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Employee Personnel Policy 4-2022
Town of Cortlandville 3577 Terrace Road Cortland, NY 13045 1.607.756.6091 EMPLOYEE HANDBOOK Updated: April 2022 Adopted: September 7, 2016 Revised: November 2, 2016 Revised: June 20, 2018 Revised: April 3, 2019 Revised: December 2020 Copyright © 2022 HR One, E. Syracuse, New York. This employee handbook is copyrighted material and is intended only for the internal use of the Town of Cortlandville. The Town of Cortlandville may copy this employee handbook for distribution to its employees. The contents of this employee handbook may not be copied or reproduced in any form or by any means for any other individual or organization without the prior written permission of HR One. able of Contents 100 INTRODUCTION --------------------------------------------------------------------------------- 100-1 101 Welcome Message --------------------------------------------------------------------------- 100-1 102 Definitions --------------------------------------------------------------------------------------- 100-1 103 Employee Handbook Disclaimer ---------------------------------------------------------- 100-2 104 Purpose of Employee Handbook --------------------------------------------------------- 100-3 200 EMPLOYMENT CLASSIFICATIONS ------------------------------------------------------ 200-1 201 Full-Time Employees ------------------------------------------------------------------------ 200-1 202 Part-Time Employees ------------------------------------------------------------------------ 200-1 203 Interns -------------------------------------------------------------------------------------------- 200-1 204 Temporary Employee ------------------------------------------------------------------------ 200-1 205 Seasonal Employee -------------------------------------------------------------------------- 200-1 206 Exempt Employees --------------------------------------------------------------------------- 200-1 207 Non-Exempt Employees -------------------------------------------------------------------- 200-1 300 EMPLOYMENT POLICIES ------------------------------------------------------------------- 300-1 301 Employment-at-Will --------------------------------------------------------------------------- 300-1 302 Oath of Office ---------------------------------------------------------------------------------- 300-1 303 Hiring Practices -------------------------------------------------------------------------------- 300-1 304 Procedure for Filing Vacancies ------------------------------------------------------------ 300-2 305 Employment of Minors ----------------------------------------------------------------------- 300-2 306 Orientation Period ---------------------------------------------------------------------------- 300-3 307 Promotions and Transfers ------------------------------------------------------------------ 300-3 308 Separation from Employment ------------------------------------------------------------- 300-4 400 THE CIVIL SERVICE SYSTEM -------------------------------------------------------------- 400-1 401 Unclassified and Classified Services ---------------------------------------------------- 400-1 402 Civil Service Appointments ----------------------------------------------------------------- 400-1 403 Examinations and Promotions------------------------------------------------------------- 400-2 404 Veteran’s Credits ------------------------------------------------------------------------------ 400-2 500 TOWN AND EMPLOYEE RECORDS ----------------------------------------------------- 500-1 501 Confidentiality of Town and Employee Records -------------------------------------- 500-1 502 Personnel Records --------------------------------------------------------------------------- 500-2 503 Electronic Documents Retention --------------------------------------------------------- 500-2 504 The SHIELD Act ------------------------------------------------------------------------------- 500-3 505 Records Disposal ----------------------------------------------------------------------------- 500-4 506 Outside Requests for Information -------------------------------------------------------- 500-4 T 600 COMPLIANCE POLICIES -------------------------------------------------------------------- 600-1 601 Equal Employment Opportunity ----------------------------------------------------------- 600-1 602 Anti-Harassment and Sexual Harassment --------------------------------------------- 600-3 603 Complaint Procedure and Investigations ----------------------------------------------- 600-6 700 OPERATIONAL POLICIES ------------------------------------------------------------------- 700-1 701 Hours of Operation --------------------------------------------------------------------------- 700-1 702 Work Schedules ------------------------------------------------------------------------------- 700-2 703 Meal Periods ----------------------------------------------------------------------------------- 700-2 704 Break Periods ---------------------------------------------------------------------------------- 700-2 705 Nursing Mothers Accommodation -------------------------------------------------------- 700-3 706 Emergency Closings ------------------------------------------------------------------------- 700-3 707 Time Records ---------------------------------------------------------------------------------- 700-4 708 Bonding ------------------------------------------------------------------------------------------ 700-4 709 Business Expenses -------------------------------------------------------------------------- 700-5 710 Use of Town Vehicles------------------------------------------------------------------------ 700-5 800 ATTENDANCE, TARDINESS AND LEAVES OF ABSENCE ---------------------- 800-1 801 Attendance-------------------------------------------------------------------------------------- 800-1 802 Jury and Witness Duty Leave ------------------------------------------------------------- 800-2 803 Military and Reserve Leaves --------------------------------------------------------------- 800-3 804 Military Spousal Leave ---------------------------------------------------------------------- 800-4 805 Bereavement Leave -------------------------------------------------------------------------- 800-4 806 Medical and Personal Leaves of Absence --------------------------------------------- 800-5 807 Time Off to Vote ------------------------------------------------------------------------------- 800-7 808 Time Off to Donate Blood or Bone Marrow -------------------------------------------- 800-7 809 Volunteer Emergency First Responders ------------------------------------------------ 800-8 900 COMPENSATION ------------------------------------------------------------------------------- 900-1 901 Pay Rates and Pay Increases ------------------------------------------------------------- 900-1 902 Overtime ----------------------------------------------------------------------------------------- 900-1 903 Payroll Period and Payday ----------------------------------------------------------------- 900-1 904 Payroll Deductions ---------------------------------------------------------------------------- 900-2 1000 EMPLOYEE BENEFITS ------------------------------------------------------------------ 1000-1 1001 Employee Benefits Administration -------------------------------------------------- 1000-1 1002 Medical Insurance ----------------------------------------------------------------------- 1000-1 1003 Dental – Vision Insurance ------------------------------------------------------------- 1000-2 1004 Section 125 Plan ------------------------------------------------------------------------- 1000-3 1005 New York State Retirement Plan ---------------------------------------------------- 1000-3 1006 Continuation of Insurance Benefits ------------------------------------------------- 1000-3 1007 Vacation Leave --------------------------------------------------------------------------- 1000-4 1008 Longevity Awards ------------------------------------------------------------------------ 1000-6 1009 Sick Leave --------------------------------------------------------------------------------- 1000-7 1010 Personal Leave --------------------------------------------------------------------------- 1000-8 1011 Holidays ------------------------------------------------------------------------------------ 1000-9 1012 Disability Coverage ---------------------------------------------------------------------------- 10 1013 Workers' Compensation ------------------------------------------------------------- 1000-11 1014 Unemployment Insurance ----------------------------------------------------------- 1000-11 1015 Social Security and Medicare ------------------------------------------------------ 1000-12 1016 Educational Assistance -------------------------------------------------------------- 1000-12 1017 Professional Development ---------------------------------------------------------- 1000-12 1100 PERSONAL CONDUCT ------------------------------------------------------------------ 1100-1 1101 Personal Appearance------------------------------------------------------------------- 1100-1 1102 Misrepresentation ------------------------------------------------------------------------ 1100-2 1103 Substance-Free Workplace ----------------------------------------------------------- 1100-2 1104 Outside Employment-------------------------------------------------------------------- 1100-4 1105 Driving on Town Business ------------------------------------------------------------- 1100-4 1106 Personal Conduct ------------------------------------------------------------------------ 1100-6 1107 Corrective Discipline -------------------------------------------------------------------- 1100-7 1108 Fraternization ----------------------------------------------------------------------------- 1100-9 1109 Ethics ---------------------------------------------------------------------------------------- 1100-9 1110 Conviction Notification ------------------------------------------------------------------------ 10 1200 TOWN PREMISES AND WORK AREAS ------------------------------------------- 1200-1 1201 Town Property ---------------------------------------------------------------------------- 1200-1 1202 Personal Belongings -------------------------------------------------------------------- 1200-2 1203 Maintenance of Work Area ------------------------------------------------------------ 1200-2 1204 Parking-------------------------------------------------------------------------------------- 1200-2 1205 Smoke-Free Workplace ---------------------------------------------------------------- 1200-3 1206 Charitable Solicitation and Distribution --------------------------------------------- 1200-3 1300 SAFETY AND SECURITY --------------------------------------------------------------- 1300-1 1301 Safety Program --------------------------------------------------------------------------- 1300-1 1302 Accidents and Injuries ------------------------------------------------------------------ 1300-2 1303 Building Evacuation --------------------------------------------------------------------- 1300-2 1304 Infectious Disease Control ------------------------------------------------------------ 1300-3 1305 OSHA/PESH ------------------------------------------------------------------------------ 1300-5 1306 Building Security ------------------------------------------------------------------------- 1300-6 1307 Visitors -------------------------------------------------------------------------------------- 1300-6 1308 Animals in the Building ----------------------------------------------------------------- 1300-6 1309 Restricted Areas ------------------------------------------------------------------------- 1300-6 1310 Workplace Violence --------------------------------------------------------------------- 1300-7 1311 Workplace Searches -------------------------------------------------------------------- 1300-7 1400 COMMUNICATIONS AND TECHNOLOGY ---------------------------------------- 1400-1 1401 Employee Questions and Concerns ------------------------------------------------ 1400-1 1402 Employee Communications ----------------------------------------------------------- 1400-1 1403 Use of Electronic Communications Systems and Equipment --------------- 1400-1 1404 Social Media ------------------------------------------------------------------------------ 1400-3 1405 Social Media and Photography ------------------------------------------------------ 1400-4 1406 Telephone/Wireless Device Usage ------------------------------------------------- 1400-4 1407 Mail ------------------------------------------------------------------------------------------ 1400-5 1408 Employee Suggestions ----------------------------------------------------------------- 1400-5 1409 Public and Media Relations ----------------------------------------------------------- 1400-5 1500 THE CIVIL SERVICE SYSTEM -------------------------------------------------------- 1500-1 1501 The Merit System ------------------------------------------------------------------------ 1500-1 1502 The Unclassified and Classified Services ----------------------------------------- 1500-1 1503 Veteran’s Club ---------------------------------------------------------------------------- 1500-1 1504 Eligible Lists ------------------------------------------------------------------------------- 1500-1 1505 Appointments ----------------------------------------------------------------------------- 1500-2 1506 Examinations and Promotions ------------------------------------------------------- 1500-2 1600 CONCLUSION ------------------------------------------------------------------------------ 1600-1 1601 Conclusion --------------------------------------------------------------------------------- 1600-1 Town of Cortlandville April 2022 100-1 100 INTRODUCTION 101 Welcome Message Welcome to the Town of Cortlandville, hereafter referred to throughout this employee handbook as The Town“. We are pleased to have you as a member of the Town of Cortlandville team and we believe you can make an important contribution to our future. Every employee, individually and as a team member, has an important role, that of serving the residents of the Town. It is our employees who provide the services that our residents rely upon and enable us to grow and create new opportunities for the Town in the years to come. We hope you will find your service with the Town of Cortlandville challenging and rewarding. 102 Definitions For the purpose of this employee handbook, the following terms are defined as follows: The Town of Cortlandville may be referred to as the “Town”. Main Office - Our main office is located at 3577 Terrace Road, Cortland, NY 13045, and serves as the base of operations for the Accounting, Human Resource, Town Offices, and Town Hall. Anniversary Date - The date of an employee's first day of employment with the Town of Cortlandville. This date is used to compute certain employee benefits. Employee - An individual who is employed by the Town as a full-time, part-time or temporary worker as employed by the Town including, but not limited to an appointed official, an appointed member of the board of commission, Department Head, managerial employee, provisional employee, probationary employee, temporary employee, seasonal employee, trainee or student intern. Independent contractors and individuals employed by temporary employment agencies who are assigned to work at the Town on a short-term basis are not considered employees. Civil Service Law - For the purposes of this employee handbook, “Civil Service Law” shall mean the New York State Civil Service Law and shall include the Cortland County Department of Personnel Rules for Classified Services. Town Board – For the purposes of this employee handbook, “Town Board” will mean the Town Board of the Town of Cortlandville. Elected Official – For the purpose of the employee handbook, “Elected Official” will mean and refer to any of the following elected officials for the Town of Cortlandville. Town Supervisor Town Councilmen (4) Town Justice (2) Town Clerk/Collector Superintendent of Highway All other personnel are either: appointed, personally hired or civil service employees. Town Department Head – For the purposes of this handbook “Town Department Head” will mean the Town Department Head of the Town of Cortlandville. When referenced in this employee handbook, Town Department Head shall also mean an individual acting with the Town Department Heads properly designated Department. Town of Cortlandville April 2022 100-2 Department Head – For the purposes of this employee handbook “Department Heads” will mean the person in charge of the any department, agency, bureau, unit of the Town of Cortlandville. Individuals in the following positions are currently designated as Department Heads. This list is subject to change: Town Department Head Superintendent of Highway Superintendent of Water/Sewer Town Clerk/Collector Town Justice(s) Town Assessor(s) Bonding Requirement – Certain positions in the Town require employees to be bonded. It is the responsibility of the employee to ensure s (he) is bondable and to maintain bondable status. The Town will pay the full cost of bonding. Violations of this policy may result in immediate termination of your employment. Immediate Family Member - An employee's spouse*, domestic partner, child, stepchild, parent, stepparent, grandparent, grandchild, sibling, step-sibling, mother-in-law, father-in-law. Sister-in-law, brother-in-law, daughter-in-law, son-in-law, aunt, uncle, and any other member residing in the employee's household. *This includes a married spouse of the same or opposite sex. Management - An individual who has been designated by the Town to direct a division or department. Department Head - An individual who has been designated by the Town to assign, direct, and/or appraise the work of a designated group of employees. 103 Employee Handbook Disclaimer Not an Employment Contract - The policies, procedures, and rules set forth in this employee handbook are not intended to be all-inclusive. The employee handbook should therefore not be interpreted as forming an express or implied contract of employment. The Town reserves the right, at its sole discretion to change, modify or rescind any section of this Employee Handbook at any time with or without cause or notice, with the exception of the employment-at-will policy. Policy Exceptions - The employee handbook should not be interpreted as a guarantee that the policies discussed in it will be applied in all cases. At its sole discretion, the Town may make exceptions to its policies from time to time. Policy Interpretation - The Town reserves the right to make the final decision as to the interpretation of all information presented in this employee handbook. Compliance with Government Regulations – The Town has made every effort to ensure the policies in this Handbook are in compliance with all federal, state, and local employment laws and regulations. In the event that a federal, state, or local regulation conflicts with any provision contained in this employee handbook, the appropriate law or regulation shall prevail and the provision deemed amended to the extent necessary to comply with said law or regulation. Protected Activity Under the NLRA - Conduct that is protected under the National Labor Relations Act is not prohibited by this Employee Handbook or the policies of the Town of Cortlandville. Nothing in this Employee Handbook is intended or will be interpreted or applied, to interfere with, restrain, or prohibit employees from exercising their rights protected under federal and state laws, including the labor law right to discuss wages, hours or other terms and conditions of employment and to engage in other concerted, protected activity. This Employee Handbook is intended to comply with all federal, state, and local laws and regulations, and will not be interpreted, applied or enforced in a manner that violates such regulations. Town of Cortlandville April 2022 100-3 104 Purpose of Employee Handbook Purpose - The purpose of this employee handbook is to communicate to all employees the Town’s personnel policies, important information and practices that affect employment information about many of the personnel policies that affect employment and guide daily operations of all employees and Elected Officials. The employee handbook provides an overview of the Town’s policies that relate to rules, regulations, procedures, practices, compensation, and employee benefits. It is not intended to be comprehensive or to address all the possible applications of, or exceptions to, the general policies and procedures described. Previous Employee Handbook - Unless otherwise notified, this Employee Handbook supersedes and replaces any and all previous Employee Handbooks, verbal or written policy statements, practices and procedures issued by the Town. Employee Handbook Updates - Every effort is made to keep the information in this Employee Handbook up to date. From time to time, policies may be added, revised, or revoked before a written revision is made to the Employee Handbook. An employee is required to abide by updated policies communicated by the Town. Employee Responsibility - Each employee is expected to read, understand, and comply with all provisions of this Employee Handbook. Because the Employee Handbook serves as an excellent source of information, it should be retained for future reference. Statutes, Laws and Ordinances – In the event a federal or state statue or a Town Law or ordinance should conflict with any provisions contained in this Employee Handbook, then such statute, law or ordinance will prevail. Questions – Any questions regarding any topic covered in the employee handbook should be directed to the appropriate Department Head or the Bookkeeper for clarification. Town of Cortlandville April 2022 200-1 200 EMPLOYMENT CLASSIFICATIONS Policy Statement - Each position is also designated as exempt or non-exempt from minimum wage and overtime requirements in accordance with federal and state regulations. Employees are notified of their employment classification and exempt/non-exempt status at the time of hire and if changed during the course of employment. For the purpose of this employee handbook, the following terms are defined as follows: 201 Full-Time Employees A full-time (12 month) employee is an employee who is hired and is regularly scheduled to work a specific number of hours per week. Hours vary depending on departments: Town Administrative - 35 hours Water/Sewer Department - 40 hours Highway - 40 hours 202 Part-Time Employees A part-time employee is an employee who is hired for a continuing, unspecified period and is regularly scheduled to work less than 35 hours per week. Part-time employees are not eligible for benefits until status changes to full-time excluding the Town attorney. 203 Interns An intern is a student, enrolled in an educational program, who participates in a field placement and/or work experience program with the Town. This experience is not a guarantee of future employment with the Town, but rather a platform for a work-related learning experience. 204 Temporary Employee A temporary employee is an employee who is employed on an interim basis or employed to work on a special or emergency basis for a specified period, consistent with the Civil Service Law as applicable. 205 Seasonal Employee The term seasonal employee means an employee who is employed to work for a given season. 206 Exempt Employees An exempt employee is an employee who qualifies for an exemption from federal and state minimum wage and overtime provisions. In accordance with these regulations, an exempt employee is not eligible for overtime compensation. 207 Non-Exempt Employees A non-exempt employee is an employee who is subject to federal and state minimum wage and overtime provisions. In accordance with such regulations, a non-exempt employee is paid the current statutory minimum wage or higher and overtime compensation when more than 40 hours are worked during a workweek. Town of Cortlandville April 2022 300-1 300 EMPLOYMENT POLICIES 301 Employment-at-Will Policy Statement – The Town of Cortlandville follows the practice of employment-at-will. The Town does not promise or guarantee employment for any specified period of time. Either an employee or the Town may end the employment relationship at any time, for any reason, with or without cause or notice. 302 Oath of Office Requirement – Each Town Officer as defined in the Town Law and the Public Officers Law, must take the Oath of Office in accordance with Town Law Section 25 and Public Officers Law Section 10, which must be administered prior to commencing the duties and must be filed in the office of the Town Clerk within thirty calendar days of commencement of the term of office. Each official who is re-elected or re-appointed to a subsequent term must take the Oath of Office for each term. Filing the Oath – The Oath of Office must be filled in either the Office of the County Clerk or the Town Clerk within thirty days of commencement of the term of office. 303 Hiring Practices Policy Statement – The Town has implemented policies and procedures to select and hire the most qualified candidates for open positions within the Town. Selection Process – The Town selects and hires individuals on the basis of many factors including, but not limited to, their ability, experience, education, skills, and cooperative spirit. The selection process includes written application, personal interviews, verification of applicant information, criminal background check and reference checks. Employment Application - All applicants are required to complete an Employment Application. Applicants must provide complete and accurate information regarding their qualifications on this form. Misrepresentations or omissions on an Employment Application may remove an applicant from consideration for employment, or if already hired, subject the employee to termination of employment. Verification of Employment Information - Prior to making an offer of employment, the Town may conduct a job-related verification of the data provided on the employment application (i.e.; prior employment verification, education confirmation, and other verification of statements and skills claimed on the application and/or the resume. Background Checks - After making a conditional offer of employment, the Town may conduct drug screening, criminal background, and/or credit checks, as permitted by law. Third-party services may be hired to perform these checks. All offers of employment and continued employment are contingent upon a satisfactory background check. Town of Cortlandville April 2022 300-2 Criminal Convictions - A criminal conviction does not necessarily bar an applicant from employment. Employment decisions based on criminal convictions take into consideration many factors, including but not limited to, the public policy of New York State to encourage the employment of individuals previously convicted of criminal offenses, the specific duties and responsibilities necessary for the position sought, the extent to which the offense bears upon the ability of the applicant to perform the duties and responsibilities of the particular job sought, the seriousness of the offense, length of time since the conviction, the age of the applicant at the time of the criminal offense, and information produced by the applicant indicating rehabilitation and good conduct. Former Employees - A former employee may be considered for re-employment with the Town based on the reason for the previous separation and the Town's current business needs. An employee who resigns without submitting or fulfilling the requested notice or who is terminated for misconduct is generally not considered for re-employment. Re-employment is subject to the following: The re-hired individual is considered a new employee effective on the date of re-employment and a new orientation period must be completed; Eligibility for group insurance programs is the same as for all new hires; Prior service under the retirement plan is restored in accordance with government regulations and the terms of the plan; and Relatives or Domestic Partners - Employment of relatives and domestic partners is permitted, except in circumstances where he or she would be directly or indirectly supervised by a relative or in a situation where influence could be exerted on future decisions concerning the status of employment, promotion, or compensation. Exceptions are made with Board approval. 304 Procedure for Filing Vacancies Statement of Compliance – The Town of Cortlandville complies with all applicable federal, state and local laws, rules, and regulations throughout the employee selection process, including, but not limited to, the Public Officers Law, Civil Service Law, Title VII, and the Americans with Disabilities Act, and is an Equal Opportunity employer. Notification of Vacancies – In the event there is a vacancy in a new or existing position which the Town intends to maintain, the vacancy will be advertises and/or posted and qualified individuals interviewed. Residency Preference – In the event there is a vacancy in a new or existing position which the Town intends to maintain, the Town will give preference to qualified applicants who are resident of the Town. 305 Employment of Minors Policy Statement – Employees under the age of eighteen (18) years of age are hired as temporary employees to work in the Town of Cortlandville Parks, Highway and Water/Sewer Department. There are certain restrictions on the duties and work hours for minors; the Department Head will review all information with this classification of employees. Working Papers – Minors must provide working papers before any work can be performed for the Town. The Town will maintain the working papers in the employee’s personnel file during the entire length of employment. Town of Cortlandville April 2022 300-3 306 Orientation Period Policy Statement - All new and rehired employees participate in an orientation period that is conducted by the employee's Department Head and various Town representatives. The purpose of the orientation period is to welcome new employees and familiarize them with the Town. Throughout the orientation period, new employees are given the opportunity to learn their job duties and demonstrate satisfactory performance and attendance. Length - The orientation period generally extends up to 6-12 months. The Town reserves the right to extend or shorten the orientation period at its sole discretion. Topics Covered - Topics normally covered during the orientation period include, but are not limited to, a tour of the office, facility, distribution and review of this employee handbook, and enrollment in Town-sponsored benefits, if applicable. In addition, the employee's Department Head is responsible for introducing the employee to coworkers, scheduling on-the-job training, and reviewing the job description and performance requirements of the position. Performance Review - Throughout the orientation period, the employee's Department Head monitors and evaluates the employee's job performance, work habits, attendance, cooperation, and potential for development in the position so that any concerns can be addressed with the employee. The Department Head also determines if continued employment is appropriate. Employment Contract - The orientation period is not a contract of employment for any set period of time nor does completion of the orientation period guarantee continued employment or alter the at-will employment relationship. Transfers and Promotions - An employee who is transferred or promoted to another position within the Town may be required to complete an orientation period for this new position. The employee remains eligible for all applicable Town-sponsored benefits during the orientation period. If an employee does not perform satisfactorily in the new position, the employee may be returned to the original job held, if a vacancy exists, or is subject to termination, at the Town's sole discretion. 307 Promotions and Transfers Policy Statement – The Town of Cortlandville encourages the career development and growth of employees through promotions and lateral transfers to other positions within the Town for which they are qualified. Job Vacancies - When there are job vacancies, the Town will consider any current employees who possess the minimum qualifications required for the position. An employee who is interested in being considered for a job vacancy should notify the employee's Department Head. In order to ensure the most qualified person is hired, the Town reserves the right to recruit external applicants for any job vacancy at any time. Eligibility Requirements – For employees to be promoted, they must demonstrate they have the basic skills and abilities, an agreeable attitude, a record of above average performance on prior jobs, satisfactory attendance and tardiness records, a demonstrated willingness to learn, and other positive attributes of a satisfactory employee. Promotions are not based solely on length of service. Exceptions to the requirements may be considered on a case-by-case basis. Application Procedure - An employee who is interested in applying for a promotion or transfer must submit a letter of interest to the Department Head, within the deadline indicated with a completed application. Unsatisfactory Performance - If an employee does not perform satisfactorily in the new position, the employee may be returned to the original job held, if a vacancy exists, or is subject to termination, at the Town’s sole discretion. Town of Cortlandville April 2022 300-4 308 Separation from Employment Notice of Resignation - An employee who elects to resign or retire from employment with the Town is asked to submit a written notice to the employee's Department Head 2 work weeks before the date of resignation/retirement is to be effective. Department Head staff is asked to give 4 work weeks written notice. The resignation letter should include the reason for resigning and the last date of employment the resignation is to take effect. If an employee provides more notice than requested, the Town will determine whether the additional notice is necessary for efficient operations. An employee is generally not allowed to rescind a verbal or written notice of resignation once it has been submitted to the employee’s Department Head. Completion of Notice Period - When a resignation notice is submitted, the Town reserves the right to provide an employee with two weeks of pay in lieu of notice. Use of Paid Benefits - An employee will not normally receive authorization to use credited, unused vacation, or personal leave during the notice period unless the time off was approved before the notice of resignation was submitted. To receive paid sick leave during the notice period, an employee may be required to provide verification of the illness from the employee's health care provider. Exit Interviews - Exit interviews are generally conducted by the immediate Department Head and/or Bookkeeper in order to discuss cancellation of employee benefits, COBRA eligibility, return of Town property, and/or the Town's policy regarding employment references. The exit interview also provides an employee the opportunity to ask any employment-related questions and give suggestions, concerns, and constructive recommendations about the Town and its policies. Return of Town Property - All Town property in the employee's possession, such as, but not limited to, Town files (e.g., electronic and paper files), equipment, name badge, keys, smartphones, computers, vehicles, credit cards, uniforms, and Town-issued clothing, must be returned to the employee's Department Head in good working order when requested, but no later than the employee's last day of work. If an employee fails to return ALL Town property, the Town may initiate legal proceedings. Credited Benefits - Refer to the Employee Benefits Section to review the vacation, sick, and personal leave policies for information regarding payment for benefits at the time of separation from the Town. Final Paycheck - An employee's final paycheck for all hours worked is provided on the next regularly scheduled payday after the employee's last day of work. The final paycheck includes payment for credited, unused vacation, sick, and/or personal leave, if applicable. Town of Cortlandville April 2022 400-1 400 The Civil Service System The following is intended as a guide. The Civil Service Law and the Cortland County Department of Personnel Rules for Classified Services shall govern regarding the jurisdictional classification of positions and the appointment and promotion of personnel. 401 Unclassified and Classified Services Unclassified Service – In accordance with Civil Service Law and for purposes for this employee handbook, the term “unclassified service” will include all individuals who are Elected Officials and/or members of boards or commissions. Classified Service – In accordance with Civil Service Law and for purposes of this handbook, the term “Classified Service” as defined by the Civil Service Law and the Cortland County Department of Personnel Rules for Classified Service will include all Town employees who are subject to the Cortland County Department of Personnel Rules for Classified Service. The Classified Service is divided into four jurisdictional classes: Exempt – positions other than unskilled labor positions, for which competitive or non-competitive examinations or other qualification requirements are not practicable (Civil Service Law, Section 41); Competitive – positions for which it is practical to determine merit and fitness by competitive examination; Non-Competitive – positions not in the exempt class or the labor class for which it is not practicable to determine merit and fitness by competitive examination, but rather by a review of training and experience; and Labor – unskilled labor positions, except those positions which can be examined for competitively. 402 Civil Service Appointments Competitive Class – In accordance with Civil Service Law, the following types of appointments may be made to positions in the Competitive Class: Permanent – an appointment in a vacant position in the Competitive Class from an eligible list as a result of examination, following successful completion of a probationary period. Provisional – an appointment to a vacant position in the Competitive Class when there is not an appropriate eligible list. A provisional appointee must take an examination whenever it is scheduled. Thereafter, a permanent appointment will be made on the basis of the eligible list resulting from the examination; or Temporary – an appointment to a position in the Competitive Class for reasons including, but not limited to: emergency work projects; planned termination of the position after a limited time; to replace an employee who is on a leave of absence; to fill a position funded through a temporary grant; or to fill a position vacated by the promotions of another employee until the employee who has been promoted receives permanent status. Town of Cortlandville April 2022 400-2 403 Examinations and Promotions Examinations – In accordance with Civil Service Law, in the event there is a vacancy in a new or existing position in the Competitive Class which the Town of Cortlandville intends to maintain, the Town will fill the vacancy by selection from the eligible list certified by the Cortland County Personnel Department or persons who have taken the appropriate Civil Service examination. The Cortland County Personnel Department will test and rank each candidate according to the individual’s performance on the examination. In accordance with Civil Service Law Section 61, the Town will select one of the top three available candidates on the list to fill the position. Promotions - The Town will offer opportunities for advancement for those employees who qualify. In the event the position is in the Competitive Class, a qualified employee must normally take a promotional examination and the above “one of three” will apply. An employee who wants to be promoted should become knowledgeable about the employee’s present position and be aware of higher level positions for which the employee may be qualified. 404 Veteran’s Credits Summary – An employee who is a veteran as defined by the Civil Service Law may be eligible to apply for veteran’s credits on a Civil Service examination. An employee who is a veteran should contact the Cortland County Personnel Department for details concerning these credits. Town of Cortlandville April 2022 500-1 500 TOWN AND EMPLOYEE RECORDS 501 Confidentiality of Town and Employee Records Policy Statement - All Town and customer information is to be treated with discretion and confidentiality. An employee is prohibited from discussing, photocopying, duplicating, recording, or otherwise revealing the Town of Cortlandville proprietary information or customer information that is not generally known to the public in any form to anyone outside the Town. Disclosure of confidential or sensitive information via any software application or text message is prohibited – this includes taking or sending pictures of such information. The proper use and disclosure of sensitive information applies to both current and former employees. Confidential Information - All records and files maintained by the Town are confidential. This confidential information includes, but is not limited to: personnel records, medical information, trade secrets, and information relating to customers, product development, processes, know-how, designs, drawings, formulas, test data, marketing data, financial information, business plans and strategies, training materials, negotiations and contracts, sales data, inventions, discoveries, and any other proprietary information. Confidential information does not include employee compensation or other terms or conditions of employment. Confidential information may be in physical form or may be learned through conversations with others regarding the Town or its customers. Confidential information obtained as a result of employment with the Town and from contact with customers is considered proprietary and can only be used in the course of employment with the Company. Town Property - All confidential information and products developed by an employee, such as, but not limited to, computer programs, designs, or inventions, remain the sole property of the Town. Personal Identifying Information - The Town will take reasonable measures to ensure the privacy and confidentiality of its employees’ Personal Identifying Information. The Town does not publicly post, display, or share an employee’s personal identifying information with the general public nor are employees allowed to divulge such information. Personal Identifying Information includes any information regarding an individual which, because of name, number, personal mark, or other identifier, can be used to identify said person in combination with any one or more of the following: birthdate, social security number, driver's license number, non-driver identification card number, mother's maiden name, home address or telephone number, personal e-mail address, financial services or banking account number or code, electronic serial number, or personal identification number. Security and Removal of Confidential Information - An employee is responsible for properly securing and maintaining confidential and proprietary material obtained or learned during employment. This includes Town information stored on smart phones, flash drives, and laptops, as well as home computers that are used to conduct Town business. An employee should exercise caution when using a wireless device for business purposes in public areas to ensure that confidential information cannot be viewed by others or that equipment is not stolen. Unauthorized removal of confidential or proprietary information from Town premises is prohibited. Confidentiality/Non-Disclosure Agreement - As a condition of employment, an employee who is hired for a sensitive position may be required to sign a confidentiality non-disclosure agreement at the time of hire or at the time of promotion or transfer to a sensitive position. Confidentiality Breach - An employee is responsible for reporting any breach of confidential Town or employee information to the Department Head immediately. Separation from the Town - The obligation to maintain confidential Town information remains in effect after an employee separates from employment with the Town. Town of Cortlandville April 2022 500-2 502 Personnel Records Policy Statement – The Town maintains records and/or confidential personnel files on employees, former employees, and applicants in accordance with government recordkeeping and reporting requirements. Each employee is responsible for completing any employment-related forms that are required by government regulation or that are necessary for efficient Town operations. Control and Review of Personnel Files - Employee personnel records are confidential and are maintained and controlled by the Bookkeeper. Access to personnel files is limited. Only authorized representatives of the Town have access to personnel files on a need-to-know basis. A current employee must submit a written request to review his or her own personnel file to the Bookkeeper. Based on the reason for the request, the employee may be allowed to review the contents of his or her personnel file in the presence of an authorized member of management. An employee may not copy, remove, or place any material in the employee’s personnel file. Employment Eligibility Verification – The Town of Cortlandville does not knowingly hire or continue to employ undocumented persons who are not authorized to work in the United States. All employees are required to complete and sign an Employment Eligibility Verification Form I-9 and provide documentation establishing identity and eligibility to work in the United States on the first day of work. All offers of employment and continued employment are contingent upon presentation of proof of eligibility to work. Documentation is subject to verification. I-9 Forms are confidential and are maintained separately from employee personnel files in a secure location. Changes in Status - An employee is responsible for ensuring that the Town receives all information needed to maintain up-to-date personnel records. An employee must provide written notification to the Bookkeeper of a change in name, address, telephone number, emergency contact, insurance beneficiary, insurance enrollees, tax withholding status, or marital/dependent status. This list is not all-inclusive. The Town is not responsible for any errors that result from an employee’s failure to inform the Town of changes in this information in a timely manner. 503 Electronic Documents Retention Policy Statement – It is the Town’s policy that employees retain electronic documents that are needed for business purposes or to comply with government regulations. Potential Litigation - An employee is responsible for saving any electronic documents that may be needed for legal and/or business reasons. If an employee believes that documents may be relevant to potential litigation or the employee has been notified of pending litigation, all applicable electronic documents must be saved and preserved in their natural form until informed by management that they are no longer needed. Retention Period - The retention period for electronic documents depends on the subject matter and must be looked at on a case-by-case basis. The Town adopted and abides by the New York State LGS-1 schedule (adopted 7/2020). Method of Retention - E-mails that are to be retained should be printed and saved in the appropriate file or copied into a Word document. Text messages can be emailed as a picture/screen shot. If any electronic documents that are stored on laptops, wireless devices, and/or home computers are to be retained, they should be forwarded to an employee’s business e-mail so that they can be saved on the Company’s network server. Back-Up Server - Information on the Town’s network server is saved to a back-up server on a regular basis. Town of Cortlandville April 2022 500-3 504 The SHIELD Act Policy Statement - In accordance with New York State regulations, the Town of Cortlandville complies with the "Stop Hacks and Improve Electronic Data Security" (SHIELD) Act, implemented to broaden New York’s security breach notification requirements, and requiring businesses to implement safeguards for the "private information" of New York State residents. The SHIELD Act pertains to all Town communication, storage, and transmission systems used by the Town (see Use of Electronic Communications Systems and Equipment policy in this Employee Handbook). Safeguards to Protect Private Information - It is the policy of the Town that all private information shall be protected against unauthorized access to the information collected, including that held in electronic format on Town computer systems. The Town has established and maintains administrative, electronic, and physical safeguards to protect the security, confidentiality and integrity of private information, including an individual's name, social security number, driver’s license number, non-driver identification card number, mother’s maiden name, home address or telephone number, credit or debit card number, financial account number (with or without security code, as long as an unauthorized person could gain access to the account), unique biometric information, and usernames or e-mail addresses with a password that permit access to any online account. The Town has implemented reasonable safeguards to protect sensitive electronic information, consistent with our Town size, industry, and level of risk to our employees and consumers. Safeguards include but are not limited to: specific policies and procedures, vendor management and oversight, restriction of access to private information, designation of at least one person to coordinate cyber security and breach reporting, employee training, routine risk assessments of data, internal audits, and annual vulnerability scanning and testing. Internal Access to Information - Access to private information shall be limited to employees who have a business-related reason to access such information in the course of normal business operations. All employees are required to protect private information from inappropriate access and disclosure. Private Information Risk Management and Control Assessment - To identify any reasonably foreseeable internal and external threats to the security of private information that could result in the disclosure, misuse, alteration or destruction of private information or systems, the Town will take cyber security steps as follows: • Ensure the security of all computer systems so that only trained employees using individually assigned security codes and passwords can access private information; • Train and advise all employees of the Town policy with respect to private information; • Maintain a complete computer backup system to recover private information stored in the system in the event of damage to or destruction of the system; • Periodically test the controls, systems and procedures that are in place to safeguard private information; and • Evaluate the effectiveness of the information security programs and make adjustments necessary due to changes in technology or changes in business operations. Notification in the Event of a Data Breach - In case of a breach of private information, the Town will, in compliance with the protocols of the SHIELD Act, report the breach to the appropriate authorities. Disciplinary Action - Employees who violate this policy will be subject to disciplinary action, up to and including termination from employment. Town of Cortlandville April 2022 500-4 505 Records Disposal Policy Statement - The Town adopted and abides by the New York State LGS-1 schedule (adopted 7/2020). The security of all confidential Town, employee, and customer information is a top priority of the Town. Documents that no longer need to be retained for business or legal purposes are to be disposed of in accordance with government regulations and the Records Management Officer (RMO). Disposal of Paper Documents - Any paper document containing personally identifiable information regarding an employee or customer must be shredded, destroyed, and/or modified to make it unreadable prior to its disposal. A locked receptacle is available in two separate locations within the Town Hall building - check with Records Management Officer (RMO). Disposal of Electronic Documents – The Town adopted and abides by the New York State LGS-1 schedule (adopted 7/2020). An employee should destroy or erase electronic files or media containing employee information and routinely delete outdated or otherwise unnecessary e-mails and computer files that no longer need to be retained. 506 Outside Requests for Information Reference Requests - All requests for information regarding current and former employees that are received from individuals outside the Town must be referred to the Bookkeeper. No other Department Head or employee is authorized to provide information to any outside source or to “recommend” or comment on the job performance of a former employee via LinkedIn or other social media. The Town is not responsible for information provided by an unauthorized employee. Employment Verification - The Bookkeeper will verify dates of employment and position(s) held without the signed consent of the individual. The Town does not guarantee that it will release employment-related information to an outside source even with written consent. The Town will provide information that is legally required by court order or subpoena. Town of Cortlandville April 2022 600-1 600 COMPLIANCE POLICIES 601 Equal Employment Opportunity Policy Statement – The Town is an Equal Opportunity Employer. The Town does not discriminate and will not tolerate discrimination on the basis of a person's race, religion, creed, color, sex, age, national origin, disability, sexual orientation, gender identity or expression, transgender status, gender dysphoria, marital status, family status, pregnancy, military status, veteran status, genetic information including predisposing genetic characteristics or carrier status, arrest or conviction record, domestic violence victim status, or any other legally protected class or status. The Town will not discharge or discriminate against employees or applicants who inquire about, discuss, or disclose their own compensation or the compensation of other employees or applicants. However, if an employee makes the disclosure based on information obtained in the course of performing his or her essential job functions they may be subject to disciplinary action, up to and including termination (i.e., a Payroll Clerk revealing another employee’s salary without their permission). This policy applies to all aspects of the employment relationship, including, but not limited to, advertising, recruiting, hiring, placement, promotion, disciplinary action, termination, layoff, recall, transfer, leave of absence, compensation, benefits, training, working conditions, and participation in social and recreational programs. New York State Human Rights and Labor Regulations - In compliance with New York State human rights and labor regulations, the Town will not discriminate or retaliate against an employee or intern for opposing prohibited practices or for filing a complaint, testifying or assisting in a proceeding brought under the New York State Human Rights Law, including, any of the following: Requesting or taking lactation breaks; Donating blood or bone marrow; Requesting or taking time off from work to vote; Displaying an American flag on the employee’s person or in the employee’s work area; Engaging in lawful, leisure-time recreational activities outside of working time for recreational purposes (e.g., sports, games, hobbies); Participating in political activities outside of working time; Legally using consumable products, including cannabis in accordance with state law, during non-working time off Town premises unless it violates the Company’s substance free workplace policy; Being a victim of a crime and requesting time off from work to seek medical attention, assistive services or counseling related to the violence, to obtain legal services, or to participate in the legal process related to a domestic violence incident; or Grooming in a manner consistent with the employee’s race, including but not limited to, hair texture and protective hairstyles. Workplace Bullying - Repeated inappropriate behavior either direct or indirect, conducted by one or more persons against another or others in the course of employment, will not be tolerated. Examples of bullying include but are not limited to: Verbal Bullying - slandering, ridiculing or maligning a person or his/her family; persistent name calling which is hurtful, insulting or humiliating; using a person as the butt of jokes; abusive and offensive remarks. Town of Cortlandville April 2022 600-2 Physical Bullying - pushing; shoving; kicking; poking; tripping; assault, or threat of physical assault; damage to a person’s work area or property. Gesture Bullying – non-verbal threating gestures; glances which can convey threatening messages. Exclusion – socially or physically excluding or disregarding a person in work-related activities. Diversity and Fair Treatment – The Town recognizes the rich diversity of its employees and the varying cultures, backgrounds, and experiences they each bring to the workplace. The Town is committed to maintaining and promoting a work environment where employees' and customers' similarities and differences are respected and valued. An employee is expected to treat coworkers, customers, vendors, suppliers, and other non-employees that the employee comes in contact with on the job with fairness, dignity, and respect. The Town prohibits an employee from engaging in any form of discrimination, harassment, bullying, or other offensive behavior targeted towards another individual based on any of the protected classes or groups listed above. Discrimination by Others - The Town prohibits employees, vendors, suppliers, visitors, customers, and any other individual that an employee comes in contact with during the course of employment from harassing or discriminating against the Town employees based on any protected class or status. Americans with Disabilities Act – The Town of Cortlandville comply with the Americans with Disabilities Act (ADA) and New York State Human Rights law and related regulations by providing an equal employment opportunity to qualified applicants and employees with disabilities in regards to all terms and conditions of employment. The Town does not discriminate against qualified applicants and employees who have a physical or mental impairment or a record of such impairment. In addition, the Town does not discriminate based on a person’s relationship or association with an individual with a disability. Reasonable Accommodation – The Town does not discriminate against qualified individuals with disabilities who, with or without reasonable accommodation, can perform the essential functions of the employment position held or desired. The Town will provide a reasonable accommodation to an employee or applicant with a disability, unless it imposes an undue hardship on the Company. Any employee with a disability and any pregnant employee who believes an accommodation is needed to perform the essential functions of the employee's job should contact the Bookkeeper. If the need for accommodation is not obvious, the Town may require medical documentation verifying the existence of a disability and the reason(s) why the requested reasonable accommodation is needed. When more than one reasonable accommodation would benefit an employee, the Town reserves the right to choose the accommodation. Genetic Information Nondiscrimination Act - GINA prohibits employers and other entities covered by GINA from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by law. "Genetic information" as defined by GINA includes an individual's or an individual's family member's genetic tests, the fact that an individual or an individual's family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual's family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services. When responding to a Town request for medical documentation related to an absence, you should not provide, nor will the Town require you to provide, information that would be in violation of GINA. Victims of Domestic Violence - A victim is any person older than 16, married, or a parent accompanied by the parent’s minor child in a situation where the person or their minor child is the subject of an act committed by a family or household member that would violate the penal law, and results in physical or emotional injury or creates substantial risk of physical or emotional harm to the person or their child. The Town will not refuse to hire, will not discriminate against, nor terminate an employee solely because they are a victim of domestic violence. Further, no information will be printed or circulated about someone's status as a victim. The Town will provide reasonable accommodations to employees who must be absent from work for a reasonable time unless such accommodation would pose an undue hardship on the employer’s business. Town of Cortlandville April 2022 600-3 Reproductive Health Decisions – The Town will not access an employee’s personal information regarding the employee or employee’s dependents’ reproductive health decision-making, including information related to the decision to lawfully use or access a particular drug, device or medical service without the employee’s prior written consent. The Town will not require employees to sign a waiver or other document that would prevent the employee from making their own reproductive health care decisions, including the lawful use of a particular drug, device or medical service. The Town will not tolerate any discrimination or retaliation against employees based on the employee or their dependents’ reproductive health decision-making, making or threatening to make a complaint to the Town or any court or agency, or participating in any investigation, hearing or inquiry related to a potential violation of this policy. Employees may initiate a civil action in any court of competent jurisdiction against an employer alleged to have discriminated or retaliated against them based on their reproductive health decision-making and seek monetary relief, injunctive relief, liquidated damages, costs and attorney’s fees as permitted by law. Complaint Procedure - An employee who believes that the actions or words of an employee or non- employee have violated this policy is required to report the behavior to the Town immediately. Refer to the Complaint Procedure and Investigations policy for information on filing a complaint and the Town’s investigation procedures. Policy Violations - Any employee who violates this policy will be subject to disciplinary action, up to and including termination. Any vendor, supplier, visitor, customer, or other non-employee who violates this policy will be subject to remedial action, as determined by management. 602 Anti-Harassment and Sexual Harassment Policy Statement – The Town is committed to maintaining a professional work environment where employees and non-employees are free from any form of harassment, including sexual harassment and harassment of any kind based on any of the protected classes or groups listed in the Equal Employment Opportunity policy. The Town takes all necessary measures to prevent harassment in the workplace or, in the event it occurs, to stop the conduct immediately. Definition of Workplace - Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business, at social functions sponsored by the Town and/or at any location while representing the Town. Calls, texts, emails, and social media usage by employees can constitute unlawful workplace harassment, even if they occur away from the workplace premises or during nonworking hours. Sexual Harassment Definition - Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender identity, gender expression and the status of being transgender. The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature to an individual of the same or opposite gender when: Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; Submission to, or rejection of such conduct by an individual is used as the basis for employment decisions (e.g., promotion, termination, pay increase) affecting that individual; or Such conduct has the purpose or effect of unreasonably interfering with an individual's ability to work or creating an intimidating, hostile, or offensive working environment, even if the complaining individual is not the intended target of the sexual harassment. Town of Cortlandville April 2022 600-4 A sexually harassing hostile work environment consists of words, signs, jokes, pranks, intimidation or physical violence which is of a sexual nature, or which is directed at an individual because of that individual’s sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, which interfere with the recipient’s job performance. Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions or privileges of employment. This is called “quid pro quo” harassment. Any employee who feels harassed should complain so that any violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can be addressed under this policy. Examples of Prohibited Conduct - Unprofessional, inappropriate, or offensive conduct committed by a supervisor, coworker, vendor, supplier, visitor, customer, or any other non-employee is prohibited, even if the conduct is welcome by the recipient(s). Prohibited conduct includes, but is not limited to: Insulting, lewd, or sexually oriented words, jokes, pranks, slurs, innuendoes, or stories. This includes verbal harassment as well as written, recorded, and electronically transmitted material; Intimidation or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex; Sexually explicit derogatory statements or sexually discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, which interfere with the recipient’s job performance; Leering, ogling, obscene gestures or sounds, or whistling; Sexually oriented gestures, noises, remarks, jokes or comments about a person’s sexuality or sexual experience, which create a hostile work environment; Unwelcome physical contact, including touching, groping, grabbing, hugging, kissing, massaging, fondling, patting, pinching, hitting, pushing, or brushing up against or poking a person's body or impeding and/or blocking movements; Rape, sexual battery, molestation or attempts to commit these assaults; Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace; Hostile actions taken against an individual because of that individual’s sex, sexual orientation, self- identified or perceived sex, gender expression, gender identity and the status of being transgender, such as: Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job; Sabotaging an individual’s work; bullying, yelling, name-calling; Unwanted sexual advances or propositions, such as requests for sexual favors accompanied by implied or overt threats concerning the victim’s job performance evaluation, a promotion or other job benefits or detriments; Subtle or obvious pressure for unwelcome sexual activities; and Sex stereotyping which occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people’s ideas or perceptions about how individuals of a particular sex should act or look. Town of Cortlandville April 2022 600-5 Other Types of Harassment - As noted above, in addition to sexual harassment, harassment based on any protected characteristic is prohibited. While it is not possible to list all conceivable behaviors which might be considered harassing, the following are examples of behavior which must be avoided: Ethnic, racial, religious or other teasing or slurs, or jokes or comments that demean a person on the basis of race, color, religion, national origin, sexual orientation, gender identity or expression, the status of being transgender, age or disability; Mimicking or mocking another’s race, color, religion, ethnicity, national origin, sexual orientation, gender identity or expression, the status of being transgender, age or disability; and Racially or religiously offensive pictures, symbols, cartoons, or graffiti. Department Head Responsibility - A Department Head is responsible for providing a work environment that is free from unsolicited, unwelcome, and intimidating behavior, including behavior of a sexual nature. A Department Head is required to take immediate and appropriate corrective action in the event he or she is a witness to, or becomes aware of, any violations of this policy. The Department Head is also responsible for immediately notifying the Bookkeeper of any policy violations. Complaint and Reporting Procedure - Refer to the Complaint Procedure and Investigations policy for information on filing a complaint and the Town’s investigation procedures. Any Individual who feels harassed should report the behavior so that any violation of this policy can be corrected promptly. Sexual harassment is offensive, is a violation of Town’s policies, is unlawful, and may subject Town to liability for harm to targets of sexual harassment. Harassers may also be individually subject to liability. Legal Protections and External Remedies - Sexual harassment is not only prohibited by the Town of Cortlandville but is also prohibited by state, federal, and, where applicable, local law. Aside from the internal process at the Town, employees and non-employees, such as interns, vendors, contractors, and consultants may also choose to file a complaint and pursue legal remedies with the following governmental entities at any time. New York State Division of Human Rights (DHR) and Human Rights Law (HRL). A complaint alleging violation of the Human Rights Law may be filed either with DHR within three years of the harassment or they can sue directly in New York State Supreme Court under HRL within three years of the alleged discrimination/ harassment. For more information contact DHR at (888) 392-3644 or visit www.dhr.ny.gov. The website has a complaint form that can be downloaded, filled out, notarized and mailed to DHR. The website also contains contact information for DHR’s regional offices across New York State. An individual may not file under the DHR if they have already filed a HRL complaint in State Court. Complaining internally to the Town does not extend your time to file with DHR or in court. The one year or three years is counted from the date of the most recent incident of harassment. You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR. DHR will investigate your complaint and determine whether there is probable cause to believe that discrimination has occurred. If no probable cause is found, your claim will be dismissed. If probable cause is found, the case is forwarded to a public hearing before an Administrative Law Judge (ALJ), who will hear the evidence and decide whether he or she believes unlawful sexual harassment occurred. If discrimination is found after a hearing, DHR has the power to award relief, which varies but may include requiring your employer to take action to stop the harassment, or redress the damage caused, including paying monetary damages, attorney’s fees and civil fines. If the DHR concludes that unlawful discrimination did not occur, the claim will be dismissed. United States Equal Employment Opportunity Commission (EEOC). An individual can file a complaint with the EEOC anytime within 300 days from the harassment. There is no cost to file and you do not need to have an attorney to file. A complaint must be filed with the EEOC before you can file in federal court. For more information, contact the EEOC by calling 1-800-669-4000 (1-800-669- 6820 (TTY)), visiting their website at www.eeoc.gov or via email at info@eeoc.gov. Town of Cortlandville April 2022 600-6 Local Protections. Many localities enforce laws protecting individuals from sexual harassment and discrimination. Contact your county, city or town to find out if such a law exists. Contact the Local Police Department. If the harassment involves physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. You should contact your local police department. Mandatory Sexual Harassment Prevention Training - Employers are required to provide interactive sexual harassment prevention training to all employees on an annual basis. Policy Violations – Any form of harassment, including sexual harassment, is a form of employee misconduct. Any employee or individual covered by this policy who engages in harassment or retaliation will be subject to remedial and/or disciplinary action (e.g., counseling, suspension, termination of employment, termination of their relationship with the Town). Managers and supervisors who engage in sexual harassment, who allow such behavior to continue or who fail to report such behavior likewise will be subject to disciplinary action up to and including termination from employment. 603 Complaint Procedure and Investigations Policy Statement – The Town of Cortlandville takes all complaints of discrimination, harassment, sexual harassment, unfair treatment, and retaliation seriously. A comprehensive complaint procedure has been developed to address any concerns or complaints received from employees and non-employees. Reporting Policy Violations - Any Individual who believes he or she has been or is being harassed, bullied, or has been the victim of unlawful discrimination or retaliation, or who is aware of harassment, bullying, discrimination, or retaliation at the Town, must promptly report the behavior to the Bookkeeper or Department Head immediately. At the individual’s option, a complaint form provided by the Town may be used to report the complaint. The form can be obtained from Bookkeeper. If an employee or non- employee is not comfortable making such a report to the Bookkeeper, he or she may contact the Town Supervisor. Manager and Supervisory Responsibility - A manager or supervisor who receives a complaint or information about harassment, discrimination, or retaliation, or who observes or suspects such behavior is taking place, is required to report it to the Bookkeeper or the Town Supervisor immediately. Any manager or supervisory personnel who knowingly allow such behavior to continue will be subject to liability, remedial and/or disciplinary action, up to and including termination of employment. Investigation - The Town will conduct a prompt and thorough investigation of the allegations, including interviews of appropriate individuals (e.g., the person complaining, the alleged harasser, and possible witnesses) that ensures due process for all parties, whenever receiving a complaint of harassment or discrimination, or otherwise knows of possible harassment occurring. The Town will take appropriate corrective action whenever harassment or sexual harassment is found to have occurred. All employees, including managers and supervisors, are required to cooperate with any internal investigation. Confidentiality - An employee's confidentiality will be protected to the greatest extent possible, consistent with conducting a full investigation. However, the Town cannot guarantee complete confidentiality. The Town reserves the right to disclose information as reasonably necessary to investigate and remedy the matter. Town of Cortlandville April 2022 600-7 Retaliation Prohibited - No person covered by this policy shall be subject to adverse action because the employee reports an incident, provides information, or otherwise assists in any investigation of a complaint. Unlawful retaliation can be any action that could discourage an individual from coming forward to make or support a claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation (e.g., threats of physical violence outside of work hours). The Town prohibits retaliation in any form against an individual for reporting discrimination or harassment, filing a complaint of discrimination or harassment, assisting in, testifying or appearing as a witness in any investigation or proceeding of discrimination or harassment, informing a supervisor or manager of harassment, reporting that another employee has been sexually harassed, encouraging a fellow employee to report harassment, and engaging in any other lawfully protected activity. Policy Violations - Any employee who violates the Company’s Equal Employment Opportunity or Anti- Harassment and Sexual Harassment policy or engages in harassment or retaliatory conduct prohibited by this policy, or makes a complaint that is demonstrated to be intentionally false, will be subject to disciplinary action, up to and including termination. Non-employees violating this policy may have their relationship with the Town terminated or be subject to remedial action, as determined by management. Please note that this policy is not designed or intended to limit the Company’s authority to discipline or take remedial action for workplace conduct which it deems unprofessional, inconsistent with Town standards, or otherwise inadvisable behavior, regardless of whether that conduct satisfies the legal definition of unlawful discrimination or harassment. Town of Cortlandville April 2022 700-1 700 OPERATIONAL POLICIES 701 Hours of Operation Policy Statement – The normal hours of operation are established by the Town Board. An employee’s Department Head/Superintendent of Highways will establish the employee’s work schedule which may differ from the normal hours of operation depending upon the particular needs and requirements of the department. The Town Board reserves the right to approve all employee work schedules, except where otherwise prohibited by applicable State or Town law. Town Hall – Administrative Offices Mon. Tues. Wed. Thurs. Fri. 8:30am- 4:30pm 8:30am- 4:30pm 8:30am- 4:30pm 8:30am- 4:30pm 8:30am- 4:30pm Water/Sewer Department – Highway (Winter) Mon. Tues. Wed. Thurs. Fri. 7:00am- 3:30pm 7:00am- 3:30pm 7:00am- 3:30pm 7:00am- 3:30pm 7:00am- 3:30pm Water/Sewer Department – Highway (Summer) Mon. Tues. Wed. Thurs. Fri. 6:00am- 4:30pm 6:00am- 4:30pm 6:00am- 4:30pm 6:00am- 4:30pm 6:00am- 4:30pm The Department Heads will determine the exact times of year when departmental hours will change. Department Hours - The regular workdays and hours of each department may vary from the Town's normal business hours, depending upon the particular needs and requirements of the department. Town of Cortlandville April 2022 700-2 702 Work Schedules Normal Work Schedules - An employee's work schedule is established by the employee's Department Head. An employee’s work hours may differ from the normal hours of operation depending on the particular needs and requirements of the Town. A change in Work Schedule – The Town reserves the right to revise an employee's normal work schedule at any time. This includes the employee's starting and ending times, the total number of hours worked per day and/or per week, and the days worked. Employees are notified of any changes in work schedules. Changes in work schedules are posted. Teleworking - The Town may allow employees in certain positions to work out of their homes rather than in the office one or more days per week. Each request is reviewed on a case-by-case basis and is subject to prior authorization of the employee’s supervisor. At the Town’s discretion, an employee’s teleworking schedule may be modified or rescinded at any time. All time spent performing work on behalf of the Town is paid time and must be recorded. 703 Meal Periods Meal Periods - An employee who is scheduled to work more than six hours in a given day receives a 60- minute unpaid meal period between the hours of 11:00 a.m. and 2:00 p.m. Scheduling of Meal Periods - Meal periods are staggered and are scheduled by the employee’s Department Head in accordance with the needs and requirements of the department. Meal periods are generally taken at the same time each workday. Observance of Meal Periods - In accordance with New York State regulations, an employee who works more than six hours in a given day is required to take the scheduled meal period. An employee is not allowed to work through the meal period to make up lost work time or to leave work early. In addition, the meal period may not be taken at the end of an employee's work day in order to leave work before the normal quitting time. Location of Meal Periods - A break room is available for employees to use during their meal periods. Unless otherwise specified by departmental rules, an employee may leave the office, work site for meal periods. 704 Break Periods Break Periods – Short, paid breaks may be taken during the workday to accommodate an employee’s need for periods of rest, to obtain beverages or snacks, to make personal phone calls, or for other personal reasons. An excessive number of breaks or breaks of extended length are not allowed. Break Periods - Employees who work more than 6 hours in a given day are allowed 2 paid breaks of up to 15 minutes each. Certain employees are also eligible for lactation breaks (See the Lactation Breaks policy). Scheduling of Break Periods - The first break is normally scheduled for the middle of the first half of the employee's workday and the second break is normally scheduled during the middle of the second half of the workday. Extension of Break Periods - Employees should be punctual in starting and ending all break periods. An employee may not extend a break period beyond the time allowed unless prior approval is obtained from the employee’s Department Head. Town of Cortlandville April 2022 700-3 Failure to Take Break Periods - An employee who chooses not to take an allowed break period may not take an extended meal period, arrive at work later than the normal starting time, leave work before the normal quitting time, or receive extra compensation. Unused break periods cannot be accumulated for use at a later date. Location of Break Periods - A break room is available for employees to use during their break periods. Unless otherwise specified by departmental rules, an employee may not leave the office, garage, work site for break periods. 705 Nursing Mothers Accommodation Policy Statement – the Town provides a supportive environment to enable nursing mothers to express breast milk during work time and makes reasonable efforts to provide a private room or other location in close proximity to the work area for such activity. This accommodation is available for up to three years following the birth of a child. Discrimination and retaliation of breastfeeding mothers in any form is unacceptable and will not be tolerated. Length of Lactation Breaks - The Town will grant an employee reasonable unpaid break time of not less than 20 minutes (at least 30 minutes if the lactation room is not in close proximity to the employee’s work area) as needed throughout the workday to express breast milk. An employee may choose, however, to take a lactation break of less than 20 minutes. At the employee’s option, her unpaid lactation break may run concurrently with her regularly scheduled paid break or meal period. Payment for Lactation Breaks - Lactation breaks are without pay. Upon election of a non-exempt employee, the employee will be allowed to make up any work time lost while on unpaid lactation breaks either before or after the employee’s regular work day. The make-up time must fall within the Town’s normal business hours. Storing Expressed Milk - A refrigerator is available in the break room to store expressed breast milk. All expressed milk must be stored in a closed container, regardless of the method of storage, and must be taken home at the end of each workday. The Town is not responsible for the safekeeping of an employee’s milk. 706 Emergency Closings Policy Statement – The Town’s goal is to maintain normal operations during scheduled work hours. However, there may be times when inclement weather, power failure, or other similar emergency requires the Town to close. Notification - In the event our normal hours of operation are modified or the Town remains closed for the day, the department head will attempt to notify employees via cell phone or telephone. Inclement Weather - Employees are expected to report to work and remain at work during inclement weather conditions unless otherwise notified by the Town. When the Town has not officially closed, an employee who does not report to work or requests to arrive at work late or leave work early must obtain prior authorization from the employee’s Department Head in accordance with the Town's notification policy (See the Attendance policy for additional information). Credited, unused vacation, or personal leave must be taken, if available. Otherwise, the time off is without pay for non-exempt employees. If an exempt employee has no paid leave benefits available, the employee will only be docked if a full workday is taken. Compensation for Exempt Employees - Exempt employees receive their regular salaries when the Town officially opens late, shuts down early, or closes for any partial workweeks due to emergency operating conditions. Exempt employees are not paid if the Town is closed for an entire workweek or longer. Town of Cortlandville April 2022 700-4 Compensation for Non-Exempt Employees - When the Town officially opens late, closes early, or remains closed for an entire workday due to an emergency closing, non-exempt employees are paid only for the number of hours actually worked. The employee may charge such absence to available accrued vacation or personal leave time or make up the time at a later date with the approval of management. A full-time or part-time non-exempt employee must use any credited, unused vacation or personal leave for any scheduled hours not worked and for which the employee is not paid by the Town. An employee may be allowed to make up the lost work time during the current workweek, with prior Department Head approval. Compensation for Employees on Scheduled Leave - An employee who is out of work on sick, vacation, or personal leave during an emergency closing will be charged such leave as scheduled. 707 Time Records Policy Statement - Federal and state employment regulations require the Town to maintain accurate records of employee work hours. Accurate time records allow the Town to calculate each employee's compensation for time worked and authorized paid leave taken in a given workweek. Working Time - Generally, time worked is considered all time an employee is on duty performing assigned tasks as well all time an employee is required to be on the Town’s premises or at a designated work site. Procedures for Non-Exempt Employees – All employees are required to complete an individual time record showing the daily hours worked. A non-exempt employee must enter his or her time at the beginning and end of each work shift and for all unpaid meal periods. During regular work hours, an employee must enter his or her time when leaving Town premises for non-work related reasons. Employees should be ready to begin work at the time they enter their time on the individual time records. Accordingly, an employee should enter his/her time as close to the scheduled start time as possible and punch out as close to the end of the work shift as possible. Procedures for Exempt Employees - Exempt employees are not required to enter their time in the time system but must account for authorized paid leave taken by completing the appropriate time off form. Arriving at Work Before or After Scheduled Work Hours - Arriving at work before the scheduled starting time or leaving work after the scheduled ending time for an employee’s own convenience when no work is performed for the Town is not to be included in working time. Correction of Errors - Any errors on the time recording system should be brought to the attention of the Bookkeeper immediately. The Bookkeeper shall investigate the matter and make and initial the correction once the error is verified. Submission of Time Records - Time records should be verified and signed by the employee and the employee’s Department Head at the end of each pay period and turned in to the Bookkeeper by Monday at 10:00 a.m. Falsification of Time Records - Altering, falsifying, or tampering with an employee's own time record or a coworker’s time record is prohibited and may result in disciplinary action, up to and including termination of employment for both employees. 708 Bonding Insurance - The Town will provide bonding insurance for an employee who is required to act in a fiduciary capacity. Town of Cortlandville April 2022 700-5 709 Business Expenses Policy Statement – The Town reimburses employees for pre-authorized business expenses. These expenses include, but are not limited to, mileage, tolls, parking fees, air fare, meals, lodging, and training and membership fees. All business expenses should be limited to reasonable amounts. A copy of the Town’s business expense policy and procedures is distributed to applicable employees. Authorization - An employee must receive prior written approval from the Bookkeeper before incurring any business expense. The Town reserves the right to deny reimbursement for any business-related expense that was not pre-authorized or that is considered unreasonable under the circumstances. Mileage – An employee who is directed by the Department Head to use their own vehicle to conduct Town business will be reimbursed at the mileage rate established by the Town Board. Cell Phones – The Town provides cell phones for specific departments. Required Membership Fees – An employee required to hold membership in a professional organization as part of the employee’s job will be reimbursed for any required dues or fees upon authorization of the Town Board. Training and Education – An employee will be reimbursed for training courses that are directly related to the employees’ present job. Employees must receive approval from the Department Head before the request is presented to the board. Requests must be presented in writing at least two weeks in advance and must include an overview of the training agenda. 710 Use of Town Vehicles Policy Statement – All vehicles and related equipment of the Town of Cortlandville are owned and maintained for the purpose of conducting official business of the Town. Vehicles and equipment may not be used for personal use or private gain of any official or employee, nor for any other purpose which is not in the general public interest. Standards - For the purpose of compliance with this policy, the following standards must be met at all times: Town vehicles and related equipment must remain under the direction of the Department Head to which it is assigned; Town vehicles must be assigned to specific Town officials and employees for specific purposes and tasks. Vehicles may not be used for any unauthorized purpose nor to conduct personal, private, or non- Town related business; Town vehicles must always be operated in a safe and responsible manner and in compliance with all applicable traffic laws in effect. Employees are responsible for any driving infractions or fines that result from the operation of Town vehicles and must report them to their Department Head. In the event of an accident, regardless of severity, an accident report must be filed with the insurance Town and the Town Supervisor must be advised that a claim is pending within 24 hours; Town vehicles may not be used to transport persons who are not officials or employees of the Town of Cortlandville, nor material not related to the conduct of official business; without direct authorization by the appropriate Department Head; The use of a wireless device when driving on Town business must be compliant with all applicable laws and/or regulations. Town of Cortlandville April 2022 800-1 800 ATTENDANCE, TARDINESS AND LEAVES OF ABSENCE 801 Attendance Policy Statement - In order to maintain a productive work environment, employees are expected to work all scheduled work hours and to keep unscheduled absences and tardiness to a minimum. Poor attendance, tardiness, and early departures place a burden on the Town, other employees, and customers. Tardiness and Unscheduled Absences - An employee is expected to be on time and ready to begin work at the start of the employee's scheduled work day. An employee who is going to be tardy or who is unable to report to work must personally notify the employee's Department Head as far in advance as possible but no later than 15 minutes before the employee’s scheduled starting time. The reason for the tardiness or absence and when the employee expects to report to work must be indicated. Asking a relative, friend, or another person to call in on the employee's behalf is not permitted nor is leaving a message on the answering of your Department Head's voice mail or with a coworker. If the Department Head cannot be reached by telephone, a message may be left on the Department Head’s voice mail. Notification requirements may be waived in cases of emergency. It is understood that sudden illness and certain situations covered by the New York paid sick leave law may not allow for ample notice to an employee’s supervisor of the need for absence. However, an employee is asked to provide as much notice as possible, and will not be required to provide confidential details of the reason for the absence. Scheduled Absences – Employees are required to advise their Department Head as far in advance as possible, or as required, when requesting any leave time. The Town reserves the right to request the reason for the absence. Vacation requests must be submitted in accordance with the vacation leave policy (See the Vacation Leave policy for additional information). All time off requests are subject to Department Head approval on a case-by-case basis. Unexcused Absences - Notification of an absence to an employee's Department Head does not automatically mean the absence is authorized. Any time off from work that is without Department Head approval is considered an unexcused absence. An unexcused absence is without pay for non-exempt employees. Daily Notification - If an employee is unable to report to work for more than one workday, the employee must personally notify the Department Head each day of the absence, unless the absence was pre- authorized or the employee is on an approved leave of absence (e.g., jury duty, military leave). Failure to Call in or Report to Work - An employee who does not report for work or notify the supervisor of the employee’s absence for two consecutive workdays will, absent extenuating circumstances, be considered to have abandoned his/her job and voluntarily resigned his/her position with the Town. Documentation of Absences - An employee who demonstrates a pattern of frequent absences may be required to provide documentation of the reason for any future absences. Medical Verification - An employee who is absent from work for more than five (5) consecutive workdays due to personal illness or injury may be required to provide medical verification of the employee’s absence. Medical verification may also be required for certain shorter absences. If an employee is on an authorized leave of absence, the Leave of Absence policy shall apply. Failure to produce the medical verification may result in an employee receiving the time off without pay and/or jeopardize continued employment with the Town. Town of Cortlandville April 2022 800-2 The employee may also be required to provide a medical statement from the employee's health care provider releasing the employee to return-to-work. In the event the medical statement indicates there are work restrictions, the Town reserves the right to evaluate if the restrictions can be reasonably accommodated (See the Equal Employment Opportunity policy for additional information). An employee is not allowed to return to work until an adequate medical statement is provided to the employee’s Department Head. Leaving the Premises - An employee must notify and obtain approval from the employee's Department Head before leaving Town premises during working time for personal reasons. An employee who leaves the Town premises during the workday due to business reasons must notify the employee's Department Head in accordance with department policy. Non-exempt employees leaving the premises for personal reasons must record the time on the time system. Time Off Without Pay - An employee must use all credited, unused vacation, and/or personal leave before requesting time off without pay. Sick leave must also be used for any time off due to illness of the employee or a member of the employee's immediate family. Department Heads, at their discretion, may deny requests for unpaid time off. Making Up Lost Time - A non-exempt employee may be allowed to make up lost work time during the current workweek with prior Department Head approval. Authorization is granted only if work is available and only at a time that is mutually convenient for the employee and the employee's Department Head. A non- exempt employee is generally not allowed to make up lost work time due to tardiness, unauthorized absence, or early departure. In accordance with the Fair Labor Standards Act (FLSA), if an exempt employee has no paid leave benefits available, the employee’s pay will be docked only if a full workday off is taken due to sickness or personal reasons. Exempt employees are generally not docked for partial day absences. Policy Violations - Violations of this policy may result in disciplinary action, up to and including termination. This includes falsification of the reason for absence, unexcused absence(s), a record of excessive absences or early departures, or a pattern of absenteeism, even if excused. 802 Jury and Witness Duty Leave Policy Statement - Employees will be granted time off to serve on jury duty or to appear as a witness in a criminal proceeding. In accordance with New York State law, an employee who is a victim of a crime will be granted time off to appear in court as a witness, to consult with a district attorney, or to obtain an order of protection. An employee will not be subject to adverse employment action as a result of taking time off to serve as a juror or witness. Notification Requirements - When an employee receives notice to report for jury duty or a subpoena to testify as a witness, a copy of the notice/subpoena should be submitted to the Department Head, who will advise the Bookkeeper. Compensation for Exempt and Non-Exempt Employees - An exempt and non-exempt employee is paid the employee's regular salary for the first week of jury or witness duty, provided the days are normally scheduled work days. Thereafter, in accordance with federal regulations, an exempt employee is paid any stipend paid by the court. Verification of Service - An employee must provide written verification from the court noting the date(s) and time(s) served as a juror or witness in order to receive compensation from the Town. Town of Cortlandville April 2022 800-3 Return to Work - An employee who is excused from court for the entire day should report to work if it is a normally scheduled workday. If an employee is released early from jury or witness duty on a given day, he or she should contact the employee’s Department Head to discuss reporting requirements if there are two or more hours left in the employee’s scheduled work shift. An employee will not be required to work on any days when he or she is not normally scheduled to work in order to make up for any time lost due to jury duty service. Accrual of Benefits – The Town will continue to provide medical, dental, and life insurance benefits for an eligible employee during the time spent as a juror or witness. All employee contributions, if any, must be paid on a timely basis in order to maintain the continuous coverage of benefits. Vacation, sick, and personal leave and holiday benefits also continue to accrue. Rescheduling of Jury Duty – The Town may request that an employee seek to have the jury duty rescheduled. 803 Military and Reserve Leaves Policy Statement – The Town recognizes the importance of military service and complies with all federal and state regulations relating to military leaves of absence, encampment, and temporary military duty. If an employee is called into the military for extended leave, the Town will comply with the terms of the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) and other similar federal, state or local laws and regulations relating to the re-employment rights of persons entering military service. Notification - An employee is required to give advance notice to the employee’s Department Head of the dates of military service unless unable to do so because of military necessity or if it is otherwise impossible or unreasonable to do so. An employee is asked to give as much notice as possible. Benefits during Leave - An employee retains and accrues any Town-sponsored benefits that are tied to seniority during a military leave. The employee is also allowed to participate in the medical insurance plan and other Town-sponsored benefits that are not determined by seniority to the same extent as an employee who is granted a leave of absence, so long as the employee meets the eligibility requirements of each benefit plan. During a military leave of 30 days or less, the Town will make its normal contribution towards an employee’s insurance benefits. Return from Leave – Upon returning from leave, an employee will be reinstated to his or her position, or a similar position, and retains certain rights relating to seniority, status, length of service promotions, and compensation upon return from military duty, as long as the employee is not separated with a dishonorable or bad conduct discharge and the employee’s cumulative military leave with the Town does not exceed five years. Certain types of uniformed service do not count against an employee’s five-year maximum, including service during war or call-ups during national emergencies, reserve drills, and annually scheduled active duty for training. If an employee terminated coverage in the Town’s medical insurance plan or elected COBRA/New York State continuation coverage while on a military leave of absence, the employee will be reinstated in the group medical plan upon return to work without a waiting period or any pre-existing exclusions. Temporary Military Duty - The Town will attempt to rearrange an employee’s work schedule, if possible, when the employee needs to attend a weekend drill or encampment. Compensation for Exempt Employees - In accordance with federal regulations, an exempt employee who is on military or reserve leave for any partial workweeks is paid the employee's regular salary for those workweeks. Any military pay received is deducted from the employee's salary. An exempt employee is not paid for any workweeks in which no work is performed for the Town. An employee may request to use credited, unused vacation or personal leave during any portions of the leave that are unpaid. Compensation for Non-Exempt Employees - Military and reserve leave is without pay for a non-exempt employee. An employee may request to use credited, unused vacation or personal leave during the leave. Town of Cortlandville April 2022 800-4 804 Military Spousal Leave Policy Statement - In accordance with New York State regulation, the Town will grant an unpaid leave of absence of up to ten days to an employee whose spouse is on leave from the military under specified circumstances as described below. An employee who is entitled to Military Spousal Leave may check with their employer to see if the circumstances overlap with the criteria for a paid leave under NYPFL. If it does, both leaves will run concurrently. Basic Leave Entitlements - An eligible employee may take an unpaid military spouse leave if the following conditions are met: The employee’s spouse is a member of the U.S. Armed Forces, National Guard, or reserves; The spouse has been deployed during a period of military conflict to a combat theater or combat zone of operations; and The spouse is on a leave from the military. Eligibility - An employee must work an average of 20 hours or more per week to be eligible for a military spousal leave. There is no minimum length of service requirement. Definition of Spouse – For the purpose of this policy, a spouse includes a married spouse of the same or opposite sex. Notification Requirements - If possible, an employee should give at least 30 calendar days’ notice to the Bookkeeper prior to the requested start date of the leave. When a leave is unforeseen, an employee must give notice as soon as the need for leave is known. A Leave of Absence Request Form must also be jointly completed by the Town and the employee. Permission or denial of the leave is normally communicated to the employee in writing within one week of the Town receiving the request. Benefits during Leave - For the purpose of this policy, the following applies to the employee’s benefits during a spousal military leave: Use of Paid Leave - Credited, unused vacation, and/or personal leave must be used at the start of the leave. The use of paid leave benefits does not extend the leave of absence. Insurance Benefits - An employee’s insurance benefits will continue at the same level during the leave of absence. The employee is responsible for his or her normal contributions toward insurance benefits. 805 Bereavement Leave Eligibility – The Town grants full-time employees paid bereavement leave in the event of the death of an immediate family member. Part-time and temporary employees are not eligible for paid bereavement leave but may request time off without pay. Allowance - Full-time employees are eligible for up to four (4) workdays off with pay from the employee's regularly scheduled work hours due to bereavement leave. Verification of Need for Leave - The Town reserves the right to request verification of the need for bereavement leave. Immediate Family Member - For the purpose of this policy, an immediate family member is defined as an employee's spouse (includes same or opposite sex spouse), domestic or same-sex partner, child, stepchild, parent, stepparent, grandparent, grandchild, sibling, step sibling, mother-in-law, and father-in-law. Town of Cortlandville April 2022 800-5 Leave for Extended Family - An employee will be granted one paid bereavement leave day to attend the funeral of an extended family member or an extended family member of the employee’s domestic or same- sex partner. Each request is reviewed by the Town on a case-by-case basis. For the purpose of this policy, an extended family member is defined as the sister-in-law, brother-in-law, aunt, uncle, cousin, niece, or nephew of the employee or the employee’s domestic or same-sex partner. For the purpose of this policy, an extended family member is a relative of the employee or the employee’s domestic or same-sex partner that is not included in the definition of immediate family above or a member of the employee’s household. Extension of Bereavement Leave - An employee may request to use credited, unused vacation, and/or personal leave to extend bereavement leave. If an employee has no paid leave available, unpaid leave may be granted with prior Department Head approval. 806 Medical and Personal Leaves of Absence Policy Statement - An employee may request a leave of absence of up to 4 weeks due to medical, family, or personal reasons. The granting and duration of each leave of absence is determined by the Town and is not guaranteed. Eligibility - To be eligible for a leave of absence, an employee must have completed at least one year of continuous service and must be classified as a full-time employee. Workers' Compensation and Disability - An employee who is eligible for - or receiving - workers' compensation or disability benefits will be placed on workers' compensation/disability and a medical leave of absence concurrently. The employee is responsible for complying with both the requirements of workers' compensation/disability and this leave of absence policy. Notification Requirements - An employee must submit a written leave of absence request to the Department Head, then after approval to the Bookkeeper at least 30-calendar days prior to the requested start date of the leave. When the need for leave is unforeseen, notice must be provided as soon as the need for leave is known. A Leave of Absence Request Form must also be jointly completed by the Town and the employee. Permission or denial of the leave will normally be communicated to the employee in writing within five business days after the Town receives the request. Medical Certification - Proper documentation may be required to support an employee’s leave request. Medical certification from a health care provider is required for leave requests due to an employee’s or family member’s serious health condition or the birth of a child. Benefits during Leave - For the purpose of this policy, the following applies to employee benefits during the leave: Use of Paid Leave - An employee’s available paid time off benefits (e.g., vacation, sick, and/or personal leave) must be used at the beginning of the leave, so long as the terms and conditions set forth in the applicable time off policy are met. Once all of an employee’s paid time off benefits have been exhausted, the remainder of the leave will be unpaid. The use of paid time off benefits does not apply to employees who are receiving workers' compensation or disability benefits. When credited, unused sick leave is used to supplement the employee’s wages during any portion of the leave; the insurance carrier will normally send the benefit payments directly to the Town. The Town will then pay the employee the employee’s normal wages, and will make a pro rata restoration to the employee’s sick leave account after it receives payment from the insurance carrier. Town of Cortlandville April 2022 800-6 During any period of the leave when credited, unused vacation, and/or personal leave is used to supplement the employee’s normal wages, the insurance carrier will normally send the benefit payments directly to the employee. The Town will pay the employee the difference between the employee’s normal wages and the workers’ compensation/disability benefit, and a pro rata deduction will be taken from the employee’s applicable time off account. Accrual of Paid Leave Benefits - An employee continues to be credited with paid vacation, personal, and sick leave and receive holiday pay during any portion of a leave that is paid. For the purpose of this policy, paid leave is defined as leave during which the employee is using credited; unused vacation, personal, and/or sick leave. After all such paid leave is exhausted; the remaining portion of the leave is unpaid. An employee will not accrue vacation, personal, or sick leave or receive holiday pay during any portion of a leave that is unpaid. Insurance Benefits - The Town will continue its contribution towards an employee’s medical, dental, and vision insurance premiums for the first 4 weeks of a medical or personal leave of absence. Contributions are at the same level as if the employee was working. After 4 weeks, the employee is responsible for 100% of the insurance premiums. All employee contributions, if any, must be paid on a timely basis in order to maintain the continuous coverage of benefits. Coverage will be cancelled if the employee’s premium payments are not made within a 30-calendar day grace period of the due date. Premium payments and policy coverage are subject to change. In the event that all paid leave time has been exhausted, the employee will be responsible for 100% of the insurance premium. Insurance Continuation Coverage - After 4 weeks of a medical or personal leave of absence, an employee will be given the opportunity to elect COBRA continuation coverage for the medical and dental insurance. If continuation coverage is elected, the employee will be responsible for 100% of the insurance premiums. Status Reports - If an employee's request for a leave of absence does not indicate a specific return to work date or if an employee requests a leave extension, the employee must update the Bookkeeper as to the employee's status and intent to return to work every two weeks. Extension of Leave - An employee may request an extension of a leave by submitting a written request to their Department Head with reasonable notice, prior to the end of the scheduled return-to-work date. In compliance with the Americans with Disabilities Act, the Town may grant a leave extension if it does not impose an undue hardship on the Town. The Town reserves the right to deny any leave extension request. Employment Restrictions - While on an approved leave of absence, an employee may not work for another employer during the same work hours that the employee is normally scheduled to work for the Town. Return-to-Work - At the conclusion of the leave, the following conditions apply: Return Date - If the employee’s leave request indicates a specific return-to-work date, the employee should contact the employee’s Department Head at least ten days prior to this date. If the ending date of the leave was not known at the time leave was granted, the employee must immediately notify the Department Head when a return-to-work date is established. If the Town determines that a position is available, the employee must report to work when scheduled; Fitness-for-Duty Certification - If the leave was due to the employee’s own serious health condition, a fitness-for-duty certification from the employee’s health care provider is required prior to returning to work. The certification must address the employee’s ability to perform the essential functions of the job, indicate any work restrictions, and release the employee to return to work. In the event work restrictions are indicated, the Town reserves the right to evaluate if the restrictions can be reasonably accommodated (See the Equal Employment Opportunity policy); and Town of Cortlandville April 2022 800-7 Job Restoration - When a leave of absence is granted, the Town cannot guarantee return to employment or the position held. When an employee is able to return to work, the Town will attempt to return the employee to a position based on business needs and the availability of a position for which the employee is qualified. 807 Time Off to Vote Policy Statement - In accordance with New York State Election Law, an employee who is a registered voter and does not have sufficient time outside of his or her scheduled working hours to vote in a public election when the polls are open, will be granted up to two hours off with pay during the workday to vote. An employee is deemed to have “sufficient time to vote” if they have four consecutive hours off either from the opening of the polls to the beginning of their work shift, or between the end of their work shift and the closing of the polls. Time Off Requests - An employee must submit a written time off request to the employees’ Department Head no more than 10 nor less than two workdays before an election. 808 Time Off to Donate Blood or Bone Marrow Policy Statement - In accordance with New York State regulation, eligible employees are granted time off during regular work hours to donate blood and/or bone marrow. Eligibility - An employee who works an average of 20 or more hours per week is eligible for time off from work to donate blood or bone marrow. Transportation to and from the blood donation site is not done in a Town vehicle. Amount of Time Off - An employee will be granted up to three hours each calendar year to donate blood at an off-site location of the employee’s choosing. An employee may elect to use credited, unused vacation, or personal leave; otherwise the time off is without pay for non-exempt employees. Exempt employees who have no paid time off benefits available will not be docked for any partial-day absences. Time off Requests to Donate Blood - A written time off request to donate blood must be submitted to the employee’s Department Head at least three work days in advance. If the employee is donating blood for his or her own surgery or the surgery of a family member, a shorter notice period is permissible. Verification of Time Off - An employee is responsible for providing verification from a blood bank or similar organization showing that the time off was to donate blood. Employee Notification - The Town will prominently display notices in the workplace of upcoming blood drives at least two weeks in advance. Donating Bone Marrow - An employee will be granted unpaid time off to donate bone marrow. The combined length of the absence will be determined by the employee’s health care provider, but may not exceed 24 work hours unless otherwise authorized by the employee’s Department Head. An employee may elect to use credited, unused vacation, or personal leave; otherwise the time off is without pay for non- exempt employees. Verification of Time Off – The Town may require verification from the employee’s health care provider of the purpose and length of an absence to donate bone marrow. Town of Cortlandville April 2022 800-8 809 Volunteer Emergency First Responders Policy Statement – The Town may grant requests to employees who are volunteer firefighters or members of a volunteer ambulance corps to take reasonable leave to respond to declared states of emergency. Declared States of Emergency - In the event the governor declares a state of emergency where the employee’s volunteer fire department and/or ambulance service is called upon to respond, the employee must notify their immediate Department Head of their intent to take leave and, if possible, provide an estimate of the duration of the absence. If the Town determines that the employee’s absence will not create an undue business hardship, the employee will be granted a leave of absence to respond to the declared emergency. Local Emergencies - In the event there is a local emergency where the employee’s volunteer fire department and/or ambulance service is called upon to respond, an employee may be excused without corrective discipline. Authorization - An employee may not leave work to respond to a call without the written permission of their direct Department Head. Verification of Service - Within 3 business days of return to work, the employee must provide a letter from the head of the fire department and/or ambulance service confirming the dates and times of their volunteer service. Failure to provide this documentation will result in the tardiness or absence being regarded as unauthorized, in which case the employee will be subject to corrective discipline up to and including termination. Compensation for Exempt Employees - An exempt employee who is on approved first responder leave for any partial workdays is paid the employee's regular salary for those workdays. An employee may request to use credited, unused vacation or personal leave during any portions of the leave that are unpaid. Compensation for Non-Exempt Employees - First responder leave is without pay for a non-exempt employee. An employee may request to use credited, unused vacation, or personal leave during the excused absence. Prohibition on Termination and Discipline- No employer shall terminate or discipline an employee who is a volunteer emergency responder and, in the line of duty, has responded to a call prior to the time he was due to report for work resulting in an overlap with their normally scheduled workday. Town of Cortlandville April 2022 900-1 900 COMPENSATION 901 Pay Rates and Pay Increases Policy Statement – The Town’s goal is to compensate each employee based on merit and consistent with the employee's job duties and responsibilities. The wages being paid for similar work in the community and industry is also taken into account. All compensation policy decisions take into consideration the Town’s overall financial condition. Notice and Acknowledgement of Pay Rate and Payday - A new employee will receive written notification within 10 days of hire of the employee’s rate of pay, method of pay (e.g., hourly, salary), eligibility for overtime, and other information as required by New York State labor regulation. The Town will provide at least seven calendar days advance written notice to the employee of any changes to this information or the changes will be reflected on the employee’s pay stub. 902 Overtime Policy Statement - To meet operational requirements, an employee may be required to work beyond the employee's normally scheduled work hours and/or on a normally scheduled day off. Authorization - A non-exempt employee must receive authorization from the employee's Department Head before working beyond the employee's scheduled work hours. It is expected that an exempt employee may need to work beyond the employee's scheduled work hours on an as needed basis. An exempt employee does not need prior Department Head approval to work overtime hours. Compensation for Non-Exempt Employees - A non-exempt employee who works beyond the employee's normally scheduled work hours receives the employee's base rate of pay for each additional hour worked, up to 40 hours during the workweek. Overtime compensation is provided for all hours in excess of 40 during a workweek at 1½ times the employee's regular rate of pay. Credit for Paid Leave - Paid holidays, vacation, sick, personal, bereavement, and jury duty leave are considered time worked for the purpose of determining overtime hours. Compensation for Exempt Employees - In accordance with federal and state regulations, an exempt employee is not eligible to receive additional or overtime compensation for any hours worked in excess of the employee's normal workday or workweek, including any hours worked over 40 during the workweek. Mandatory Overtime - Employees are expected to work additional hours as needed to maintain optimal business operations. An employee’s failure to work overtime hours that have been requested by the employee's Department Head may result in disciplinary action. 903 Payroll Period and Payday Payroll Period - The payroll period begins on Sunday and ends 14 calendar days later on Saturday. Payday - Employees are paid biweekly on Thursday for the hours worked during the previous pay period. If a payday falls on a designated holiday, paychecks are normally distributed on the preceding workday. The Town will notify employees in advance of any changes in pay days. Time Sheet Submission – Any employee required to complete a time sheet MUST submit the time sheet to the Bookkeeper every other Monday by 10:00 a.m. Employees not following this policy may be subject to corrective discipline. Distribution - Paychecks are either directly deposited or distributed to the employee in the form of a payroll check. Town of Cortlandville April 2022 900-2 Direct Deposit – The Town provides a direct deposit option for employees. If elected, the paycheck will be deposited directly into the employee’s account at the designated financial institution. The employee must submit a signed, written authorization for direct deposit to the Bookkeeper. Checks - An employee has the option of either having their paycheck deposited directly into a checking and/or savings account at the employee’s designated financial institution each payday or receiving a payroll check. An employee must submit a signed, written authorization to the Town to initiate or change direct deposit. Authorized Check Release - An employee’s Department Head shall not release a paycheck to anyone other than the employee unless the employee has provided a signed, written authorization to the Town. 904 Payroll Deductions Statutory and Voluntary Deductions - In compliance with government regulations, the Town deducts the required portion of an employee's wages for federal, state, and social security and Medicare taxes and court- ordered wage garnishments. An employee may voluntarily authorize payroll deductions for items that are for the benefit of the employee, such as insurance benefits and the retirement plan, by submitting a written authorization to the Company. All statutory and voluntary payroll deductions are indicated on an employee’s pay stub. Deductions from Exempt Employees’ Pay – In accordance with state and federal employment regulations, exempt employees are paid on a salary or fee basis. Exempt employees receive a predetermined amount each pay period that is not reduced because of variations in the quality or quantity of their work. However, there are certain circumstances where deductions from exempt employees’ pay are permissible. Such circumstances include: When an employee is absent from work for one or more full days for personal reasons other than sickness or disability; For absences of one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for salary lost due to illness; To offset jury, witness fees or military pay; Unpaid suspensions of one or more full days for violations of workplace conduct rules; Penalties for infractions of safety rules of major significance; During the initial or last week of employment if the employee does not work the entire workweek. Improper Payroll Deductions - The Town prohibits any deductions from an employee’s paycheck that are in violation of federal or state regulations. An employee who believes that an improper paycheck deduction has been made should contact the Bookkeeper immediately. If it is determined that an improper deduction was made, the employee will be promptly reimbursed. Wage Overpayment or Underpayment - If there is ever a time when there is a question about proper payment, the employee should report the perceived inaccuracy to the Bookkeeper. The Bookkeeper will investigate the situation and if necessary, will make the employee whole, or in the case of an overpayment, make arrangements to collect the overpayment. Both the Bookkeeper and the employee will sign an acknowledgment form signifying agreement to the correction. Garnishments – The Town is required to comply with any court ordered garnishment of your wages. An employee is notified as soon as possible if the Townis required to deduct any garnishments from the employee's wages. Pay Advances and Employee Loans – The Town does not give pay advances or employee loans nor does it distribute paychecks earlier than the scheduled payday. Questions concerning paycheck deductions or how they were calculated should be directed to the Bookkeeper. Town of Cortlandville April 2022 1000-1 1000 EMPLOYEE BENEFITS 1001 Employee Benefits Administration Policy Statement – The Town offers employees a comprehensive benefits package. Eligibility for benefits is dependent upon several factors, including employment classification and length of service. Plan Documents - Detailed information about insurance benefits is covered in greater detail in the applicable benefit plan documents. Employee benefits are administered according to applicable government regulation, insurance contract, certificate of coverage, plan document, and/or Town policy. In the event of a discrepancy between the information presented in this employee handbook and the applicable government regulation or insurance document, the government regulation or insurance document will take precedent. In addition, the Town has discretionary Department to determine eligibility for benefits and to interpret the terms of each benefit plan. Changes in Benefits - The Town reserves the right to add, modify, or terminate benefits for all current and former and retired employees, to change carriers, and/or offer alternative insurance plans at any time. Further, all Town contributions are subject to change. Plan Administrator - The Bookkeeper is the Plan Administrator of the Town's benefit plans. The Plan Administrator is responsible for all employee communications and disclosures concerning Town benefits and is available to answer any questions. Enrollment Information - An employee must complete the applicable insurance enrollment forms and payroll deduction authorization forms in order to receive insurance benefits. Waiver of Benefits - An employee who is eligible to participate in an insurance plan but who declines coverage must sign a waiver declining such coverage. Change in Employment Classification - If an employee's employment classification changes or the number of hours normally worked per week falls below eligibility requirements for a particular benefit, the employee will be notified of any changes in Town benefits. This notification includes information regarding insurance continuation coverage, if applicable. The following is a brief overview of the benefits available to eligible employees. It is intended as a source of general information only. More detailed information on insurance benefits is available in the applicable plan document or government regulation. 1002 Medical Insurance Policy Statement - The Town offers eligible employees comprehensive medical insurance coverage. Eligibility - Full-time employees are eligible to participate in a group sponsored medical insurance plan upon completion of 30 days of continuous service, provided all eligibility requirements of the plan are met. Eligible employees may also enroll in the medical insurance plan during the annual open enrollment period or at the time of a qualified change in employment or family status, as defined by the Internal Revenue Service (IRS) and the insurance carrier. Part-time and temporary employees are not eligible for medical insurance coverage but have the option of purchasing health insurance available through the Health Insurance Marketplace at their own expense. Town of Cortlandville April 2022 1000-2 Coverage - Eligible employees have the option of one medical insurance plans. Individual, two person, employee and spouse (includes same-sex spouses), employee and dependents, and family coverage are available. Other health coverage alternatives may be available to you through the Health Insurance Marketplace. For more information about health insurance options available through a Health Insurance Marketplace, visit www.healthcare.gov. Premium Payment – The Town contributes a specified dollar amount per month towards the premium for each eligible employee. Employees are responsible for the remaining portion of the insurance premium for the plan selected. To be eligible for health insurance coverage the retiree (employee) must be fifty-five (55) or older, have a combined total of ten (10) year or more of service with the Town, and be eligible to receive a pension from the New York State Employee’s retirement system. This becomes effective retroactive to January 1, 2003. Such health insurance will continue as long as all required contributions are made to the Town in the manner prescribed. Upon the death of such eligible retiree, the retiree’s spouse may continue health insurance coverage, unless remarried. The Town’s contribution towards the cost of the health insurance premiums will remain at the same level. The retiree’s spouse will be responsible for the remaining share of the insurance premium. The Town Board reserves the right to change the health insurance plan at any time, including, but not limited to, type of coverage, employees (retiree) contributions, and type of carrier. Cancellation of Coverage - An employee who is not participating in the Section 125 pre-tax premium plan may elect to cancel the medical insurance coverage at any time. The appropriate insurance cancellation form may be obtained from the Bookkeeper. Cancellation becomes effective on the first of the month following the date the completed cancellation form is submitted to the Bookkeeper. Continuation of Coverage - If a covered employee, spouse, and/or dependents lose their group medical insurance coverage due to certain qualifying events, they may be eligible to temporarily continue such coverage at their own expense (See 603 Continuation of Benefits). 1003 Dental – Vision Insurance Policy Statement - The Town offers eligible employees comprehensive dental and vision insurance coverage. Eligibility - Full-time employees are eligible to participate in a group sponsored dental and vision insurance plan upon completion of 30 days of continuous service, provided all eligibility requirements of the plan are met. Eligible employees may also enroll in the dental insurance plan during the annual open enrollment period or at the time of a qualified change in employment or family status, as defined by the Internal Revenue Service (IRS) and the insurance carrier. Part-time and temporary employees are not eligible for dental or vision insurance coverage. Coverage - Eligible employees have the option of one (1) dental and one (1) vision insurance plans. Individual, two person, employee and spouse (includes same-sex spouses), employee and dependents, and family coverage are available. Premium Payment – The Town contributes a specified dollar amount per month towards the premium for each eligible employee. Employees are responsible for the remaining portion of the insurance premium. Cancellation of Coverage - An employee who is not participating in the Section 125 pre-tax premium plan may elect to cancel the dental or vision insurance coverage at any time. The appropriate insurance cancellation form may be obtained from the Bookkeeper. Cancellation becomes effective on the first of the month following the date the completed cancellation form is submitted to the Bookkeeper. Continuation of Coverage - If a covered employee, spouse, and/or dependents lose their group dental insurance coverage due to certain qualifying events, they may be eligible to temporarily continue such coverage at their own expense (See Continuation of Benefits 603). Town of Cortlandville April 2022 1000-3 1004 Section 125 Plan Eligibility - Full-time employees may enroll in a Section 125 plan upon completion of 30 days of continuous service, provided all eligibility requirements of the plan are met. Part-time and temporary employees are not eligible for this benefit. The options offered under the Section 125 plan are summarized below. Pre-Tax Insurance Premiums - An employee may elect to pay the employee's contribution towards the medical, dental and vision insurance premiums with pre-tax dollars, which means deductions are taken from the employee's paycheck before federal, state, and social security taxes are calculated. This reduces the employee's taxable income and increases net wages. Election Changes - Eligible employees may enroll in or decline coverage in the Section 125 Plan during the annual open enrollment period. Once a pre-tax election is made, it must normally remain in effect for the entire plan year unless there is a qualifying change in employment or family status, as defined by the IRS and the insurance carrier. 1005 New York State Retirement Plan Policy Statement – The Town administers a mandatory defined benefit plan that is intended to be used in combination with your Social Security benefits and personal resources to provide you with supplemental income upon retirement. Eligibility - Full-time employees must participate in the plan on the first day of employment. Part-time and temporary employees are eligible to participate in the plan on the first day of employment. Contributions - An employee may contribute a percentage or specified dollar amount of the employee’s eligible compensation to the plan, subject to limitations set by the IRS. An employee’s contributions are made on a pre-tax basis. 1006 Continuation of Insurance Benefits Policy Statement - The Consolidated Omnibus Budget Reconciliation Act, commonly referred to as COBRA, gives employees and covered dependents the opportunity to continue their group health coverage at group rates after coverage would normally be lost due to any of the following qualifying events: Employee’s separation from employment for reasons other than gross misconduct; Employee’s reduction in work hours; Employee’s legal separation or divorce; Employee’s entitlement to Medicare; A dependent’s loss of dependent child status under the plan; or Death of the employee. Eligibility - An individual who meets the definition of a “qualified beneficiary” is eligible for insurance continuation coverage. A “qualified beneficiary” is an individual who was covered under a group health plan on the day before a qualifying event as either a covered employee, the spouse of a covered employee (this includes same-sex spouses for medical insurance), or a dependent child of a covered employee. A child who is born to, or placed for adoption with, the covered employee during a period of continuation coverage is also a qualified beneficiary. Cost - A qualified beneficiary who elects continuation coverage is responsible for 100% of the cost of the insurance premiums. The Town may also charge a 2% administrative fee. Town of Cortlandville April 2022 1000-4 Marketplace Options – Instead of enrolling in COBRA continuation coverage, other health coverage alternatives may be available to you through the Health Insurance Marketplace where you may be able to get coverage that costs less than COBRA continuation coverage. For more information about health insurance options available through a Health Insurance Marketplace, visit www.healthcare.gov or call 1-800-318-2596. Maximum Continuation Period for Group Medical Insurance - Each qualified beneficiary has the option of electing medical insurance continuation coverage for up to 36 months, regardless of the qualifying event. Maximum Continuation Period for Group Dental or Vision Insurance - Each qualified beneficiary has the option of electing dental or vision insurance continuation coverage for up to 18 or 36 months, depending on the specific qualifying event. Change in Status - A covered employee or qualified beneficiary must provide written notice to the Plan Administrator when there is a legal separation, divorce, the employee becomes covered by Medicare, or a child’s loss of dependent status. The Plan Administrator must also be notified of a second qualifying event or a Social Security Disability determination which could extend the continuation coverage period from 18 to 29 months. Notification must generally be provided to the Plan Administrator/Bookkeeper no later than 60 days from the date of the qualifying event. The Town is not responsible for errors in coverage that are the result of an employee's failure to provide timely notification to the Plan Administrator/Bookkeeper of such an event. Questions - Full details regarding insurance continuation coverage is available in the plan’s Summary Plan Description (SPD) or by contacting the Plan Administrator. 1007 Vacation Leave Eligibility - Full-time employees are eligible for paid vacation leave for a period of rest and relaxation in recognition for services performed throughout the year. Part-time and temporary employees are not eligible for paid vacation leave but are allowed unpaid time off with prior Department Head approval. Allowance - Eligible employees are credited with paid vacation leave in accordance with the following schedule: Employees hired prior to September 1, 2016 Completed, Continuous Length of Service as of Anniversary Date Vacation Leave Credited as of Anniversary Date Administrative Hours Highway/Water/Sewer Hours 1-4 Years 10 Days 70 Hours 80 Hours 5 Years 15 Days 105 Hours 120 Hours 6 Years 16 Days 112 Hours 128 Hours 7 Years 17 Days 119 Hours 136 Hours 8 Years 18 Days 126 Hours 144 Hours 9 Years 19 Days 133 Hours 152 Hours 10 Years 20 Days 140 Hours 160 Hours 15 Years 21 Days 147 Hours 168 Hours 20 Years 22 Days 154 Hours 176 Hours 25 Years 23 Days 161 Hours 184 Hours 30 Years 24 Days 168 Hours 192 Hours 35 Years 25 Days 175 Hours 200 Hours Town of Cortlandville April 2022 1000-5 Employees hired after September 1, 2016 Completed, Continuous Length of Service as of Anniversary Date Vacation Leave Credited as of Anniversary Date Administrative Hours Highway/Water/Sewer Hours 0-12 Months 5 Days after 3 months 35 Hours 40 Hours 1-10 Years 10 Days 70 Hours 80 Hours 11--15 Years 15 Days 105 Hours 120 Hours 16 Years + 20 Days 140 Hours 160 Hours Vacation leave is credited based on the number of hours an employee is normally scheduled to work, up to a maximum of eight hours per day and 40 hours per workweek for a full-time employee. Vacation leave is credited on an employee’s anniversary date for the previous year of service. Vacation leave is not credited prior to an employee's anniversary date and may be taken only after it is credited New Employees - A newly hired employee is given Administrative – 35 hours, Highway/Water/Sewer – 40 hours after the completion of 3 months of continuous service. Vacation cannot be taken until the completion of (3) months. Any time remaining at the end of the first year of service will be forfeited. Vacation leave is rounded up to 15 minute intervals. Benefit Year - The benefit year is the period commencing and ending on an employee's annual anniversary date. Vacation Leave Pay - A non-exempt employee is compensated at the employee's current base rate of pay for each hour of vacation leave taken. An exempt employee receives the employee's regular salary for the vacation period. Scheduling - Vacation requests 10 days or more must be submitted in writing to an employee's Department Head at least 4 workweeks in advance. Every effort is made to authorize vacations in accordance with employee requests, taking the date the request is received, operating requirements, and length of employment into account. Due to business needs, the Town may authorize only one member of a department to take vacation leave at any given time. In addition, the Town reserves the right to designate when some or all of an employee's vacation leave is taken. Use of Vacation Leave - Vacation leave may be used in increments of one hour, one day or one week. Accumulation - An employee may roll over up to a maximum of 10 vacation days. After this maximum number of days is reached, no additional days will be credited until the employee’s vacation leave balance falls below 10 days. Any days over 10 will be forfeited. In the event of a state of emergency, the Town Board will consider the roll - over of all unused vacation days. Holiday During Scheduled Vacation - If a Town-observed holiday falls on an employee's normally scheduled workday and the employee is on paid vacation, the day is counted as a paid holiday and not a vacation day. No allowance is made for sickness or other paid absence occurring during a scheduled vacation. Town of Cortlandville April 2022 1000-6 Leave of Absence - Vacation leave accrues while an employee is on a paid leave of absence, but does not accrue while an employee is on an unpaid leave of absence. For the purpose of this policy, paid leave is defined as leave during which an employee is using credited; unused vacation, personal, and/or sick leave. An employee who has taken an unpaid leave of absence during the preceding benefit year is credited with prorated vacation leave on the employee's anniversary date based on the time worked during the preceding year. Separation from Employment - An employee who resigns, retires, or is laid off is eligible to receive compensation for credited, unused vacation leave at the time of separation from the Town. To be eligible for this payment, the employee must give and complete at least 2 workweeks written notice and return all Town property in the employee’s possession. An employee’s credited; unused vacation leave is forfeited if the employee is terminated for misconduct or poor performance. 1008 Longevity Awards Employees hired after September 1, 2016 Policy Statement - The Town of Cortlandville believes it is important to recognize employees for their long- term service to the Town by presenting service awards to employees who have worked for the Town for five years and once every five years thereafter. After Completion of Longevity Plan 5 Years of full-time service $200.00 10 Years of full-time service $500.00 15 Years of full-time service $750.00 20 Years of full-time service $1,000.00 25 Years of full-time service $1,250.00 30 Years of full-time service $1,500.00 Employees hired prior to September 1, 2016 Policy Statement - The Town of Cortlandville believes it is important to recognize employees for their long- term service to the Town by presenting service awards to employees who have worked for the Town for each year after five years. After Completion of Longevity Plan 5 Years of full-time service $200.00 10 Years of full-time service $500.00 15 Years of full-time service $750.00 20 Years of full-time service $1,000.00 25 Years of full-time service $1,250.00 30 Years of full-time service $1,500.00 Longevity payments shall be made in one lump sum on the first pay period after the employee’s anniversary date is met. The anniversary date is defined as the date on which the employee begins employment for the Town. Employees must be actively working on the Town payroll in order to be eligible to receive the longevity payment. Town of Cortlandville April 2022 1000-7 1009 Sick Leave Eligibility - Full-time employees are eligible for paid sick leave for personal illness or injury and for doctor and dentist appointments. Sick leave may also be used to provide direct care to an ill parent, spouse (includes same-sex spouse), domestic partner, child, or other family member residing in or outside the household. Part-time and temporary employees are not eligible for paid sick leave but are allowed unpaid time off with prior Department Head approval. (Updated 10.21.16) Elected officials, part-time employees and temporary employees are not eligible for paid sick leave. Allowance - One day of sick leave is credited on your anniversary date of each month for a maximum of twelve (12) sick days per year. Sick leave is not credited before an employee's anniversary date and may be taken only after it is credited. Sick leave is credited based on the number of hours an employee is normally scheduled to work, up to a maximum of eight hours per day and 35 hours per workweek for a full-time employee. Administrative – 35 Highway and Water/Sewer – 40 hours Advance Request to Use Sick Time – Except in cases of emergency, all employees must personally notify their Department Head 30 minutes prior to the employee’s starting time of their request to use sick leave. Having an employee’s friend or relative call in on behalf of the employee is inacceptable except in an emergency situation. An employee who does not call in or who is found to be misusing sick leave may face disciplinary action in accordance with the Civil Service Law (Section 75). An employee who does not report for work or call in for three (3) consecutive workdays may be subject to disciplinary action in accordance with the Civil Service Law (Section 75). Exhausted Leave – Employees who have exhausted sick leave credits are entitled to charge absences otherwise chargeable to sick leave to other leave credits (vacation, personal leave, etc.) subject to the same approval procedures and documentation requirements as applied to sick leave credits. Employees may not request to use sick leave before it is earned. New Employees - Newly hired employees are credited with one day of sick leave after the completion of 30 days of employment for a maximum of twelve (12) sick days per year. Sick leave begins to accrue after the completion of the first month of service (based on employee's anniversary date). Sick leave is rounded up to the nearest ¼ hour. Benefit Year - The benefit year is the period commencing and ending on an employee's annual anniversary date. Sick Leave Pay - A non-exempt employee is compensated at the employee's current base rate of pay for each hour of sick leave taken. An exempt employee receives the employee's regular salary for the period of sick leave taken. Notification Procedures - An employee who is unable to work due to illness or injury must notify the employee’s Department Head in accordance with the Town’s attendance policy (See Attendance). Town of Cortlandville April 2022 1000-8 Accumulation - The Town does not have a maximum of sick days that can be carried over from one benefit year to the next. An employee is not eligible to receive payment for any credited, unused sick leave at the time of separation from employment with the Town. Retirement - 165 days can be accumulated and transferred into the 41J retirement plan at retirement. Any days in excess of the 165 days will be forfeited at the date of retirement. Use of Sick Leave - Sick leave is a benefit to be used for illness of the employee and the employee’s immediate family members only and is not intended to be an extension of vacation leave. Sick leave may be used in ¼ hour increments. Medical Certification - An employee who is absent from work for more than five (5) consecutive workdays due to illness or injury may be required to provide documentation from the employee's health care provider verifying that the employee is unable to work. Medical documentation may also be required for certain shorter absences, if it is suspected that the employee has developed a pattern of sick leave use or if an excessive amount of sick leave has been used. If an employee is on an authorized leave of absence in accordance with the Leave of Absence Policy, the medical certification provisions of the policy apply. Failure to produce the medical certification may result in an employee receiving the time off without pay and/or jeopardize continued employment with the Town. Upon return to work, the employee will also be required to provide a medical statement from the employee's health care provider indicating that the employee is able to return-to-work and listing any work restrictions, if applicable. In the event work restrictions are indicated, the Town reserves the right to evaluate if the restrictions can be reasonably accommodated (See 501 Equal Employment Opportunity). An employee is not allowed to return to work until a medical statement is provided to the Town. Leave of Absence - Sick leave accrues while an employee is on a paid leave of absence, but does not accrue while an employee is on an unpaid leave of absence. For the purpose of this policy, paid leave is defined as leave during which an employee is using credited vacation, personal, and/or sick leave. An employee who has taken an unpaid leave of absence during the preceding benefit year is credited with prorated sick leave on the employee's anniversary date based on the time worked during the preceding year. Separations from Employment – Full-time employees do not receive compensation for accumulated sick leave at the time of separation from employment (i.e. dismissal, lay-off, resignation). Employees may transfer up to one hundred and sixty-five (165) unused sick leave days into Option 41J of the New York State Employees’ Retirement System, only if the employee has vested time. 1010 Personal Leave Eligibility - Full-time employees are eligible for paid personal leave to conduct personal business that cannot be scheduled outside of normal working hours, for medical and dental appointments, religious observances, personal emergencies, and other similar reasons. Part-time and temporary employees are not eligible for paid personal leave but are allowed unpaid time off with prior Department Head approval. Allowance - Employees hired after September 1st 2016 are credited with 3 days of personal leave on an employee’s anniversary date. Employees hired prior to September 1st 2016 will receive 5 days for the previous year of service. Personal leave is not credited until an employee's anniversary date and may be taken only after it is credited. Personal leave is credited based on the number of hours an employee is normally scheduled to work, up to a maximum of eight hours per day and 40 hours per workweek for a full-time employee. New Employees - Newly hired employees are credited with one (1) personal leave day on the first day of employment and two additional days upon the completion of six (6) months of employment. Personal leave is rounded up to the nearest ¼ hour. Town of Cortlandville April 2022 1000-9 Benefit Year - The benefit year is the period commencing and ending on an employee's annual anniversary date. Personal Leave Pay - A non-exempt employee is compensated at the employee's current base rate of pay for each hour of personal leave taken. An exempt employee receives the employee's regular salary for the period taken. Scheduling - An employee must obtain Department Head approval to use personal leave in accordance with the Town’s attendance policy (See the Attendance policy for additional information). Accumulation - Personal leave is not cumulative and cannot be carried over into the next benefit year. Any credited, unused personal leave is forfeited on the last day of the benefit year. Leave of Absence - Personal leave accrues while an employee is on a paid leave of absence but does not accrue while an employee is on an unpaid leave of absence. For the purpose of this policy, paid leave is defined as leave during which the employee is using credited vacation, personal, and/or sick leave. Any employee who has taken an unpaid leave of absence during the preceding benefit year is credited with prorated personal leave on the employee's anniversary date based on the time worked during the preceding year. Separation from Employment - An employee’s credited; unused personal leave is forfeited upon separation from employment with the Town. 1011 Holidays Observed Holidays - The Town is closed for business to observe the following holidays: New Year’s Day Columbus Day Martin Luther King Day Election Day Presidents’ Day Veterans’ Day Memorial Day Thanksgiving Day Juneteenth Christmas Eve (if on weekend) Independence Day Christmas Day Labor Day New Year’s Eve (if on weekday) Eligibility - Full-time employees are eligible for paid holidays upon date of hire. Part-time and temporary employees are not eligible to receive compensation for Town-observed holidays. Holiday Pay - A non-exempt employee is eligible for holiday pay at the employee's current base rate of pay. An exempt employee receives the employee's regular salary for each Town-observed holiday. Leave of Absence - An employee who is on a paid leave of absence is eligible to receive compensation for any Town-observed holidays that occur during the leave. For the purpose of this policy, paid leave is defined as leave during which the employee is using credited; unused vacation, personal, and/or sick leave. An employee who is on an unpaid leave of absence is not eligible for any paid holidays that occur during the leave. Holiday Occurs during Vacation - If a Town-observed holiday falls on an employee's normal workday and the employee is on paid vacation, the day is counted as a paid holiday and not a vacation day. Holiday Observance - If a scheduled holiday falls on a Saturday, employees are normally given the preceding Friday off. If a scheduled holiday falls on a Sunday, the holiday is normally observed on Monday. (Updated 11.2.16) Town of Cortlandville April 2022 1000-10 Assigned to Work on a Holiday - A full-time, non-exempt employee who is required to work on a designated Town holiday is eligible to receive holiday pay plus wages at 1 ½ times the employee’s base rate of pay for all time worked. Holidays Not Designated by the Town - An employee may request time off for Sabbath observance or to observe any other particular holy day in accordance with his or her religion. An employee may also request time off to participate in a religious practice of his or her religion. Requests should be submitted in accordance with the Town’s attendance policy (See the Attendance policy for additional information). An employee will not be denied time off solely because it has been requested for religious reasons. Time off is generally granted so long as it does not create an undue hardship on the Town. A non-exempt employee may be allowed to make up the lost work time during the current workweek with prior Department Head approval, so long as work is available and a mutually convenient time can be agreed to by the employee and the Department Head. A non-exempt employee also has the option of using credited, unused vacation, or personal leave or taking the time off without pay. 1012 Disability Coverage New York State Disability Policy Statement - New York State Disability benefits are available as a temporary benefit to eligible employees who work in New York and are unable to work for a period of more than seven days due to a non- work related injury or illness. Eligibility - An employee who has worked for the Town for at least four consecutive weeks or has recently worked for a “covered” employer is normally covered by the Town's disability plan. Minors who are currently attending high school are normally not covered. An employee who is on an unpaid leave of absence for any reason other than the employee’s own disability will remain eligible for New York State Disability benefits for up to four weeks after commencement of the unpaid leave or separation from employment, should a qualifying injury or illness occur. After four weeks, an employee will no longer be eligible for New York State Disability benefits. Coverage - Eligibility for benefits is determined by the Town’s disability insurance carrier. An eligible employee is covered for the period of disability specified by the employee's health care provider and approved by the insurance carrier, starting with the eighth day of the disability and continuing up to a maximum of 26 weeks. The Town will continue to pay its portion of the employee’s health and/or dental insurance premiums during the first ninety (90) days of disability leave. The employee is responsible for their portion of the insurance premium(s during this time. After ninety (90) days, the employee is responsible for the entire cost of the insurance premium(s). Benefits - An employee generally receives 50% of the employee's average weekly wages based on the previous eight weeks of employment, up to a specified maximum per week. There is no coverage for medical care related to the disability. Premium Payment - Employees contribute a small amount towards New York State Disability insurance. The Town pays the remaining portion of the premium. Town of Cortlandville April 2022 1000-11 1013 Workers' Compensation Policy Statement - All employees are covered by Workers' Compensation Insurance, which provides payment for lost wages and medical expenses in the event of a work-related injury or illness. Coverage - The Workers' Compensation Board determines an employee's eligibility for benefits. If deemed eligible, an employee is covered for the period of disability specified by the employee's health care provider and the Workers' Compensation Board. Insurance Payments – The Town will continue to pay its portion of the health and dental insurance premiums for a maximum of twenty-six (26) weeks. After twenty-six (26) weeks, the employee will be responsible for the full cost of the insurance premiums. COBRA information will be provided. Reporting of Injury – It is the employee’s responsibility to submit a written report of the injury to the Department Head/Superintendent of Highways within twenty-four (24) hours of the accident in order to ensure prompt coverage of the claim. In the event of the employee’s incapacitation, the Department Head/Superintendent of Highways will complete and submit the required forms on behalf of the injured employee. Certification – Employees who are unable to work due to a work related injury must provide a doctor’s statement listing the medical facts and the expected date of return to work. A workers’ compensation claim form must be completed and submitted to the Department Head/Superintendent of Highways. Return-to-Work – Employees are expected to keep the Town up-to-date on the status of their condition on a regular basis (at least every two (2) weeks) and to notify the Town when they are able to return to work. A doctor’s statement indication whether the employee can return to work with or without restrictions is required. A physical examination by a physician of the Town’s choice may be required at the Town’s expense prior to returning to work. Coverage is normally provided for all necessary medical care that is directly related to the original injury or illness and the recovery from such disability. An employee who is totally or partially disabled and unable to work for more than seven days is eligible for cash benefits starting with the eighth day of disability. If the disability extends beyond 14 days, cash benefits are paid retroactively for the first seven days of the disability. Cash benefits are normally calculated based on two-thirds of an employee’s average weekly wages during the previous year multiplied by the percentage of disability, up to a specified maximum. Voluntary, Off-Duty Conduct - Neither the Town or its insurance carrier is liable for the payment of workers’ compensation benefits for injuries that occur during an employee’s voluntary participation in any off-duty recreational, social, or athletic activity sponsored by the Town. Premium Payment - The cost of workers' compensation insurance is paid entirely by the Town. 1014 Unemployment Insurance Policy Statement - Unemployment insurance benefits provide short-term financial assistance to individuals who have lost their jobs due to no fault of their own and are ready, willing, and able to work. Eligibility - Eligibility for unemployment insurance is determined by the State Department of Labor. Cost - The cost of unemployment insurance coverage is paid entirely by the Town. Town of Cortlandville April 2022 1000-12 1015 Social Security and Medicare Policy Statement - Social Security and Medicare benefits are available for retirement, survivor's benefits, and medical costs under qualifying conditions as determined by the Federal Social Security Administration Office. Cost - The Town matches employee contributions to Social Security (FICA) and Medicare. 1016 Educational Assistance Policy Statement – The Town encourages and supports the professional development of employees by providing educational assistance for job-related courses. Coursework should be performed on non-Town time. Eligibility - Full-time employees are eligible to apply for educational assistance upon completion of one year of service. Part-time and temporary employees are not eligible for educational assistance. Authorization - An employee who is interested in receiving educational assistance must submit a written request and a course description to the employee’s Department Head at least four (4) weeks prior to the course’s registration deadline. Educational assistance is subject to prior Department Head approval. Allowance - The Town covers a portion of tuition costs and books based on the successful completion of an approved course up to the maximum of $5,000 per calendar year. Reimbursement - All tuition costs and books are paid by the Town. An official transcript of the passing grade of “C” or better is submitted along with a receipt of course payment. Reimbursement must be submitted to the Department Head who will then forward to the Bookkeeper in order to receive reimbursement. An employee must be currently employed by the Town at the time of the course’s completion in order to be eligible for reimbursement. Unsatisfactory Completion of Course - An employee who does not complete or pass a course is responsible to reimburse the Town for all charges associated with the course. Course Repayment - An employee must agree in writing to repay the Town in full for the educational assistance received if the employee voluntarily resigns or is terminated for misconduct within 3 years of competing the coursework. 1017 Professional Development The Town believes in supporting the individual growth of its employees. To encourage employee development the Town offers a professional development reimbursement program to eligible employees who attend job-related programs. To participate in this program, you must be a full-time employee who has completed six months of employment. Approval from the department head must be received prior to registration for the seminar. The Town will pay the full cost of approved job-related seminars. Employees are required to keep the Town informed of new developments by sharing new information presented at the seminar with support staff. The Department Head can make exceptions on a case by case basis prior to the six months. Town of Cortlandville April 2022 1100-1 1100 PERSONAL CONDUCT 1101 Personal Appearance Policy Statement – The Town has developed dress and appearance standards for employees to promote a professional image to customers and the public. Our general public’s satisfaction represent the most important and challenging aspect of our Town. Each employee is expected to dress appropriately according to the work situation and to practice good grooming and hygiene. Acceptable personal appearance is a requirement of employment with the Town. Employees who have any questions about what constitutes appropriate attire should check with their supervisor or the Bookkeeper. Dress Standards for Office Employees Business casual attire is permitted. However, when an employee is representing the Town to customers, prospective customers, or vendors, the employee is expected to wear formal business attire. Inappropriate Attire - Office employees are prohibited from wearing the following clothing at any time because it does not present a businesslike appearance: suggestive, form fitting, or low-cut clothing; sweatpants; strapless or halter tops; spaghetti-strap shirts; exposed undergarments; tank tops; revealing shirts of any kind; athletic clothing; flannel shirts; beachwear; ripped, faded, or stained clothing; clothing with holes; hats unless required in observance of a religious custom or practice; T-shirts; or shirts with inappropriate wording or pictures. This list is not all-inclusive. Casual Dress Day - Friday has been designated as casual dress day in the office. On these days, office employees are allowed to dress in a more casual fashion. This policy does not apply to employees who wear uniforms or other types of special clothing. On casual dress days, an employee’s attire must still reflect professionalism and good taste for an office environment. The Town reserves the right to cancel casual dress day for some or all employees when business circumstances warrant a professional appearance, such as for customer meetings or appointments. Clothing Allowance – The Town provides a clothing allowance annually to Highway and Water/Sewer employees, which includes the purchase of work boots etc. The clothing is made of “wash-and-wear” materials and can be laundered routinely with an employee’s personal clothing. Grooming Standards - All employees are expected to maintain clean and appropriate oral and bodily hygiene. An employee’s hair (including facial hair) should be clean, combed, and well-groomed. An employer has the option of creating an image and may prohibit visible piercings or tattoos for certain positions. At the discretion of management, an employee may be required to fully cover a large tattoo. Excessive body piercings, tattoos, perfume, cologne, or body odors are not permitted. The Town reserves the right to require employees to conform to its standards of personal presentation and appearance. Employees shall be allowed to dress and groom themselves in a manner consistent with their race and religion. This may include, but is not limited to, religious clothing, coverings, and jewelry, as well as hair texture, protective hairstyles, facial and body hair. American Flag - In accordance with New York State labor regulation, the Town will allow an employee to display an American flag on the employee’s person as long as it does not substantially or materially interfere with the employee’s job duties. Reasonable Accommodation - Reasonable accommodation will be made for employees' sincerely held religious beliefs and disabilities whenever possible, consistent with the business necessity unless it creates a safety concern or imposes an undue hardship on the Town. An employee should contact the Department Head to request an accommodation. Town of Cortlandville April 2022 1100-2 Policy Violations - An employee who reports to work inappropriately dressed or groomed may be sent home to change. A non-exempt employee is not compensated for any time lost from work to comply with this policy. 1102 Misrepresentation Policy Statement – The Town is committed to operating the Town honestly, with integrity, and in compliance with government regulations. All employees are expected to share this commitment. Prohibited Conduct - Employees must refrain from any illegal, fraudulent, or dishonest business activity. Examples of conduct that is prohibited include, but are not limited to, violations of government or Securities and Exchange Commission (SEC) regulations, preparing fraudulent accounting records or financial reports, fraudulently claiming an injury and seeking coverage, and billing customers for services not performed or goods not delivered or over/undercharging them. It also includes misrepresenting a Town product or service to our customers or intentionally giving false information. Reporting Policy Violations – An employee is required to report any conduct that he or she reasonably believes violates this policy by notifying the Department Head immediately. 1103 Substance-Free Workplace Substance-Free Workplace – The Town is committed to providing a safe and healthy workplace free from drug and alcohol abuse. The unlawful or improper presence or use of controlled substances or alcohol in the workplace presents a danger to everyone. Employees are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner. Prohibited Behavior - An employee is prohibited from possessing, using, selling, purchasing, storing, distributing, or manufacturing alcoholic beverages, cannabis, illegal drugs, controlled substances, or narcotics on Town premises, at work sites, or at any location while representing the Town. An employee is also prohibited from having alcoholic beverages, cannabis, illegal drugs, controlled substances, or narcotics that may impair an employee’s ability to safely perform the duties of his/her job present in the employee’s system when reporting to work, during working time, or at any time while conducting business-related activities. Drug paraphernalia, such as pipes and needles, is prohibited on Town premises, at work sites, and in vehicles being used for Town business, unless the employee is able to provide a prescription showing medical necessity for health reasons. The Town prohibits the off-premises abuse of alcohol, cannabis, and controlled substances, as well as the possession, use, or sale of legal or illegal drugs, when these activities adversely affect job performance, job safety, and/or the Company’s reputation in the community. Business Functions - At certain times, the Town may designate that alcohol can be consumed on Town premises or during business activities that are conducted in a social setting (e.g., dinner meetings with customers, Town-sponsored office parties). Employees are expected to exercise moderation and good judgment at all times, and will be held to the same standards of behavior as otherwise required, regardless of the circumstances. An employee who becomes intoxicated, acts inappropriately, and/or violates one or more Town policies (e.g., sexual harassment, attendance, driving on Town business) during these activities may be subject to disciplinary action, up to and including termination of employment. Use of Prescription and Over-the-Counter Drugs - Prescription drugs must be in the possession of the individual to whom the prescription was written, taken in the dosage prescribed, and maintained in their original containers. An employee is not allowed to use prescription drugs that have not been legally obtained or in a manner or for a purpose other than as prescribed. An employee must inform the employee’s supervisor of any prescription or legal, nonprescription (e.g., over-the-counter) drugs including medical marijuana that are currently being taken if they could in any way affect or impair the employee's ability to perform the job safely. The legal use of prescribed and over-the-counter drugs is only permitted on the job if it does not impair an employee's ability to perform the job safely and it does not affect the safety or well-being of other individuals in the workplace. Town of Cortlandville April 2022 1100-3 Medical Marijuana – The Town will not take adverse action against an employee simply because of his or her participation in a recognized medical marijuana program. However, the Town will not tolerate an employee being under the influence of medical marijuana while at work. An employee should not drive on Town business if the employee’s ability to drive safely has been impaired by illness, fatigue, injury, prescription medication, illegal drugs, cannabis, or alcohol. Reporting of Problems - Any observation or knowledge of an employee who is in a condition that impairs the employee’s ability to perform job duties, presents a hazard to the safety and welfare of others, or appears to otherwise be in violation of the Town's substance-free workplace policy should be reported to the their Department Head immediately. Drug-Free Workplace Act – The Town complies with the Drug-Free Workplace Act. In accordance with the Act, an employee must notify the employee’s Department Head of any criminal drug conviction occurring in the workplace within five days of the conviction. Screening for Drug or Alcohol Use - An employee may be tested for alcohol or illegal drugs where there is a reasonable suspicion that abuse, impairment, or a violation of this policy exists. Testing will be conducted in accordance with applicable state or municipal regulations and will generally follow Department of Transportation (DOT) regulations. An employee who agrees to take a reasonable suspicion test must sign a consent form authorizing such test and the Town’s use of the test results for the purpose of administering its discipline policy. It is a violation of this policy to refuse to consent to the test or to test positive for alcohol, cannabis or illegal drugs. A refusal will result in disciplinary action, up to and including termination. Drug and alcohol tests are paid for by the Town, and are the property of the Town. An employee who tests positive to a confirmed test for alcohol or controlled substances will be subject to disciplinary action, up to and including termination of employment. In the event an employee is not immediately discharged for testing positive or for some other violation of this policy, the Town, in its sole discretion, may allow the employee to return to work pursuant to the employee executing a written agreement acknowledging that: 1) The employee tested positive or otherwise violated this policy; and 2) In exchange for the Town not discharging the employee for this instance of testing positive or otherwise violating this policy, the employee agrees to: a) Undergo rehabilitation, counseling or other activities prescribed by a licensed medical professional; b) Periodic, unannounced drug and/or alcohol testing for a set time period: and c) Be subject to discharge for any future violation of this policy. An employee’s participation in a treatment program does not prevent the Town from disciplining the employee for violations of this or other Town policies. An employee, who tests positive, admits to illegal drug use or related misconduct, or who voluntarily seeks assistance, and is not discharged, will not be allowed to return to work or continue working until the employee has been evaluated by a health care professional of the Town’s choice to determine if the employee can safely return to work. Town of Cortlandville April 2022 1100-4 Drug and Alcohol Testing Policy - The Town has adopted a substance testing policy in compliance with the Omnibus Transportation Employee Testing Act of 1991. The purpose of this policy is to reduce accidents resulting from an employee’s use of controlled substances and alcohol, thus reducing fatalities, injuries, and property damage. The policy applies to all drivers who operate any Town equipment, commercial motor vehicles requiring a CDL or regular license. Pre-employment, random, reasonable suspicion, post-accident, and follow-up substance testing are conducted. All covered employees receive a separate copy of this policy. Employees who operate commercial motor vehicles requiring a commercial driver's license (CDL) are subject to DOT testing laws and will be expected to adhere to DOT testing guidelines. Policy Violations - Violations of this policy may result in disciplinary action, up to and including termination. The possession, use, sale, purchase, distribution, or manufacture of illegal drugs shall also be brought to the attention of the appropriate law enforcement agency. 1104 Outside Employment Policy Statement - An employee is generally permitted to hold a second job as long as it does not interfere with the employee's job performance, pose an actual or potential conflict of interest, or compromise the interests of the Town. Outside employment that interferes with job performance, constitutes a conflict of interest, or compromises the interests of the Town is prohibited. Performance and Work Schedule Requirements - An employee is judged by the same performance standards, regardless of any existing outside work requirements. An employee must meet all scheduling requirements of the Town, including business travel and overtime time, and shall not receive authorization to report to work late or to leave work early in order to accommodate a second job. Restrictions - An employee may not work for another employer or be self-employed if such work is in direct competition with the Town. An employee is not permitted to perform any work for the Town’s customers during non-working time if these services are normally available from and/or performed by the Town. Further, an employee is prohibited from soliciting or performing any work for another employer, for the employee's own personal business, or for any other personal gain during working time. No Town-owned equipment, supplies, or confidential information or techniques may be used for furtherance of an employee's personal business or for another employer. Notification of Outside Employment - An employee who is interested in obtaining outside employment must discuss the matter with the employee's Department Head prior to accepting the job to ensure that the above guidelines are maintained. Newly hired employees who are employed by another employer, own their own business, or partake in other work activities must disclose this information on their Application for Employment Form. 1105 Driving on Town Business Policy Statement - Employees in certain positions may be required to drive Town, leased, rental, or personal vehicles to conduct business on behalf of Town of Cortlandville. Employees who drive on Town business must operate vehicles in a safe and responsible manner, and in compliance with all applicable motor vehicle and traffic regulations. Driver’s License - An employee who drives on Town business must possess a valid driver’s license free from major infractions at the time of hire and throughout employment. An employee who operates a vehicle that requires a commercial driver's license (CDL) and/or regular license must possess and maintain this license throughout employment. The driving records of final applicants and employees who apply for positions that involve driving are checked following a conditional offer of employment. Thereafter, the Town conducts motor vehicle record checks on a regular basis in compliance with state and federal regulations. Town of Cortlandville April 2022 1100-5 Driving While Impaired - An employee is prohibited from driving on Town business if the employee’s ability to drive safely has been impaired by illness, fatigue, injury, prescription medication, illegal drugs, cannabis, or alcohol. Change in Status or Loss of Driver's License - An employee who drives on Town business must immediately notify the employee's Department Head if a ticket is received while driving a Town vehicle or if a conviction is received for any traffic violation (except parking) during working or non-working time. The employee’s Department Head must also be notified immediately if the employee’s driver’s license is suspended, revoked, or cancelled or if the employee becomes disqualified from operating or loses the right to operate a motor vehicle, including a commercial motor vehicle, for any period. An employee is not allowed to drive on Town business with a suspended or revoked license. Suspension of Driving Privileges - An employee’s Town driving privileges may be suspended for receiving an excessive number of traffic citations, regardless of whether the citations were received while driving on Town business. If an employee’s Town driving privileges are suspended and the employee’s position requires regular use of a vehicle, the employee may be re-assigned to another position if available, your salary may be adjusted accordingly, or your position terminated for inability to perform the duties of the job. Traffic Violation - The employee is responsible for paying the cost of any traffic or parking tickets, moving violations, or fines that result from driving on Town business. Use of Personal Vehicle for Town Business - An employee who drives a personal vehicle to conduct Town business must have auto liability insurance (for both bodily injury and property damage) and proof of a minimum policy for liability coverage of $100,000 per person/$300,000 per accident. Proof of such insurance is required upon hire and on an annual basis thereafter. If an employee's liability insurance lapses, the employee's Department Head must be notified immediately. Town Liability - The Town does not assume any liability for injury to members of the public caused by the negligence of an employee who is driving a personally owned vehicle in the course of Town business. In addition, the Town is not responsible for any damage to an employee’s personal vehicle or loss or damage to personal property contained within the vehicle. Cell Phones/Wireless Devices - In accordance with New York State regulation, an employee is not allowed to use a cell phone and/or wireless device while driving unless a headset or hands-free device is used. Attention to the road should always be a driver’s number one priority. Accident - An employee must notify the Department Head immediately in the event of an accident, theft, or damage involving a Town, leased, rental, or personal vehicle being used for Town business, regardless of the lack of damage or injuries. A law enforcement officer should be summoned to the scene of any accident involving an employee or vehicle being used for Town business and an ambulance should be summoned if anyone appears injured. A copy of the Accident Report should be obtained from the police for submittal to their Department Head. Use of Town Vehicles - Town-provided vehicles may be assigned to employees for the purpose of conducting Town business. Only authorized employees are allowed to drive Town vehicles. Town vehicles should only be used for authorized Town business and may not be used for the personal use or private gain of an employee or to transport unauthorized individuals or materials. No unauthorized passengers are allowed in Town vehicles. Town Vehicle Maintenance - Employees are responsible for maintaining Town vehicles in a neat and clean condition at all times. Papers and garbage are to be removed from the vehicle at the end of each trip. Vehicles should be maintained in a safe and secure condition when not in use. It is the employee’s responsibility to notify the Department Head when a Town vehicle is in need of maintenance or repair work. Town of Cortlandville April 2022 1100-6 1106 Personal Conduct Policy Statement - For the benefit and safety of employees, customers, and the Town, an employee must comply with Town standards of behavior and performance. Conduct that interferes with business operations, or is offensive to coworkers, customers, or the public is not tolerated. Employee Responsibilities - Employees are expected to conduct themselves appropriately and to treat coworkers, customers, vendors, and visitors with courtesy and respect. Appropriate employee conduct includes, but is not limited to: Performing all assigned job duties efficiently, to the best of the employee’s abilities, and in accordance with established performance standards; Being fair, considerate, and honest with supervisors, coworkers, customers, vendors, and members of the public in connection with the performance of their duties for the Town; Reporting any suspicious, unethical, potentially violent, or illegal conduct by coworkers or any other persons with whom the employee conducts business on behalf of the Town; and Cooperating with any Town investigation. Prohibited Conduct - An employee may be subject to disciplinary action, up to and including termination for a violation of a policy, procedure, or rule outlined in this employee handbook or otherwise established by the employee's Department Head. In addition, an employee may be subject to disciplinary action for engaging in any of the following: Offensive or unprofessional conduct in connection with the performance of their duties for the Town; Improper performance of job duties or repeated failure to perform assigned duties and responsibilities; Unauthorized expenditure of Town funds; Being insubordinate, threatening, intimidating, disrespectful or assaulting a supervisor, co-worker, customer or vendor; Refusing to sign a corrective discipline notice or any other requested acknowledgement form; The use of abusive language, including racial slurs and epithets; Sabotaging the work of a coworker; Dishonesty, falsification or misrepresentation on an employment application or other work records or Town documents, including requests for time off, timekeeping records or other information requested by or provided to the Company; Reporting for work, operating a vehicle, or working under the influence of alcohol, cannabis, illegal drugs, controlled substances, or non-prescribed prescription drugs while on Town business; Possession, use, sale, distribution, transfer, manufacture, or transportation of illegal drugs, controlled substances, non-prescribed prescription drugs, alcoholic beverages, or cannabis on Town premises or while on duty; Possession of dangerous or unauthorized materials, such as explosives or firearms in the workplace; Leaving the premises or work location during scheduled work hours without permission; Illegal gambling while on duty; Sleeping on the job; and Theft of any kind. Town of Cortlandville April 2022 1100-7 The above list is illustrative only and is not intended to limit the Town's right to impose discipline in other appropriate situations. 1107 Corrective Discipline If the need arises to correct a situation in which an employee has violated Town policies or regulations, appropriate disciplinary action may be administered in accordance with the Civil Service Law (Section 75). Civil Service Law (Section 75) Section 75 of the Civil Service Law states that eligible civil service employees may not be removed or otherwise subject to disciplinary action except for incompetence or misconduct shown after a hearing upon state charges. Eligibilities Criteria for Section 75 Protection The following employees are covered under Section 75: 1. A person holding a position by permanent appointment in the Competitive Class of the Classified Civil Service, or 2. A person holding a position by permanent appointment or employment in the Classified Service who was honorably discharged or released under honorable circumstances from the armed forces of the United States after having served therein as such member in time of war as defined in Section 85 of the Civil Service Las, or who is an exempt volunteer firefighter as defined in the General Municipal Law, except when a person described in this paragraph holds the position of private secretary, cashier or deputy of any official or department; or 3. An employee holding a position in the Non-Competitive Class other than a position designated in the municipal rules as “confidential” or requiring the performance of functions influencing policy, who since his/her last entry into service completed at least five (5) years of continuous service in the Non- Competitive Class in a position or positions not so designated in the rules as confidential or requiring the performance of functions influencing policy. Procedures 1. Any employee who is subject to disciplinary action has the right to representation, and shall be given a written advance notice by the Department Head of that right. If the employee requests representation, the Department Head shall allow the employee ten (10) days to obtain such representation, the Department Head has the right to then question the employee. 2. The Department Head must give the employee a copy of the charges. These charges must state the reason for the disciplinary action. 3. The employee shall be allowed eight (8) days to respond in writing to the charges. 4. The hearing shall be held by the Department Head and the Town Board. The Department Head and the Town Board may, in writing, designate an individual or body to conduct the hearing in their place. Such designated individual or body shall be vested with all the powers of the hearing officer and shall make a record of the hearing. This record, together with recommendations, shall be forwarded to the Department Head and the Town Board for their review and decision. 5. The employee is entitled to representation by either counsel or other such representative at the hearing. 6. The burden of proving incompetence or misconduct shall be upon the person alleging the same. Town of Cortlandville April 2022 1100-8 Suspension without Pay Pending Dismissal of Charges Pending the hearing, the employee may be suspended without pay for a period not to exceed thirty (30) days. Penalties 1. If the employee is found to be guilty of the charges, the penalty may consist of one (1) of the following: a. A reprimand b. A fine not to exceed one-hundred dollars ($100.00) to be deducted from the employee’s pay. c. A suspension without pay not to exceed two (2) months. d. Demotion in grade and title. e. Dismissal from Town employment. 2. If the employee is found to be guilty of the charges, the employee’s written answer thereto, a transcript of the hearing and the dismissal shall be filed in the office of the department in which she/he is employed, and a copy is filed with the Cortland County Civil Service Commission. 3. If the employee is found to be not guilty, she/he shall be restored to her/his position with full pay for the period of the suspension, less the amount of any unemployment insurance benefits that she/he may have received during such period. 4. Notwithstanding any other provision of law, no removal or disciplinary proceeding shall be commenced more than eighteen (18) months after the occurrence of the alleged incompetence or misconduct complained of and described in the charges provided, however, that such limitation shall not apply where the incompetence or misconduct complained of and described in the charges would, if proved in court of appropriate jurisdiction, constitute a crime. Policy Statement - To ensure smooth and efficient operations, the Town must have certain policies, procedures, and rules. Any conduct that interferes with operations or that discredits the Town will not be tolerated. The Town’s disciplinary policy and procedures are intended to promote employee understanding of acceptable conduct and performance and to encourage corrective action to meet those standards. The Town strives to impose corrective discipline fairly, consistently, and in relation to the seriousness of the offense. Forms of Discipline - Disciplinary action may include a verbal warning, written warning, suspension with or without pay, termination of employment, or other disciplinary measures, depending on the circumstances. The Town does not guarantee that one type of discipline shall precede another. Further, the Town reserves the right to suspend an employee with or without pay while an investigation is conducted. Payment During Disciplinary Suspensions - In accordance with state and federal employment regulations, an exempt employee may be suspended without pay in partial or full-day increments for safety rule infractions of major significance or in one or more full-day increments for violations of workplace conduct rules (e.g., violations of the Town’s policies relating to sexual harassment, discrimination, violence, and substance testing). Unpaid suspensions for exempt employees for any other reason are generally in full-week increments. Paid suspensions for exempt and non-exempt employees may be in partial day or partial week increments. Disciplinary Action - As a condition of employment, an employee will be required to sign the acknowledgment portion of the corrective discipline notice indicating that a discussion of the issue has taken place. An employee who refuses to sign the acknowledgement will have violated our Town policy and will be subject to disciplinary action, up to and including termination. Town of Cortlandville April 2022 1100-9 1108 Fraternization Policy Statement - In order to avoid an actual or perceived conflict of interest, the Town prohibits dating between a Department Head and an employee if the employee directly or indirectly reports to that Department Head. This policy is considered when assigning, transferring, or promoting an employee. 1109 Ethics Policy Statement – The Town expects all employees to maintain the highest standards of professionalism and integrity in the performance of their job duties and while representing the Town. All work must be performed in an ethical manner and in accordance with government regulations and Town policy. An employee should never use the employee’s position with the Town or relationship with customers for private gain. Prohibited Conduct - An employee is expected to refrain from any illegal, unethical, and/or dishonest business activity In addition, an employee is prohibited from engaging in any activity that could have the potential to conflict with the interests of the Town, coworkers, or customers or that could be viewed unfavorably by customers or the public. In addition to violations of the policies, procedures, rules and regulations outlined in this employee handbook or established by the Town, the following, not meant to be all inclusive, are job related actions that may result in disciplinary action, up to and including dismissal, in accordance with the Civil Service Law (section 75). Examples of prohibited conduct include, but are not limited to: 1. Falsification of any records or reports, pertaining to, but not limited to, the following: employment application, medical reports, production records, time records, shipping or receiving records, absence from work, injuries on the job, claims for benefits provided by the Town. 2. Threatening, harassing, coercing, assaulting, fighting, intimidate or interfering with co-workers, Department Heads, department heads or residents. 3. Willful disobedience, insubordination, or intentions failure to carry out any reasonable instructions given by authorized management; engaging in any form of harassment. Directly or indirectly soliciting or accepting a bribe, kickback, loan, gift, service, or entertainment from a current or prospective vendor, supplier, customer, or competitor for the employee's personal gain in return for being influenced in connection with Town business; Directly or indirectly giving a bribe, kickback, loan, gift, service, or entertainment to a current or prospective vendor, supplier, customer, or competitor in return for influencing that individual or organization in connection with Town business; Having a direct or indirect financial interest or a personal business relationship with any business or person that does business with the Town without disclosure to and approval of the Town; and Investing in the stocks, bonds, or securities of a vendor, supplier, customer, or competitor if such transactions are based on any “inside information." Employee Guidance - Because the Town is unable to list every example of conduct that may violate this policy, an employee should use good judgment and seek guidance and assistance from the employee's Department Head, if needed. Town of Cortlandville April 2022 1100-10 Gifts – Shall mean anything of more than nominal value in any form including, but not limited to: money; service; loan; travel; lodging; meals; refreshments; entertainment; discount; or a forbearance of an obligation or a promise that has a monetary value. An employee must notify the employee's Department Head of any gift from a current or prospective vendor, supplier, or customer. This includes free samples and merchandise, even if given directly to an employee by a vendor or customer. A determination of whether the employee will be allowed to accept the gift will be made on a case-by-case basis. 1110 Conviction Notification Policy Statement - An employee must, as a condition of continued employment, inform the Town of all criminal convictions. An employee is responsible for notifying their Department Head within three days of receiving a misdemeanor or felony conviction. Noncompliance with this requirement may result in termination of employment. Employment Decisions Based on Conviction - A criminal conviction does not necessarily disqualify an applicant from employment consideration or result in termination of a current employee. Employment decisions based on a conviction take into consideration many factors, including but not limited to, the extent to which the offense relates to the functions of the particular job, the seriousness of the offense, rehabilitation, length of time since the conviction, etc. Town of Cortlandville April 2022 1200-1 1200 TOWN PREMISES AND WORK AREAS 1201 Town Property Policy Statement - The purpose of the Town's property is for the smooth and efficient operations of the Town. Employee Responsibility - An employee is responsible for any items issued by the Town that are in the employee’s possession and/or control. All equipment must be used appropriately, handled carefully, and maintained in good condition. In addition, all operating and maintenance instructions must be followed. Supplies should be used efficiently and not wasted in order to save money and resources. Prohibited Uses of Town Property - An employee should not deliberately destroy, deface, or misuse Town property. The theft or unauthorized removal or possession of Town property is prohibited. New York Department of Environmental Conservation Permits – If any Town employee or agent is to do any work on Town or private property which requires a New York Department of Environmental Conservation permit, the permit is to be obtained prior to the commencement of the work. Improvements to Private Property – The Town shall not expend Town money which results in the improvement of private property, unless such expenditure is for the proper Town purpose pursuant to a statutory obligation or authority, or a property authorized contract under which the Town receives fair and adequate consideration. In the event that the Town decides to make any expenditure which results in an improvement to or on privately-owned property, the Town shall first require the following: A cost/benefit analysis shall be performed by the Town Board; Before approving any such expenditure, the Town shall obtain either a leasehold interest or a license to have access to the private property, both to perform the work to be completed, and to provide continued access as appropriate, so that the term of such a lease or license should be of sufficient length to ensure the Town a reasonable and proper return on its expenditures; Before approving any such expenditure, the decision shall be publicly discussed and the expenditure shall be specifically approved by the Town before any work is performed; Upon completion of the project, the Town will take steps to fully inform the public of the extent that the property is available for public use. Damage to Town Property - An employee must immediately stop using any damaged, defective, or malfunctioning Town property and notify their Department Head. Personal Use of Town Property - An employee may not borrow or remove any Town property from the premises for personal use. Personal Use of Town Facilities - Employees and private individuals are prohibited from conducting any type of personal business, entertainment or non-business related activity on Town premises unless prior written approval is obtained from the Department Head. Definition of Town Property - For the purpose of this policy, Town property includes, but is not limited to, equipment, tools, supplies, keys, computers, smartphones, uniforms, vehicles, and this Employee Handbook. This list is not all-inclusive. Town of Cortlandville April 2022 1200-2 1202 Personal Belongings Policy Statement – The Town is dedicated to providing a safe, clean, and pleasant work environment for employees, customers, and visitors. Work areas are to be kept clean and orderly. Equipment and supplies must be returned to their proper location after use. Coats and other personal items should be stored in designated locations. Personal Liability – The Town is not liable for the personal belongings of employees and will not repair, replace, or reimburse an employee for any damage to, or loss of, an employee's personal property. It is the employee’s responsibility to safeguard their personal possessions. This includes personal items in Town or personal vehicles. Lockers (Highway – Water/Sewer) - Lockers are available for employees to place personal belongings. Employees are required to provide their own locks. Lockers are subject to inspection at the Town’s sole discretion. Music – Music devices are allowed in work areas as long as the volume is kept low and the choice of music/entertainment is not offensive to coworkers or clients and does not interfere with the Town’s operations. Violation of this rule will result in an employee’s forfeiture of this privilege. 1203 Maintenance of Work Area Policy Statement – The Town is dedicated to providing a safe, clean, and pleasant work environment for employees, customers, and visitors. Work areas are to be kept clean and orderly. Equipment and supplies should be returned to their proper location after use. Coats and other personal items should be stored in designated locations. Food and Beverages - Employees should use caution when taking food and beverages in work areas. Beverages should be in covered containers and any spills or crumbs should be wiped up immediately. Housekeeping/Recycling - Please put items in their proper location after each use, dispose of garbage in the appropriate trash cans, and wash and put away dishes. Office paper, cardboard, newspapers, and other items that can be recycled should be placed in the designated containers. 1204 Parking Designated Parking - Employees should not park in designated handicapped, customer, reserved, or visitor parking areas. When off-site, employees must follow the parking guidelines established by the customer. Damage to Vehicles – The Town is not responsible for the security of or damage to, employees' vehicles or their contents while parked on the premises or while on Town business. The Department Head must be notified immediately of any accident, theft, or damage to a vehicle that occurs while on Town premises, regardless of the severity, so that the proper authorities may be notified. Town of Cortlandville April 2022 1200-3 1205 Smoke-Free Workplace Policy Statement - In compliance with New York State regulation, the Town maintains a smoke-free work environment. Smoking, using personal vaporizers, or tobacco and tobacco-like products is prohibited throughout the entire workplace, including the entire workplace, including the Town Office, Highway Department, Water/Sewer Department, warehouses, shops, meeting rooms, private and non-private offices, hallways, restrooms, and in Town vehicles. “No Smoking” symbol shall be prominently posted and properly maintained by the Town of Cortlandville. Smoking Breaks - An employee is not allowed additional or special breaks for smoking purposes. Employees are allowed to smoke outside 25 feet from any entrance doorway and including the entire entrance walkway, in designated smoking areas during authorized meal and break periods. Maintenance of Smoking Locations - Smoking areas should be kept litter-free. Cigarettes and matches should be completely extinguished after use and placed in the appropriate receptacle. Policy Violations – Violations of this policy will result in disciplinary action up to, and including termination. 1206 Charitable Solicitation and Distribution Policy Statement - The Town is supportive of charitable causes in the community and recognizes the right of all employees to engage in solicitation and distribution activities during appropriate times. However, such activities must not interfere with the operation of our business. Accordingly, the Town has established rules, applicable to all employees, to govern solicitation and distribution of written material. All employees are expected to comply with these rules. 1. No employee shall solicit or promote support for any cause or organization during his or her working time or during the working time of the employee(s) at whom the activity is directed; and 2. No employee shall distribute or circulate any written or printed material in work areas at any time. Working Time - As used in this policy, “working time” includes all time for which an employee is paid and/or is scheduled to be performing services for the Town; it does not include break periods, meal periods, or periods in which an employee is not, and is not scheduled to be, performing services or work for the Company. Non-Employees - Individuals not employed by the Town are prohibited from soliciting or distributing literature on Town property at all times. Employee Collections – Occasional collections for coworker gifts, activities, or parties that are not sponsored by the Town are normally allowed with prior approval from an employee’s supervisor. Voluntary Participation - All charitable solicitations are completely voluntary; employees are not required to participate in any charitable solicitation or function asked of them by the Town or a coworker. Employees should be respectful of coworkers who choose not to participate in a charitable solicitation. Town of Cortlandville April 2022 1300-1 1300 SAFETY AND SECURITY 1301 Safety Program Policy Statement – The Town is committed to providing a safe and healthy workplace for employees, customers, and visitors. All machinery, equipment and devices are operated, guarded, and lighted to provide reasonable and adequate protection. The objective of the Town's safety program is to reduce the number of workplace injuries and illnesses to zero. Accidents can often be prevented through the use of reasonable precautions and the practice of safe working habits. Safety Officer – The Code Enforcement Officer has been designated as the Town’s Safety Officer. Safety Program - The Town has developed a written safety program to address the health and safety of employees who work for the Town of Cortlandville. All covered employees receive a separate copy of the safety program. The Town’s safety program includes, but is not limited to, the following: Providing mechanical and physical safeguards to the maximum extent possible; Conducting inspections to find and eliminate unsafe working conditions and practices, control health hazards, and comply with the safety and health standards for every job; Training all employees in safety and health practices; Providing necessary personal protective equipment and instructions for its use and care; Developing an enforcing safety and health rules and requiring that employees cooperate with these rules as a condition of employment; Investigating promptly and thoroughly, every accident to find the cause and correct the problem to prevent future occurrences; Providing First Aid kits and fire extinguishers throughout buildings and facilities. Safety Clothing and Equipment – An employee may be required to wear safety clothing and/or equipment as directed by the employee’s Department Head. The employee must comply with all clothing and safety requirements. Personal Protective Equipment – Employees may be required to wear special safety equipment. Any Personal Protective Equipment (PPE) will be provided by your Department Head. Employees must comply with the Department Head’s request to wear such items. Any employee who does not follow the Department Head’s instruction is in violation of PPE requirements and may be subject to disciplinary action. Employees must keep their PPE in good working condition for their personal job use. Depending on job duties, employees must wear protective devices such as gloves, goggles, masks, safety shoes, hard hats, safety T-shirts and safety vests. The Town will replace PPE if it was worn out by reasonable use. Emergency Response – Any incident of overexposure or spill of a hazardous chemical/substance must immediately be reported to their Department Head and Safety Officer. They must insure that proper emergency response actions are taken. Hazards of Non-Routine Tasks – The Department Head and Safety Officer must inform employees of any special tasks that may arise which would involve possible exposure to hazardous chemicals. Review of safe work procedures and use of required PPE must be conducted prior to the start of these tasks. Where necessary, areas will be posted to indicate the nature of the hazard involved. Town of Cortlandville April 2022 1300-2 Safety Hazards - Any suspected safety hazard must be brought to the attention of a supervisor or the Safety Officer immediately. Examples of potential safety hazards include, but are not limited to, damaged or broken machinery or equipment, slippery floors, torn carpet, cords in aisles, and boxes located in walkways or blocking exit doors. Reports about workplace safety issues may be made anonymously. An employee will not be retaliated against for reporting accidents, injuries, or illnesses, filing a safety-related complaint, or requesting to see injury and illness logs. Investigations - The Safety Officer conducts an investigation of all job-related injuries, illnesses, and near misses to determine the cause and attempt to prevent a recurrence. Policy Violations - Any employee who violates a safety policy or engages in unsafe work practices will be subject to disciplinary action, up to and including termination of employment. 1302 Accidents and Injuries Accident Procedures - In the event of a workplace accident or injury, take the following steps: 1. Stop work; 2. Eliminate or isolate the immediate cause of the accident to prevent further injury; 3. Obtain aid for the injured person and summon assistance. If the injury appears serious, dial 9-1-1; 4. Call a Department Head immediately; 5. Take appropriate steps to prevent any additional accidents; and 6. Complete an Accident Report with full details of the accident and submit it to the Bookkeeper before the end of the current workday. When there is an accident involving a non-employee, notify the Department Head immediately, no matter how minor the accident or injury may appear and even if no one was hurt. The Department Head will then forward to the Bookkeeper. First Aid Kits - First aid kits are located in designated locations in the Town Hall building, Highway Department building and Water/Sewer Department building. 1303 Building Evacuation Evacuation Procedures - An employee should be familiar with all exits in the building. In the event of a fire or other emergency that requires the building to be evacuated, the following procedures must be followed: 1. Leave the building by walking rapidly but calmly to the nearest exit door (do not run or push), assisting others along the way; 2. Immediately notify a Department Head or other designated person if anyone is having trouble leaving the building; 3. Do not take time to gather any Town property or personal belongings; 4. Once outside, assemble in the main parking lot at a safe distance from the building; and 5. Do not re-enter the building until a Department Head or other designated person gives authorization to do so. Department Heads are responsible for the orderly exit of all employees within their department. Each Department Head should be the last one out of the department and should make sure that all doors are closed. Once outside, the Department Head should account for all department employees. Town of Cortlandville April 2022 1300-3 Fire Extinguishers - Fire extinguishers are located in all Town buildings (Town Hall, Highway, Water/Sewer Department). Employees should be familiar with the location and operation of fire extinguishers. A fire extinguisher should only be used by an individual who has received training in its use and only if the fire is containable (e.g., wastepaper basket, garbage bin). In the event of a containable fire, a coworker should be instructed to dial 9-1-1 simultaneously. Leave the building immediately if the fire does not go out; never attempt to use a second extinguisher or take other measures to try and contain the fire. 1304 Infectious Disease Control Policy Statement - In compliance with the New York State HERO Act, the Town has adopted health and safety protocols to protect the workplace in the event of an infectious disease outbreak or declared pandemic. Airborne Infectious Disease Exposure Prevention Plan - This policy is only a summary. The Town has developed a separate written Airborne Infectious Disease Exposure Prevention Plan to address the health and safety of employees. Upon request, an employee will be provided a copy of the prepared plan. When a highly contagious communicable disease is designated by the Commissioner of Health as presenting a serious risk of harm to the public health, the Town will: Review the exposure prevention plan and update the plan, if necessary, to ensure that it incorporates current information, guidance, and mandatory requirements issued by federal, state, or local governments related to the infectious agent of concern; Finalize and promptly activate the worksite exposure prevention plan; Provide to all employees a verbal review of the plan, related Town policies and employee rights; and Provide each employee with a copy of the exposure prevention plan, post it in a visible and prominent location at each work site, and ensure it is accessible to employees during all work shifts. The Town is committed to providing authoritative information about the nature and spread of infectious diseases, including symptoms and signs to watch for, as well as required steps to be taken in the event of an illness or outbreak. Employees may be required to pass wellness and temperature checks in order to work. Preventing the Spread of Infection in the Workplace – The Town will provide a clean workplace, including the regular cleaning of objects and areas that are frequently used, such as bathrooms, breakrooms, conference rooms, copiers, door handles and railings, as well as shared tools and equipment. A committee will be designated to monitor and coordinate events around an infectious disease outbreak, as well as to create work rules that could be implemented to promote safety through infection control. While we will implement various protocols to ensure your safety, it’s up to you and your co-workers to execute these protocols daily. We ask all employees to cooperate by taking steps to reduce the transmission of infectious disease in the workplace. The best strategy remains the most obvious -- frequent hand washing with warm, soapy water; covering your mouth and nose whenever you sneeze or cough; and discarding used tissues in wastebaskets. It’s important to note that these guidelines are subject to change based on state and local guidance, and the pandemic itself. Unless otherwise notified, our normal attendance and leave policies will remain in place and/or will be modified as required by any federal, state or local ordinance, order or regulation that is enacted specifically for the infectious disease outbreak. If such policies do not address an employee’s particular challenges, the employee should take steps to develop necessary contingency plans. For example, employees might want to arrange for alternative sources of childcare should schools close and/or speak with supervisors about the potential to work from home temporarily or on an alternative work schedule. Town of Cortlandville April 2022 1300-4 Personal Protective Equipment: Employees must comply with personal protective requirements. The Town maintains adequate supplies of recommended personal-protective equipment, such as face masks and anti-bacterial hand sanitizers, throughout the workplace and in common areas. Limiting Travel - All nonessential travel should be avoided until further notice. Employees who travel as an essential part of their job should consult with management on appropriate actions. Business-related travel outside the United States or to identified trouble spots may need to be restricted or suspended until further notice. Personal travel to identified trouble spots may require quarantine upon return. Employees directed to quarantine will be required to isolate and/or work from home (if applicable) and shall not return to work until they have been cleared by test and/or released from quarantine from the health department. Employees should avoid crowded public transportation when possible. Telecommuting - Telework requests will be handled on a case-by-case basis. While not all positions will be eligible, all requests for temporary telecommuting should be submitted to the employee's manager or human resources for consideration. Staying Home When Ill - During an infectious disease outbreak, it is critical that employees do not report to work if they have knowingly been exposed to an infected person or while they are ill and/or experiencing symptoms associated with a currently prevalent virus or disease. (Examples may include fever, cough, sore throat, runny or stuffy nose, body aches, headache, chills and fatigue). The Town will follow the Centers for Disease Control and Prevention (CDC) guidelines and will communicate these guidelines to all employees. Employees who report to work ill will be sent home in accordance with these health guidelines. Employee health screening may also be conducted in accordance with applicable federal and state regulations. The Town will provide paid sick time and other benefits in accordance with federal and state regulations, if applicable to compensate employees who are unable to work due to illness if applicable. If no paid leave is mandated, employees may use their accrued, unused sick and/or paid time off leave. If an employee has no paid leave available, unpaid leave will be granted. Requests for Medical Information and/or Documentation - If you are out sick or show symptoms of being ill, it may become necessary to request information from you and/or your health care provider. In general, we would request medical information to confirm your need to be absent; to show whether and how an absence relates to the infection; and to know that it is appropriate for you to return to work. As always, we expect and appreciate your cooperation if and when medical information is sought. Confidentiality of Medical Information - Our policy is to treat any medical information as a confidential medical record. In furtherance of this policy, any disclosure of medical information is limited to individuals on a need to know basis only. Disclosure will be made by Human Resource staff only with managers, first aid and safety personnel, and government officials as required by law. Social Distancing Guidelines for Workplace Infectious Disease Outbreaks - In the event of an infectious disease outbreak, the Town may implement these social distancing guidelines to minimize the spread of the disease among the staff. During the workday, employees are requested to: 1. Avoid meeting people face-to-face. Employees are encouraged to use the telephone, online conferencing, e-mail or instant messaging to conduct business as much as possible, even when participants are in the same building. 2. If a face-to-face meeting is unavoidable, minimize the meeting time, choose a large meeting room and sit at least six feet from each other if possible; avoid person-to-person contact such as shaking hands. 3. Avoid any unnecessary travel and cancel or postpone nonessential meetings, gatherings, workshops and training sessions. 4. Do not congregate with multiple persons in offices, conference rooms, kitchens, copier rooms or other areas where people socialize. Town of Cortlandville April 2022 1300-5 5. Bring lunch and eat at your workstation or away from others (avoid lunchrooms and crowded restaurants). Properly clean the area when finished. 6. If orders and/or materials must be exchanged, have them ready for fast pick-up or delivery. Duty to Comply with Guidelines - It is expected that all employees will assist the Town in upholding and enforcing guidelines established by local and federal government agencies for the health, and well-being of our employees, our customers, and our communities. Ignoring and/or acting contrary to these guidelines and expectations could result in disciplinary action up to and including termination. Non-Retaliation - The HERO Act makes it unlawful for employers to discriminate, threaten, retaliate against, or take adverse action against any employee for: Exercising their rights under this section or under the applicable airborne infectious disease exposure prevention plan; Reporting violations of the Labor Law, or a plan adopted under this section to any state, local, or federal government entity, public officer or elected official if they reasonably believe, in good faith, that a violation has occurred; Reporting an airborne infectious disease exposure concern, or seeking assistance or intervention with respect to airborne infectious disease exposure concerns, to their employer, state, local, or federal government entity, public officer or elected official; or Refusing to work where such employee reasonably believes, in good faith, that such work exposes him or her, or other workers or the public, to an unreasonable risk of exposure to an airborne infectious disease due to the existence of working conditions that are inconsistent with laws, rules, policies, orders of any governmental entity, including but not limited to, the minimum standards provided by the model airborne infectious disease exposure prevention standard, provided that the employee, another employee, or employee representative notified the employer, of the inconsistent working conditions and the employer failed to cure the conditions or the employer had or should have had reason to know about the inconsistent working conditions. Employees who believe they have experienced discrimination and/or retaliation should immediately contact the Town Supervisor. 1305 OSHA/PESH Policy Statement - The Town makes every effort to provide a workplace which is free from recognized hazards that could cause physical harm to employees. In order to help the Town maintain a safe workplace, employees are expected to abide by all OSHA/PESH rules and regulations. The OSHA/PESH standards that pertain to our industry are addressed in the Town's safety program. All covered employees receive a separate copy of the safety program. Hazard Communication – The Town has implemented a written hazard communication program to address the safe use of chemicals in the workplace. An employee working with a Hazardous Chemical shall obtain a copy of the Safety Data Sheet (SDS) and a standard chemical reference from the employee’s Department Head. OSHA Inspection – The Department Head is to be notified immediately if an OSHA inspector arrives. Town of Cortlandville April 2022 1300-6 1306 Building Security Safety Precautions - In order to ensure employee safety, prevent theft, and reduce accidents, an employee who enters or remains in the building before or after normal business hours must exercise reasonable care for the employee’s protection. Video Recording – The Municipal Building is 100% equipped with video surveillance equipment used for safety and security purposes. In accordance with New York State labor regulation, the Town prohibits video recording in bathrooms, and designated changing rooms. Security System – All Town buildings are equipped with a security system (code or key). Employees who are authorized to enter or remain in the building before or after normal business hours are given the security code. The last person to leave the building at the 1308end of the workday is responsible for turning the security system on. 1307 Visitors Normal Business Hours - Visitors can enter through the two main entrances of the Town office building. Visitors must be accompanied by an employee at all times while on Town premises. Non-Business Hours - For safety and security reasons, visitors are prohibited from being on Town premises before or after normal business hours, unless otherwise authorized by the Department Head. Definition of Visitor - For the purpose of this policy, a visitor is defined as a customer, vendor, supplier, friend or family member of an employee, or any other non-employee. Personal Visitors - An employee may have personal visitors on Town premises for occasional, brief visits during normal business hours. Personal visitors are not allowed at the Highway Department or Water/Sewer Department work sites. 1308 Animals in the Building Policy Statement - The Town has established a policy that prohibits all animals from entering the Town Hall with the exception of service animals as a matter of public safety. 1309 Restricted Areas Restricted Areas - Due to safety and security reasons, an employee is prohibited from entering restricted areas, unless assigned to work in this area. Restricted Areas During Non-Working Hours - An off-duty employee is prohibited from entering work areas until the employee’s next scheduled work shift. Town of Cortlandville April 2022 1300-7 1310 Workplace Violence Policy Statement – The Town considers the safety of its employees, or any individual on Town property to be of paramount importance. The Town has zero tolerance for any type of workplace violence committed by, or against, an employee. This includes, but is not limited to, threatening, intimidating, or inferring violence against any person or property associated with the Town. Notification of Threatening Behavior - An employee who is a victim of, witness to, or becomes aware of any potentially dangerous situation, aggressive, bullying, or hostile behavior, or threats or acts of violence, must inform his or her supervisor or another member of management immediately. Any suspicious individuals or activity must also be reported. Investigations – The Town treats any threat of violence seriously, and will take immediate appropriate action, including an investigation of the matter and the involvement of the police department. Prohibited Conduct - The following conduct is prohibited at all times while on Town property, at work sites, or at any location while representing the Town: Fighting, provoking a fight, or threatening violence; Horseplay; Hostile behavior that creates a reasonable fear of harm to others or property; and Intentionally damaging Town or coworker property. Firearms and Weapons – An employee is prohibited from possessing firearms or weapons of any kind while on Town premises; in Town, leased, rental or personal vehicles while conducting business for the Town; or at work sites, customer locations, or any other location during working time or while representing the Town, regardless of whether the employee is licensed to carry the weapon. The only exceptions are law enforcement personnel and security guards. Policy Violations - Violations of this policy will result in disciplinary action, up to and including termination and/or legal action. 1311 Workplace Searches Policy Statement – The Town reserves the right to inspect all Town and personal property brought onto Town premises or work sites at any time with or without notice if there is suspicion of theft, illegal activity, or similar behavior that may violate Town policy or government regulation. This includes, but is not limited to, Town and personal vehicles, packages, briefcases, purses, desks, work areas, computers, USB drives, files, e-mails, phones, voice mails, lockers, and file cabinets, even if locked. The inspection will normally be conducted in the presence of the employee. Employees have no right to privacy with respect to Town property or personal property brought onto Town premises. Policy Violations - An employee who refuses to allow management to inspect the employee's Town or personal property may be subject to disciplinary action, up to and including termination. In addition, an employee who steals from the Town will be subject to termination and legal action. Town of Cortlandville April 2022 1400-1 1400 COMMUNICATIONS AND TECHNOLOGY 1401 Employee Questions and Concerns Policy Statement – The Town of Cortlandville has an open-door policy, by which employees are encouraged to report work-related concerns. It is the Town’s intent to be responsive to employees’ questions and concerns. Complaint Procedure - An employee is required to bring any concerns to the attention of the employee’s supervisor. Normally, employee issues can be resolved through conversations with the employee’s Department Head. In the event that the supervisor does not resolve the issue to the employee’s satisfaction or the concern involves the Department Head, the employee may contact the Town Supervisor. The Town Supervisor will review the situation and provide a timely response to the employee. If an employee’s complaint involves one of the Town’s compliance policies relating to harassment, sexual harassment, and/or discrimination, the employee must follow the complaint procedure outlined in Complaint Procedure and Investigations. Retaliation - An employee will not be subject to retaliation or any adverse employment action that could affect the employee’s job security or potential advancement because of bringing any work-related questions, concerns, or complaints to management’s attention. An employee who believes that he or she has been retaliated against for filing a complaint should contact the Town Supervisor immediately. 1402 Employee Communications Policy Statement - Town and job-related information is communicated to employees via a variety of communication channels, including memos, e-mails, voice mail, Town intranet, payroll attachments, staff meetings, and bulletin board postings. Staff Meetings - Mandatory staff meetings are held periodically to update employees on Town and department matters. Bulletin Board - Bulletin boards are located in all Town buildings (Town Office, Highway Department, and Water/Sewer Department) for the posting of Town announcements and information of general interest. An employee should review the bulletin board on a regular basis in order to stay up-to-date regarding Town news. An employee is prohibited from defacing, adding or removing any items posted on the Town bulletin boards. 1403 Use of Electronic Communications Systems and Equipment Policy Statement – The Town of Cortlandville’s communication systems and equipment are an integral part of the Company’s business and are provided to employees to aid them in the performance of their job duties and to promote efficient operations. An employee's improper use of company-provided Internet services can waste time and resources and create legal liability and embarrassment for both the Town and the employee. In using electronic communication tools, an employee must always use integrity and professionalism and comply with all laws and corporate policies. Definition of Communications Systems and Equipment - For the purpose of this Employee Handbook, the Town’s communications systems and equipment include, but are not limited to, telephones, voice mail, pagers, wireless devices (e.g., cell phones, smart phones, tablets, laptops, and mobile hotspots), photocopiers, fax machines, incoming/outgoing mail, video and audio taping devices, and computer systems (e.g., networks, hardware, software, Internet, intranet, e-mail, instant messaging, text messaging, computer files, web sites, and Town social media services and accounts. Town of Cortlandville April 2022 1400-2 Town Property - All Town communications systems and their contents are the sole property of the Town. This includes all information created, transmitted by, received from or stored in these systems. Computers and the Internet – All computer software must be licensed and registered to the Town. No unauthorized or unlicensed hardware or software may be used or installed on any Company-owned computer, laptop, or wireless device. An employee may not reproduce, transfer, download, modify, or share licensed or non-licensed software with any coworker, business, customer, or for the employee’s personal use. Passwords - For security purposes, some of the Town’s communications systems require a password. If your job duties include the use of computers and various other security systems, you will be issued the proper access and passwords by the IT Team that the Town of Cortlandville has a contract with. An employee may not use a password that has not been issued to the employee or that is unknown to the Town. If it is suspected that a password has become known to others, it must be changed immediately and the IT Team must be notified. An employee is responsible for all computer transactions made with the employee’s user ID and password. When leaving a workstation for an extended period of time, an employee should log off of the computer. Prohibited Uses - The following uses of the Town’s communications systems and equipment are prohibited. This list is meant to be illustrative and not exhaustive: Engaging in any illegal activity that violates copyright or other United States regulations, including piracy, blackmail, software licensing rules, and the copying or distributing of copyrighted materials without the express permission of the author; Transmitting confidential, proprietary, or trade secret information; Using verbal or written obscenities, vulgarities, or threats; Transmitting, retrieving or storing of any communications of a defamatory, discriminatory or harassing nature or materials that are obscene or X-rated; Distributing chain letters; Accessing, or attempting to access, the computer files or e-mail, text, instant, or voicemail messages of a coworker without appropriate authorization from the coworker or a supervisor; Reading, copying, modifying, or deleting a coworker’s computer files or e-mail, text, instant, or voicemail messages without authorization from the coworker or a supervisor; Using or aiding in the unauthorized use of another person’s password, account or identity; Soliciting or advocating for commercial ventures, other employers, religious or political causes during working time; Transmitting messages under an assumed name or attempting to obscure the origin of any message; Attempting to remove or modify computer network equipment or software without proper authorization; Downloading or using any non-business programs, applications, browser extensions, or any other files without prior approval; Harming or destroying software, data, files, or messages (other than editing or deleting information in the normal course of job duties); Intentionally tampering with, obstructing, or impairing the availability of any computer system, anti-virus software, network, or security feature, or circumventing any system intended to protect the privacy or security of another user; and Using Town-email to sign up for subscriptions or to register on websites, social networks, blogs, or other online tools utilized for personal use. Town of Cortlandville April 2022 1400-3 Company’s Right to Monitor Communications Systems and Equipment - There is no guarantee of privacy when using Company-issued wireless devices and company-owned computers, email, Internet networks, and related systems. To the extent allowed by regulation, the Town reserves the right to access, search, and monitor the Company’s communications equipment and files at any time in the normal course of business. This applies to all information, messages, and files that an employee creates, transmits, downloads, receives, views, stores, or deletes on such systems, including items that are password protected. The Town has the ability to monitor sites visited by an employee on the Internet, chat rooms, newsgroups, all voice mail messages, telephone calls and every e-mail message and file transfer into and out of the Town’s network as well as any information created or discussed on social media sites, blogs, or personal web sites. An employee’s use of the Town’s communications systems and equipment constitutes consent to the Town accessing, intercepting, monitoring, and disclosing any matter stored in, created, received or sent over those systems and equipment. Virus Detection - Files obtained from outside sources, including disks brought from home; files downloaded from the Internet, newsgroups, bulletin boards, or other online services; e-mail attachments; and files provided by customers or vendors may contain dangerous computer viruses that may damage the Company’s computer network. An employee may not download files from the Internet, accept e-mail attachments from outsiders, or use disks from non-Town sources, without first scanning the material with anti- virus software. Any suspicious e-mail or suspected virus infection must be reported to the IT Team immediately. Personal Use of Communications Systems - The Town’s communications systems and equipment, including but not limited to, computers, laptops, tablets, cellphones, and the Internet are generally reserved for business purposes. Personal use during working time is prohibited. Inappropriate Web Sites and Computer Files - Sending, saving, or viewing inappropriate material is prohibited. An employee may not log on to any inappropriate or sexually explicit web sites. The Town reserves the right to delete any inappropriate files or material on Town-owned computers without notification to the employee. Use of Audio and Video Recording Devices - Due to confidentiality and personal privacy concerns, the use of cameras, wireless devices, tape recorders, and other audio and video recording devices are prohibited in restrooms, restricted access areas, or in any other location where personal privacy is expected. An employee may not photograph, audiotape, or videotape any Town meeting or activity, property, coworker, customer, or anyone affiliated with the Town without permission. Advance authorization from any individual(s) being photographed is required. 1404 Social Media Social Media - For the purpose of this employee handbook, the term “social media” refers to any Internet- based media that facilitate activities such as professional or social networking, posting comments or opinions, and sharing photos, audio, video, or other content. Examples include, but are not limited to: personal websites, blogs, wikis and social networking sites such as Facebook, LinkedIn, Instagram, SnapChat, Twitter, Flickr and YouTube. Guidelines All Town policies, including the Town’s, sexual/anti-harassment, equal employment opportunity (EEO), ethics, and confidentiality policies, apply to the use of social media. An employee is prohibited from disclosing any trade secrets, products, processes, proprietary information, strategic business plans, or any similar confidential information about the Town or its customers via social media. Respect copyright, trademark, fair use and financial disclosure laws. Town of Cortlandville April 2022 1400-4 An employee may not post any information or engage in any online activity that violates applicable local, state or federal laws, or professional rules of conduct. If an employee indicates on any social media that he or she is a Town employee, he or she must clearly state that the views expressed are solely the personal views of the employee and that they do not represent those of the Town, customers or suppliers. This applies to posts, blogs, and videos occurring on any computer during both working and non-working time. An employee may not use the Town email addresses to register on social networks, blogs or other online tools utilized for personal use. In addition, an employee may not infringe on the Company’s logos, brand names, taglines, slogans or other trademarks. Using Social Media During Non-Working Time – The Town respects an employee’s right to self- expression, when using social media during non-working time. However, employees are expected to be fair and courteous to the Town’s employees, clients, customers, independent contractors, suppliers, and people who work on behalf of the Town. Keep in mind that an employee is more likely to resolve work- related complaints by speaking directly with management than by posting complaints to a social media outlet. Nevertheless, if an employee decides to post complaints or criticism, avoid using statements, photographs, video, or audio that reasonably could be viewed as malicious, obscene, threatening, or intimidating, that disparages clients, customers, independent contractors, employees, associates, or suppliers, or that might constitute harassment or bullying. Non-Retaliation - The Town prohibits taking negative action against any employee for reporting a possible deviation from this policy or for cooperating in an investigation. Any employee who retaliates against another employee will be subject to disciplinary action, up to and including termination. Policy Violations - Employees are solely responsible for what they post online. Conduct that adversely affects job performance, the performance of coworkers, violates Town policies, or otherwise adversely affects members; customers or suppliers may result in disciplinary action up to and including termination. 1405 Social Media and Photography Policy Statement - From time to time, the Town may take pictures of employees and post them on social media or in any of its publications, either internal or external, with or without informing the employees who may be in them. It is understood this policy is meant to allow the Town to build and involve employees in its social media presence. No personal information of employees other than their first name will be posted on social media websites without prior permission. The Company, nor the employee, will receive compensation for use of the image. Waiver - An employee who does not consent to the use of photographic or video images of them self on the Town’s social media websites or in its publications must inform their supervisor and sign a disclaimer. The disclaimer will be kept in the employee's personnel file for reference. 1406 Telephone/Wireless Device Usage Policy Statement - Because personal telephone calls can negatively affect productivity and distract coworkers, employees are asked to limit personal phone calls during working time unless it is an emergency. This includes the use of both Town issued phones, wireless devices and employees’ personal cell phones. Long distance, personal calls may not result in charges to the Town. Wireless devices include, but are not limited to, cell phones, smart phones, tablets, laptops, mobile hotspots. Town of Cortlandville April 2022 1400-5 Town Provided Wireless Devices - The Town provides wireless devices to employees as appropriate to their duties and responsibilities. Wireless devices are for Town and business use only except for minor incidental or emergency personal use. Personal calls during working hours must be kept to a minimum and must not interfere with the employee’s performance of his or her work. Employees in possession of a Town issued wireless device are expected to protect the equipment from loss, damage or theft. Upon resignation or termination of employment, or at any time upon request, the employee is to produce the device for return and/or inspection. Cell phone usage will be monitored and misuse may result in disciplinary action, up to and including termination. Personal Wireless Devices - An employee should not make or receive non-business related calls on his or her personal wireless device during working time, except in an emergency. This includes sending, receiving or viewing text messages, voice mail messages, or e-mails and downloading of web content. Excessive Use - If an employee’s personal calls become excessive, affect the employee’s job performance, and/or distract coworkers, disciplinary action may occur. 1407 Mail Personal Mail - An employee may place personal letters with the Town's outgoing mail as long as the employee’s own postage is used. Personal mail, including magazines and packages, should not be delivered to the workplace. The Town reserves the right to review all incoming mail, including mail addressed to individual employees. 1408 Employee Suggestions Policy Statement – The Town values the suggestions and ideas of employees. An employee is encouraged to inform the employee's supervisor of any suggestions that may be valuable to the Town’s productivity and success. All suggestions are carefully reviewed and implemented, if feasible. 1409 Public and Media Relations Public Relations – Members of the public should be assisted promptly and treated courteously and professionally at all times. Positive public relations can greatly enhance goodwill, while a negative experience can easily destroy a valuable relationship. An employee should treat all complaints from customers, vendors, suppliers, or members of the public seriously and professionally. If you are unable to resolve the person’s concern to his or her satisfaction or if the person becomes unreasonable or harassing, immediately notify their Department Head. Media Relations - Events may occur that will draw immediate attention from the news media. It is imperative that one person speaks for the Town to deliver an appropriate message and to avoid giving misinformation in any media inquiry. Accordingly, all requests for information from the media (e.g., television, radio, and newspaper) regarding any aspect of the Town must be referred to the Department Head. Likewise, any official press releases or publications released to the media must be approved by the Town Supervisor. Town of Cortlandville April 2022 1500-1 1500 THE CIVIL SERVICE SYSTEM 1501 The Merit System It is written in the New York State Constitution that all appointments and promotions in the civil division, therefore, should be based on merit and fitness and so far as practicable after competitive examination. As a Town employee, you are part of this merit system. 1502 The Unclassified and Classified Services All positions in the Town are included in either the Unclassified or Classified Services. All explanation of these two services is as follows: 1. Unclassified Service – Consists of those employees among others, who are elected officials and/or members’ of boards or commissions. 2. Classified Service – Includes all other Town employees who are subject to the rules for the Classified Civil Service of Cortland County. The Classified Service is divided into four (4) Jurisdictional classes. a. Competitive – those positions for which it is practical to determine merit and fitness by competitive examinations. b. Non-Competitive – those positions for which it is not practicable to ascertain the merit and fitness of applicants by competitive examination, but rather by a review of training and experience. c. Exempt – those positions for which competitive or non-competitive examinations or other qualification requirements are not practicable. d. Labor – those positions which require no specific minimum requirements. 1503 Veteran’s Club If you are a veteran, you may be eligible to apply for veteran’s credit on a Civil Service examination. Veteran’s credit maybe added to a passing score, and may be used for appointment purposes only once. Veterans are encouraged to contact the Cortland County Civil Service Department for details concerning these credits. 1504 Eligible Lists Candidates who pass an examination are placed on an eligible list in the order of their passing mark. Appointments from this list must be in compliance with Civil Service Law. Town of Cortlandville April 2022 1500-2 1505 Appointments The following types of appointments are made to positions which are classified as Competitive: 1. Permanent – employees in the competitive class who are appointed to vacant positions from an eligible list establishment as a result of examination and who successfully complete the probationary term. 2. Provisional – appointments made whenever there is not an appointment eligible list available for filling a vacancy in the competitive class. Provisional appointees are required to take an examination whenever it is scheduled. At such time, the provisional appointee will be required to compete with all other qualified applicants on terms which give no advantage to the incumbent. A permanent appointment will thereafter be made on the basis of the eligible list resulting from the examination. Employees appointed provisionally for non-promotional positions have no Civil Service protection. 3. Temporary – temporary appointments may be made in the competitive class for a variety of reasons including: a need for emergency work; planned termination of a position in a short time; an employee is on a leave of absence; the position is funded through a temporary grant; or in cases where an employee has been appointed to a position vacated through the promotion of another employee. Until the employee who has been promoted receives permanent status, the other employee’s status remains temporary. Temporary appointments may be for a period of up to twelve (12) months. Since the temporary job falls with the scope of the competitive lass, it is subject to the following provisions: A temporary appointment for one (1) to three (3) months may be made without referring to an eligible list. A temporary appointment for three (3) to six (6) months may be made by selection of anyone on an eligible list. A temporary appointment for more than six (6) months may be made if the candidate is among the top three (3) candidates and is willing to accept a temporary position, or if a current eligible list does not exist for that particular position. 1506 Examinations and Promotions Competitive Class positions in the Town are filled by examinations. Candidates are ranked according to their performance on the examination. The names of the top three (3) applicants are sent to the appointing officer who then chooses one (1) of the three (3) to fill the position. The Town offers opportunities for advancement for those who qualify. Normally, qualified employees must take a promotional examination, in which case the above “rule of three” would apply. Employees wishing to advance in their careers are encouraged to become quite knowledgeable about their present position and be aware of higher level positions for which they may be qualified. Town of Cortlandville June 2019 1600-1 1600 CONCLUSION 1601 Conclusion In general, we have mentioned benefits, procedures and responsibilities. Now we need to emphasize again the most important component, that is, the taxpayers and the residents of the Town of Cortlandville. In order to retain the confidence of those we serve, we want to assure that our excellent reputation continues by always giving the best service. Town of Cortlandville EMPLOYEE HANDBOOK ACKNOWLEDGMENT I hereby acknowledge that I have received or have ready-access (or online access) to a copy of the Town of Cortlandville’s Employee Handbook, which includes an overview of the policies, procedures, rules, and benefits of the Company. I further acknowledge that I have read or will read the contents of the Employee Handbook and I agree to abide by the policies contained therein. I understand that any violation of the policies in this Handbook could result in discipline, up to and including termination. I am aware that if I have any questions regarding the contents of the Employee Handbook I should contact the Bookkeeper. I understand that the Town reserves the right to interpret, add, modify, or revoke any provision in the employee handbook with or without cause or notice. I also understand that the employee benefits, policies, procedures, and rules in this employee handbook will remain in effect until notified otherwise by the Town. I agree to retain my copy of the employee handbook for future reference and to update it with any policy additions or revisions that the Town issues. I am aware that any Town property in my possession must be returned to the Town upon my separation from employment or when requested by the Town. Employment at the Town of Cortlandville is employment-at-will. Accordingly, this employee handbook is not intended to be a contract of employment, a warranty of benefits, or a limitation on the Town's ability to terminate employees. Failure to sign this employee handbook acknowledgement may result in disciplinary action, up to and including termination. Employee Name (Please Print) Employee Signature Date of Signature Signature of Manager or Department Head Date of Signature