NESMITH LIBRARY

PERSONNEL POLICIES 

ORIGINAL:  AUGUST 15, 2000                                       

REVISED:    MAY 13, 2003

    TABLE O F CONTENTS

                                                                       

ARTICLE I                              PURPOSE                                                              

ARTICLE II                             ADMINISTRATION OF THE PLAN                   

ARTICLE III                           SCOPE                                                                      

 ARTICLE IV                           EMPLOYEE DEFINITIONS                                   

 ARTICLE V                            APPOINTMENTS AND PROBATION               

 ARTICLE VI                           POSITION DESCRIPTION                                    

ARTICLE VII                          MEDICAL PHYSICAL EXAMINATION           

ARTICLE VIII                         ANNIVERSARY DATE                                           

 ARTICLE IX                           WAGE/SALARY SCHEDULE                                  

 ARTICLE X                            WORK HOURS                                                         

 ARTICLE XI                           OVERTIME                                                              

 ARTICLE XII                          HOLIDAYS                                                              

 ARTICLE XIII                         EARNED TIME                                                      

 ARTICLE XIV                        MATERNITY LEAVE                                           

 ARTICLE XV                          BEREAVEMENT LEAVE                                      

 ARTICLE XVI                        WORKER’S COMPENSATION                            

 ARTICLE XVII                       LIFE INSURANCE                                                 

ARTICLE XVIII                      DISABILITY INSURANCE                                    

ARTICLE XIX                        HEALTH/MEDICAL INSURANCE                       

 ARTICLE XX                         STAFF DEVELOPMENT

                                                ACADEMIC REIMBURSEMENT                            

 ARTICLE XXI                        RETIREMENT                                                           

 ARTICLE XXII                       PERFORMANCE EVALUATION                            

 ARTICLE XXIII                      REIMBURSEMENT OF EXPENSES               

 ARTICLE XXIV                      GRIEVANCE PROCEDURES                                  

 ARTICLE XXV                       CAUSES FOR DISCIPLINE                                   

ARTICLE XXVI                      LAYOFF/RECALL                                                   

 ARTICLE XXVII                    ABSENCE WITHOUT LEAVE                                 

 ARTICLE XXVIII                   RESIGNATION                                                         

 ARTICLE XXIX                      AUTHORIZED LEAVE                                             

 ARTICLE XXX                       MILITARY/RESERVE                                                      

 ARTICLE XXXI                      ACCESS TO PERSONNEL RECORDS                   

 ARTICLE XXXII                    POLITICAL ACTIVITY                                            

 ARTICLE XXXIII                   GIFTS/GRATUITIES/FAVORS                               

 ARTICLE XXXIV                   ETHICS                                                                   

 ARTICLE XXXV                    FLMA POLICY                                                         

 ARTICLE XXXVI                   SEVERABILITY                                                        

 ARTICLE XXXVII                  CHANGES                                                                 

 ARTICLE XXXVIII                EFFECTIVE DATE                                                 

PERSONNEL POLICY:

 FOREWORD:

 The Nesmith Library is an Equal Opportunity Employer, and shall not discriminate against any applicant or employee for reasons of race, religion, color, sex, age, national origin, marital status, sexual orientation, or physical/mental disability.

ARTICLE I: PURPOSE:

1)     This document establishes the policies, which comprise the Nesmith Library personnel policy, as adopted by the Library Board of Trustees, with the intent of providing a uniform basis for administration of established policies.

ARTICLE II: ADMINISTRATION OF THE PLAN:

1)     It shall be the responsibility of the Library Board of Trustees to establish the policies, which comprise the plan.

2)     The Library Board of Trustees or their designee shall be responsible for the overall administration of the plan. 

3)     The Library Director shall be responsible for adherence to this plan within the Nesmith Library.  The Library Director may adopt rules and regulations not inconsistent with the policies established in this plan.  Library policies shall become effective only upon approval of the Library Board of Trustees or the Board of Selectman where noted in this policy.

4)     The Library Board of Trustees may from time to time amend these policies in accordance with the procedures established in Article XXXVII: Changes.

ARTICLE III: SCOPE:

1)     The  provisions of this plan shall apply to the various classes of library employees as follows:

         A.     All full-time employees of the Library together with those persons             appointed to full-time positions who are currently on probationary status shall be     covered by and shall participate in all parts of this policy.

B.    Part-time employees, together with those persons appointed to fill part-time positions who are on probationary status shall be covered to the same extent as full-time employees, except that such part-time employees shall not be entitled to the benefits of Article XIII (Earned Time), Article XVII (Life Insurance), Article XVIII (Disability Insurance), Article XIX (Health/Dental Insurance), and Article XXI (Retirement Benefits).  In Sections other than those excepted above, reference to "full-time employees" shall include " part-time employees" if the context allows.

 C.    All employees of any type are subject to the provisions of Article V   (Appointments and Probation), Article VII (Medical Physical Examinations), Article VIII (Anniversary Date), Article IX (Wage/Salary Schedule), Article X (Work Hours), Article XI (Overtime), Article XV (Bereavement Leave), Article XVI (Worker's Compensation), Article XXII (Performance Evaluation), Article XXIV (Grievance Procedure), Article XXV (Causes for Discipline), Article XXVI (Layoff/Recall), Article XXVII (Absence Without Leave),  Article XXVIII (Resignation), Article XXIX (Authorized Leave), Article XXXI (Access to Personnel Records), Article XXXIII (Gifts/Gratuities/Favors), and Article XXXIV (Ethics).

         D.    Unless the context indicates to the contrary, where the term "employees"  is used, it will include all categories of employees set forth in Article IV (Employee Definitions) below.

 E.     Notwithstanding any of the above employee classifications, under specific circumstances, an employee(s) may, with prior approval from the Library Board of Trustees, be entitled to receive benefits not allowed by specific provisions of this plan, provided the costs for such benefits are borne by a source other than the library, town or the individual employee(s).

2)     Employee benefits as outlined in this policy shall be made available from the date the employee is hired, except for Health Insurance, Life and Disability Insurance, and Dental Insurance benefits, which shall be made available from the first day of the next month after hire.

3)     The contents of this plan shall not apply in those areas that are found to conflict with Federal or State statutes.

4)     This plan supersedes all previous plans and invalidates all inconsistent provisions of previous Library Board of Trustee's directives, personnel plans or other personnel documents.

 ARTICLE IV: EMPLOYEE DEFINITIONS:

1)     Employees shall be defined as listed below.  When appointed, employees shall be made aware of their status.

A.     “Probationary” - The status an employee is placed in upon appointment and remains in until removed by an official vote of the Library Board of Trustees.

B.    “Full Time” - Employees who have successfully completed a probationary period and who are assigned to a regular workweek of at least thirty-five (35) hours. (Hours increased by the Board of Trustees September 6, 2002) Existing employees currently at thirty (30) hours and receiving full benefits will retain their status. (9/9/04)

 C.    “Part Time” - Employees who have successfully completed a probationary period and are assigned to a regular workweek of less than thirty-five (35) hours.

 D.    “Temporary”  - Employees who are employed for a predetermined length of time.

 2) EMPLOYEE CLASSIFICATION:

     A.     All employees are classified as either exempt or nonexempt employees:

                     1.     Exempt: Salaried management, professional, and administrative employees do not receive overtime pay.  Work in excess of regular workweek is implicit for exempt personnel without additional compensation.

 2.     Nonexempt:  Hourly employees who receive overtime pay for hours worked in excess of forty (40) hours.

     B.    An employee's exempt or nonexempt status is determined by his or her responsibilities, duties, educational qualifications, and salary.  Classification of employees with regard to eligibility for overtime pay is done in accordance with the criteria set forth in the rules and regulations of the Fair Labor Standards Act (FLSA).

3)    RETIREMENT CLASSIFICATION:

     A.   Group I – All eligible library employees are classified by the State Retirement System as Group I.

 ARTICLE V: APPOINTMENTS AND PROBATION:    

1)     The Library Director shall have the right to reject any application for valid medical or mental reasons, for poor work record, making a false statement in application, or any other just reasons of unsuitability for the position applied.

 2)     All appointments shall be made by the Library Board of Trustees and shall be subject to a probationary period of one (1) year.  During the probationary period the employee’s performance shall be subject to close review and at least semi-annual evaluations to determine competence for that position.  The Library Board of Trustees may extend a probationary period.  The Library Board of Trustees may place an  employee in a probationary status, if evaluations show a continuing problem.

 3)     In hiring of new employees to fill positions of Library Director, or other positions involving specialized training and skill, the Library Board of Trustees may, as a hiring incentive, offer to said employee benefits which said employee would not otherwise be entitled without previously having been in the employ of the Nesmith Library for a period of time.  The Board shall specify by vote, which benefits hereunder will be subject to such special treatment, and how long such special benefits shall continue.

 4)     Performance evaluations as specified in Article XXII (Performance Evaluation) shall be done on each individual employee.   Such evaluations shall be considered in such matters as promotions, termination, and salary adjustments.

5)     The probationary period may be waived in cases of movement within the Library or the Town organization, where an employee assumes duties and responsibilities that are substantially similar to a previously held Library or Town position.

 6)     The Library may hire a relative of an employee provided the individual possesses the usual qualifications for employment.  The newly hired employee will not be given work assignments which require one relative to direct, review or process the work of another, or which permit one relative to have access to the personnel records of the other.  If one employee marries another, both may retain their positions if they are not under the direct or indirect supervision of the other, and neither occupies a position which has influence over the other's employment, promotion, salary, administration, and other related management or personnel considerations.

 7)     Once an applicant has been extended an offer of employment, a criminal background check will be conducted and the applicant will be required to undergo a medical physical examination as outlined in Article VII (Medical Physical Examinations).  The applicant will be required to pass both these requirements prior to being formally hired by the Library.  These examinations will be at no cost to the employee.  Additional tests may be required from time to time by the Board.

 ARTICLE VI: POSITION DESCRIPTION:     

1)     A description will be prepared for each position which will generally outline the position's duties and responsibilities and the prerequisite knowledge, skills and abilities. 

2)     All position descriptions shall be retained in the Library Director’s office and shall be available for review.

 ARTICLE VII: MEDICAL PHYSICAL EXAMINATIONS:      

1)      Prior to appointment, the potential employee shall take a medical physical examination, which shall be designed to determine the potential employee's physical suitability for employment for the job position sought. 

2)     Examinations may be required of employees who are transferred, or promoted to positions within the Library's work force.

 3)     Examinations outlined in this article may be administered by professionals or clinics selected by the Library, at no cost to the applicant/employee.

 ARTICLE VIII: ANNIVERSARY DATE:     

1)     The employee's anniversary date is defined as the date of appointment to Library service or the date of appointment to a full time position.  The salary review date is the date the employee is normally eligible for consideration of a salary/wage increase.

 2)     The employee’s salary review date shall be redefined when an employee moves to a new salary/wage scale level.  It shall then become the date of the appointment to the new level.

3)     The employee’s anniversary date shall be redefined when an employee moves from a part time to a full time position.  It shall then become the date of the appointment to the full time position.

 4)     Anniversary dates shall be considered when determining time in service and vacation leave.

 ARTICLE IX: WAGE/SALARY SCHEDULES:

1)     Wage/Salary schedules for employees are available in the Library Director’s office.

2)     Employees may be eligible to advance through the steps of their pay range based on performance and upon the recommendation of the Library Director.  The Library Board of Trustees shall approve step increases based on satisfactory evaluations.

3)     It shall be the responsibility of the Library Board of Trustees with the assistance of the Library Director to determine on a regular basis if the wage/salary schedules are appropriate, and make changes as warranted. 

ARTICLE X: WORK HOURS:     

1)     The Library Director or his/her designee shall be responsible for setting the work hours and schedules for personnel.  The Library Director shall have the authority to change and/or alter the work hours and schedules as deemed necessary for the good of the Library.

 The Library shall utilize the Town of Windham pay period (a weekly pay period consisting of seven (7) days, beginning at 8:00 a.m., Wednesday morning and ending 7:00 a.m. Wednesday morning, one (1) week later).  This section is established under the Town of Windham Personnel Policy WIN 1:00:01:86 and is subject to change by action by the Board of Selectmen.

ARTICLE XI: OVERTIME:     

1)     Overtime pay for Library employees shall be calculated at the rate of time and one half the normal hourly rate of pay, based on a forty (40) hour work week.  Overtime pay as outlined will be paid for any time worked in excess of forty (40) hours per week.

2)     Overtime pay for Library employees who work less than forty (40) hours per week shall be calculated at the regular hourly rate, up to forty (40) hours per week.   Hours worked in excess of forty (40) hours per week will be paid as outlined in section one above. 

3)     Bereavement leave, Earned Time leave and absence while out of work due to a Worker’s Compensation claim shall be considered time worked for the purpose of this section.

 4)     At the discretion of the Library Director, compensatory time may be allowed in lieu of actual pay for overtime, provided however the total accumulation of compensatory time is not more than forty (40) hours at any given time.  Compensatory time will be earned on the same basis as Article XI (Overtime), Sections 1 and 2.

ARTICLE XII: HOLIDAYS:       

1)     There shall be twelve (12) holidays per year, designated as:  

New Year's Day        Independence Day    Thanksgiving Day Eve* 

Martin Luther King/Civil Rights Day   Labor Day   Thanksgiving Day

Presidents’ Day        Columbus Day         Day after Thanksgiving

Memorial Day        Veterans’ Day            Christmas  

 *The Library shall remain open until 12 noon on Thanksgiving Day Eve.  The holiday period will begin after noon.   

2)     Employees who are normally assigned a shift that works during a holiday will receive compensation at the rate of double time the regular hourly rate of pay for time worked during the holiday (maximum of eight (8) hours), in addition to the normal pay for that period.

3)     For the purpose of this section pro-rata compensation shall be the normal hours per week worked divided by five.

4)     The Library Director may allow substitute days off in the form of compensatory time in lieu of holiday pay.

5)     Holiday pay benefits as outlined above shall be computed for the holiday date observed by the Nesmith Library. 

6)     In order for an employee to receive holiday pay benefits as outlined in sub-section 2 above, said employee must work his or her regular scheduled shifts preceding and following a holiday. 

    Article XII amended and approved by the Board of Trustees 01/09/07

ARTICLE XIII: EARNED TIME:

      Earned Time is established under the Town of Windham Personnel Policy WIN 1:00:01:86.   

1)     Earned Time is an alternative approach to the traditional manner of covering absence for vacation; personal leave days, and sick leave.  Instead of dividing benefits into a specific number of days for each benefit, Earned Time puts these days together into a single benefit.   Earned Time days can be used for a variety of purposes, including a payment in cash at the time of voluntary termination.  Earned Time is available as soon as it is "earned".   The exact number of Earned Time days available each year will depend on the years of service to the Town and/or the Library.

2a) COVERAGE:   The Library Director if employed in a position of at least seventy-five (75) percent time is covered by Earned Time.  The accrual rates are as follows: 

 

Years of       Days Accrued   Hrs. Accrued     Hrs. Accrued        

Annual

 Service           Per Hour           Per Hour          Per Year             Days

       

0 thru 5            .0120               .0962                    200                  25

5 thru 10          .0144               .1152                    240                 30

10 thru 19        .0168               .1346                    280                  35

After 19            .0192               .1538                    320                  40

 

Note:  The above table is based on a forty hour per week schedule and is prorated for those employees working less than forty hours per week.  For purposes for calculating individuals actual accruals, the “Hrs Accrued Per Hour” column shall be used as a factor.

 2b) Other employees scheduled for at least 30 hours per week shall receive the following:  

Years of       Days Accrued   Hrs. Accrued     Hrs. Accrued        

Annual

 Service           Per Hour           Per Hour          Per Year              Days

       

0 thru 5            .0096               .0769                    160                  20

5 thru 10          .0120               .0962                    200                 25

10 thru 19        .0144               .1152                    240                  30

After 19             .0168               .1346                    280                  35

 

Note:  The above table is based on a forty hour per week schedule and is prorated for those employees working less than forty hours per week.  For purposes for calculating individuals actual accruals, the “Hrs Accrued Per Hour” column shall be used as a factor.

 Probationary Employees: For purposes of accrual of Earned Time, covered probationary employees shall accrue Earned Time on a prorated basis using per hour accrual rates. 

3)     For purposes of this policy, years of service will be calculated in a manner identical to that used for purposes of Seniority.   Employees accumulate Earned Time based on regularly scheduled hours worked or in pay status up to those hours budgeted for the position (other non-status hours worked and supplemental compensation such as overtime are excluded) and on years of service to the Town and/or the Library.

4)     Termination and Restoration of Service Credit: An employee whose break in service from the Library is less than one (1) year will have his/her service bridged for purposes of computing Earned Time accrual.  For breaks of more than one (1), year an individual will earn one (1) year's credit for each year of employment after return, until the total past credit is accrued. After five  (5) years of employment following return to work, credit for all previous service will be given.

 5)     USAGE:

A.     Earned days may be used any time after being earned, including during an employee’s probationary period.  It is expected that the employee and his/her supervisor, prior to the date of absence, will mutually agree upon all planned absences.

B.    Earned days may be used in units of one-half or more hours.

         C.    Minimum Usage: There is a minimum usage of Earned Days required each year.  See schedule to follow: 

    Years of                           Minimum Usage

                                  Service                                Per Year*

                  

0 thru    5 years                        10 days

5 thru 10 years                         12 days

                  10 thru 19 years                        15 days

                      After 19 years                        17 days 

*Computation of minimum usage will be calculated from January 1 to December 31 annually.  In calendar years where an employee’s rate of accrual changes, the minimum usage for that calendar year will equal one-half of the hours accrued in that year.  The Library and/or the Town on or before November 1 of each year will notify in writing each employee of the remaining amount of Earned Time that must be used by December 31 pursuant to the minimum usage in Article XIII (Earned Time); section 5 (c).

If the Library or the Town delays this notification until after November 1, the deadline for the minimum usage will be delayed beyond December 31 by the equivalent number of days.

 D.    Earned days may be taken to cover absence for any reason, including illness, vacation, funeral, dentist or doctor visits, as long as the total number of days taken meets or exceeds the minimum required usage as indicated.

E.     Days converted into the Sick Leave Pool do not count towards minimum usage.

F..     Earned Time benefits accrue only during the initial three (3) weeks  (15 working days) of Sick Leave Pool usage.  Each separate use of the Sick Leave Pool, however, provides for the continuing earning ability.

 6)     SICK LEAVE POOL: The Sick Leave Pool is intended to provide security by allowing employees to "buy" insurance for extended illness, or other disability.  When "buying" Pool days, employees convert Earned Days on a 1 to 3 basis.  Similar to purchasing insurance, the employee may pick a given number of days to exchange in case of extended disability. 

A.     Pool days are available for use only under the conditions listed below, and are not eligible for use at retirement or termination. 

1.     Use of Pool days may begin on the sixth consecutive workday absence due to illness, injury, or other disability. 

2.     Physician’s report must accompany the request to use Pool days. 

3.     It is not necessary to use up all Earned Days before using Pool Days. 

4.     The employee may continue using Pool days until his/her Pool is exhausted, or until no longer disabled. 

5.     Periodic doctor's reports may be required. 

6.     The maximum Pool day accrual is 150 days (i.e., the maximum conversion of Earned days is 50, which would convert to 150 Pool days).  If Pool days are used, or if an employee wishes to add to his/her Pool days, more Earned days may be added each July (to a total of 150).  Earned Time days may not be converted to Pool days at any other time. 

7)     TERMINATION:  Earned Time up to a maximum of one hundred (100) days will be paid at the time of termination or retirement if the termination occurs under normal circumstances and does not involve an act which demonstrates unfitness for continued employment in the Library such as theft or immoral conduct.  For those employees who have over one hundred (100) days as of January 28, 1998, their maximum days paid out shall be up to the amount they have as of January 28, 1998.  However, since a notice period of two (2) weeks is considered to be appropriate and normal for any employee termination, in cases where such notice is not given, a pro-rated payment for Earned Time accrual, based on the notice given, will be made.  The Library Board of Trustees may grant exceptions to such notice requirements.  Employees may leave Earned Time earnings intact, pending recall, if the nature of their absence from employment is lay-off.  

A.     Earned Time is paid at the same base pay rate at time of termination.

 8)     Earned Time will be scheduled at the convenience of the Library.  A seniority list will be maintained and used by the Library Director for the purpose of scheduling Earned Time. 

9)     At no time shall there be more than twenty-five (25) percent of the personnel of the Library on Earned Time leave at the same time, unless the Library Director has granted express permission. 

10) If, in the opinion of the Library Director, an emergency exists, or is believed to be imminent, the Library Director shall have the authority to cancel Earned Time leaves and/or call personnel back from Earned Time leave should such action be deemed necessary to control said emergency.

 

ARTICLE XIV: MATERNITY LEAVE:

 Maternity Leave is established under the Town of Windham Personnel Policy WIN 1:00:01:86.

     

1)     Employees shall notify the Library Director upon learning of a pregnancy.  Employees shall be permitted to continue working with the written permission of the attending physician.  

2)     Employees out on maternity leave shall be entitled to use accrued Earned Time and vacation time as needed.  Unemployment and disability benefits may also be made available. 

3)     Employees out on maternity leave shall be permitted to return to work upon written permission from the attending physician.  

4)     Employees shall be entitled to the benefits of the Town's FMLA policy (see town policy #WIN 1:00:02:97).   

5)     In special cases, the Library Board of Trustees may extend the provisions of this section if it is deemed in the best interest of the Library and of the employee.

 

ARTICLE XV: BEREAVEMENT LEAVE:         

Bereavement Leave is established under the Town of Windham Personnel Policy WIN 1:00:01:86. 

1)     In case of a death in an employee's immediate family, an eligible employee may be granted leave of absence with pay for the work days falling between the time of death and the day of the funeral, not to exceed three (3) days.  In special cases, the Library Director may grant additional leave of absence if it is deemed to be in the best interest of the employee and the Library. 

2)     "Immediate Family" is defined as the spouse, child, step-child, foster child, brother, sister, parent, grandparent, grandparent-in-law, grandchild, parent-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, or any relative residing in the same household as the employee.   

3)     The Library Director may, at his/her discretion, grant up to three (3) days leave in special circumstances (e.g. death of a stepparent who served as parent in locas). 

ARTICLE XVI: WORKER'S COMPENSATION:  

Worker’s Compensation is established under the Town of Windham Personnel Policy WIN 1:00:01:86. 

1)     The Town of Windham shall purchase and pay the premiums for New Hampshire Workman's Compensation, the benefits of which will be available to all employees, regardless of their classification. 

2)     Employees must report all injuries received while on duty to the Library Director or immediate supervisor as soon as possible after an occurrence and be responsible for filing form 8WC which can be obtained from the Library Director. 

3)     The Library, Town and/or its Worker’s Compensation carrier, retains the right to request updated medical information during the disability.  If a medical exam is requested, the Library, Town or carrier shall use a qualified doctor. 

4)     A Worker’s Compensation claim which results in lost time must be supported by a doctor’s statement outlining the nature of the disability and if possible the length of the disability. 

5)     Employee utilizing Worker’s Compensation Benefits shall advise the Library Director immediately upon receiving a medical clearance to return to work in a light duty capacity.

6)     Prior to returning to work, the employee shall provide a doctor’s statement clearing the employee’s return to his/her duties. 

7)     An employee out on Worker's Compensation from the Town of Windham or Nesmith Library may not perform work for another employer. 

8)     In the event that an employee fails to sign over to the Library and/or Town any Worker’s Compensation check(s) due to the Library and/or Town under this Article, the Library and/or Town shall have no further obligation to pay the employee hereunder, unless and until the employee fulfills his/her obligation by signing over said checks to the Library and/or Town. 

9)     While on Worker’s Compensation leave, employees shall continue to accumulate seniority and will remain eligible for full benefits, up to a maximum of fifty-two (52) weeks. 

10) All employees who are injured or incur a job related illness while in the performance of their duties shall receive 100% of his/her normal base pay (normal budgeted pay less normal deductions, not including overtime) while on injury leave.  

11) The first several weeks are adjustment weeks when the employee is awaiting the decision of the Worker’s Compensation carrier and the receipt of worker’s compensation payments.  During the initial period, the Library and/or Town will continue to issue the employee a check for his/her normal base pay, less all normal deductions. 

12) All Worker’s Compensation benefits received retroactively by an employee for a period during which the Library and/or Town was providing normal base pay in accordance with this Article will be assigned by the employee (“sign over” the checks) to the Library and/or Town to reimburse them in part for their advancing of such benefits. No employee shall thus earn more on Workers’ Compensation than they would have, had they been working. 

13) Upon acceptance by Worker’s Compensation and receipt of benefit payments, the Library and/or Town will reimburse the employee for all Medicare, Social Security (if applicable), and retirement deductions taken as part of the Worker’s Compensation share of the initial payments made by the Library and/or Town. 

14) In the event that the Worker’s Compensation check received by the employee is less than 100% of normal base pay, the Library and/or Town will issue a separate check for the difference making deductions for F.I.T., Retirement, FICA and voluntary deductions as approved by the employee, and the employee shall keep the entire Worker’s Compensation check. 

15) In the event that Worker’s Compensation check is greater than 100% of normal base pay, the employee shall keep the entire check, and the Library and/or Town will make no supplemental payment. 

16) If an employee is denied benefits he/she must repay the Library and/or Town for all compensation received from the Library and/or Town.  Repayment will be accomplished by charging Earned Time accumulations, both current and future, until the overpayment has been rectified, provided, however, that any repayment of sums due from accrued Earned Time will not be reduced below the level where the employee cannot take at least one week of Earned Time leave each year. 

17) Employees out on Worker’s Compensation will remain responsible for payment of all their weekly health insurance co-payment, health spending, and dependent care deduction amounts. If an employee is not receiving any supplemental payment from the Town (with or without the use of Earned Time or Pool Time), they shall make arrangements with the payroll department to pay these deductions through the use of cash or checks payable to the Town’s health insurance third party administrator and the Town of Windham Expendable Health Trust.  

ARTICLE XVII: LIFE INSURANCE: 

Life Insurance is established under the Town of Windham Personnel Policy WIN 1:00:01:86. 

1)     The Town of Windham shall select a carrier to provide life insurance for its employees.  The Town shall pay the entire cost of the premium for such coverage.  Coverage shall be in an amount not less than one (1) year's salary.  With the current policy, coverage decreases by one-half (1/2) at age 70 and discontinues by age 75.   

2)     A copy of the life insurance policy shall be provided to each qualified and covered employee. 

ARTICLE XVIII: DISABILITY INSURANCE:       

Disability Insurance is established under the Town of Windham Personnel Policy WIN 1:00:01:86. 

1)     The Town of Windham shall select a carrier to provide long term disability insurance for its employees.  The Town shall pay the entire cost of the premium for such coverage. 

2)     A copy of the insurance policy shall be provided to each qualified and covered employee. 

3)     Earned Time benefits including, when appropriate, Sick Leave Pool days, may be used to supplement disability benefits, however an employee may not receive a combined payment which exceeds one hundred percent (100%) of his/her base salary during a period of disability. 

ARTICLE XIX: HEALTH / MEDICAL INSURANCE* 

Health/Medical Insurance is established under the Town of Windham Personnel Policy WIN 1:00:01:86. 

1)                 The Town of Windham shall select a carrier to provide health / medical insurance coverage for its employees.  The Town shall pay the cost of the monthly premium for single, two (2) person or family coverage, except that each employee in the unit will contribute the equivalent of 10% of the current NHMA Blue Cross / Blue Shield JY rates as they may change from year to year.  Such contributions will be made through payroll deductions. 

A.                 The health / medical insurance coverage is Plan Comp 1000 MC PD as provided by the New Hampshire Municipal Association (NHMA).  The Town will assume the responsibility for and pay both the deductible of $1000 and co-insurance (80%-20%) costs associated with the plan.  In the event the Town opts to implement a plan with a higher deductible, the Town will continue to assume responsibility for both the higher deductible and co-insurance (80%-20%) costs associated with the plan. 

B.                Health / medical insurance coverage shall be extended for employees entitled to retirement benefits upon termination of employment with the Town.  Said coverage shall be provided at the Town’s expense as follows: 

10 – 15 years of employment     -        3 months

15 – 20 years of employment     -        6 months

20 – 25 years of employment     -        9 months

Over 25 years of employment    -        12 months 

C.                The Town assumes responsibility for the costs of deductible and coinsurance amounts during the employee’s full-time employment and through any applicable period covered by Section B above, but will stop upon the employee’s retirement or expiration of the applicable period.  At the time of retirement or expiration of the applicable period, the employees will be eligible to purchase the current plan offered by the Town, but the Town will not cover the deductible or coinsurance costs. 

D.                The Town will contract with a third party to administer the plan.  The employee will be responsible for submitting the Blue Cross Explanation of Benefits Forms (EOB’s) to the third party who in turn will submit a check to the employee to cover the expenses under the deductible and co-insurance portion of the plan.  The employee in turn will either pay the provider or keep the money as a reimbursement for expenses paid up front to the provider by the employee at the time of service. 

E.                 Employees who would otherwise be eligible for Town health / medical coverage who elect health insurance coverage under their spouse’s plan, or another comparable insurance plan will be eligible for compensation in lieu of the Town’s health insurance plan.  Eligible employees will be compensated seventy-five dollars ($75) per month for waiver of the benefit. 

a.                 To be eligible for this benefit employees must meet the following criteria: 

I.                   Have and show proof of their coverage in a comparable plan. 

II.                 Initially, attend informational seminar to explain the effect of this waiver. 

III.              Sign a “waiver of insurance” for discontinuing health insurance coverage with the Town. 

2)                 Employees may remain on the Town’s plan upon separation from Town or Library service in accordance with provisions of State law in effect at the time of termination.  The employee shall be responsible for payment of the premium to the Town of Windham for coverage elected. 

3)                 A copy of the insurance policy will be provided to each qualified and covered employee. 

4)                 Medicare benefits shall be provided for all employees hired after April l, 1986.  Payments shall be contributed by both employer and employee in matching amounts. 

5)                 The Town of Windham will purchase and maintain a dental insurance policy for its employees and their qualified dependents, the cost for the same to be borne by the Town. 

*Article XIX amended by the Board of Selectmen March 25, 2002

 Approved by the Board of Trustees September 6, 2002 

ARTICLE XX: STAFF DEVELOPMENT / ACADEMIC REIMBURSEMENT** 

Professional Development: 

1)                 Subject to budget restrictions, employees may request reimbursement for the cost of tuition for job-related course(s) or workshop(s) taken at their own initiative. 

2)                 Employees must make the request prior to registering for the course or workshop.  The request shall be submitted to the Library Director outlining the institution offering the course or workshop, the course or workshop content, cost, and benefit to the employee and the Library. 

3)                 The Library Director shall review the request for final approval. 

In order to receive reimbursement, the employee must submit documentation of achieving a passing grade of  “C” or better, if a course was taken, and a receipt for the cost of the course or workshop. 

Continuing Education or Meetings: 

1)                 Employees may be allowed to be absent from duty for the purpose of attending library-related workshops, seminars, library education modules, or professional meetings.  Subject to the advance approval of the Director or the Assistant Director, attendance may be authorized in accordance with scheduling needs and budget.  Leave may be granted with pay for the regularly scheduled work hours for that day. 

2)                 Budget funds permitting, the Board may authorize actual travel expenses at a mileage rate to conform to the Town of Windham’s mileage allowances. 

3)                 Registration or tuition for attendance at library-related workshops, seminars, library education modules, or professional meetings may be reimbursed in full, or partially within budgetary limitations.  Employees and trustees may be asked to seek further assistance in the form of scholarship money (if available). 

4)                 Within one month after the event the employee or trustee will give a brief oral report at a staff meeting or a board meeting respectively, or the employee or trustee may prepare a brief written report to the director or board chair respectively. 

Professional Associations: 

1)                 The Library recognizes the value of library professional associations and encourages employees and trustees to participate in them, especially the New Hampshire Library Association, the New Hampshire Library Trustee Association, the New England Library Association, and the American Library Association.  Attendance at their conferences is to be encouraged.  Within reason and subject to the scheduling needs of the library, the Director or the Assistant Director may permit attendance on library time.  Leave may be granted with pay for the regularly scheduled work hours for that day. 

2)                 Volunteer work as an officer or committee member on behalf of a professional association is encouraged, but it is secondary to the employee’s responsibilities to this library.  Employees nominated or appointed to position, which would require significant time away from the library, should discuss the matter with the Director (or the Board of Trustees) in advance.  Leave may be granted with pay for the regularly scheduled work hours for that day. 

3)                 Budget funds permitting, the Board may authorize actual travel expenses at a mileage rate to conform to the Town of Windham’s mileage allowances. 

4)                 The Library will further support membership by paying for basic dues in the Merri-Hill-Rock Library Cooperative, New Hampshire Library Association, the New Hampshire Library Trustees Association, the New England Library Association, and the American Library Association.  Section or division dues are the responsibility of the employee or trustee. 

a.                 MHR:  annual institutional membership

b.                  NHLA:  all “Full Time” and “Part Time” library employees and library trustees

c.                  NHLTA:  all library trustees and the director

d.                 NELA:  director, assistant director, and department heads

e.                 ALA:  director and assistant director 

5)                 Registration and within reason other expenses for attendance at professional conventions and/or conferences may be reimbursed in full, or partially within budgetary limitations.  Employees and trustees may be asked to seek further assistance in the form of scholarship money, or pay out of pocket. 

Tuition Reimbursement: 

1)                 Subject to budget restrictions, full-time employees may request reimbursement for the cost of tuition for an undergraduate or graduate-level library and information science and/or studies course taken at their own initiative. 

2)                 Full-time employees must make the request prior to registering for an undergraduate or graduate-level library course and/or, enrolling in an ALA-accredited graduate library program.  The request shall be submitted to the Director outlining the institution offering the library course and/or program, the content, cost, and benefit to the employee and the Library. 

3)                 The Director shall review the request before presenting it to the Library Board of Trustees for approval. 

4)                 Approval will be considered on the basis of relevancy of the under-graduate or graduate-level library course, and/or the accreditation status of the graduate library program, the number of employees applying, and the availability of funds. 

5)                 If the course(s) is/are paid for in whole or in part through a Federal or State program, scholarship, or other means, the Library shall not be responsible to reimburse an employee for the amount so received.  It is the intent of this provision to eliminate double payment. 

6)                 In addition, the Library will not grant leave with pay, or pay for mileage and/or telecommunications charges for Internet access. 

7)                 In order to receive reimbursement the employee must submit documentation of achieving a passing grade of “B” or better, if a course was taken, and a receipt for the cost of the course.  The Library will pay 50% of the tuition fee for undergraduate or graduate-level library courses at the discretion of the Library Director in consultation with the Board of Trustees.  (Amended April 8, 2003) 

8)        As part of the tuition reimbursement application form, he/she agrees to repayment of the tuition if he/she leaves the Nesmith Library before 18 months from payment of the reimbursement. In this situation, Nesmith Library reserves the right to withhold tuition reimbursement repayment from than employee's last paycheck(s).    (Approved by the Board of Trustees February 14, 2006)

9)                 This policy is not applicable to “Part Time,” “Probationary” or “Temporary” employees.  

** New Article XX prepared by the Personnel Committee

   Approved by the Board of Trustees September 6, 2002 

ARTICLE XXI: RETIREMENT: 

1)     The Town shall maintain membership for those library employees who qualify for New Hampshire Group I Retirement benefits, and make appropriate contributions as required by the State.  

2)     A supplemental retirement benefit through an independent source such as Diversified Investors shall be maintained in amounts established by the Board of Selectmen with input from the affected participants.  This section is established under the Town of Windham Personnel Policy WIN 1:00:01:86 and is subject to change by action by the Board of Selectmen. 

ARTICLE XXII: PERFORMANCE EVALUATION:       

1)     All employees shall be evaluated at least once annually.  The purpose of the evaluation is to monitor the employee’s performance and to provide a record of the employee’s strengths and weaknesses. 

A.     The performance review system is designed to:  

1.     Maintain or improve each employee's job satisfaction and morale by letting him/her know that his/her supervisor is interested in his/her job progress and personal development. 

2.     Assist in determining and recording special talents, skills and capabilities that might otherwise not be noticed or recognized. 

3.     Provide an opportunity for each employee to discuss job problems and interests with his/her supervisor. 

4.     Serve as a systematic guide for supervisors in planning each employee's further training. 

5.     Assure considered opinion of an employee's performance. 

6.     Assist in planning personnel moves and placements that will best use each employee's capabilities. 

7.     Assemble substantiating data for use as a guide, although not necessarily the sole governing factor, for such purposes as wage adjustments, promotions, disciplinary actions, and reassignments. 

8.     Facilitate the establishment of future goals and objectives for the employee. 

B.    Probationary employees shall be evaluated at a minimum, by the end of six months and by the end of eleven months during the one-year probationary period.  The Library Director shall notify the Library Board of Trustees at least one (1) month prior to the expiration of the probationary period, to either a) extend the probationary period; b) terminate the individual's employment; or c) continue as a employee of the Library.  The Library Director shall provide written reasons and documentation for the recommendation to the Board. 

Should a probationary period be extended for 30 days, the Library Director shall notify the Library Board of Trustees at least 7 days prior to the expiration of the extension, of his/her recommendation for continuation as a employee or termination of employment. 

Should a probationary period be extended for more than 30 days, the Library Director will conduct an evaluation at 30 day intervals and shall notify the Library Board of Trustees at least 7 days prior to the expiration of the extension, of his/her recommendation for continuation as an employee, or termination. 

Commencing with the employee's anniversary date, performance evaluations shall be conducted at least annually. 

2)     The Library Director or his/her designee shall complete evaluations.  The Library Board of Trustees shall evaluate the Library Director.                    

 3)     Employees shall have the opportunity to review and comment on their evaluation.   If an employee feels that the evaluation is not accurate, the employee must so indicate on the evaluation form.  The review process may proceed up the supervisory chain until either the employee is satisfied or until reviewed by the Library Board of Trustees or its designee.  The decision of the Board is final and without administrative recourse. 

4)     In cases where evaluations are the basis for step increases, they shall be completed preceding the employee's anniversary date.                                   

5)     If an employee receives an unsatisfactory evaluation, he/she shall be reevaluated within six  (6) months.   A subsequent unsatisfactory evaluation shall be cause for disciplinary action. 

6)     The Library Board of Trustees has the sole authority to grant step increases. 

7)     Step increases will be effective on the employee’s anniversary date or retroactive to the anniversary date as appropriate.                                                                                      

 ARTICLE XXIII: REIMBURSEMENT OF EXPENSES: 

Reimbursement of Expenses is established under the Town of Windham Personnel Policy WIN 1:00:01:86.     

Reimbursement for lodging, travel, and meal expenses shall be allowed providing the expenses are reasonable and in accordance with the following: 

1)     LODGING:  Receipts must be presented to verify rates, duration of stay, and other charges.  Double occupancy accommodations must be used whenever appropriate. 

2)     TRAVEL:   Round trip travel by car will be compensated at the allowed federal IRS rate.   The Library Board of Trustees will consider requests for airfare for trips greater than 200 miles.  Means of travel must be accomplished by the least expensive mode, unless otherwise authorized by the Board. 

3)     MEALS:   Any employee required to attend a seminar or conference and needs overnight lodging will be entitled to reimbursement for the  following  expenses  provided they are not included  in  the registration fees: 

A.     Breakfast                   $5.00

B.    Lunch                 7.00

C.    Dinner             15.00

D.    Per Diem          27.00 

Request for Reimbursement Procedure: 

A.     Request must be made on a "Request for Check” form, and accompanied by all receipts. 

B.    Reimbursement request shall be reviewed and approved by the Library Director.

ARTICLE XXIV: GRIEVANCE PROCEDURES:       

1)     DEFINITION - A grievance under this personnel code is defined as an alleged violation of any provision of this personnel code, including alleged violations of state and/or federal laws dealing with employment, wages, hours or working conditions. 

2)     STEP 1  - Any employee who deems him/herself aggrieved shall, within five (5) working days of the occurrence or within five (5) working days of when the employee should have reasonably known of the occurrence, bring such grievance to the attention of the Library Director. In all instances the employee must specifically cite in writing the alleged violation of a section of these rules or policies.  The Library Director shall have a meeting with the aggrieved employee and shall render a written decision within ten (10) working days of the submission of the grievance.   

3)     STEP 2  - If the employee is not satisfied with the decision of the Library Director, the employee may, within five (5) working days from such decision, submit the matter in writing to the Library Board of Trustees.  The Library Board of Trustees within twenty (20) working days following receipt of the appeal, shall issue a written decision or schedule a hearing within thirty (30) working days following the original receipt of the appeal.  The Library Board of Trustees’ decision shall be rendered within five (5) working days after the hearing and shall be considered final. 

4)     Hearings  before  the  Library Board of Trustees or its designee(s) shall use the following procedures to insure due process to all parties: 

A.     The hearings must be at a meaningful time and held in a meaningful manner. 

B.    The party requesting the hearing must have timely notice and adequate notice detailing the reasons for the action taken against him/her. 

C.    The party requesting the hearing must be afforded the opportunity to defend himself/herself by confronting witnesses and by presenting his or her own evidence and not with just written submissions. 

D.    The party requesting the hearing has no right to legal counsel, although one could be allowed at the Library Board of Trustees’ discretion. 

E.     The Library Board of Trustees’ decision must rest solely on legal rules and evidence presented at the hearing. 

F.     The Library Board of Trustees’ decision must state the reason for the determination and indicate what evidence they ruled on. 

G.    Members of the Library Board of Trustees should not have participated in making the administrative determination being reviewed. 

H.    The foregoing time limits may be extended by mutual agreement of all parties. 

I.       Failure of the aggrieved to abide by the time limits set out in this article shall result in the grievance being deemed abandoned. 

ARTICLE XXV: CAUSES FOR DISCIPLINE:       

1)     Some causes for disciplinary action are listed in the following sub-sections, although discipline may be initiated for any other reasonable cause.  

A.     The employee has been convicted of a felony, or of a misdemeanor involving moral turpitude. 

B.    The employee has violated any lawful official regulation or order, or failed to obey any proper direction made and given by a superior. 

C.    The employee has been guilty of any conduct unbecoming an officer or employee of the Library or Town, either on or off duty. 

D.    The employee has been under the influence of intoxicants or non-prescribed drugs while on duty. 

E.     The employee is offensive in his conduct or language in public, or towards the public, Library officials, Town officials, or employees. 

F.     The employee is incompetent or inefficient in the performance of the duties of his/her position. 

G.    The employee is careless or negligent with moneys or other properties of the Library or Town. 

H.    The employee has failed to pay or make reasonable provisions for the future payment of his debts to such an extent that such failure shall be detrimental or disruptive to Library or Town service. 

I.       The employee has induced, or has attempted to induce an officer or an employee in the service of the Library or Town, or other person to commit an unlawful act or to act in violation of any lawful departmental or official regulation or order. 

J.     Except as provided in Article XXXIII (Gifts/Gratuities/Favors), the employee has taken, for personal use, from any person, any fee, gift, or other valuable item in the course of the employee’s work or in connection with it, when such gift or valuable item is given in the hope of, or expectation of, receiving a favor or better treatment than that accorded other persons.  

K.    The employee has violated a provision of the Windham Code of Ethics and Standards of Conduct.  

L.     The employee has violated the Town of Windham Safety Policy {#WIN 1:00:13:98). 

Note:  At the request of an employee, the Library Board of Trustees may issue an advisory opinion regarding the nature of an act.  Such opinions shall not be a ratification of the employee's conduct by the Board.  The opinion shall be merely to describe the Board’s inclination given specific facts and circumstances or hypothetical facts and circumstances.   

2)     VERBAL WARNINGS: The immediate supervisor or Library Director shall issue a verbal warning within five (5) days of knowledge of the infraction.  The supervisor or Library Director shall notify the employee of the nature of the infraction and will offer remedial suggestions. 

3)     WRITTEN REPRIMANDS: The Library Director shall issue a written reprimand, when appropriate, within ten (10) days of knowledge of the infraction.  The reprimand will outline the nature of the infraction and will offer remedial suggestions.  A copy of the reprimand will be placed in the employee’s personnel file and shall be expunged per the employee’s request, in the event that the infraction or like infraction is not repeated within two (2) years of the reprimand.  An unexpunged written reprimand in the employee's personnel file may be grounds for denial of a promotion, or step increases. 

4)     SUSPENSION: The temporary employment separation of an employee for repeated inappropriate action or inappropriate action sufficiently severe to warrant immediate separation from employment, but not so severe as to warrant discharge. 

The Library Director may suspend an employee with or without pay for disciplinary reasons, or cause, for a period not to exceed three  (3) working days. The Library Director shall give the affected employee a written reason for the suspension, with a copy to the Library Board of Trustees, said action being taken within fifteen (15) days of knowledge of the infraction.  The affected employee shall have ten (10) days in which to appeal the suspension to the Library Board of Trustees.   Such appeal shall be in writing, directed to the Chairperson of the Library Board of Trustees, with a copy to the Library Director.  The Board or its designee(s) shall call for a meeting with the appellant within ten  (10) working days. The Board shall render a decision within five (5) working days, which shall be considered final. 

In actions involving the Library Director, days of suspension must be addressed and imposed by the Library Board of Trustees. 

5)     DEMOTION:  The reassignment to a lower job classification.   A demotion may be imposed when an employee exhibits unsatisfactory performance of duties as prescribed by the position they currently hold.   A demotion is considered provided: 1.   The level or degree or unsatisfactory performance does not warrant dismissal, and 2.   The employee shows evidence of ability to perform work in a lower job classification. 

A.     Employees may be demoted to a lower classification upon the recommendation of the Library Director and approval of the Library Board of Trustees. 

B.    Reasons for demotion shall include the request of the employee, Library staffing needs, performance of the employee, and the result of discipline in conjunction with established disciplinary procedures. 

C.    Upon the request of the employee the Library Board of Trustees or its designee(s) will meet with the employee and the Library Director within five (5) working days of the receipt of the request and will render a decision within ten (10) working days after the meeting which shall be considered final. 

6)     TERMINATION:  The Library Director shall recommend to the Library Board of Trustees that the employee be terminated.  The recommendation shall be made in writing, with a copy forwarded to the employee, within twenty  (20) days of knowledge of the infraction(s).  Upon the request of the employee the Library Board of Trustees or its designee(s) will meet with the employee and the Library Director within five (5) working days of the receipt of the request and will render a decision within ten (10) working days after the meeting which shall be considered final. 

7)     EXCEPTIONS:  The time frames outlined in the disciplinary procedures listed above may be extended in cases where additional time is needed to adequately investigate the infraction.  The employee shall be notified of the extended time frames. 

8)     The level of discipline recommended shall be commensurate with the alleged infraction.  This is not to be construed as limiting discipline as a result of continued infractions that have been handled at a lesser disciplinary level. 

ARTICLE XXVI: LAYOFF/RECALL:       

1)     When it is necessary to reduce the work force, layoffs will be made within the Library on the basis of classification and seniority. 

2)     In the event that a recall is necessary, employees shall be recalled in the reverse order of the layoff process outlined in section one above.   Said recall procedure will be used only within twelve (12) months of the original layoff. 

3)     In the event an employee is recalled to a full-time position within the twelve  (12) month time period, seniority shall be restored and the time off shall be considered time in service.  Any benefits paid at the time of layoff shall not be paid again. The employee shall be placed at the step in the appropriate salary range closest to his salary at the time of the layoff. 

ARTICLE XXVII: ABSENCE WITHOUT LEAVE:       

Any absence of an employee from duty, including any absence for a single day, or part of any day, that is not authorized by a specific grant or leave of absence under the provisions of this manual, will be deemed to be an absence without leave.  Any such absence shall be without pay and may be subject to disciplinary action.  In the absence of such disciplinary action, any employee who absents himself for three (3) consecutive days without leave shall be deemed to have resigned.  Such action may be reconciled by a subsequent grant of leave if the conditions warrant. 

ARTICLE XXVIII: RESIGNATION:       

Whenever possible, employees shall give ample notice of intent to resign or retire to allow the placement and training of a replacement.

ARTICLE XXIX: AUTHORIZED LEAVE:       

1)     Employees may, with the approval of the Library Board of Trustees, be granted a leave of absence without pay.  The granting of such leave shall protect the employee's existing continuous service for the leave period.  A leave of absence will not be granted to permit employment elsewhere.  Authorized leaves of absence with protected seniority shall not be permitted for periods in excess of thirty (30) days, except in unusual and deserving cases. 

2)     Authorized leave shall not be granted until all the employee’s Earned Time has been exhausted, and, if leave without pay is granted on account of sickness, until all of their pool time has also been exhausted.  No Earned Time may be accumulated during a leave of absence without pay.  

3)     An employee shall be given time off without loss of pay or annual benefit accruals when performing jury duty.  If called to jury duty, the employee shall be paid their regular pay and shall sign over to the town any compensation received for their jury service, exclusive of mileage. 

4)     Employee benefits such as health insurance and retirement may be continued at the expense of the employee for the period(s) specified by these rules and/or federal or state law.  Employees shall not be entitled to any other benefits while on a leave without pay. 

5)     An employee who accepts full-time employment from another employer while on leave without pay shall be deemed to have voluntarily severed the employer/employee relationship with the Library. 

ARTICLE XXX: MILITARY/RESERVE:   

Military/Reserve Leave Policy is established under the Town of Windham Personnel Policy WIN 1:00:01:86. 

Full-time employees who are members of the organized United States military reserve or guard and who are required to perform field duty will be granted reserve service leave in addition to Earned Time, as may be required by the appropriate military command.  The employee shall provide appropriate documentation. 

For each such period of reserve service, the employee will be paid the difference between service pay and the employee's regular compensation, for up to a maximum of 10 work days per calendar year.  The Library Board of Trustees may extend the maximum number of days if deemed to be in the best interest of the Library and the employee. 

ARTICLE XXXI: ACCESS TO PERSONNEL RECORDS:  

In conformity with NH RSA 275:56, employees shall have a reasonable opportunity to inspect their personnel files and, upon request, to obtain a copy of all or part of the file.  The Employer reserves the right to charge a reasonable fee for the costs associated for all copies made at the employee's request. 

If an employee disagrees with any information in the personnel file and the Library refuses to remove or correct such information, the employee may submit a written statement to the Library Director explaining the disagreement together with evidence supporting the employee's version.   Such statement shall be maintained as part of the employee's personnel file and shall be included in any transmittal to a third party and shall be included in any disclosure of the contested information made to a third party. 

ARTICLE XXXII: POLITICAL ACTIVITY:  

Nothing in these rules is to be construed to prevent any employee from seeking out or continuing to be a member of a political organization or from attendance at a political meeting, or having freedom from interference in casting his/her vote. 

However, no employee of the Library or the Town shall be required to take an active part in, or make a contribution or donation to any Town of Windham political campaign, or serve as a member of a committee of such club or organization, or act as a worker at the polls for a candidate for Town of Windham municipal office, or distribute badges or pamphlets, or handbills of any kind favoring or opposing any candidate for election or nomination to municipal office. 

Employees, acting in the employee capacity, who participate in a Town political campaign or organization shall not use any Town facilities, equipment, funds or position to further the participation or activity.

ARTICLE XXXIII: GIFTS/GRATUITIES/FAVORS:  

1)     Employees and contract personnel of the Library and/or the Town are prohibited from accepting, soliciting or taking any gratuity, favor or entertainment, loan, property (personal or real), or any other item of monetary value from any person whose interest may be affected by the employee's or contractor's performance or non-performance of duties, except as allowed in Section 2 below. 

2)     Acceptance of gifts of negligible commercial and/or monetary value in keeping with special occasions (marriage, retirement, etc.) and generally available to the general public and other agency employees is permitted. 

3)     Failure to comply with the provisions of this policy or to report information regarding the possible violation of this policy shall be grounds for immediate disciplinary action, in the case of employees, and review of contract continuation in the case of contractors, and may result in immediate termination of the employee or contractor. 

ARTICLE XXXIV: ETHICS:   

The Town Ethics Policy is established under the Town of Windham Policy WIN 1:00:03:97. 

Refer to Town of Windham Code of Ethics Policy, #WIN 1:00:03:97. 

ARTICLE XXXV: FLMA POLICY:   

The Town FLMA Policy is established under the Town of Windham Policy WIN 1:00:02:97. 

Refer to Town of Windham Family and Medical Leave Policy, #WIN 1:00:02:97.

 

ARTICLE XXXVI: SEVERABILITY:  

In the event any article or section of an article of this personnel policy is declared to be illegal, void, or invalid in whole or in part by a Court of competent jurisdiction after all appeals, if any, have been exhausted, all other articles and sections of the personnel policy shall remain in full force and effect to the same extent as if that invalidated article or section had never been incorporated in this personnel policy. 

ARTICLE XXXVII: CHANGES:        

The Board’s Personnel Committee and the Library Director shall review these personnel policies at least annually and make any recommendations to the Library Board of Trustees.  The Library Director shall inform employees that changes in personnel policy have been proposed. 

Any employee may suggest changes in the personnel policy or comment on the proposed changes.  These comments must be in writing to the Library Board of Trustees.    The Board shall vote on the proposal(s) at a regularly scheduled meeting of the Library Board of Trustees.  Any changes adopted by the Board shall include an effective date, and be distributed to the personnel of the Library by the Library Director within ten (10) working days.  

ARTICLE XXXXI: EFFECTIVE DATE:  

The Library Board of Trustees made these personnel policy effective upon passage at their meeting of August 15, 2000.  Revised May 13, 2003. 

Adopted by the Library Board of Trustees:

                                                             J Gross, Chairperson

                                                              Douglas McDonaldVice-Chairperson

                                                    Patricia Skinner

                                                    Debra Desrosiers

                                                    Holly Eddy

                                                    Richard Koeck