THE CARTHAGE MUNICIPAL CODE

Transcription

1 THE CARTHAGE MUNICIPAL CODE Prepared by the MUNICIPAL TECHNICAL ADVISORY SERVICE INSTITUTE FOR PUBLIC SERVICE THE UNIVERSITY OF TENNESSEE in cooperation with the TENNESSEE MUNICIPAL LEAGUE December 2000

2 Change 4, June 27, 2013 TOWN OF CARTHAGE MAYOR Sebra Hodge VICE MAYOR L.C. Grisham ALDERMEN Phillip Brooks Randy Dennis Pat Nixon Barbara Kannapel Nancy Woodard CITY RECORDER Sara Davenport CITY ATTORNEY David Bass ii

3 PREFACE The Carthage Municipal Code contains the codification and revision of the ordinances of the Town of Carthage, Tennessee. By referring to the historical citation appearing at the end of each section, the user can determine the origin of each particular section. The absence of a historical citation means that the section was added by the codifier. The word "modified" in the historical citation indicates significant modification of the original ordinance. The code is arranged into titles, chapters, and sections. Related matter is kept together, so far as possible, within the same title. Each section number is complete within itself, containing the title number, the chapter number, and the section of the chapter of which it is a part. Specifically, the first digit, followed by a hyphen, identifies the title number. The second digit identifies the chapter number, and the last two digits identify the section number. For example, title 2, chapter 1, section 6, is designated as section By utilizing the table of contents and the analysis preceding each title and chapter of the code, together with the cross references and explanations included as footnotes, the user should locate all the provisions in the code relating to any question that might arise. However, the user should note that most of the administrative ordinances (e.g. Annual Budget, Zoning Map Amendments, Tax Assessments, etc...) do not appear in the code. Likewise, ordinances that have been passed since the last update of the code do not appear here. Therefore, the user should refer to the town's ordinance book or the city recorder for a comprehensive and up to date review of the town's ordinances. Following this preface is an outline of the ordinance adoption procedures, if any, prescribed by the town's charter. The code has been arranged and prepared in loose-leaf form to facilitate keeping it up to date. MTAS will provide updating service under the following conditions: (1) That all ordinances relating to subjects treated in the code or which should be added to the code are adopted as amending, adding, or deleting specific chapters or sections of the code (see section 8 of the adopting ordinance). (2) That one copy of every ordinance adopted by the town is kept in a separate ordinance book and forwarded to MTAS annually. iii

4 (3) That the town agrees to pay the annual update fee as provided in the MTAS codification service charges policy in effect at the time of the update. When the foregoing conditions are met MTAS will reproduce replacement pages for the code to reflect the amendments and additions made by such ordinances. This service will be performed at least annually and more often if justified by the volume of amendments. Replacement pages will be supplied with detailed instructions for utilizing them so as again to make the code complete and up to date. The able assistance of Linda Dean, the MTAS Sr. Word Processing Specialist who did all the typing on this project, and Sandy Selvage, Administrative Services Assistant, is gratefully acknowledged. Steve Lobertini Codification Consultant iv

5 ORDINANCE ADOPTION PROCEDURES PRESCRIBED BY THE TOWN CHARTER It shall be the duty of the Mayor... to examine all bills passed before affixing his signature, and should any such not meet his approval, he shall, at the next regular meeting of the Council, return the same with his objections in writing, and no law so vetoed shall go into effect unless the same be again passed by a two-thirds (2/3) majority vote of the Council present; no ordinance shall become law unless the same shall be considered on three (3) separate days and be passed by approval on all three (3) days by majority of the members present unless by unanimous consent of the Council earlier action is deemed necessary and until the same shall have been signed by the Mayor, unless he fails to veto the same by the next regular meeting, and in case of such failure, the same shall become a law without his signature; the Mayor shall be the chief executive officer in charge of supervision of all officers of the municipality and see that all laws or ordinances be enforced;... (Charter 11) v

6

7

8

9

10 Change 3, September 4, TITLE 1 GENERAL ADMINISTRATION 1 CHAPTER 1. TOWN COUNCIL. 2. MAYOR. 3. CITY RECORDER. 4. CODE OF ETHICS. CHAPTER 1 TOWN COUNCIL SECTION Time and place of regular meetings Order of business General rules of order Time and place of regular meetings. 2 The town council shall hold regular monthly meetings at 7:00 P.M. on the first Thursday of each month at the town hall. (1983 Code, 1-101, modified) Order of business. At each meeting of the town council, the following regular order of business shall be observed unless dispensed with by a majority vote of the members present: (1) Call to order by the mayor. (2) Roll call by the city recorder. (3) Approval of minutes of the previous meeting by the city recorder, and approval or correction. (4) Grievances from citizens. (5) Communications from the mayor. 1 Charter references See the charter index, the charter itself, and footnote references to the charter in the front of this code. Municipal code references Building, plumbing, electrical and gas inspectors: title 12. Fire department: title 7. Utilities: titles 18 and 19. Wastewater treatment: title 18. Zoning: title Charter reference Town council meetings: 10.

11 (6) Reports from committees, members of the town council, and other officers. (7) Old business. (8) New business. (9) Adjournment. (1983 Code, 1-102, modified) General rules of order. The rules of order and parliamentary procedure contained in Robert's Rules of Order, Newly Revised, 1990 (9th) Edition, shall govern the transaction of business by and before the town council at its meetings in all cases to which they are applicable and in which they are not inconsistent with provisions of the charter or this code. (1983 Code, 1-103, modified) 1-2

12 1-3 CHAPTER 2 MAYOR 1 SECTION Generally supervises town's affairs Executes town's contracts Generally supervises town's affairs. The mayor shall have general supervision of all town affairs and may require such reports from the officers and employees as he may reasonably deem necessary to carry out his executive responsibilities. (1983 Code, 1-201) Executes town's contracts. The mayor shall execute all contracts as authorized by the town council. (1983 Code, 1-202) 1 Charter references: Compensation: 8(a). Duties: 11. Election and eligibility: 3. General powers succession: 2. Oath of office: 5. Terms of office: 4. Vacancy in office: 6.

13 1-4 CHAPTER 3 CITY RECORDER 1 SECTION To be bonded To keep minutes, etc To perform general administrative duties, etc To be bonded. The city recorder shall be bonded with such surety as may be acceptable to the town council. (1983 Code, 1-301, modified) To keep minutes, etc. The city recorder shall keep the minutes of all meetings of the town council and shall preserve the original copy of all ordinances in a separate ordinance book. (1983 Code, 1-302, modified) To perform general administrative duties, etc. The city recorder shall perform all administrative duties for the town council and for the town which are not assigned by the charter, this code, or the town council to another corporate officer. The city recorder shall also have custody of and be responsible for maintaining all corporate bonds, records, and papers in such fireproof vault or safe as the town shall provide. (1983 Code, 1-303, modified) 1 Charter reference Appointment: 8.

14 Change 3, September 4, CHAPTER 4 CODE OF ETHICS 1 SECTION Applicability Definition of "personal interest." Disclosure of personal interest by official with vote Disclosure of personal interest in non-voting matters Acceptance of gratuities, etc Use of information Use of municipal time, facilities, etc Use of position or authority Outside employment Ethics complaints Violations. 1 State statutes dictate many of the ethics provisions that apply to municipal officials and employees. For provisions relative to the following, see the Tennessee Code Annotated (T.C.A.) sections indicated: Campaign finance: Tennessee Code Annotated, title 2, ch. 10. Conflict of interests: Tennessee Code Annotated, , 108; , 102. Conflict of interests disclosure statements: Tennessee Code Annotated, and the following sections. Consulting fee prohibition for elected municipal officials: Tennessee Code Annotated, , 124. Crimes involving public officials (bribery, soliciting unlawful compensation, buying and selling in regard to office): Tennessee Code Annotated, and the following sections. Crimes of official misconduct, official oppression, misuse of official information: Tennessee Code Annotated, and the following sections. Ouster law: Tennessee Code Annotated, and the following sections.

15 Change 3, September 4, Applicability. This chapter is the code of ethics for personnel of the Town of Carthage. It applies to all full-time and part-time elected or appointed officials and employees, whether compensated or not, including those of any separate board, commission, committee, authority, corporation, or other instrumentality appointed or created by the town. The words "municipal" and "town," or "Town of Carthage" include these separate entities. (as added by Ord. #353, June 2007) Definition of "personal interest." (1) For purposes of and 1-404, "personal interest" means: (a) Any financial, ownership, or employment interest in the subject of a vote by a municipal board not otherwise regulated by state statutes on conflicts of interests; or (b) Any financial, ownership, or employment interest in a matter to be regulated or supervised; or (c) Any such financial, ownership, or employment interest of the official s or employee s spouse, parent(s), step parent(s), grandparent(s), sibling(s), child(ren), or step child(ren). (2) The words "employment interest" include a situation in which an official or employee or a designated family member is negotiating possible employment with a person or organization that is the subject of the vote or that is to be regulated or supervised. (3) In any situation in which a personal interest is also a conflict of interest under state law, the provisions of the state law take precedence over the provisions of this chapter. (as added by Ord. #353, June 2007) Disclosure of personal interest by official with vote. An official with the responsibility to vote on a measure shall disclose during the meeting at which the vote takes place, before the vote and so it appears in the minutes, any personal interest that affects or that would lead a reasonable person to infer that it affects the official s vote on the measure. In addition, the official may recuse himself 1 from voting on the measure. (as added by Ord. #353, June 2007) Disclosure of personal interest in non-voting matters. An official or employee who must exercise discretion relative to any matter, other than casting a vote, and who has a personal interest in the matter that affects or that would lead a reasonable person to infer that it affects the exercise of the discretion shall disclose, before the exercise of the discretion when possible, the interest on a form provided by and filed with the recorder. In addition, the 1 Masculine pronouns include the feminine. Only masculine pronouns have been used for convenience and readability.

16 Change 3, September 4, official or employee may, to the extent allowed by law, charter, ordinance, or policy, recuse himself from the exercise of discretion in the matter. (as added by Ord. #353, June 2007) Acceptance of gratuities, etc. An official or employee may not accept, directly or indirectly, any money, gift, gratuity, or other consideration or favor of any kind from anyone other than the town: (1) For the performance of an act, or refraining from performance of an act, that he would be expected to perform, or refrain from performing, in the regular course of his duties; or (2) That might reasonably be interpreted as an attempt to influence his action, or reward him for past action, in executing municipal business. (as added by Ord. #353, June 2007) Use of information. (1) An official or employee may not disclose any information obtained in his official capacity or position of employment that is made confidential under state or federal law except as authorized by law. (2) An official or employee may not use or disclose information obtained in his official capacity or position of employment with the intent to result in financial gain for himself or any other person or entity. (as added by Ord. #353, June 2007) Use of municipal time, facilities, etc. (1) An official or employee may not use or authorize the use of municipal time, facilities, equipment, or supplies for private gain or advantage to himself. (2) An official or employee may not use or authorize the use of municipal time, facilities, equipment, or supplies for private gain or advantage to any private person or entity, except as authorized by legitimate contract or lease that is determined by the town council to be in the best interests of the town. (as added by Ord. #353, June 2007) Use of position or authority. (1) An official or employee may not make or attempt to make private purchases, for cash or otherwise, in the name of the town. (2) An official or employee may not use or attempt to use his position to secure any privilege or exemption for himself or others that is not authorized by the charter, general law, or ordinance or policy of the town. (as added by Ord. #353, June 2007) Outside employment. A full-time employee of the town may not accept any outside employment without written authorization from the mayor. (as added by Ord. #353, June 2007)

17 Change 3, September 4, Ethics complaints. (1) The city attorney is designated as the ethics officer of the town. Upon the written request of an official or employee potentially affected by a provision of this chapter, the city attorney may render an oral or written advisory ethics opinion based upon this chapter and other applicable law. (2) (a) Except as otherwise provided in this subsection, the city attorney shall investigate any credible complaint against an appointed official or employee charging any violation of this chapter, or may undertake an investigation on his own initiative when he acquires information indicating a possible violation, and make recommendations for action to end or seek retribution for any activity that, in the attorney s judgment, constitutes a violation of this code of ethics. (b) The city attorney may request the town council to hire another attorney, individual, or entity to act as ethics officer when he has or will have a conflict of interests in a particular matter. (c) When a complaint of a violation of any provision of this chapter is lodged against a member of the town council, the town council shall either determine that the complaint has merit, determine that the complaint does not have merit, or determine that the complaint has sufficient merit to warrant further investigation. If the council determines that a complaint warrants further investigation, it shall authorize an investigation by the city attorney or another individual or entity chosen by the town council. (3) The interpretation that a reasonable person in the circumstances would apply shall be used in interpreting and enforcing this code of ethics. (4) When a violation of this code of ethics also constitutes a violation of a personnel policy, rule, or regulation or a civil service policy, rule, or regulation, the violation shall be dealt with as a violation of the personnel or civil service provisions rather than as a violation of this code of ethics. (as added by Ord. #353, June 2007) Violations. An elected official or appointed member of a separate municipal board, commission, committee, authority, corporation, or other instrumentality who violates any provision of this chapter is subject to censure by the town council. An appointed official or an employee who violates any provision of this chapter is subject to disciplinary action. (as added by Ord. #353, June 2007)

18 2-1 TITLE 2 BOARDS AND COMMISSIONS, ETC. [RESERVED FOR FUTURE USE]

19 3-1 TITLE 3 MUNICIPAL COURT CHAPTER 1. CITY JUDGE. 2. COURT ADMINISTRATION. 3. WARRANTS, SUMMONSES AND SUBPOENAS. 4. BONDS AND APPEALS. 5. COURT COSTS. SECTION City judge. CHAPTER 1 CITY JUDGE City judge. The officer designated by the charter to handle judicial matters within the municipality shall preside over the city court and shall be known as the city judge. (1983 Code, 1-501) 1 Charter reference Judicial authority of mayor; town council may appoint city judge: 12.

20 3-2 CHAPTER 2 COURT ADMINISTRATION SECTION Maintenance of docket Imposition of fines, penalties, and costs Disposition and report of fines, penalties, and costs Disturbance of proceedings Trial and disposition of cases Maintenance of docket. The city judge shall keep a complete docket of all matters coming before him in his judicial capacity. The docket shall include for each defendant such information as his name; warrant and/or summons numbers; alleged offenses; disposition; fines, penalties, and costs imposed and whether collected; whether committed to workhouse; and all other information that may be relevant. (1983 Code, 1-502) Imposition of fines, penalties, and costs. All fines, penalties, and costs shall be imposed and recorded by the city judge on the city court docket in open court. In all cases heard or determined by him, the city judge shall tax in the bill of costs the same amounts and for the same items allowed in courts of general sessions 1 for similar work in state cases. In addition to the foregoing costs, mileage at a rate set by resolution by the board of mayor and aldermen shall be charged when a prisoner must be transported to and out of the county and shall be assessed as part of the costs of the cause and figured in the bill of costs, along with any jail fees, and paid as a part of the bill of costs by anyone found guilty of a misdemeanor. (1983 Code, 1-508, modified) Disposition and report of fines, penalties, and costs. All funds coming into the hands of the city judge in the form of fines, penalties, costs, and forfeitures shall be recorded by him and paid over daily to the town. At the end of each month he shall submit to the town council a report accounting for the collection or non-collection of all fines, penalties, and costs imposed by his court during the current month and to date for the current fiscal year. (1983 Code, 1-511) 1 State law reference Tennessee Code Annotated,

21 Disturbance of proceedings. It shall be unlawful for any person to create any disturbance of any trial before the city court by making loud or unusual noises, by using indecorous, profane, or blasphemous language, or by any distracting conduct whatsoever. (1983 Code, 1-512) Trial and disposition of cases. Every person charged with violating a town ordinance shall be entitled to an immediate trial and disposition of his case, provided the city court is in session or the city judge is reasonably available. However, the provisions of this section shall not apply when the alleged offender, by reason of drunkenness or other incapacity, is not in a proper condition or is not able to appear before the court. (1983 Code, 1-506) 3-3

22 3-4 CHAPTER 3 WARRANTS, SUMMONSES AND SUBPOENAS SECTION Issuance of arrest warrants Issuance of summonses Issuance of subpoenas Issuance of arrest warrants. 1 The city judge shall have the power to issue warrants for the arrest of persons charged with violating town ordinances. (1983 Code, 1-503) Issuance of summonses. When a complaint of an alleged ordinance violation is made to the city judge, the judge may in his discretion, in lieu of issuing an arrest warrant, issue a summons ordering the alleged offender personally to appear before the city court at a time specified therein to answer to the charges against him. The summons shall contain a brief description of the offense charged but need not set out verbatim the provisions of the ordinance alleged to have been violated. Upon failure of any person to appear before the city court as commanded in a summons lawfully served on him, the cause may be proceeded with ex parte, and the judgment of the court shall be valid and binding subject to the defendant's right of appeal. (1983 Code, 1-504) Issuance of subpoenas. The city judge may subpoena as witnesses all persons whose testimony he believes will be relevant and material to matters coming before his court, and it shall be unlawful for any person lawfully served with such a subpoena to fail or neglect to comply therewith. (1983 Code, 1-505) 1 State law reference For authority to issue warrants, see Tennessee Code Annotated, title 40, chapter 6.

23 3-5 CHAPTER 4 BONDS AND APPEALS SECTION Appearance bonds authorized Appeals Bond amounts, conditions, and forms Appearance bonds authorized. When the city judge is not available or when an alleged offender requests and has reasonable grounds for a delay in the trial of his case, he may, in lieu of remaining in jail pending disposition of his case, be allowed to post an appearance bond with the city judge or, in the absence of the judge, with the ranking police officer on duty at the time, provided such alleged offender is not drunk or otherwise in need of protective custody. (1983 Code, 1-507) Appeals. Any defendant who is dissatisfied with any judgment of the city court against him may, within ten (10) days next after such judgment is rendered, appeal to the next term of the circuit court upon posting a proper appeal bond. 1 (1983 Code, 1-509) Bond amounts, conditions, and forms. An appearance bond in any case before the city court shall be in such amount as the city judge shall prescribe and shall be conditioned that the defendant shall appear for trial before the city court at the stated time and place. An appeal bond in any case shall be in the sum of two hundred and fifty dollars ($250.00) and shall be conditioned that if the circuit court shall find against the appellant the fine or penalty and all costs of the trial and appeal shall be promptly paid by the defendant and/or his sureties. An appearance or appeal bond in any case may be made in the form of a cash deposit or by any corporate surety company authorized to do business in Tennessee or by two (2) private persons who individually own real property located within the county. No other type bond shall be acceptable. (1983 Code, 1-510) 1 State law reference Tennessee Code Annotated,

24 Change 1, June 24, CHAPTER 5 COURT COSTS SECTION Court costs Court costs. The following costs and fines will be levied as follows: COURT COST AND FINES Violation Cost Fines Total Public intoxication $65.28 $ 5.00 $70.28 No drivers license $92.31 $10.00 $ Vio. of Reg. law $92.31 $10.00 $ Tail lights out $92.31 $10.00 $ Causing unnecessary noise $92.31 $10.00 $ Ran red light $92.31 $10.00 $ Ran stop sign $92.31 $10.00 $ Loud muffler $92.31 $10.00 $ Speeding-50 MPH & under $92.31 $ 5.00 $97.31 Speeding-50 MPH & over $92.31 $10.00 $ Reckless driving-1st offense $92.31 $25.00 $ Reckless driving-2nd offense $92.31 Court appearance mandatory Improper passing $92.31 $10.00 $ Anti-noise regulation $92.31 $10.00 $ Parking violations $92.31 $ 5.00 $97.31 Prowling $92.31 $ 5.00 $97.31 Disorderly conduct $92.31 Court appearance mandatory Open alcoholic beverage $92.31 $ 5.00 $97.31 Possession alcoholic beverage Under Age of 21 $92.31 $ 5.00 $97.31 Wrong way on one way street $92.31 $10.00 $102.31

25 Change 1, June 24, Failure to appear $92.31 $10.00 $ Contempt of court $92.31 $ 5.00 $97.31 Animal control offenses $92.31 Court appearance mandatory Note: Always check speeding citation for the M.P.H. listed in order to apply the correct fine as listed above 50 M.P.H. and under $ M.P.H. and over $10.00 Note: The Defendant shall pay the postage for certified letter when applicable. Litigation Tax of $13.75 to be added to the total when defendant appears in court and ordered to pay court cost or the court cost and fine on moving violations. (Defendant does not pay litigation tax when paying fine and cost before the set court date set for the citation.) (Ord. #239, May 1990, modified, and amended by Ord. #327, June 2004)

26 4-1 TITLE 4 MUNICIPAL PERSONNEL CHAPTER 1. SOCIAL SECURITY. 2. PERSONNEL POLICY. 3. OCCUPATIONAL SAFETY AND HEALTH PROGRAM. 4. DRUG AND ALCOHOL TESTING POLICY. CHAPTER 1 SOCIAL SECURITY SECTION Policy and purpose as to coverage Necessary agreements to be executed Withholdings from salaries or wages Appropriations for employer's contributions Records and reports Policy and purpose as to coverage. It is hereby declared to be the policy and purpose of this town to provide for all eligible employees and officials of the town, whether employed in connection with a governmental or proprietary function, the benefits of the system of federal old age and survivors insurance. In pursuance of said policy, and for that purpose, the town shall take such action as may be required by applicable state and federal laws or regulations. (1983 Code, 1-701) Necessary agreements to be executed. The mayor is hereby authorized and directed to execute all the necessary agreements and amendments thereto with the state executive director of old age insurance, as agent or agency, to secure coverage of employees and officials as provided in the preceding section. (1983 Code, 1-702) Withholdings from salaries or wages. Withholdings from the salaries or wages of employees and officials for the purpose provided in of this chapter are hereby authorized to be made in the amounts and at such times as may be required by applicable state or federal laws or regulations, and shall be paid over to the state or federal agency designated by said laws or regulations. (1983 Code, 1-703) Appropriations for employer's contributions. There shall be appropriated from available funds such amounts at such times as may be

27 required by applicable state or federal laws or regulations for employer's contributions, and the same shall be paid over to the state or federal agency designated by said laws or regulations. (1983 Code, 1-704) Records and reports. The city recorder shall keep such records and make such reports as may be required by applicable state and federal laws or regulations. (1983 Code, 1-705, modified) 4-2

28 4-3 CHAPTER 2 PERSONNEL POLICY SECTION Personnel policy Employees Benefits Grievance procedures State and federal personnel mandates Miscellaneous personnel policies Dismissal Personal policy changes Personnel policy. (1) Purpose. The purpose of this chapter is to establish a system of personnel administration in the Town of Carthage, Tennessee. (2) At-will employer. The Town of Carthage, Tennessee is an at-will employer. Nothing in this chapter may be construed as creating a property right or contract right to any job for any employee. (3) Coverage. The following personnel are not covered by this policy, unless otherwise provided: (a) All elected officials. (b) Members of appointed boards and commissions. (c) Consultants, advisors, and legal counsel rendering temporary professional service. (d) The city attorney. (e) Independent contractors and/or contract employees. (f) Volunteer personnel. (g) The city judge. All other employees of the municipal government are covered by this personnel policy Employees. (1) Full-time. Full-time employees are individuals employed by the municipal government who normally work forty (40) hours per week. (2) Part-time. Part-time employees are individuals who may not work on a daily basis or work on a daily basis fewer than 8 hours a day and may work fewer than thirty (30) hours per week or who are temporary and/or seasonal employees. (3) Rate of pay. Each employees rate of pay is set by the council. This rate may vary based on the job which you are hired to do, skills you have, responsibility, experience and other factors required by the job.

29 (4) Probationary period. All new employees of the Town of Carthage are hired on a probationary basis for the first six months of employment. During this trial period, the town and the employee evaluate whether or not a permanent employment relationship should be established. (5) Working hours. Work hours vary depending on job functions. Daily work will be assigned by your supervisor who will define your specific starting and finishing time. Scheduled breaks will be limited to 10 minutes. Please check with your supervisor for exact work schedules. From time to time, the town may require a slight modification in your starting and finishing time to accommodate work requirements. Wasting time by parking, visiting, or loafing and/or engaging in horseplay or fighting can result in disciplinary action. Our business is dependent upon citizens being able to reach us on the telephone, therefore, personal calls should be limited in length. (6) Attendance. Regular and prompt attendance is essential for the success of our business. Absenteeism and tardiness disrupt work schedules of others. Regular attendance is expected of all employees. If you expect to be absent from work, you must notify your supervisor prior to the beginning of your daily scheduled working hours. Unanticipated absences of an emergency nature (accident, sudden illness, etc.) must be reported to your supervisor within 2 hours after the beginning of the work day. Employees called to emergency work of any kind are expected to respond promptly. Absences from work for any reason, which the town does not approve, will be reflected in your work record. Too many absences of any kind, including repetitive or prolonged absences, will result in disciplinary action. Three absences (consecutive work days) without sufficient notice to the town will be reason to believe that the employee has resigned and a doctors statement with satisfactory reasons shall be required to prevent termination of employment Benefits. (1) Holidays. Generally, full-time employees are allowed a day off with pay on the following holidays: (a) New Years Day (b) Martin Luther King Day (c) President's Day (d) Memorial Day (e) Independence Day (f) Labor Day (g) Veteran's Day (h) Thanksgiving Day (i) Christmas Day (j) Employee's Birthday Employees must be in a pay status on the work day before and on the work day after the holiday, unless otherwise excused by the supervisor, to receive compensation for the holiday. 4-4

30 Any employee required to work on a regular holiday shall be granted 8 hours off on an alternate day approved by the supervisor or an additional 8 hours pay for the holiday. (2) Vacation leave. All full-time employees of the municipality shall accrue vacation leave monthly upon the completion of each calendar month of service. Vacation leave will begin to accrue as of the first full month of employment, but cannot be taken until the employee has completed 12 months of employment. As the number of years of service increases, the amount of leave granted increases and may accumulate to the maximum accrual as shown in the table below: 4-5 Years of Service Maximum Accrual 1 5 Days 2 10 Days 5 15 Days Vacation leave exceeding the maximum accrual limit shall be forfeited. Vacation leave shall be taken at a time approved by the employee's supervisor. Upon separation, employees are entitled to be reimbursed for any unused vacation leave, not to exceed the maximum accrual allowed for the years of service completed. It is compulsory to take at least one week of earned vacation per year. All vacation schedules must be approved in advance by your supervisor and the mayor to prevent excessive overtime. An employee may sell one week of accrued vacation leave during a calendar year. Vacation time must be taken by the end of each calendar year. (3) Sick leave. All full-time employees shall accumulate 8 hours sick leave with pay for each month of work completed for the municipality. Sick leave may be granted for any of the following reasons: (a) Personal illness or physical incapacity resulting from causes beyond the employee's control. (b) Exposure to contagious disease so that employee's presence at work might jeopardize the health of other employees. (c) Medical, dental, optical or other professional treatments or examinations. (d) Acute illness of a member of the employee's immediate family. (e) Three (3) consecutive days of sick leave may require a doctor's statement.

31 (f) An employee may accrue up to 90 days of sick leave, however, they are not reimbursable upon separation of employment. (4) Bereavement pay. An employee who is required to be absent from work in order to arrange and/or attend the funeral of an immediate family member, will be given up to three days off with pay at straight time hourly rate subject to these guidelines: (a) Immediate family consists to spouse, child, mother, father, brother, sister, mother-in-law, father-in-law, grandfather, grandmother, step-father, step-mother, grandchild, step-child. (b) One of the three days must be the day of the funeral if during the scheduled work week. (c) One day bereavement pay may be given an employee to attend the funeral of a relative if on a regular scheduled work day. (d) An employee may be given time off without pay to attend the funeral of a non-relative.. (e) Proof of dates and attendance of the funeral may be required Grievance procedures. (1) Grievance policy. The purpose of this section is to prescribe uniform disposition procedures of grievance presented by individual employees. A grievance is a written question, disagreement, or misunderstanding concerning administrative orders involving only the employee's work area, reasonable accommodation under Americans with Disabilities Act, physical facilities, unsafe equipment, or unsafe material used. The grievance must be submitted within five (5) working days of the incident causing the grievance. Employees must remember that there is no grievance until the department head or other appropriate person has been made aware of the dissatisfaction by written notice. Once this is done, the following steps are to be taken. Step 1. Step 2. Step 3. Step Discuss the problem with the immediate supervisor. If satisfaction is not obtained, the grievance is advanced to the second step. Discuss the problem with the mayor. If the grievance is not resolved, it is advanced to the third step along with all documentation. Discuss the problem with the appropriate department committee. The council decision is the last step in the process. The decision of the council is final and binding to all parties involved State and federal personnel mandates. (1) Discrimination prohibited. The municipality is an equal opportunity employer. Except as

32 otherwise permitted by law, the municipality will not discharge or fail or refuse to hire any individual, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of the individual's race, color, religion, gender, or national origin, or because the individual is forty (40) or more years of age. The municipality will not discriminate against qualified individual with a disability because of the disability in regard to job application procedures, hiring or discharge, employee compensation, job training, or other terms, conditions, and privileges of employment. (Title VII of Civil Rights Act of U.S.C. SS2000e ; Equal Pay Act U.S.C. S206(d); Age Discrimination in Employment Act - 29 U.S.C. SS621 et. seq.; Americans With Disabilities Act - 42 U.S.C. SS506 et seq.) (2) Sexual harassment prohibited. Sexual harassment by any employee or elected or appointed official of the municipality will not be tolerated. Sexual harassment is unwanted sexual conduct, or conduct based upon sex, by an employee's supervisor(s) or fellow employees or others at the work place that creates a hostile work environment, makes decisions contingent on sexual favors, or adversely affects an employee's job performance. Examples of conduct that may constitute sexual harassment are: sexual advances, requests for sexual favors, propositions, physical touching, sexually provocative language, sexual jokes, and display of sexually-oriented pictures or photographs. Any employee who believes that he or she has been subjected to sexual harassment should immediately report this to the mayor or council. Within the limits of the Tennessee Open Records Law, the municipality will handle the matter with as much confidentiality as possible. There will be no retaliation against an employee who makes a claim of sexual harassment or who is a witness to the harassment. The municipality will conduct an immediate investigation in an attempt to determine all the facts concerning the alleged harassment. If the municipality determines that sexual harassment has occurred, corrective action will be taken. The municipality will attempt to make the corrective action reflect the severity of the conduct. If it is determined that no harassment has occurred, this will be communicated to the employee who made the complaint, along with the reasons for the determination. (3) Occupational safety and health. The municipality shall provide safety and health protection for all employees in accordance with Occupation Safety and Health Administration (OSHA) Legislation (29 U.S.C. SS656 et seq.) and the Tennessee OSHA Law (Tennessee Code Annotated, et seq.). (4) Overtime compensation. The Fair Labor Standards Act (FLSA) shall govern the overtime compensation of municipal employees (29 C.F.R. SS553.1 et seq.). (5) Military leave/veterans' re-employment. All employees who are members of reserve components of the armed forces, including the National Guard, are entitled to leave while engaged in "duty or training in the service of 4-7

33 this state, or of the United States, under competent orders," and they must be given such leave with pay not exceeding 15 working days in any one calendar year (Tennessee Code Annotated, ). Also, any employee of the municipality who leaves his/her job, voluntarily or involuntarily, to enter active duty in the armed forces may return to the job in accordance with Veterans' Reemployment Rights (38 U.S.C. S ) and the Tennessee Military Leave Act (Tennessee Code Annotated, et seq.). (6) Family and medical leave. If the municipality has 50 or more employees on the payroll an eligible employee (one who has been employed at least 12 months and worked at least 1250 hours in the preceding 12 months) will be provided 12 calendar weeks of unpaid leave for medical conditions of the employee or his/her family members in accordance with the Family and Medical Leave Act (P.L ). (7) Commercial driver's license. All employees that drive (a) A vehicle with a gross weight of more than 26,000 pounds; (b) A trailer with a gross weight of more than 10,000 pounds; (c) A vehicle designed to transport more than 15 passengers, including the driver; and (d) Any size vehicle hauling hazardous waste requiring placards are required to have a Tennessee commercial driver's license in accordance with Tennessee Code Annotated, et seq. Fire truck, police vehicle, and emergency medical vehicle operators are exempt from the CDL requirements. (8) Employee drug testing. All employees in safety-sensitive positions (such as gas employees, equipment/vehicle operators that require a commercial driver's license, etc.) are subject to alcohol and drug testing in accordance with the Department of Transportation (DOT) Omnibus Transportation Employee Testing Act of 1991 (P.L , Title V) and the Natural Gas Pipeline Safety Act (49 CFR Part 199). Other employees are subject to drug testing in accordance with the drug testing policy of the municipality. The municipality's procedures for drug testing can be found in Title 4 Chapter 4 of this municipal code. (9) Residence requirements. No person "currently employed" by the municipality can be dismissed or penalized "solely on the basis of non-residence" (Tennessee Code Annotated, ). However, all future employees shall be required to live within Smith County. (10) Employee right to contact elected officials. No employee shall be disciplined or discriminated against for communicating with an elected official. However, an employee may be reprimanded for making untrue allegations concerning any job-related matter (Tennessee Code Annotated, ). (11) Civil leave. Civil leave with pay shall be granted to employees for the following reasons: (a) Jury duty (Tennessee Code Annotated, ). (b) To answer a subpoena to testify for the municipality. 4-8

34 (12) Voting. When elections are held in the state, leave for the purpose of voting, if requested, shall be in accordance with Tennessee Code Annotated, (13) Political activity. Employees have the same rights as other citizens to be a candidate for state or local political office (except for membership on the municipal governing body) and to participate in political activities by supporting or opposing political parties, political candidates, and petitions to governmental entities. No employee may campaign on municipal time or in municipal uniform nor use municipal equipment or supplies in any campaign or election (Tennessee Code Annotated, ). (14) Travel policy. All employees, including elected and appointed officials, are required to comply with the municipality's travel policy, Resolution No , as required by Tennessee Code Annotated, Miscellaneous personnel policies. (1) Outside employment. No full-time employee of the municipality may accept any outside employment without written authorization from the mayor. If an agreement cannot be reached between the mayor and employee, the employee may appeal it before the council for authorization. (2) Use of municipal time, vehicles, facilities, etc. No employee may use or authorize the use of municipal time, facilities, equipment, or supplies for private gain or advantage to oneself or any other person, group or organization other than the municipality. Decisions about aid to charitable, civic or other organizations will be made exclusively by the governing body. The misuse or unnecessary roughness of any equipment, vehicles, or other property belonging to the city shall lead to suspension or immediate dismissal. Employees shall not repair, clean up or do maintenance on any private vehicles or equipment on city time. The normal maintenance and minor repairs required on city vehicles and equipment shall be performed only by authorized personnel. (3) Accepting of gratuities. No employee shall accept money, other considerations, or favors from anyone other than the municipality for performing an act that he/she would be required or expected to perform in the regular course of his/her duties. No employee shall accept, directly or indirectly, any gift, gratuity, or favor of any kind that might reasonably be interpreted as an attempt to influence his/her actions with respect to the municipalities business. (4) Misconduct. The following are some acts of misconduct that may result in disciplinary actions that may consist of one or more of the following: oral warning, written warning, dismissal. (a) Neglect or inattention to duty. (b) Sleeping while on duty. (c) Excessive absenteeism or tardiness. 4-9

35 4-10 (d) Failure to observe working hours schedules (starting time, quitting time, rest and meal periods). (e) Unauthorized stops and routes made by city employees during the performance of their jobs. (f) Drinking any kind of intoxication liquor or under the influence of narcotics while on duty. (g) Intoxication while on duty. (h) Insubordination. Disobedience of orders, refusal to carry out instructions, directions, and/or assignments from supervisors. (i) Willingly making a false official report. (j) Receiving or accepting any fee, bribe, reward or gift of any kind from any person. (k) Failure to take up grievances through the proper channels. (l) Disclosing confidential or proprietary information concerning citizens, other city employees or the city to any unauthorized person. (m) Stealing, whether it is city property or property belonging to employees or others. (n) Deliberately abusing, destroying, damaging, or defacing city property, tools or equipment. (o) Fighting or provoking a fight, negligence or horseplay resulting in injury, repeated or gross violations of safety rules. (p) Unauthorized disposal or appropriation of any city property. (q) Falsification of city records (including falsifying reasons for medical leaves). NOTE: DURING THE PROBATIONARY PERIOD, VIOLATIONS OF THESE MISCONDUCTS MAY RESULT IN DISCHARGE Dismissal. (1) At-will. Employees may be dismissed for cause, no cause, or for any cause as long as it does not violate federal and/or state law or the municipal charter Personnel policy changes. Nothing in this resolution may be construed as creating a property right or contract right to the job for any employee. The provisions of this policy may be unilaterally changed by resolution of the governing body from time to time as the need arises.

36 Change 4, June 27, CHAPTER 3 OCCUPATIONAL SAFETY AND HEALTH PROGRAM SECTION Title Purpose Coverage Standards authorized Variances from standards authorized Administration Funding the program Deleted Title. This section shall provide authority for establishing and administering the occupational safety and health program plan for the employees of Town of Carthage. (Ord. #297, Nov. 1999, as replaced by Ord. #319, June 2003, and Ord. #382, Feb. 2012) Purpose. The Town of Carthage, in electing to update their established program plan will maintain an effective occupational safety and health program for its employees and shall: (1) Provide a safe and healthful place and condition of employment that includes: (a) Top management commitment and employee involvement; (b) Continually analyze the worksite to identify all hazards and potential hazards; (c) Develop and maintain methods for preventing or controlling existing or potential hazards; and (d) Train managers, supervisors and employees to understand and deal with worksite hazards. (2) Acquire, maintain and require the use of safety equipment, personal protective equipment and devices reasonably necessary to protect employees. (3) Make, keep, preserve and make available to the Commissioner of Labor and Workforce Development of the State of Tennessee, his designated representatives or persons within the Tennessee Department of Labor and Workforce Development to whom such responsibilities have been delegated, adequate records of all occupational accidents and illnesses and personal injuries for proper evaluation and necessary corrective action as required. (4) Consult with the state commissioner of labor and workforce development with regard to the adequacy of the form and content of records. (5) Consult with the state commissioner of labor and workforce development, as appropriate, regarding safety and health problems which are

37 Change 4, June 27, considered to be unusual or peculiar and are such that they cannot be achieved under a standard promulgated by the state. (6) Provide reasonable opportunity for the participation of employees in the effectuation of the objectives of this program, including the opportunity to make anonymous complaints concerning conditions or practices injurious to employee safety and health. (7) Provide for education and training of personnel for the fair and efficient administration of occupational safety and health standards, and provide for education and notification of all employees of the existence of this program. (Ord. #297, Nov. 1999, as replaced by Ord. #319, June 2003, and Ord. #382, Feb. 2012) Coverage. The provisions of the occupational safety and health program plan for the employees of the Town of Carthage shall apply to all employees of each administrative department, commission, board, division or other agency of the Town of Carthage whether part-time or full-time, seasonal or permanent. (Ord. #297, Nov. 1999, as replaced by Ord. #319, June 2003, and Ord. #382, Feb. 2012) Standards authorized. The occupational safety and health standards adopted by the Town of Carthage are the same as, but not limited to, the State of Tennessee Occupational Safety and Health Standards promulgated, or which may be promulgated, in accordance with section 6 of the Tennessee Occupational Safety and Health Act of (Ord. #297, Nov. 1999, as replaced by Ord. #319, June 2003, and Ord. #382, Feb. 2012) Variances from standards authorized. The Town of Carthage may, upon written application to the Commissioner of Labor and Workforce Development of the State of Tennessee, request an order granting a temporary variance from any approved standards. Applications for variances shall be in accordance with Rules of Tennessee Department of Labor and Workforce Development, Occupational Safety, chapter as authorized by Tennessee Code Annotated, title 50. Prior to requesting such temporary variance, the Town of Carthage shall notify or serve notice to employees, their designated representatives or interested parties and present them with an opportunity for a hearing. The posting of notice on the main bulletin board as designated by the Town of Carthage shall be deemed sufficient notice to employees. (Ord. #297, Nov. 1999, as replaced by Ord. #319, June 2003, and Ord. #382, Feb. 2012) 1 State law reference Tennessee Code Annotated, title 50, chapter 3.