Manual Adopted: January 26, 2022 Updated: September 13,2022 l0

I

Civil Leave. Town employees may be granted leave with pay when subpoenaed as a witness in a court of law or called and served on a jury.

SECTION VII. EMPLOYEE BENEFITS

All benefits provided to employees including, health, dental, life, retirement and/or pension benefits shall be provided at the discretion of the Town Commissioners. Benefits shall be uniformly provided to all employees of a specific classification.

SECTION VIII. HOURS OF WORK

A,

General

1. The Town Commissioners will determine the work week for all positions

in the Town.

2. Full-time employees, who include salaried employees, shall work a

minimum of thirty-five hours per week. Full-time positions are also considered to be thirty-five (35) hours per week for Town Office positions and forty (40) hours per week for Public Works positions. Employees working overtime hours shall be paid overtime as stated in Section VI, subparagraph F. Employees on salary, will not be granted compensatory leave, or overtime pay, for any overtime work.

3. Part-time employees shall work up to thirty-four (34) hours per week,

unless otherwise directed bv the Town Commissioners.

SECTION IX. WORI( RULES

A.

In General

1. Employees shall rernain in their work area, or work, until the scheduled

quitting time, unless permission to leave is granted by the Town Manager.

2. Employees shall follow safety regulations to include the wearing of safety

articles and using of protective equipment as necessary. Employees shall immediately report accidents or injury to the Town Manager.

3. Employees shall be responsible for and shall not misuse Town property,

records, or other materials in their care, custody, and control. Town property, records, or other materials shall not be removed from the premises without permission.

Queenstown Personnel Manual Adopted: January 26, 2022 13,2022 Updated: September ll 4.

Employees shall avoid littering in work areas and on Town property.

5.

Employees shall deal with the public in a courteous, diplomatic, and professional manner.

6.

An employee shall notifu the Town Manager, or the Town Clerk, if he or she in unable to report to work.

7.

Employees shall notify the Town Manager whenever there is a change in their personal data.

8.

Employees shall not restrict or intemrpt work or interfere with the work of others.

9- Employees shall not neglect their duties and responsibilities or refuse to perform assigned work.

10.

Employees shall not possess unauthorized firearms, weapons, drugs, or intoxicating beverages on the Town premises.

1.

I Employees shall not falsifo records, reports, or claims of illness or injury.

B.

Use of Communication and MaiI Svstems. Employees should practice discretion in using Town telephones for personal business. Personal calls and text messaging should be limited to urgent matters or emergencies requiring immediate attention. Employees shall advise their supervisor of necessary personal long distance or calls and are required to reimburse the Town for charges. The use of personal cell phones during working hours should be limited to

urgent matters or emergencies requiring immediate attention.

Use of Town facsimile equipment and copying machines should be restricted to Town business. However, employees may use these machines for personal use if approved by the Commissioners and must reimburse the Town for the expense.

The Town mail system is reserved for business purposes only, and Town paid postage shall not be utilized for sending or receiving personal mail at the workplace.

C.

Comnuter and E-Mail [Jsage. Computers, computer files, on-line or electronic mailing systems, software, or other automated systems furnished to employees are Town property intended for business use only. Employees shall not use a password, access a file, or retrieve any stored communication without authorization. Employees shall not use Town computer resources for personal messaging, personal gain, or entertainment. Use of personally

owned computer systems or equipment at the workplace is not permitted without specifit authorization. To ensure compliance with this policy, computer systems usage rnay be monitored. Employees using or developing permanent database or document files, or other Queenstown Personnel Manual Adopted: January 26, 2022 Updated: September 13,2022 n sensitive automated information, are responsible to ensure that proper security and backup

systems are maintained to protect the files from inadvertent loss or unauthorized access or alteration.

The Town strives to maintain a workplace free of harassment and sensitive to the diversity of its employees. Therefore, the Town prohibits the use of computers and computer resources in ways that are illegal, disruptive, offensive to others, or harmful to morale. For example, the display or transmission of cartoons, sexually explicit images or messages is strictly prohibited. Other such misuse includes, but is not limited to, ethnic slurs, racial comments, offcolor jokes, or anything that may be construed as harassment or showing disrespect for others.

Employees who violate this policy will be subject to disciplina4r action up to and including termination of employment. Electronic mail should not be used for any matters unrelated to Town business.

The Town purchases and licenses the use of various computer software for business purposes and does not own the copyright to this software or its related documentation' Unless authorized by the software developer, the Town does not have the right to reproduce such software in violation of copyright protection regulations. Employees may only use software on local area networks or on multiple stations according to the software license agreement. The

Town prohibits the illegal duplication of software and its related documentation.

D. Use of Town Eauioment and Vehicles. Equipment and vehicles essential in accomplishing job duties are expensive and may be difficult to replace. When using Town o*r"d property, employees are expected to exercise care, perform required maintenance, and follow att opeiating- instructions, safety standards, and guidelines. Vehicles shall always be returned after a work assignment in a neat and reasonably clean state, with all debris removed.

Please notifo the Commissioners if any equipment, machines, tools, or vehicles appear to be damaged, defectlve, or in need of repairs. Prompt reporting of damages, defects, and the need for repaiis could prevent deterioration of equipment and possible injury to employees or others.

Employees shall be responsible to maintain a current operator's license of proper classification for the vehicle being used. Operation of a Town vehicle without a valid and properly classified operator's license shall be grounds for termination of employment.

Employees charged with parking, driving, or traffic violations while operating a Town owned vehicle shall be responsible for their own disposition of the citation' The improper, careless, negligent, destructive, unsafe, or illegal use or operation of equipment or vehicles, as well as r"".ipi of excessive or avoidable trafEc and parking violations, is prohibited and can result in disciplinary action, up to and including termination of ernployment. Employees and

passengers must wiar seat restraints at all times while operating or riding in Town owned vehicles.

Use of Town owned equipment, vehicles, and facilities for personal reasons, or personal gain and profit, either on or off Town property is prohibited and can result in disciplinary action, Queenstown Personnel M anual Adopted: January 26, 2022 Updated: September 13, 2022 l3 including termination of employment. Use of Town vehicles by someone other than Town employees is strictly prohibited.

SECTION X. PAY PLAN

A.

General l.

The Town Commissioners shall be responsible for the preparation and maintenance of a pay plan and any revisions thereto. Position descriptions shall be placed in apay schedule by grade or an hourly rate.

2.

Revisions in the pay plan requested by personnel shall be submitted to the Town Commissioners. All revisions in the plan must have approval of the Town Commissioners.

3.

Employees will be eligible for pay increases on July I of each year. There is no guarantee of an annual pay increase. Pay increases will be based solely upon performance. However, no employee shall be paid a salary less than the minimum limit prescribed by the pay schedule to which their position has been assigned.

4.

Periods of absence, or leave without pay status, will not be included in computing the time for pay increase requirements.

5.

The Town Manager and Town ClerVTreasurer positions are salary positions, payable by the salary schedule adopted by the Queenstown Commissioners, which became effective July 1, 1990. The position description reflects the level and grade ofpay.

6. All other employees of the Town are to be paid at an hourly rate,

determined by the Town Commissioners. Such information is reflected on position descriptions.

SECTION XI. ETHICS AND CONFLICTS OF INTEREST

Employees and elected ofEcials have an obligation to perform their duties and provide the services of their employment in an ethical manner and within guidelines that prohibit actual or potential conflicts of interest. An actual or potential conflict of interest occurs when an ernployee participates on behalf of the Town in any manner which would have a direct financial impact on them, a member of their immediate family or business entity with which they are

affiliated. For the putposes of these guidelines, the term "immediate family" means an official's or ernployee's spouse, parents, children, siblings, or any person living in the same household as the official or employee. No "presumption of guilt" is to be created by the mere existence of a Queenstown Personnel Manual Adopted: January 26, 2022 Updated: September 13,2022

A

relationship with clients of the Town. However, if employees have any influence on transactions involving purchases, contracts, or approvals, it is imperative that they disclose to the Town Clerk or the Commissioners the existence of any actual or potential conflict of interest so that safeguards can be established to protect all parties.

SECTION XII. EMPLOYMENT POLICIES

A.

Eoual Emplovment Opportunitv In order to provide equal employment and advancement opportunities to all individuals, Town employment decisions are based on merit, qualifications, and abilities. The Town does not discriminate in employment opportunities or practices on the basis of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), parental stafus, national origin,

age, veteran status, political affiliation, physical or mental handicap or any basis prohibited by federal, state, or local laws. It is the practice and policy of the Town of Queenstown to comply with all applicable federal, state, and local labor laws and regulations pertaining to employment' This policy governs all aspects of employment, including hiring selection, job assignment, compensation, promotion, transfers, training progmms, discipline, termination of employment,

and all other terms, conditions, and privileges of employment. Any employees with questions or concems about any type of discrimination in the workplace are encouraged to bring these issues to the attention of their immediate supervisor. If the supervisor is unavailable, non-responsive, or is involved in the complaint, or the employee believes it would be inappropriate to contact that person, the employee should immediately contact the Town Commissioners. Employees can

raise concerns and make reports without fear of reprisal. Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination o f employment.

B.

Disabilitv Accommodation The Town is committed to complying fully with the Americans with Disabilities Act (ADA) and ensuring equal opportunity in employment for qualified persons with disabilities. All employment practices and activities are conducted on a non-discriminatory basis. The Town's hiring procedures may be modified to accommodate the special needs of persons with disabilities. Upon request, job applications are available in alternative, accessible formats, as is

assistance in completing the application. Pre-employment inquiries are only made regarding an applicant's ability to perform the duties of the position for which an application is submitted.

Reasonable accommodation is available for disabled employees, where their disability could affect their function in job performance. All ernployment decisions are based on the merits of the selection process. Town employees with disabilities receive pay and other forms of compensation (or changes in compensation) equal to non-disabled employees in comparable Queenstown Personnel Manual Adopted: January 26, 2022

Updated: September 13, 2022 t) positions, as well as equal consideration in job assignments, classifications, organizational structure, position descriptions, lines of progression, and seniority listing. Leave of all types is available to all permanent, full-time employees on an equal basis.

C,

Unlawful Harassment The Town is committed to providing a work environment that is free of discrimination, hostility, and unlawful harassment. Actions, words, jokes, innuendoes, or cofilments, based on an individual's sex, race, ethnicity, age, disability, religion, or any other legally protected characteristic will not be tolerated. Any employee who wishes to report an incident of sexual, racial or other unlawful harassment should promptly relay the matter to his or her supervisor. If

the supervisor is unavailable, non-responsive, or is involved in the complaint, or the employee believes it would be inappropriate to contact that person, the employee should immediately contact the Town Commissioners. Any employee can raise concerns, submit complaints or file reports of harassment, without fear of reprisal, unless such allegations are grossly unsubstantiated or willfully false, in which case the complainant will be subject to appropriate

disciplinary action.

Any supervisor who becomes aware of possible sexual, racial or other unlawful harassment shall promptly advise the Town Commissioners. Failure to act to mitigate a condition of unlawful harassment could constitute complicity in the harassment and subject the supervisor to appropriate disciplinary action. All complaints and allegations of sexual, racial, or other unlawful harassment will be promptly and thoroughly investigated by the person receiving

the complaint or as otherwise directed by the Town Commissioners. All documents of the investigation of a complaint of harassment shall be confidential and shall be retained with personnel records in the Town Office. The Town Commissioners shall inform all parties involved in a complaint and investigation of unlawful harassment of the outcome of the investigation. Anyone engaging in sexual, racial, or other unlawful harassment, or found to be in

violation of this policy, shall be subject to disciplinary action, up to and including termination of employment.

SECTION XIII. AMENDMENT PROCEDURE

This personnel manual may be amended or revised, in whole or in part, at any time by the Town Commissioners of Queenstown in their discretion. Such amendments shall become effective upon adoption thereofby the Town Commissioners.

Queenstown Personnel Manual Adopted: J anuary 26, 2022 Updated: September 13, 2022 t6

SECTION XTV. VALIDITY AND SEVERABILITY

Any part of these rules and regulations shall be considered valid unless declared otherwise by the Courts. If any part of these rules and regulations is held by the Courts to be invalid, all other parts not held invalid shall continue in full force and effect.

Queenstown Personnel Manual Adopted: January 26, 2022 Updated: September 13, 2022 11 Queenstown Personnel Manual Adopted: January 26, 2022 Updated: Septonber 13, 2022 l8

ACKNOWLEDGEMENT

I have read the policies outlined in this handbook. I understand that while this is not an employment contract, I am bound to abide by the policies set herein.

I further understand that the Town of Queenstown may modifu, revise and update policy and/or this manual at any time. I am also aware that this updating may include additions or deletions.

I also certi$r that I have had ample time to discuss this handbook and its contents with the Commissioners and/or representatives of Queenstown and I fully understand the contents.

With this knowledge I accept the policies outlined herein as a condition of employment.

Employee signature Date The Queenstown Commissionerc reserves the right to amend this handbook for the puypose of modifying, revising, and updating company policy and this manuul Notice of changes will be posted on the bulletin boards and become a part of this manual Violation of any policy contained herein may result in immediate termination.

Queenstown Personnel Manual Adopted: Januaxy 26, 2022 Updated: September 13, 2022 l9

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