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145.92 RESOLUTION REGARDING EMPLOYEE BENEFITS AND EMPLOYER POLICIES RESOLUTION NO.:145,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury is desirous of setting forth, in this resolution, the terms and conditions of employee benefits and employer policies for all non-union, Town of Queensbury officers and employees, 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: 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: 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 Director of Building & Codes Director of Parks & Recreation Health Officer Historian Parts Shop Foreman Purchasing Agent Real Property Tax Service Assistant Receiver of Taxes Secretary Supervisor/Community Assistant Solid Waste Facility Operator Wastewater Director Water Superintendent. 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. 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. D. 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. E. 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. F. CAUSES FOR DISCIPLINARY ACTION AND/OR IMMEDIATE 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. G. SAVINGS CLAUSE. 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. H. 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. I. EFFECTIVE DATE. 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. J. DISTRIBUTION OF NOTICE OF EMPLOYEE BENEFITS AND EMPLOYER POLICIES. 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. Duly adopted this 2nd day of March, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:Absent