164.92
RESOLUTION REGARDING EMPLOYEE BENEFITS AND EMPLOYER POLICIES
RESOLUTION NO.: 164, 92
INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Pliney Tucker
WHEREAS, the Town Board of the Town of Queensbury is desirous of setting forth, in this
resolution, the terms and conditions of employee benefits for non-union Town of Queensbury officers
and employees and employer policies applicable to all union and non-union, Town of Queensbury
officers and employees, and amending previous Resolution No. 145, 1992 regarding employee benefits
and employee policies,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and sets
forth the following terms and conditions of employee benefits and employer policies for non-union
Town officers and employees:
A. VACATION:
After one year of continuous service, non-union, full-time officers and employees shall be
granted vacation as follows:
1-4 years of employment.................10 days (working)
5-9 years of employment.................12 days (working)
10 years of employment.................15 days (working)
11 years of employment.................16 days (working)
12 years of employment.................17 days (working)
13 years of employment.................18 days (working)
14 years of employment.................19 days (working)
15 years of employment.................20 days (working)
Vacation credit for each year of employment shall be deemed granted on first anniversary date
one year after the date hired and each yearly anniversary thereafter. All vacations shall be scheduled in
advance by the Department Head and must be taken within 12 months after granted. Vacation days
may not be accumulated or carried over from year to year, nor will there be payment in lieu of or for
unused vacation days.
Vacation time requires prior approved by the Department Head. Department Heads' vacation
requests must have prior approval from the Town Supervisor.
B. OVERTIME COMPENSATION:
1. The following positions shall not be eligible for overtime compensation:
Acting Fire Marshall
Administrative Assistant
Assessor
Assistant Director of Parks & Recreation
Budget Officer
Building & Grounds Superintendent
Cemetery Superintendent
Deputy Highway Superintendent
Deputy Supervisor
Deputy Town Clerk
Deputy Water Superintendent
Director of Accounting/Bookkeeper
Director of Building & Codes
Director of Parks & Recreation
Health Officer
Historian
Purchasing Agent
Receiver of Taxes
Secretary Supervisor/Community Assistant
Senior Planner
Solid Waste Facility Operator
Town Attorney
Wastewater Director
Water Superintendent
Zoning Administrator
2. Daily time sheets shall be required for all officers and employees except elected
officials. Leave Request/Report Forms must be used to take sick time, personal time, holiday,
vacation, bereavement, or "other" approved leave. The leave forms shall be signed by the Department
Heads. Department Heads' leave forms shall be signed by the Supervisor.
C. AUTHORIZED TIME OFF:
1. Any Town officer or employee who is not compensated for overtime, as herein
provided, may be granted "Authorized Time Off" by the Town Supervisor in recognition of the extra
work or overtime worked by that officer or employee.
2. Authorized time off shall not be considered a vested right or compensatory time off and
shall not accumulate in any formal manner. Use of authorized time off shall be made only when
specifically granted. Authorized time off shall not exceed and may not necessarily equal the amount of
overtime worked.
3. The decision of whether to grant authorized time off shall lie in the exclusive discretion
of the Town Supervisor who shall, when determining whether to grant authorized time off, consider
the employee's work performance and amount of overtime worked.
D. PART-TIME EMPLOYEES/BENEFITS:
1. Part-time employees shall be defined as permanent employees hired after the date of the
adoption of this policy working 20 hours or more but less than full-time and will be granted vacation,
sick-time, personal days, floating holidays, holidays, and bereavement equal to one half of those days
and that amount of time normally granted to full-time employees except that if a holiday falls on a day
the employee is not scheduled to work, such employee will not be granted any additional
compensation.
2. Health and Major Medical Insurance, Dental and Prescription and other types of
insurance, shall not be offered or made available to part-time employees, except as may be required by
law.
E. TEMPORARY AND/OR SEASONAL EMPLOYEES:
Temporary and/or seasonal employees shall be defined as employees working seasonally or less
than 20 hours per week and shall be granted no vacation, sick-time, personal days, floating holidays,
holiday pay, or bereavement time or pay and shall not be offered or entitled to health and major medical
insurance, dental, prescription, or other types of insurance available through the Town of Queensbury,
except as required by law.
F. EXCEPTIONS:
1. The terms and conditions of the aforesaid benefits and policies shall accrue to the
benefit of and apply to all non-union officers and employees of the Town of Queensbury, except that
the benefits referred to above shall not apply to those officers or employees who are appointed by the
Town Board in accordance with State Laws and who have a definite term of office under State Law.
These officers or employees shall have such benefits as agreed to at the time of appointment, and to the
extent that the particular benefits described hereinabove were not discussed or agreed to, said officers
or employees shall have such benefits hereinabove referred to or typically granted to employees.
2. Current, permanent, part-time employees who are receiving health insurance benefits
shall not be effected by the above-described policy concerning the availability of health insurance
benefits to part-time employees, so long as said part-time employees are in the continuous employment
of the Town of Queensbury. In the event that said employees' employment should terminate for any
reason, the employee's entitlement to said benefits will terminate in the same manner as any other full-
time non-union employees' benefits would terminate upon termination of employment, and in the event
that said part-time employee returns to employment with the Town, he or she will be considered a new
employee and subject to the above-referenced policy on health insurance benefits.
3. With regard to the vacation policy set forth above, any officer or employee granted the
privilege of carrying over vacation days from the year of work prior to the adoption of this resolution
and who on the date of this resolution has not used all such vacation days, shall be allowed to take such
unused vacation time before the expiration of that officer or employee's current year of service,
provided further, however, that the said officer or employee shall not be allowed to further continue to
carry vacation time after said current year of service, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury hereby sets forth the following
employee policies applicable to all union and non-union officers and employees:
A. TOWN-OWNED MOTOR VEHICLES.
All vehicles will be parked at their base of operations, at the end of each day unless authorized
by the Town Board.
B. CAUSES FOR DISCIPLINARY ACTION AND/ORIMMEDIATE
SUSPENSION, DISCHARGE OR DISMISSAL.
1. (A) Bringing liquor or other alcoholic beverages or illegal, non-prescription drugs
into Town buildings, motor vehicles, or upon Town work-sites, or the consumption of alcohol or
illegal, non-prescription drugs during work hours (or the normal work-day for your position) is not
allowed, and will result in disciplinary action. Any officer or employee shall not report for work with
ability impaired because of the use of alcohol or illegal, non-prescription drugs, and if so reporting,
shall not be permitted to work, and shall be subject to disciplinary action.
(B) Violation of State or Local Laws relating to controlled substances or alcohol
will not be tolerated, and will result in disciplinary action.
(C) Whether ability is impaired because of alcohol may be verified by a sobriety test
and refusal to take the sobriety test shall establish a presumption of ability impaired by said alcohol.
2. Intentional or repeated falsification of any Town report, time-card, or other information
will not be tolerated and will result in disciplinary action.
3. Violation of any policy under this provision F shall be cause for discharge or dismissal
and disciplinary action may include reprimand, a fine in an amount not to exceed $100.00, immediate
suspension, without pay for up to two months, demotion, permanent discharge, or dismissal from
employment.
. SAVINGS CLAUSE.
C
If any provision of this policy is declared invalid or unenforceable by a Court of law and record
in New York State, the remainder of this policy shall be considered in full force and effect and treated
as if the invalid or unenforceable provision were deleted therefrom, and
BE IT FURTHER
RESOLVED, that
A. The terms and provisions of this resolution shall take effect immediately, and the terms
and provisions hereof shall be controlling regardless of any prior conduct or informal expressions of
policy by any officer, employee, or board of the Town of Queensbury.
B. The Town Supervisor shall, and is hereby authorized to distribute a copy of this
resolution and policy set forth therein to the employees of the Town of Queensbury in such manner as
he shall deem appropriate, and provide notice to the employees, and
BE IT FURTHER
RESOLVED, that Resolution No 145, 1992 is hereby amended accordingly.
Duly adopted this 9th day of March, 1992, by the following vote:
AYES : Mrs. Monahan, Mr. Caimano, Mr. Tucker, Mr. Brandt
NOES : None
ABSENT : Mrs. Goetz