Town Board reviews employee handbook in detail

PINE PLAINS — After the Town Board wrapped up matters regarding its organizational meeting on Thursday, Jan. 6, it moved on to a discussion about updating its employee handbook. Patricia Stockman, a recruiting and human resources consultant from The Executive Connection out of West Coxsackie, N.Y., sat with the board as she reviewed her suggestions for bringing the handbook up-to-date with state regulations.

“I was impressed that you have anything,� she told the board straight off the bat, adding that not all municipalities do.

Town Supervisor Gregg Pulver said, for the most part, if the town can keep what’s “boilerplate,� it will. He said other changes suggested by Stockman will have to be discussed by the board and then reviewed by Attorney to the Town Warren Replansky. One thing Pulver was clear on was there was “no way� the board would be adopting the handbook that night.

Stockman confirmed most of the changes were “boilerplate� before proceeding to go over the details.

Equal opportunity, ADA

She suggested the board, which has a responsibility for the policy, make an equal opportunity statement.

“You need to make sure you  have something in place,â€� she said.

Pulver agreed.

“We need to somehow prove we’re an equal opportunity employer with the exception of some specifics, like the town clerk hires her assistant and the same with the highway superintendent,� he said. “The board hires everybody else.�

“So we need to make sure those two people know the rules,� Stockman said.

Next up were harassment and discrimination procedures. It was recommended they be kept on file in case of a complaint, that way a statement is available so the town knows how to proceed. Stockman did recommend keeping it simple, saying that sometimes “if it’s too large employees won’t read them.�

The Americans with Disabilities Act (ADA), which prohibits discrimination against people with disabilities, is addressed in the handbook; Stockman said it’s “pretty standard.�

Second jobs, privacy laws, termination

The issue of secondary employment was raised. According to the consultant, if people have second jobs they are supposed to inform their primary employers.

Privacy laws were addressed. Stockman told the board it needs something that states its records are kept private and that anything that is considered personal and confidential would be kept confidential.

“A lot of times with the Zoning Board of Appeals and Planning Board you have to ask questions with properties, etc.,� she said. “That’s the kind of information you will have to keep confidential.�

When discussing termination, she said the town can terminate an employee at will. She did suggest that section of the handbook be moved to the end, rather than kept in the front.

“It was the first thing I noticed, so you may want to move it,� she said, adding it might be intimidating to new workers. “Also, you may want to use the word ‘separation’ instead of ‘termination,’ it’s a little less potent.�

Withholding wages,

vacation time,

future employment

According to Stockman, a person is entitled to wages, which she said can’t be withheld. That led to the topic of vacation pay and how it’s earned. Pulver said in his experience, vacation is earned, not given. Stockman  recommended vacation time accrual be put in writing, as its “stickyâ€� and “can get into discriminatoryâ€� charges.

There was talk about how many vacation days should be accrued during a set amount of time. Pulver said there needs to be a maximum number of days that can be accrued. The idea of paying vacation time in advance was also discussed.

The  board moved on to other subjects without solving the vacation pay matter. It next discussed employees who leave their jobs in good standing and if they can be considered for future employment with Pine Plains. Pulver said that statement isn’t needed and the board decided to remove it from the handbook.

Harassment, drugs

Harassment was the next topic. “If a person feels they are being harassed you want them to be able to tell any board member, not just the supervisor, because it could be the supervisor doing the harassment,� Stockman said. “And also, confidentiality is important. You want to keep the investigation as confidential as possible.�

Keeping a drug-free work environment was also addressed in the handbook. The policy, as it currently reads, applies to drivers (mostly in the Highway Department).

“My recommendations are if you’re going to give drivers a test, make it separate for them,� Stockman said. “It doesn’t have to be in the policy, just in the rules, then you don’t have to change the whole handbook.�

Violence and weapons

Violence, a concern for everyone in today’s world, was something Stockman brought up. “Violence — firearms, threatening gestures with firearms, any threats, etc. — people are not allowed to  bring firearms on any municipal property,â€� she said.

“What about police?� asked Pulver, also asking about the highway crew, who sometimes stop by town buildings after hunting and may have their hunting guns in their vehicles.

“Be careful,� Stockman warned. “If you do allow it and then they’re on your property and in your vehicles [you’re in big trouble].�

“No,� Pulver said adamantly. “Our workers do not deer hunt on town time or use town vehicles to deer hunt.�

Insurance and family and medical leave

Once that was clarified the discussion moved on to corporate benefits and insurance.

“I think morally if [workers] don’t take our insurance we should make them offer proof they have insurance [of their own],� Pulver said.

“I don’t think you can, but check with your attorney, he may suggest you have them sign a waiver that they don’t want your insurance,� Stockman said.

Next up was the issue of the Federal Family and Medical Leave Act, which the town is not required to follow because of its small number of employees, but Stockman said “it’s a good guideline to follow.�

Jury duty, lunch,

military leave, pensions

Jury duty was also discussed. The board was informed it can legally place a limit on the number of paid days a town employee can serve.

“I don’t think we should put a max on it,� Pulver said. “Usually we pay the difference [between what the court pays and their salary].�

Lunch periods were addressed. Pulver said they “drive my bookkeeper nuts� because the town can opt to pay them or not. The law does state, however, that all employees must be given 30 minutes for lunch. Whether they will be paid for those 30 minutes is the question; it’s something the board said it needs to figure out.

The board said it needs to “tweak� its military leave policy as well.

As far as pensions go, Pulver said the town has “no say in that,� and that “whatever the New York state retirement system says, we’ll do.�

Personal and sick leave, computer usage, etc.

Regarding personal and sick leave, in the past the town has had seven personal days and no limit on sick days. The supervisor said that’s one of the things he would like the board to think about, among others.

“I don’t think you should accrue personal leave,� he said. “I think if you accrue sick time, to a certain degree, that’s OK. Also, at what rate do you pay accrued time?�

“As far as I know, you pay at the rate they’re at, at the time they leave,� Stockman said. “Also, if you cap the number of sick days that can present a problem.�

“We’ll have to talk about it,� Pulver replied.

“I will tell you one town I worked for had to pay $17,000 to a person who had accrued a lot of sick and personal days,� Stockman said.

“This is why we’re doing this,� Pulver said, before trying to flesh out accrued vacation time, too.

Computer usage was the next issue raised. Stockman said it’s more and more contentious with labor attorneys in light of all of the illegal and inappropriate activities associated with the Internet. Pulver said he wants a disclaimer on e-mails and the town’s website, as well as the updated handbook section.

Stockman also reviewed the attendance policy, business expense reimbursements, employment descriptions (full-time vs. part-time, etc.), compensation time, evaluations, smoke-free environments and the handbook’s appendix.

It was a long, in-depth discussion the board said it wanted to mull over before the next review.

“I need to read it,� Councilwoman Sandra David said, as many board members were seeing it for the first time that night.

“We’ll all read this, and if we get to a certain comfort level in the next two weeks we may address it at the next meeting,� Pulver told Stockman. “I hope we’ll get it done in the next month or two.�

“Great,â€� she said. “That would be amazing. You’ll  be the fastest moving town [I’ve worked with].â€�

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