LOUISBURG NORTH CAROLINA Charming Siner. 1779 AGENDA LOUISBURG TOWN COUNCIL LOUISBURG TOWN HALL COUNCIL CHAMBERS September 18, 2023 1. Roll Call Perry 2. Invocation Mayor 3. Pledge of Allegiance Mayor 4. Adoption of Agenda Mayor 5. Approval of Minutes Mayor August 21, 2023 Regular Meeting September 8, 2023 Special Called Meeting 6. Discussion to Relocate Council Meeting Venue Mayor 7. Public Comment 8. Public Hearing: A) Amendment to the Noise Ordinance to Allow Electronic-Artificial Church Bells Medlin Pol B) Amendment to the Zoning Ordinance to Modify the Land Use Map for College Park PDD Callahan C) Amendment to the Zoning Ordinance to Rezone 1501 US Hwy 401 South from the Special Highway Overlay District (SHOD) to Agrieulural-Residential District (A-R) Callahan 9. Adoption of a Map Amendment to the Zoning Ordinance for College Park Planned Development District Callahan P.6 10. Adoption of a Map Amendment to the Zoning Ordinance for 1501 US Hwy 401 South from the Special Highway Overlay District (SHOD) to Agriculura-Residentia. District (A-R) Callahan P.14 11. Adoption of an Ordinance Amending Chapter 12 Food Trucks Modifying the Provision for Fees and Permit Periods Medlin P.18 12. Resolution Fixing Date of Public Hearing for Annexation of Forest Hills Subdivision Callahan P.2l LOUISBURG NORTH CAROLINA Charmings Siner 1779 13. Resolution for Town Sponsored Events Medlin P.ab P.27 14. Adoption of] Resolution to the Personnel Policy Medlin 15. Resolution to Declare P,94 Surplus Property Medlin 16. Administrator's Report Medlin R95 17. Mayor'sl Report Mayor 18. Police & Fire Report Abbott/Lanham P.J00 19. Council Comments Mayor 20. Adjourn AUGUST REGULAR MEETING MINUTES LOUISBURG TOWN COUNCIL August 21, 2023 The Louisburg Town Council met on Monday August 21, 2023 at 7:30 PM in the Town Hall Council Chambers located at 110 W Nash St, Louisburg NC 27549. Mayor Christopher Neal welcomed and thanked everyone for coming out to the meeting. Roll Call Mayor Christopher Neal, Town Administrator Sean Medlin, Town Clerk Pamela Perry, and Council Members Bobby Dickerson, Mark Russell, Tom Clancy, Silke Stein, Emma Stewart and Betty Wright were all present. Invocation Councilwoman Wright gave the Invocation. Pledge of Allegiance Mayor Christopher Neal asked everyone to remain standing for the Pledge of Allegiance. Adoption of the Agenda Mayor Neal called for a motion to adopt the agenda. Councilman Mark Russell made a motion to amend the agenda by adding discussion of preservation ofthe movie theater after item twelve. Council members Dickerson, Stein, Clancy and Russell voted Yes and Mayor Neal along with Council members Stewart and Wright voting No. The vote passed with four (yes) to three (no). Mayor Neal made a motion to amend the agenda by moving the public comments up to number six on the agenda. This would be a permanent move for this item; seconded by Councilwoman Wright. Council members Dickerson, Stewart, Stein, Wright, Russell and Mayor Neal all voted yes. Councilman Clancy voted No. The vote passed with six (yes) to one (no). Councilwoman Stein asked for a motion to amend the agenda by going into closed session reference Legal 143-318-11. (a) (3).; seconded by Councilman Russell. Before the vote to make the amendment, Mayor Neal stated that he wanted itt to be known, that the subject that was going to be discussed in the closed session, he believes it should be discussed in public with the citizens. Council members Dickerson, Stein, Clancy and Russell voted yes. Mayor Neal along with Councilwomen Wright and Stewart voted No. The vote passed with (4) Yes and (3) No. Approval of the Minutes Mayor Neal called for a motion to approve the minutes from the July 17, 2023 regular meeting with the correction of Councilwoman Stewart was not at this meeting, but the minutes are stating that she was. Councilman Clancy made the motion with the correction; seconded by Councilwoman Wright. The motion passed without objection. Public Comments 1. Lorene Rhyne109 N Church St. At Home Council Service. She would like to know what is being done with the abandon building next door to her business. It has asbestos in the wall, snakes, cats and it's an eye sore for clients that come to her business. 2. Joyce Neff, 203 John St, would like to go back to the meeting in a larger venue. 3. Nell Rose Holmes, 1587 Beasley Rd Louisburg, she is North Carolina Coordinator for Liberty Grass Roots and a cofounder of Franklin County Republican Ladies group. Ms. Holmes presented two photos oft two individuals as evidence of bias participation a two FNOTT events. On two occasions the Democratic party was allowed to set up. She thinks this is unfair to the Republican party and their candidates because they were denied to set up. A call was made to Andrew Smith, Director of Parks and Recs to ask why they weren't allowed to participate when the Democrats were allowed. Andrew said that the Democrats had been told that they could not participate. Ms. Holmes is asking for an explanation as to why they were turned down to set up at FNOTT. She believes that both parties should be able to participate. 4. Armenta Eaton, 1844 Mays Crossroads Rd, Ms. Eaton wanted to make a statement regarding Ms. Holmes comments regarding the Democratic party attending two of the FNOTT events. that she didn'tr represent the Democratic party at the FNOTT. She is a member of the Democratic party and proud ofit, however the sign at their booth said Register to Vote and did not have Democratic anywhere. She does agree that both parties should be allowed to set up and register citizens to vote. When Mr. Medlin decided not to close Main Street, that hurt the store fronts businesses. It also closed out where her table was set up to registers voters. It is a public service to register to vote. 5. Andrea Wooden, Purple Dot on Main Street, back in July a table was set out in front of her business and it was operating by the Democratic party with several Board members at the table that she had invited. At the last FNOTT she received a message to call Town Manager Sean Medlin. He told her that she was not allowed to set up a political table at the event. She then reached out one ofthe person's that she had been coordinating these Democratic registrations to vote events. They told her there were no policies saying this and she could continue to set up. As long as there was no candidate's information available. She then tried to contact Sean Medlin Friday morning and his mailbox was full. She then texted him and informed him of her plan to set up a table to register voters and she had gotten the OK to do this. (her three minutes were up at the point). 6. Dr. Stover, 307 N Main spoke on the speed limit in the downtown, business owners are complaining about vehicles speeding and pedestrians trying to cross the street. Someone is going to get hurt. He suggested hiring unarmed officers to help at cross walks. Add more speed limit signs, speed bumps. Put signs in the middle of the street for vehicles to slow down for pedestrians. 7. Paige Sayles, 106 Jeffrey Dr. closing Main Street at the last FNOTT took an effect on the businesses located on Main St. and she asked to reconsider closing the street at the next event. 8. Kelly Caraway, 107 N Elm St, would like to still try to save the theater. Proclamation - National Health Care Center Week Mayor Neal presented this Proclamation to Amanda Coffin, Clinical Practice Manager, at Advance Community Health located at 111 South Church Street. Community Health Centers serve as the beacon of strength, service, and care in their communities. In moments of pain and loss, they offer support and love. In moments of triumph, they offer hope and a vision for the future. This year' S National Health Center Week theme takes us on a virtual road trip across America, highlighting the achievements and amazing work being done at Community Health in every state and territory. Celebrate the uniqueness of your community and get to know others as we. journey across the U.S. together! Resolution for Annexation of Forest Hillls Subdivision Town Administrator, Sean Medlin presented this Resolution to the Board. This the first step toward the annexation process. By this action the process oft bringing the entirety of parcel 026781 into the Town corporate limits can begin. The annexation request was requested by the owner for a residential subdivision. Staff supports the annexation as it is based on sound planning principles. Councilman Clancy made a motion to proceed with the Resolution process; seconded by Councilman Russell. The motion passed without objection. Resolution Requesting Financing from the NC Clean Water State Revolving Loan Fund Town Administrator, Sean Medlin presented this Resolution to the Board. The approval oft the Resolution to accept State funds to undertake the replacement of Rotor Tubes 1 & 3 at the Wastewater Plant. After the failure of two of the four rotor tubes last year at the Town's wastewater treatment plant, the Town used ARPA funds to replace the two failed units. As the age ofthe remaining rotor tubes could also lead to a likely failure, the Town has begun the process of seeking funding to replace them through the State Revolving Loan & Grant Fund. Approximately halfthe cost will be funded by grant and other halfby loan. The total project cost is estimated to be about $600,000. The listed three resolutions, Funding Request, Asset Management Plan and Updated 10 Year CIP, are all required documents for Council action to support the Town's request for state funds. Councilman Clancy made a motion to adopt the Resolution Requesting Financing from the NC Clean Water State Revolving Loan Fund; seconded by Councilwoman Stewart. The motion passed without objection. Resolution Adopting Town Water & Wastewater 10 Year Capital Improvements Plan Town Administrator, Sean Medlin presented this Resolution to the Board. The Town maintains a water treatment/distribution system and wastewater collection and treatment system. The Town has developed a Water and Wastewater 10-Year Capital Improvements Plan 202324-2033-34) to identify needed capital improvements and their costs. The Town staff, under the direction ofthe Mayor and Town Council, shall regularly review and update this Resolution to ensure compliance with all federal, state and local regulations. Councilman Dickerson made a motion to adopt the Town Water & Wastewater 10-year Capital Improvements Plan; seconded by Councilman Clancy. The motion passed without objection. Resolution Adopting the Updated Town Water/Wastewater Asset Management Plan Town Administrator, Sean Medlin presented this Resolution to the Board. The Town has made a comprehensive effort to compile available information into a single document that presents an inventory and condition assessment oft the water and wastewater systems; and includes a 10-year Capital Improvements Plan with cost estimates; and includes an Operations and Maintenance Plan to ensure the proper management of the water and wastewater system assets. The plan, as designed, will be updated regularly and will serve the Town well as a management tool for the planning and operation and maintenance of the water and wastewater systems. The plan, originally adopted and implemented on September 17, 2018 was updated and presented to the Town Council ofLouisburg during the regular Council meeting help on August 21, 2023 for Council members' review, comment and adoption. Councilman Dickerson made a motion to adopt the Updated Town Water/Wastewater Asset Management Plan; seconded by Councilman Clancy. The motion passes without objection. Approval of Budget Amendment #1 for Fiscal Year 2023-2024 Finance Director, Reuben Carden presented the Board with Budget Amendment #1. Planning Professional Services (10-490-0100) - Zoning Ordinance preparation ($37,410) Electric Operations Capital Outlay (30-832-6000) - Purchase of two (2) Bucket Trucks ($466,725) and two (2) Flail Mowers ($86,605). Electric Operations Generator Account (30-832-6100) Purchase of Generator for Fire Department ($137,900) Water Treatment Capital Outlay (31-812-6000) - Raw Water Line Bypass Installation ($81,770) Wastewater Treatment Capital Outlay (32-822-6000) - Submersible Pump ($54,680) The Transformers ($475,710) & Green Hill Electric Materials & Labor ($199,470) Purchase Orders will be rolled over, but are not included in Budget Amendment #1. A portion of these will be paid out of the currently budgeted funds that were approved during the adoption of the Fiscal Year 2023-2024 budget. The remainder is expected to be paid in Fiscal Year 20242025. Other budget adjustments include the following: Re-allocate Building Maintenance Accounts for the Operations Center roof repair ($13,000 Total Cost). Increase Equipment Maintenance Budget for the Wastewater Treatment Plant (32-822-1601) by $47,000. This includes a pump repair and 3 months of an emergency pump rental until a permanent pump can be put into service. This is an estimate and the actual cost may vary, depending on the length oft time and usage of the rental. Increase Equipment Maintenance Budget for the Fire Department (10-5301501) by $9,800 for HVAC repair. Currently, the generator for the Wastewater Treatment Plant is budgeted in the Electric Fund ($390,000). The Fire Department also has a rollover purchase order for a generator that was allocated to the Electric Fund ($137,900). These will likely need to be moved to the respective departments at a later date as these generators are for emergency backup, and not related to load management. This will result in less fund balance needing to be appropriated in the Electric Fund. Adoption of Public Records Request Town Administrator Sean Medlin presented to the Board a Resolution for Public Records Request. This policy will provide consistency in responses to public records request and provide a mechanism by which staff can track such request. Councilwoman Stewart made a motion to adopt the Resolution for Public Records Request; seconded by Councilwoman Wright. The motion passed without objection. Theater Preservation Councilman Mark Russell stated that several people had approached him asking why the Town hasn'ts spoken up regarding saving the movie theater located on W Nash St. Discussion among the Board regarding this was as follows: were we ever contact by the County on this protect. Mayor Neal had spoken to County Manager Kim Denton prior to their meeting which has now passed, but they were waiting to hear from there architect regarding the movie theater. Since that conversation the architect advised the County to tear it down due to the shape it was in. Councilwoman Stewart stated that somethings can be saved and some can't. She suggests that the Board should look into the rumination before considering this as a project. Councilman Russell stated that he would like for the County to know that this Board would like to see it stay. Administrator's Report Town Administrator Sean Medlin reviewed his monthly report with the Board. He introduced the new IT Director, Mr. James Harris. Bid openings for the utilities and lift station improvements for the Louisburg Commerce Park will be held on September 6, 2023. Rough grading has been completed on the south portion of the Louisburg Commerce Park which was funded by Golden Leaf. Town staffis working with the construction management attorney; hoping to have a revised architectural services contract, to return, to Oakley Collier by the first week of September. A monitoring visit, with the Department of Commerce staff, for 124 N. Main was held on July 27,2023, where Brownfields work continues we are seeking funding for design services. There was a dedication service for the Florine Edgerton Park on Thursday, August 10, 2023. The construction contract has been signed, related to stream and bank restoration along the Tar River, through the StRAP program. Mayor's Report Mayor Neal made the statement saying that registering for voters should be allowed at any of the Towns public events. Police & Fire Report Police Chief Abbott reviewed with the Board his report that was in their packets. Officers were involved in a pursuit of a motor vehicle on 8/1. Officers stopped an individual for a traffic violation that was determined that the driver was wanted for probation and had been on the run for a year 7/29. Investigation at a home to investigate a report of a fight. Subject was intoxicated and the officer ended up having to use pepper spray 8/13. They are continuing to work with staff at Maria Parham Franklin to meet their obligations with the process ofs serving Involuntary Commitment Orders on patients at the ER. Continuing working with ALE to address a number ofissues at ABC Permitted establishments in Town. Providing security at FNOTT. These are a few things listed in his report. The Board had a few comments for Chief Abbott: N. Main St. could there be a speed limit sign placed there, pedestrian crossing at the College is hard to see the students, vehicles at Jolly Street aren't stopping, can we step up the patrol in Town with the kids coming back to college and schools. Fire Chief Randy Lanham was unable to attend but did have his report in the Boards packet for review. Ricky Johnson from the fire department stated that the volunteers for the department was low. Anyone that would like to before a full time fireman could attend the Fire Academy and volunteer fireman can be trained at the fire house. Council Comments Councilman Dickerson thanked everyone for coming out. He mentioned that he had attending the dedication ceremony at the Edgerton Park. He also thought that the grading on T. Kemp Road was an improvement. He was glad to see the working on the river. Councilwoman Stewart was sorry that she couldn'ti make it to last month's S meeting. She would like to see everyone to unite as a community. She thanked everyone for coming out to the meeting. Councilwoman Stein stated that she too had attended the park dedication at Edgerton Park. She attended a live burn with the fire department. She mentioned that there would be a 9/11 ceremony at the Court House. She thanked everyone for coming to the meeting. Councilwoman Wright thanked everyone for coming to the meeting. She also was at the Edgerton Park dedication. She had attended the Kerr Tar Board meeting. Councilman Clancy thanked everyone for coming. Councilman Russell thanked everyone for coming. Closed Session Councilman Russell made the motion to go into Closed Session Ref143-318.11 (a)(5) Real- Estate and 143-318-11()(3) legal; seconded by Councilwoman Stein. The motion passed without objection. Councilman Clancy made a motion to come out ofClosed Session; seconded by Councilwoman Wright. The motion passed without objection. Councilwoman Stewart made a motion to purchase parcel number 015889 at $10,000 and parcel number 015976 at $30,000 and parcel number 015573 at $45,000; seconded by Councilman Dickerson. The motion passed without objection. No action was taken with Legal. Adjourn Mayor Neal asked for a motion to adjourn. Councilman Clancy made the motion to adjourn; seconded by Councilman Russell. The motion passed without objection. Submitted; Pamela Perry NCCMC, CMC NCAMC Director District 5 Special Called Meeting Minutes September 8, 2023 The Louisburg Town Council met on Friday September 8, 2023 at 10am in the Town Hall Council Chambers located at 110 W Nash St, Louisburg NC 27549. Mayor Christopher Neal welcomed and thanked everyone for coming out to the meeting. Roll Call Mayor Christopher Neal, Town Administrator Sean Medlin, Town Clerk Pamela Perry, and Council Members Bobby Dickerson, Mark Russell, Tom Clancy, Silke Stein, Emma Stewart were all present. Councilwoman Betty Wright was unable to attend. Invocation Town Administrator Sean Medlin gave the Invocation. Pledge of Allegiance Mayor Christopher Neal asked everyone to remain standing for the Pledge of Allegiance RESOLUTION to Allow Political Activity at Town Sponsored Events Town Administrator Sean Medlin presented this Resolution to the Board. The Town of Louisburg recognizes the advancement of civic knowledge and citizen participation in the political process as an affirmation ofindividual rights granted under the First Amendment oft the U.S. Constitution. The Town intends to provide an open and free space for such political expression and campaign activities at all Town sponsored events. This policy grants any individual, group ofindividuals, political groups or organizations the right to engage in political activity and/or campaigning at any Town sponsored event, provided such activity does not unreasonably interfere, impose or disrupt the intended uses of such events and are conducted in a safe and secure manner. Councilman Clancy suggested changing the verbiage to only allow for political process, which includes signing up individuals to vote and also to allow political campaigning. As of now this could let any group come in and set up, which may include hate groups. Councilman Clancy made a motion to change the verbiage and to table this until the next regular monthly meeting that will be held on September 18, 2023 at the Council Chambers inside Town Hall at 7:30; seconded by Councilwoman Stein. The Board also agreed to allow the political process to be allowed at the next FNOTT which will be held on September 15, 2023. The motion passed without objection. ADJOURN Mayor Neal asked for a motion to adjourn. Councilman Russell made the motion to adjourn; seconded by Councilman Clancy. The motion passed without objection. Submitted; Pamela Perry NCCMC, CMC TOWN of LOUISBURG IIII N O R7 TH CAROLINA Charming Since 1779 TO: TOWN COUNCIL FROM: Sean Medlin, Town Administrator DATE: September 14, 2023 RE: Public Hearing = Artificial or Electronic Church Bell Ringing REQUEST: To solicit public input on changing the Noise Ordinance to allow for Electronic or Artificial Church Bell Tones. BACKROUND: Some years ago, the Town Council acted to change the Ordinance to limit the broadcasting of church hymns or music to address concerns of loud noise experienced during such broadcasts. Today, the issue raised is whether that prohibition applies to artificial or electronic broadcasting of church bells, and or whether Council wishes to relax any related provisions affecting artificial or electronic church bells tones or music being broadcast. COUNCIL ACTION: No Action Required. Discussion Only TOWN LOUISBURG III N O RTH CARO L I N A Charming Since 1779 TO: TOWN COUNCIL FROM: Keith Callahan, Planning Administrator DATE: Sept 18, 2023 RE: Zoning Map Amendment = College Park Planned Development District Map REQUEST: Modify the currently approved Governing Document for the College Park PDD to accommodate: 1) An onsite determination for applicability of the Tar- Pamlico Rules completed by the NC Division of Water Resources; and 2) A wetlands delineation completed by the Owner's environmental consultants. The changes result in minor changes in street alignment, the loss of 1 lot, an increase in open space, and lot size adjustments. PLANNING BOARD RECOMMENDATION: Unanimous approval for Recommendation by the Planning Board was received on Sept 14, 2023. COUNCIL ACTION: Motion To Approve Modification 2 Town of Louisburg Planning Board RZ: 2022-8-1 Pagel Town of Louisburg Planning Board Rezoning 2022-8-1 Applicant: Merit Group LLC Property Location: Mid-block between 701 and 807 North Main Street Tax Parcel ID: AMANPDACNATN Existing Zoning District: Planned Development District (PDD) Proposed Zoning District: Revised Plan Map and Standards Amendment Background: The Applicant, Merit Group LLC, is requesting to modify the Collegc Park Governing Document to accommodate: 1) An onsite determination for applicability ofthe Tar-Pamlico Rules completed by the NC Division ofWater Resources; and 2) a wetlands delineation completed by the Owner's environmental consultants. The changes result in minor changes in street alignment. The loss of 1 lot, an increase in open space and lot changes. Comprehensive Plan: Specially, the 2030 Plan identifies this area as part ofi the North College focus area, and states as the land use policy as "continuation of low to moderate density residential with scattered, un-concentrated, non-residential uses are supported at key intersections or on neighborhood edges, provided spillover effects of the proposed use is minimized. This area will maintain a Low Density Residential (R-1) zoning designation as the predominant zoning". That said, while the Plan stipulates this as the predominate zoning classification, it is not exclusive to other zoning categories, particularly the PDD. It is important to note that the Plan goes further by stating that the desired density is 2 to 3 dwellings per acre which the proposed development satisfies. Zoning Elements: Adjoining Property Zoning North: Low Density Residential (R-1) & Ag-Residential (A-R) East: Low Density Residential (R-1) West: Agiculural-Residential (A-R) South Office/Institutional (O/I) College Park Planned Development District Elements 3 Town of Louisburg Planning Board RZ 2022-8-1 Page 2 Uses: (Pg. 4.1 & 4.2). The proposed uses for the development is restricted to single-family residential with customary accessory uses such as garages, garden structures, storage buildings and alike. Lots/Setbacks: (Pg. 4.2). Commensurate with the proposed use. Dwellings will still be constructed with reduced front and rear setbacks and either zero lot lines for side yards or a minimal setback of between 15 feet and 5 feet. The proposed setbacks would be similar to typical compact development projects found in a downtown or urban core zoning district. Environmental/Open Space (Pgs. 6.0 & 6.1). The project sets aside 9.85 acres +-of open space which is dispersed around the north, west and south side of the project area. Included is a perimeter buffer yard that circumscribes the property. Park/Amenities (Pg. 6.1). The project proposes two (2) small garden areas with one located at the front entrance and a second one: in the rear. Together they comprise almost one 1 acre. The garden location at the entrance will be passive with ample landscape features and plantings while the rear location is more active and will have playground equipment and benches for use by residents. Improvements to these areas are covered under the terms of the property covenants and delegates that responsibility to the Developer to install. Planning Elements: Land Use: The proposed use for the site is single-family residential. This use is consistent with the 2030 Plan which stipulates that the North College Neighborhood area remain residential with a density of 2 to 3 dwelling units per acre. This standard is met with the revised proposal. Access & Circulation: The project layout still proposes one double lane access point from North Main Street with an interior loop road in the rear half of the property: which is consistent with the original approved layout. Recreational: The Subdivision Ordinance requires a 15% Open Space set aside which the proposal is compliant with 9ac.+-. Separately, the project provides for 0.9 acres of recreational space for outdoor play. The project will also contain a buffer/open space around the perimeter (Pg. 4). Recommendations: Staff supports the modification application. The use of the modified Planned Development District is an appropriate application of the flexibility of this zoning classification given the site's location in the Watershed Protection Area. Moreover, the proposed use of single-family residential at the3 dwelling unit per acre density is consistent with the 2030 Comprehensive Plan. As 4 Town of Louisburg Planning Board RZ 2022-8-1 Page 3 proposed the project layout is well matched to the topographical features oft the site and development limits imposed by the shape of the lot. Consistency Statement: This application for rezoning is consistent with newly adopted 2030 Comprehensive Plan as noted on page 36 which denotes this area as a residential district. Specifically, the Plan states, continuation oflow to moderate density residential with scattered, um-concentrated, non-residentia uses are supported at key intersections or on neighborhood edges, provided spillover effects of the proposed use is minimized. 3 The Plan further recommends: a residential development density of2 to 3 dwellings per acre. This project implements the policy recommendations for the North College Street area as described above and therefore in compliance with the 2030 Plan. Reasonable and Public Interest Statement: The modification is reasonable in that it will: 1) benefit the Town and neighborhood by converting vacant land into needed housing for the north side of Town and remove from the neighborhood nuisance growth that historically was a problem for residents, 2) improves consistency with the newly adopted 2030 Plan by providing an expanded tax base and more fully utilizing available vacant land served by the Town's infrastructure and 3) protects the integrity of the housing stock and property values by creating development that compliments the surrounding development in terms of building/property values, lot configuration and architectural style. Attachments 1. Letter of request 2. Governing Document 5 ORDINANCE NO. 2023- [An Ordinance to Amend the Town of Louisburg's Zoning Map.] WHEREAS: 1. The North Carolina General Statues authorize a municipality to adopt Zoning Ordinances in order to regulate the development and use of land; and 2. North Carolina General Statues authorize the amendment of local Zoning Ordinances; and 3. The Town ofl Louisburg has duly adopted a Zoning Ordinance and hereby finds it favorable to amend the Ordinance; and 4. The Merit Group requested and was granted a change in zoning by Town Council in Aug, 2022 for 22.68+- acres of land identified as Franklin County Tax Parcels 017537, 046687, 015859, 047286, 047287, 047288 from Low Density Residential (R1) to a Planned Development District (PDD); and 5. AS a result of soils testing and related conditions; The Merit Group seeks to modify the PDD Land Use Map and Governing Document to reflect changes in: lot sizes, open space designation; and street configuration. 6. The Louisburg Town Council, while considering the zoning map amendment, has found that this amendment is consistent with the goals and policy recommendations cited in the Louisburg Comprehensive Plan because the amendment retains it land use development pattern, as well as, supports the continued use of a PDD zoning category to allow flexibility in design and 7. The Louisburg Town Council has found that the rezoning request is reasonable and in the public interest because the proposed use will result in a logical progression of development and housing opportunity in the Town. NOW THEREFORE BE IT RESOLVED BY THE TOWN OF LOUISBURG TOWN COUNCIL DULY ASSEMBLED THAT: 1. Amends the Louisburg Zoning Ordinance in the form of a Map Amendment as follows: Franklin County Tax ID Parcels 017537, 046687, 015859, 047286, 047287, 047288 as zoned for a Planned Development District (PDD) to have its Land Use Map and Governing Document modified to reflect changes in: Lot sizes, open space designation, and street configuration. 6o 2. All provisions of other Town Ordinances in conflict with this Ordinance are hereby repealed. 3. If any provision ofthis Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application and to the end, the provisions of this Ordinance are severable. ATTEST: SIGNED: Pamela Perry, Town Clerk Christopher L. Neal, Mayor DATE E 5 f 3 $ 1 - : 18 12 - - I 1E a : I * 3 3 - : & e 5 a : E 6 - - 5 5 : 1 20 2 12 - a & : a M 13 : C 2 € 63 - : E : - a 2 = e is F D w MIBD ME MA MWON : 2 C E E 8 At the Adoption of the Ordinance REQUIRED MOTION TO BE READ AS FOLLOWS: "I make a motion to approve the request that the amendment to the Planning Development District Map for College Park as identified by Franklin County Tax ID Parcels 017537, 046687, 015859, 047286, 047287, 047288 be approved given the findings for this request are consistent with the 2030 Louisburg Comprehensive Plan and shown to be in the public interest as the amendment more accurately reflects the Town's housing and needs and is to be found reasonable as this will result in a logical progression of the development. AS A MATTER OF COUNCIL RECORD, the following motion was given by Town Council on Sept 18, 2023. Pamela Perry, Town Clerk 9 TOWN LOUISBURG - NOF RTH CAROLINA Charming Since 1779 TO: TOWN COUNCIL FROM: Keith Callahan, Planning Administrator DATE: Sept 18, 2023 RE: Zoning Ordinance Map Amendment REQUEST: Proposed Zoning Map Amendment to change the zoning of Franklin County Tax Parcel 015957 from the Special Highway Overlay District (SHOD) to Agricultural Residential (A-R). BACKROUND: Betsy Burnett, is seeking to rezone 11.73acres located at 1501 US Hwy 401 South from the Special Highway Overlay District (SHOD) to Agricultural Residential (A-R). This rezoning request is to more accurately reflect the property's use and the manner that it is maintained in. STAFF RECOMMENDATION: Approval of the rezoning as amended. PLANNING BOARD RECOMMENDATION: Approved by a unanimous vote for recommendation on Sept, 14 2023 /o Town of Louisburg Planning Board RZ 2023-9-198 Page 1 Town of Louisburg Planning Board Rezoning 2023-9-198 Applicant: Betsy Lark Burnett Property Location: 1501 US HWY 401 SOUTH Tax Parcel ID: 015957 Existing Zoning District: Special Highway Overlay District (SHOD) Proposed Zoning District: Agriculura-Residential (AR) Background: The applicant, Ms. Betsy Lark Burnett,has petitioned to rezone this property from Special Highway Overlay District(SHOD) to Agricultural- Residential(AR). The proposed parcel, a 11.73+/- acre parcel, is located at 1501 US Hwy 401 South. The applicant has a desire to maintain this property as a residential use and preserve the character of the site. Comprchensive Plan: The Town's 2030 Comprehensive Plan denotes this area as a Gateway Focus Area (p.54). The Comprehensive Plan lists one ofthe Residential components large lot single-family" The change in zoning would be considered consistent with the Comprehensive Plan. Adjoining Zoning: North: Special Highway Overlay District (SHOD) East: General Business (GB) West: Special Highway Overlay District (SHOD) South General Business (GB) Site Elements: The property is of a rectangular shape with frontage along Hwy 401 South Recommendations: Staff supports the rezoning. Consistency Statement: The rezoning oft this property to Agroutuna-ReidemtalAR from Special Highway Overlay District (SHOD) is consistent with the 2030 Comprehensive Plan as the Plan includes as a residential component "large lot single-family." I Town of Louisburg Planning Board RZ 2023-9-198 Page 2 Reasonable and Public Interest Statement: The rezoning is reasonable in that it will: 1) expand the available housing/land options for prospective new residents, 2) Provide an alternative to high density sub-divisions 3) Help maintain original character of area. Attachments 1. Zoning Map 2. Aerial Map 3. Application Letter 4. Picture a August 8, 2023 1501 US Hwy 401 South Louisburg, NC 27549 Louisburg Planning Board C/o Philip Slayter Planning & Zoning Administrator 110 West Nash Street Louisburg, NC 27549 RE: Rezoning of Franklin County Tax Parcel # 015957 1501 US Hwy 401 South Dear Mr. Slayter, I am the property owner of record for the above listed parcel. I am requesting the Town of Louisburg rezone my property from the Special Highway Overlay District (SHOD) to gricutura-Residenta (A-R). This request is in response to my desire to maintain this property as a residential use and preserve the character of the site. Please advise me of the dates and times for the required hearings. hépug Sincerely, elin aikkieet and Vraalhtind Ms. Betsy Lark Burnett Thomas Fleetwol Benning ChushandofBety L, Buref) Attachment 13 ORDINANCE NO. 2023- [An Ordinance to Amend the Town of Louisburg's Zoning Map.] WHEREAS: 1. The North Carolina General Statues authorize a municipality to adopt Zoning Ordinances in order to regulate the development and use of land; and 2. North Carolina General Statues authorize the amendment oflocal Zoning Ordinances; and 3. The Town of Louisburg has duly adopted a Zoning Ordinance and hereby finds it favorable to amend the Ordinance; and 4. The Owner, seeks to rezone 11.73+- acres ofland identified as Franklin County Tax Parcel 015957 from Special Highway Overlay District (SHOD) to Agricultural Residential (A-R). 5. The Louisburg Planning Board voted on Sept 18, 2023 to recommend in favor of the request on the basis of consistency with Louisburg 2030 Comprehensive Plan; and 6. The Louisburg Town Council, while considering the zoning map amendment, has found that this map amendment is consistent with the goals and policy recommendations cited in the Louisburg Comprehensive Plan because this property has been used and maintained in a manner consistent with a Agricultural Residential (A-R) zoning; and 7. The Louisburg Town Council has found that the rezoning request is reasonable and in the public interest because the proposed use will result in a more logical zoning oft the property's use, and it will help maintain part ofthe character oft the area. NOW THEREFORE BE IT RESOLVED BY THE TOWN OF LOUISBURG TOWN COUNCIL DULY ASSEMBLED THAT: 1. Amends the Louisburg Zoning Ordinance in the form of a Map Amendment as follows: Franklin County Tax ID Parcel 015957 be rezoned from Special Highway Overlay District (SHOD) to Agricultural Residential (A-R). 2. All provisions of other Town Ordinances in conflict with this Ordinance are hereby repealed. 14 3. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications ofthe Ordinance which can be given effect without the invalid provision or application and to the end, the provisions ofthis Ordinance are severable. ATTEST: SIGNED: Pamela Perry, Town Clerk Christopher L. Neal, Mayor DATE 5 At the Adoption of the Ordinance REQUIRED MOTION TO BE READ AS FOLLOWS: "I make a motion to approve the request by the Applicant that the parcel identified by Franklin County Parcel Number 015957 be approved for rezoning from the Special Highway Overlay District (SHOD) to Agricultural Residential (A-R) given the findings for this request are consistent with the 2030 Louisburg Comprehensive Plan and shown to be in the public interest as the project conforms with the Town's deals, and more over to be found reasonable as this will result in a more logical zoning for the property's use. AS A MATTER OF COUNCIL RECORD, the following motion was given by Town Council on Sept 18, 2023. Pamela Perry, Town Clerk 16 TOWN of LOUISBURG III N 0 R T H CAROI L I N A Charming Since 1779 TO: TOWN COUNCIL FROM: Sean Medlin, Town Administrator DATE: September 14, 2023 RE: Amendment Chapter 12, Section 12-5, Food Truck Regulations REQUEST: This amendment extends the permit period from 60 days to 180 days. It also exempts all non-Town owned sites from the permit fee. These changes reflect changes to the Ordinance based on previously received public input. COUNCIL ACTION: Approval of the Amendment / ORDINANCE NO. 2023-0- [An Ordinance to Amend the Town of Louisburg's Code of Ordinances, Chapter 12, Article I, Section 12-5, Permit Required] WHEREAS: 1. The Louisburg Code of Ordinances, Chapter12, Article I, Section 12-5 provides for the regulation of food trucks within the Town limits; and 2. That since its adoption on May 15, 2023, the Town of Louisburg has received public input on the regulating and permitting of food trucks in the Downtown area; and 3. In response to that input, the Town Council would like to lessen the regulatory burden placed on food trucks through the permitting process; and NOW THEREFORE BE IT RESOLVED BY THE TOWN OF LOUISBURG TOWN COUNCIL DULY ASSEMBLED THAT: 1. Section 12-5, Part 2 of Article I, Chapter 12 ofthe Town of Louisburg Code of Ordinances is hereby amended to read as follows: "Vendors must obtain a permit valid for 180 days from the Town ofLouisburg. For vendors located on Town-owned property, vendors will pay a regulatory, fee as set by the Town's current fee schedule. Approved locations on non-Town owned property are exempt from the regulatoryfee. Permits are per calendar year and valid from January 151 and December 3191 For Town-owned propertylocations, permits must be displayed on the vehicle and visible to the public. 1 2. All provisions of other Town Ordinances in conflict with this Ordinance are hereby repealed. 3. In any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application and to the end, the provisions oft this Ordinance are severable. ATTEST: SIGNED: Pamela Perry, Town Clerk Christopher L. Neal, Mayor DATE 18 1 au LOUISBURG Charming Since 1779 TO: TOWN COUNCIL FROM: Keith Callahan, Planning Administrator DATE: Sept 18, 2023 RE: Proposed Annexation - Forest Hills Subdivision (parcel: 026781) REQUEST: Approval of Findings for Sufficiency and Setting of Public Hearing BACKROUND: Last month, Town Council acted to accept the petition for annexation ofthe Forest Hills Subdivision. With acceptance of the petition, Council directed the Town Clerk to determine if the petition was sufficient (Certificate of Sufficiency); that is to ensure the petition complies with the state legal requirements for annexation. Council": S action this month is to accept the Town Clerk's findings and set a date for the annexation public hearing. The proposed date for the hearing will be at the next Council meeting, October, 16th. At which time Council may act to annex the property. 19 CERTIFICATE OF SUFFICIENCY To the Town Council of the Town of Louisburg, North Carolina: I, Pamela Perry, Town of] Louisburg Town Clerk, do hereby certify that I have investigated the attached petition and hereby make the following findings: 1. The petition contains an adequate property description ofthe area proposed for annexation. 2. The area described in the petition is contiguous to the Town of Louisburg primary corporate limits, as defined by G.S. 160A-31. 3. The petition is signed by and includes addresses of all owners of real property lying in the area described therein. In witness whereof, II have hereunto set my hand and affixed the seal of the Town of Louisburg, this 18th day of September, 2022. Goono.Bu Pamela Perry, Town Clerk 20 RESOLUTION NO. 2023-R- [A Resolution Fixing the Date of a Public Hearing on the Question of Annexation of Forest Hills Subdivision Pursuant to G.S. 160A-31] WHEREAS: 1. A petition requesting annexation of the area described herein also known as Forest Hills Subdivision (Parcel: 026781) has been received; and 2. The Town Council has by resolution directed the Town of Louisburg Town Clerk to investigate the sufficiency of the petition; and 3. Certification by the Town of Louisburg Town Clerk as to the sufficiency of the petition has been made; NOW THEREFORE BE IT RESOLVED BY THE TOWN OF LOUISBURG TOWN COUNCIL DULY ASSEMBLED THAT: 1. Aj public hearing on the question of annexation of Forest Hills Subdivision (Parcel: 026781) described herein will be held at the Town Council Chambers, 110 W Nash St. Louisburg at 7:30 PM, October16, 2023. 2. The area proposed for annexation is described is described as follows: See attached 3. Notice ofthe public hearing shall be published once in the Franklin Times, a newspaper having a general circulation in the Town ofLouisburg, at least ten days (10) prior to the date of the public hearing. ATTEST: SIGNED: Pamela Perry, Town Clerk Christopher L. Neal, Mayor DATE 21 :e a ou a R - g, IERE a - is 8eg $ aks ? 37P F3XE 5 a, Su5 Ezs 5 StAL * F. 6 g! A $,24.10 N s 0 sV I35 * 9 Is E33 a 3e € 60081 2 - 06 Nh : & a 4 5. - EA 0 32 - A a ) - 5 a Ebg BI- o 8 Eess 8 g1- Cve 3 0510 N 7 ( : 4- SBaal 1 Ev / er o 9 d 3AIBO N € da M/809 N A RLe SFRE e A OYSEL B a - 82ZS1 0, ME - 37U6I € - * de BR o S 6 Ma y 1 hz d 5 t I E 3319 $ I EB5p 3: E A 8 to E 5a e - 5 3 GF S 1 E A es C - 3 S & G2 om - a 53 A 3 Tiau e 09 E 8 N/a - ai - a : & & 4 a * - A of : - * - € $ 5 8 N e A a N a B BP a 3 a de de 8 83 : a e R 4 $ 6 SLSIEI E a &. 5 " 86 Vi & Egy VE e 3 4 8 - M B 5 : R 2 475 $ 99) F w & 8 - a : - - 8 a SEDON & a SSN PIFEAHT A a - * R 9 % RIS 3 SECOT 3 - o % L a a E a & 3 g 09 BEDRIS - X - - E-9 9 S 3 P 3 BERINS 1o. a a 3 S * a 2 s- #Y 3SAI FIZ C SSZSC .6.45.10 de B ABRE a lo S a B * = 55 6 à - B I -5 3 4E,6.Z0 S a 35 E F E E.122z 6. I / : :. B A E - 3 1 E : :. E R a & M SEZ B * N % GHOLO - B - n E E S - 2; E I a 3 I à 4 a - E 8 ES E 8 e WTIUAENUINE a 11118 à à g B a b l 9 6 # 8 NC GRO MAD as/on C 8 E A & W 79, E 3 s 5. < $ Sars . E B a D8 - 4 A S. € de * - ag 5 9 3 8 3 3 & SSES9TREESS B E 3 A5 51 à a AE B BEGINNING AT AN EXISTING IRON PIPE ON THE NORTHWESTERN CORNER OF THE INTERSECTION OF RIGHT-OF-WAY OF N.C. HIGHWAY 531 AND HAWTHORNE STREET, SAID POINT HAVING NC GRID COORDINATES OF N(y)= 860,850.15 AND E(x)= 2,212,419.24; THENCE LEAVING SAID RIGHT-OF-WAY AND ALONG THE RIGHT-OF-WAY OF HAWTHORNE STREET, WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 173.73', WITH A RADIUS OF 270.18', WITH A CHORD BEARING OF N 07'54'21" W, WITH A CHORD LENGTH OF 170.75', TO AN EXISTING IRON PIPE; THENCE N 10°33'37" E A DISTANCE OF 32.20' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 174.56', WITH A RADIUS OF 418.31', WITH A CHORD BEARING OF N 00°38'35" W, WITH A CHORD LENGTH OF 173.30', TO A POINT; THENCE N 18°15'25" W A DISTANCE OF 218.52' TO A POINT; THENCE N 18'05'51" W A DISTANCE OF 100.35' TO A POINT, THENCE S 71°54'09" W A DISTANCE OF 60.00' TO AN EXISTING IRON PIPE; THENCE LEAVING SAID RIGHT-OF-WAY, S 67'40'27" W A DISTANCE OF 192.77' TO AN EXISTING IRON PIPE; THENCE S 15'15'23" E A DISTANCE OF 114.99' TO AN EXISTING IRON PIPE; THENCE N 63°2541"EAI DISTANCE OF 46.34' TO AN EXISTING IRON PIPE; THENCE S 26'17'43" E A DISTANCE OF 153.68' TO AN EXISTING IRON PIPE ON THE NORTHERN RIGHT-OF-WAY OF THORNTON STREET; THENCE CROSSING SAID RIGHT-OF-WAY, S 26°22'23" E A DISTANCE OF 153.68' TO A POINT, THENCE ALONG TORNTON STREET, N 63°37'37" E A DISTANCE OF 123.44' TO A POINT INTERSECTING WITH THE RIGHT- OF-WAY OF HAWTHORNE STREET; THENCE ALONG THE IRGHT-OF-WAY OF HAWTHORNE STREET, WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 146.67', WITH A RADIUS OF 358.31', WITH A CHORD BEARING OF S 00°24'54" E, WITH A CHORD LENGTH OF 145.65', TO A POINT; THENCE S 10°34'09" W A DISTANCE OF 33.04' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 21.91', WITH A RADIUS OF 294.36', WITH A CHORD BEARING OF S 08'29'55" W, WITH A CHORD LENGTH OF 21.90', TO AN EXITING IRON PIPE; THENCE LEAVING SAID RIGHT-OF-WAY, S 63°40'44" W A DISTANCE OF 173.50' TO AN EXISTING IRON PIPE; THENCE S 63°40'44" W. A DISTANCE OF 120.00' TO A BENT EXISTING IRON PIPE; THENCE S 63°40'44" W A DISTANCE OF 120.00' TO AN EXISTING IRON PIPE; THENCE S 75°45'04" W A DISTANCE OF 122.71'TO A BENT EXISTING IRON PIPE; THENCE S 75°45'04" W A DISTANCE OF 259.21' TO AN EXISTING IRON PIPE IN CONCRETE; THENCE N 29°10'16" W A DISTANCE OF 119.94' TO AN EXISTING IRON PIPE; THENCE S 62'06'10" W A DISTANCE OF 210.00' TO A BENT EXISTING RON PIPE; THENCE N 26'26'20"W A DISTANCE OF 200.63' TO A BENT EXISTING IRON PIPE ON THE SOUTHERN RIGHT-OF-WAY OF THORNTON STREET; THENCE ALONG SAID RIGHT-OF-WAY, N 63°33'40"E A DISTANCE OF 281.68' TO A POINT OF INTESECTION WITH THE RIGHT-OF- WAY OF FIELDCREST DRIVE; THENCE ALONG SAID RIGHT-OF-WAY, N 09°27'16" W A DISTANCE OF 199.64' TO A POINT; THENCE N 8°29'56" W A DISTANCE OF 152.78' TO A POINT; THENCE N 14°59'06"W A DISTANCE OF 96.33' TO A POINT; THENCE N 20°44'06" W A DISTANCE OF 57.96' TO A POINT; THENCE N 25°43'11" W A DISTANCE OF 50.92' TO AN EXISTING IRON PIPE; THENCE LEAVING SAID RIGHT-OF-WAY, N 26'15'00"E A DISTANCE OF 204.29' TO AN EXISTING IRON PIPE; THENCE N 11'36'40" W A DISTANCE OF 255.01 TO AN EXISTING IRON BAR ON THE SOUTHERN RIGHT-OF-WAY OF HAWTHORNE STREET; THENCE CROSSING SAID STREET, N 01°14'00" W A DISTANCE OF 60.04' TO A POINT; THENCE ALONG NORTHERN RIGHT-OF-WAY, S 88°46'00" W A DISTANCE OF 137.35' TO AN EXISTING IRON PIPE; THENCE LEAVING SAID RIGHT-OF-WAY, N 01'42'53" W A DISTANCE OF 180.09' TO AN EXISTING IRON PIPE; THENCE N 88°49'34"E A DISTANCE OF 427.00' TO A BENT EXISTING IRON PIPE; THENCE N 88°49'34" E A DISTANCE OF 174.15' TO AN EXISTING IRON PIPE; THENCE N 88°49'34" E A DISTANCE OF 199.79' TO AN EXISTING IRON PIPE; THENCE N 88°49'34" E. A DISTANCE OF 130.69' TO AN EXISTING IRON PIPE; THENCE N 88°49'34" E A DISTANCE OF 158.95' TO A BENT EXISTING IRON PIPE; THENCE S 01'57'49" E A DISTANCE OF 352.55' TO AN EXISTING IRON PIPE; THENCE S 1259'49" E A DISTANCE OF 231.13' TO AN EXISTING IRON PIPE; 23 BEGINNING AT AN EXISTING IRON PIPE ON THE NORHWESTERN CORNER OF THE INTERSECTION OF RIGHT-OF-WAY OF N.C. HIGHWAY 531 AND HAWTHORNE STREET, SAID POINT HAVING NC GRID COORDINATES OF N(y)= 860,850.15 AND E(x)= 2,212,419.24; THENCE LEAVING SAID RIGHT-OF-WAY AND ALONG THE RIGHT-OF-WAY OF HAWTHORNE STREET, WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 173.73', WITH A RADIUS OF 270.18', WITH A CHORD BEARING OF N 07'54'21" W, WITH A CHORD LENGTH OF 170.75', TO AN EXISTING IRON PIPE; THENCE N 10°33'37" E A DISTANCE OF 32.20' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 174.56', WITH A RADIUS OF 418.31', WITH A CHORD BEARING OF N 00°38'35" W, WITH A CHORD LENGTH OF 173.30', TO A POINT; THENCE N 18°15'25" W. A DISTANCE OF 218.52' TO A POINT; THENCE N 18°05'51" W A DISTANCE OF 100.35' TO A POINT, THENCE S71°54'09" W A DISTANCE OF 60.00' TO AN EXISTING IRON PIPE; THENCE S 18°05'51" E A DISTANCE OF 100.35' TO AN EXISTING IRON PIPE; THENCE S 18'15'24" E A DISTANCE OF 155.00 TO A INTERSECTING POINT WITH THE RIGHT-OF-WAY OF THORNTON STREET; THENCE ALONG WITH THORNTON STREET RIGHT-OF-WAY, S 63°37'37" W A DISTANCE OF 132.00' TO. AN EXISTING IRON PIPE; THENCE ACROSS SAID RIGHT-OF-WAY, S 26'22'23" E A DISTANCE OF 60.00' TO A POINT; THENCE ALONG WITH SOUTHERN RIGHT-OF-WAY, N 63°37'37" EA DISTANCE OF 123.44' TO A INTERSECTING, POINT WITH HAWTHORNE STREET; THENCE ALONG HAWTHRONE STREET RIGHT-OF-WAY, WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 146.67', WITH A RADIUS OF 358.31', WITH A CHORD BEARING OF S 00°24'54" E, WITH A CHORD LENGTH OF 145.65', TO A POINT; THENCE S 10°34'09" W A DISTANCE OF 33.04' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 212.27', WITH A RADIUS OF 332.93', WITH A CHORD BEARING OF S 07°52'55" E, WITH A CHORD LENGTH OF 208.69', TO AN EXISTING IRON PIPE ON THE NORTHERN RIGHT-OF-WAY OF NC HIGHWAY 561; THENCE N 63°40'44" E. A DISTANCE OF 60.09' TO AN EXISTING IRON PIPE, WHICH IS THE POINT OF BEGINNING, CONTAINING AN AREA OF 49,887 SQUARE FEET, 1.145 ACRES 24 TOWN LOUISBURG III NORTH CAROLIN A Charming Since 1779 TO: TOWN COUNCIL FROM: Sean Medlin, Town Administrator DATE: September 15, 2023 RE: Town Sponsored Event Resolution REQUEST: To Approve and Adopt the above-mentioned Town Sponsored Event Resolution BACKROUND: At the special called meeting held on September 8, 2023, staff was asked to modify the proposed all-inclusive event resolution related to Town Events. Attached you will find the modified Town sponsored event resolution that allows all North Carolina registered Political parties to participate in all Town related sponsored events. Please review and let me know if you have questions. COUNCIL ACTION: Motion to Approve and Adopt the All-Inclusive Event Resolution. 25 RESOLUTION NO. 2023-R- [A Resolution to Allow Political Activity At Town Sponsored Events] WHEREAS: 1. The Town of Louisburg recognizes the advancement of civic knowledge and citizen participation in the political process as an affirmation ofindividual rights granted under the First Amendment ofthe US Constitution; and 2. The Town of Louisburg intends to provide an open and free space for such political expression and campaign activities at all Town ofLouisburg sponsored events; and NOW THEREFORE BE IT RESOLVED BY THE TOWN OF LOUISBURG TOWN COUNCIL DULY ASSEMBLED THAT: 1. The Town ofLouisburg Town Council hereby establishes a policy granting all North Carolina registered Political parties, i.e. Democratic Party, Green Party, Libertarian Party, No Labels Party, Republican Party, the right to engage in political activity and/or campaigning at any Town sponsored event, provided such activity does not unreasonably interfere, impose or disrupt the intended uses of such events and are conducted in a safe and secure manner. ADOPTED THIS MONDAY, September 18th, 2023 at LOUISBURG, NORTH CAROLINA. ATTEST: SIGNED: Pamela Perry, Town Clerk Christopher L. Neal, Mayor DATE 26 TOWN LOUISBURG IIII NORTH CAROLINA Charming Since. 1779 TO: TOWN COUNCIL FROM: Sean Medlin, Town Administrator DATE: September 14, 2023 RE: Resolution to Adopt Personnel Policy REQUEST: To Approve and Adopt the above-mentioned Personnel Policy. BACKROUND: The Town of Louisburg contracted with The Maps Group to update the salary and personnel policy for the Town of Louisburg. This policy was last updated in 2002. Included in the packet is a copy of the policy recommendations and the policy for your review. The policy updates included several recommendations that would move the Town forward in a positive direction. This policy did include the recommendation for the Town to consider moving towards a Counci-Manager form of government; however, . I have removed this recommendation as part of this policy due to the fact that changing forms of government requires significant background work that would include updating the Town's charter, bylaws and ordinances which would require state approval; therefore, I believe that this should be a separate consideration should the Town wish to move to a Counci-Manager form of government. COUNCIL ACTION: Motion to Approve and Adopt the Personnel Policy as written. 27 PERSONNEL POLICY AND MANAGEMENT RECOMMENDATIONS Management and Personnel Services Group 28 PERSONNEL POLICY AND MANAGEMENT RECOMMENDATIONS The recommended policy is found on the following pages. On the next is also oenefits comparison based on information from organizations surveyed. This page information found fringe has been incorporated into the personnel policy. In addition to the personnel policy, the recommendations are made to improve the efficiency, effectiveness; and to protect following against unnecessary liability concerns for the Town. The Personnel policy recommended to you is created following several key criteria. 1. Wherever possible, standard language that has stood the test of time, grievances, lawsuits, etc. in multiple jurisdiction is used. 2. The approach is to address major policy issues attempting to strike a balance between providing clear policy guidance to the Town and departmental managers while staying from detailed procedures that tend to enfeeble rather than empower effective away decision making. Because of this approach, it may be desirable to transfer management some of the language in your previous policy to an administrative procedure manual or employee handbook. 3. Changes in any policies or benefits are recommended either based on what is considered competitive practice in your market or modern and effective personnel practices. Management Recommendations 1, The new personnel policy has several changes which may impact the decisions make and the way they deal with employees. A thorough review of these changes, supervisors the reasons behind them, and how to apply them should be undertaken with both supervisors and employees. Each employee should receive a copy of the new policies and sign a statement for his/her personnel file indicating receipt and understanding of responsibility for following it. We also recommend that new employees receive a copy of the personnel policy and statement to be placed in their personnel file that they understand sign a following the policy. In addition, we recommend that they are responsible for new employees receive a of the list of classifications by salary grade with assigned salary ranges. This helps employees copy see potential advancement opportunities with the Town and the potential compensation for these advancement opportunities. 2. Most attorneys recommend adopting the personnel policy by resolution and calling it a rather than an ordinance. This recommendation is based on a court case, Pittman V. Wilson policy County, which stated that policies adopted by resolution retain the "at will" status of employees. "At will" means that employees serve at the will or pleasure of the employer and no policies or procedures change that. The benefit of "at will" employment is that the Town's legal liability is potentially reduced in the case of termination or management error. The disadvantage is that employee loyalty and therefore motivation and productivity are not generally as high in "at will" organizations because employees view the employer's and commitment to them and their career as weak. The NCLM risk management division loyalty strongly recommends a policy of "at will" employment to municipalities. The Town's current policies are adopted by resolution. 3. The Hiring Rate of each assigned salary grade is keyed to the minimum education and experience requirements described on each class specification. Employees who 1 29 substantially exceed those requirements may be hired above the Hiring Rate. Employees who do not meet these minimums should be hired as trainees. We recommend that the Human Resources Officer and Town Administrator review each hiring and salary recommendation to ensure consistent application. By way of example, the Hiring Rate for a police officer is intended to represent a candidate who has a high school degree and has completed the BLET certification course. f an employee has an AS degree, 2.5% above Hiring is appropriate; 5% above hiring is recommended for a bachelor's degree. Other combinations of education and experience should be coordinated by the Town Administrator. This same approach should be used in all other departments for setting the starting salary for jobs while insuring that new employees are not hired at a salary higher than existing employees with comparable credentials. 4. It is important to maintain a consistent program for rewarding employees for attaining certifications in utilities as well as for CDLS. The Town's competitors do this and by not doing it, the Town reduces the ability to retain employees. t is also an important tool for succession planning. Such certification increases should only apply to those beyond what is required by the class specification. A 5% in-range increase is recommended for certifications determined by the Town to be needed and desired and a 2.5% for those that are voluntary but valuable. The new Personnel Policy provides for this. 5. One important use of the class specifications is to provide minimum education and experience, certification, and knowledge, skills, and abilities needed to perform each job. It will be important to use the new class specification information in recruitment notices and advertisements in the future. 6. The recommended personnel policy contains a formula to provide equitable leave accrual for all employees regardless of the number of scheduled hours averaged per week. For example, police officers on shift work an average 42 hours per week while most employees work 40 hours per week. When they take a day off, they take off 12 hours. The formula provides an equitable way to calculate employee leave accrual regardless of the number of hours an employee is scheduled to work. It will be important to follow this formula for all employees who accrue vacation, sick and holiday leave or compensation. In addition, hourly rates of pay should be determined by dividing the number of hours an employee is scheduled to work per year into the recommended annual rate. 7. The Town has a number of supervisors who have not historically received supervisory training. Lack of supervisory knowledge can result in decisions that create unnecessary liability for the Town and actions that reduce productivity. Needed training topics include legal issues for supervisors including OSHA, ADA and EEO, making effective hiring decisions, performance feedback and coaching, using the disciplinary process, collaborative conflict resolution skills, motivations, communications, leadership, working with multiple generations, conducting effective performance evaluations, and understanding human behavior. The School of Government is an excellent resource for this and there are scholarships available. In addition, we recommend that new department heads such as a possible new Public Services Director be sent to the School of Government's Municipal Administration course. 2 30 8. The Town has a pattern of word of mouth recruitment This results in a workforce that diversity. The recommended policy requires that most jobs be advertised. lacks three reasons for this. First, when employees know that openly will There are current and compete for they need to keep their skills because they have been promotions rather than automatically receiving the promotion there longest, the level of professionalism and organizations is much higher: Secondly, a policy of internal competence in limited recruitment can be considered applications only or otherwise prima facie evidence of discrimination when organization's diversity does not reflect that of the community. the an know that the best person available is selected whenever the Finally, citizens deserve to assurance can only be made when there is Town has a vacancy, and this an open recruitment and process. competitive selection 9. There are many benefits to an organization from performance evaluation providing a basis for merit pay decisions. The Performance separate from properly implemented, helps provide. a structured way to insure that Evaluation program, when performance standards and that there are discussions with employees receive clear which they meet, fail to meet, or exceed these standards. employees about the degree to better communications between Performance discussions build employees and supervisors and help organizational productivity as well as clarify work priorities and give clear improve direction overall employees. Studies show that most employees want feedback and want to to stand in terms of their overall performance. In addition, know where they documentation needed by organizations in making performance evaluations provide disciplinary actions, and other personnel actions. promotions, identifying training needs, We recommend each employee participate in a performance review her supervisor annually. Supervisors should be trained to conduct conference with his or conferences that are valuable for both employees and supervisors. The Town performance review for supervisors as well as new performance needs training meaningful and job related for employees. management instruments that are more We have also found that, in order for performance evaluation to be comprehensive way that involves an in depth conversation between performed in a supervisor, it is important to spread reviews out throughout the whole employee and them performed in a tight time frame. This is best year rather than having employee's anniversary of his/her hiring date. Whenever accomplished by having reviews on the line for review, the process becomes focused organizations move to a tighter time Communication, on the paperwork and meeting deadlines. coaching, mentoring and quality are usually victims of the workloads. deadlines and 10. The Town has great need for a consistent method to move range and address compression. One employees across the salary approach to this is to base movement performance. The trend in local government is to increase the range on performance, in many cases combining cost of living (market emphasis on pay for adjustments. Following is an example of an approach used adjustment) by with performance counties across the state. many municipalities and Performance pay amounts (includes performance bonus) will be awarded based overall performance rating the employee receives for the full on the performance review form. year on the final Performance pay amounts will include both the market adjustment of performance (merit) increases. These amounts from (cost living) and may vary year to year depending 3 3 on budget availability and market adjustment amount. Unless a different schedule published by the Town Administrator by July 15 of any given year, the is will apply: following schedule Overall Performance Below Midpoint Above Midpoint Level Fails to Achieve No increase No increase Standards Achieves Standards Market adjustment Market adjustment plus 2% Exceeds Standards Market adjustment Market adjustment plus 3% plus 2.5% Outstanding Market adjustment Market adjustment plus 4% plus 3.25% An employee whose performance fails to meet expectations will have the review scheduled again in six weeks to three months. If the performance rated "Achieves Standards" at that time, the employee will receive employee's performance is only at that time. If the employee's performance is rated "Fails to a market adjustment disciplinary process will continue. Achieve Expectations" the 11. Some nonexempt employees are receiving telephone calls at home and questions, monitoring SCADA, etc. without logging the time. All of this is answering time under the Fair Labor Standards Act. It is important to train considered work worked at home, during lunch, etc. because all of this time is supervisors to monitor time Also, rather than the entire work group monitoring compensable under FLSA. on-call rotation is recommended to reduce the SCADA or being woken by alarm calls, an of life. cost of overtime and improve employee quality 12. We have recommended that the compensation for being on-call be increased. employees are spending %, 1/3, and even in some cases % of their life on call. This Some significant burden on their free time, limits ability to go out of Town puts a have a beer or glass of wine on weekends, etc. shopping, fishing, etc., 13. We recommend that the Town consider movement toward the government. In working with over 200 local governments in North Council-Manager form of clear that when a town has a manager with professional Carolina, it has become performs more efficiently, training for that role, the organization service effectively, with less favoritism, and a higher level of excellence. One reason for this is that the form of customer more accountability since the Council holds the Counci-Manager government has the organization and the Manager holds Manager accountable for the performance of this will department heads accountable. As the Town become more important. The vast majority of Towns with grows, the Counci-Manager form of government. Data that illustrates this populations over 2500 use Towns that utilize this form of government also receive may be found on page 6. substantially better quality applicants 4 32 should they need to recruit for a Manager/Administrator because of the level of professionalism and more modern approach to government this reflects. 14. It is recommended that the City consider paying shift employees for their holiday time as it is earned. If a police officer, firefighter, treatment plant operator, etc. is off on Christmas, it is not because they have been given time off for Christmas, but rather because usually happened to be off in their regular shift rotation. That means that the Christmas they off is the same as their Saturday or Sunday off. They are still owed a holiday off. day they are If the time is accrued for later use, it is more costly than paying immediately for the reasons: following a. Taking the time off often requires another employee to work overtime and be compensated at time and one half. b. If the employee takes the time off several months later, or is paid for the time when he/she leaves the organization, it is usually at a higher hourly rate because of intervening pay raises. C. There are a number of cases where the combination of holiday, vacation and compensatory accrual are sO great that employees have been tempted into another job sO they can cash out. Turnover is very costly for the organization. taking 15. We recommend that the rate used to compensate police officers for off duty work scheduled through the department be monitored to always equal at least the time and one half rate in order to be fair to officers. 16. We are also providing an example of a Police Career Development Program on the following pages. Many departments have such a program and not having it can be a recruitment and retention issue. 17. We recommend that the Town take advantage of the automated time to reduce the time of everyone completing time sheets and payroll manually recording entering these. system The payroll system can also automatically accrue leave with every payroll which is more accurate and less work for payroll. 18. The current personnel policy contains a provision for pro-rating leave for staff based on the number of hours worked (or averaged) per week. It is not fair to give an employee who works an average 52 hour week the same amount of sick leave as an employee who works a hour workweek. It appears that this provision has not been followed. We have retained it 40 the new recommended policy. in 19. Payroll should maintain records of accrued compensatory time. This time is an unfunded liability for the Town. When an employee leaves, he or she must receive this unused time in a payout at 1.5 times the regular rate. If there are no clear records, this can be a for the Town. liability 20. All of these issues should be addressed by the new Human Resources Officer which is needed as soon as possible. 5 33 Police Career Development Program Example I. Purpose The purpose of this policy is to establish criteria for the below listed career development levels and to establish training, education and experience requirements for each. II. Procedure A. Police Officer Police Officers serve their first year as probationary employees. This probationary period may be extended for a period of up to six additional months for marginal officers if it is determined that they show promise of being successful and productive officers. Police Officers are eligible to receive a 5% probationary increase after six months of successful performance, prior to the end of probation, if performance warrants it. B. Senior Police Officer (SPO) - Eligibility 1. Officers must be in good standing with the police department. This includes meeting or exceeding performance standards for a period of at least twelve months. 2. Officers must not have received a written warning, suspension, or demotion for unsatisfactory performance or detrimental personal conduct in at least the last 12 months. 3. Officers must have a minimum of three years of law enforcement experience, and at least two years with the organization as a police officer. Honorable full-time military law enforcement experience is credible for this requirement, but will be valued at 1/4 time. 4. Officers must have accrued a minimum of 250 hours of training to be eligible for consideration. Basic Law Enforcement Training and required in-service training hours are not credible for this requirement. 5. Eligible Officers may submit a letter of request once they meet the qualifications for Senior Police Officer and must be approved by each level in the chain of command including the Police Chief to achieve this rank. 6. Senior Police Officers must maintain an overall performance evaluation rating of meets or exceeds standards. Officers who do not maintain this standard will be demoted to Police Officer with a loss of pay. Officers who achieve the Senior Police Officer rank will receive a 5% increase within the established salary range for Police Officer. 6 34 C. Master Police Officer (MPO) - Eligibility 1. Officers must be a Senior Police officer in good standing and have served as a SPO for at least two years. 2. Officers must have a minimum of six years of police experience. Four of these years must be consecutively served in any sworn capacity at this Police Department. 3. Officers must not have received a written warning, suspension, or demotion for unsatisfactory performance or detrimental personal conduct in at least the last 12 months. 4. Officers must have accrued a minimum of 400 hours of training including 40 hours of supervisory training, 15 hours of investigations training, and 3 hours of conflict resolution training. Basic Law Enforcement Training and required in-service is not credible for this requirement. training 5. Master Police Officers must maintain performance evaluation ratings of meets expectations or better to maintain this rank. Officers who do not maintain this standard will be demoted to Police Officer or Senior Police Officer with a loss of pay. Officers who achieve the Master Police Officer rank will receive a 5% increase within the established salary range for Police Officer. 7 35 Forms of Municipal Government 124 Mayor-Council (n=233) Mayor-Coundil with Administrator (n=72) a Council-Ma anager (n=249) Total=554 66 65 57 44 35 38 20 26 23 6 9 13 8 14 5 1 00 Below 500 500 - 1,000 1,000- 2,500- 5,000- 10,000- Above (139) (99) 2,500 5,000 (87) 10,000 25,000 25,000 (118) (49) (39) (23) Population (Total# Municipalities by Population) - UNC 8 36 37 0 38 11 39 TOWN OF LOUISBURG PERSONNEL POLICY BE IT RESOLVED by the Town Council of the Town of Louisburg that the following policies to the appointment, classification, benefits, salary, promotion, demotion, dismissal, and conditions apply of employment of the employees of the Town of Louisburg. Title Page ARTICLE I. GENERAL PROVISIONS Section 1. Purpose of the Policy 5 Section 2. AtWill Employment, 5 Section 3. Merit Principle 5 Section 4. Responsibilities in the Administration of the Human Resource 5 Management Program 5 Section 5. Application of Policies, Plan, Rules, and Regulations. 8 Section 6. Departmental Rules and Regulations. 8 Section 7. Definitions 8 ARTICLE II. POSITION CLASSIFICATION PLAN Section 1. Purpose 10 Section 2. Composition of the Position Classification Plan. 10 Section 3. Use of the Position Classification Plan. 10 Section 4. Administration of the Position Classification Plan 10 Section 5. Authorization of New Positions and the Position Classification Plan.. 10 10 Section 6. Request for Reclassification. Section 7. Maintenance of the Classification and Pay Plan. 11 11 ARTICLE HI. THE PAY PLAN., Section 1. Definition. 12 Section 2. Administration and Maintenance. 12 Section 3. Starting Salaries.. 12 Section 4. Trainee Designation and Provisions. 12 Section 5. Probationary Pay Increases 12 Section 6. Performance Pay 13 Section 7. Performance Pay Bonus 13 Section 8. Salary Effect of Promotions; Demotions, Transfers, 13 and Reclassifications. 13 Section 9. Salary Effect of Salary Range Revisions 14 Section 10. Transition to a New Salary Plan 14 Section 11. Effective Date of Salary Changes.. 14 Section 12. Payroll Deductions Section 13. Fair Labor Standards Act and Overtime Pay Provisions. 14 15 Section 14. Stand-by and Call-back Pay. Section 15. Hourly Rate of Pay. 16 16 Section 16. Pay for Interim Assignments in a Higher Level Classification 16 Section 17. Certification and Educational Increases 17 Section 18. Longevity Pay 17 1 1o ARTICLE IV. RECRUITMENT AND EMPLOYMENT. 18 Section 1. Equal Employment Opportunity Policy 18 Section 2. Implementation of Equal Employment Opportunity Policy 18 Section 3. Recruitment, Selection and Appointment 18 Section 4. Probationary Period 19 Section 5. Promotion 20 Section 6. Demotion 20 Section 7. Transfer 20 ARTICLE V. CONDITIONS OF EMPLOYMENT 21 Section 1. Work Schedule. 21 Section 2. Political Activity 21 Section 3. Outside Employment. 21 Section 4. Dual Employment. 22 Section 5. Employment of Relatives 22 Section 6. Harassment Prohibited. 22 Section 7. Gifts and Favors - Expectations of Ethical Conduct. 23 Section 8. Performance Evaluation. 24 Section 9. Safety 24 Section 10. Use of Town Property and Equipment. 24 Section 11. Substance Abuse Policy 24 Section 12. Driver's License 24 Section 13. Technology/Social Media Policy 24 Section 14. Weapons Prohibited. 25 Section 15. Whistle Blower Protection 25 Section 16. Use of Tobacco Products 25 Section 17. Direct Deposit 25 Section 18. Credentials and Certifications 25 Section 19. Lactation Support for Nursing Mothers 25 Section 20 Workplace Violence Prohibited 26 ARTICLE VI. EMPLOYEE BENEFITS 27 Section 1. Eligibility. 27 Section 2. Employee Group Health. 27 Section 3. Other Optional Insurance Plans 27 Section 4. Retirement 27 Section 5. Supplemental Retirement Benefits. 28 Section 6 Social Security 28 Section 7. Worker's Compensation, 28 Section 8. Unemployment Compensation 28 Section 9. Law Enforcement Separation Allowance 28 Section 10. Credit Union Membership 29 Section 11. Tuition Assistance Program 29 ARTICLE VII. HOLIDAYS AND LEAVES OF ABSENCE. 30 Section 1. Policy 30 Section 2. Holidays. 30 Section 3. Holidays: Effect on Other Types of Leave 30 Section 4. Holidays: Compensation When Work is Required or Regularly Scheduled Off for Shift Personnel. 30 Section 5. Vacation Leave 30 Section 6. Vacation Leave: Accrual Rate 30 2 Section 7. Vacation Leave: Use by Probationary Employees 31 Section 8. Vacation Leave: Maximum Accumulation. 31 Section 9. Vacation Leave: Manner of Taking. 31 Section 10. Vacation Leave: Payment upon Separation 31 Section 11. Vacation Leave: Payment upon Death. 32 Section 12. Sick Leave 32 Section 13. Sick Leave: Accrual Rate and Accumulation. 32 Section 14. Transfer of Sick Leave from Previous Employer. 32 Section 15. Sick Leave: Medical Certification.. 33 Section 16. Leave Prorated 33 Section 17. Bereavement Leave 33 Section 18. Family and Medical Leave.. 34 Section 19. Family and Medical Leave-Certification. 35 Section 20. Family and Medical Leave-Retention and Continuation of Benefits 35 Section 21. Paid Family Leave. 36 Section 22. Leave Without Pay. 36 Section 23. Worker's Compensation Leave 36 Section 24. Military and other USERRA Leave 37 Section 25. Reinstatement Following Military and other USERRA Service 38 Section 26. Civil Leave 39 Section 27. School / Volunteer Leave. 39 Section 28. Voluntary Shared Leave.. 39 Section 29. Adverse Weather/Hazardous Conditions. 39 ARTICLE VIII. SEPARATION AND REINSTATEMENT 41 Section 1. Types of Separations 41 Section 2. Resignation 41 Section 3. Reduction in Force. 41 Section 4. Disability 41 Section 5. Voluntary Retirement 41 Section 6. Death. 41 Section 7. Dismissal 42 Section 8. Reinstatement. 42 Section 9. Rehiring 42 Section 10. Exit Process and Pay and Deductions Upon Separation of Employment. 42 ARTICLE IX. UNSATISFACTORY JOB PERFORMANCE AND DETRIMENTAL PERSONAL CONDUCT 43 Section 1. Disciplinary Action for Unsatisfactory Job Performance 43 Section 2. Unsatisfactory Job Performance Defined 43 Section 3. Communication and Warning Procedures Preceding Disciplinary Action for Unsatisfactory Job Performance. 43 Section 4. Disciplinary Action for Detrimental Personal Conduct.. 44 Section 5. Detrimental Personal Conduct Defined 45 Section 6. Pre-dismissal Conference 45 Section 7. Non-Disciplinary Suspension 46 Section 8. Name Clearing Hearing. 46 3 42 ARTICLE X. GRIEVANCE PROCEDURE AND ADVERSE ACTION APPEAL 47 Section 1. Policy 47 Section 2. Grievance Defined 47 Section 3. Purposes of the Grievance Procedure 47 Section 4. Grievance Procedure 47 Section 5. Role of the Human Resources Officer. 49 Section 6. Grievance and Adverse Action Appeal Procedure for Discrimination. 49 ARTICLE XI. RECORDS AND REPORTS 50 Section 1. Public Information 50 Section 2. Access to Confidential Records 50 Section 3. Personnel Actions 51 Section 4. Records of Former Employees. 52 Section 5. Remedies of Employees Objecting to Material in File. 52 Section 6. Penalties for Permitting Access to Confidential Records 52 Section 7. Examining and/or Copying Confidential Material without Authorization 52 Section 8. Destruction of Records Reguiated.. 52 ARTICLE XII. MPLEMENTATION OF POLICIES 53 Section 1. Conflicting Policies Repealed 53 Section 2. Separability 53 Section 3. Amendments. 53 4 43 ARTICLE I. GENERAL PROVISIONS Section 1. Purpose of the Policy It is the purpose of this policy and the rules and regulations set forth to establish a fair and uniform system of personnel administration for all employees of the Town under the supervision of the Town Administrator. This policy is established under authority of Chapter 160A, Article 7, of the General Statutes of North Carolina. The Town Council reserves the right to modify the provisions of the Personnel Policy at any time. Section 2. At Will Employment The Town of Louisburg is an "at will" employer. Nothing in this policy creates an employment contract or term between the Town and its employees. No employee, officer or representative of the Town has the authority to enter into any agreement or representation, verbally or in writing, which alters, amends or contradicts this provisions in these policies. Any exception to this policy of at-will employment must be expressly authorized in writing and approved by the Town Council. Section 3. Merit Principle All appointments and promotions shall be made solely on the basis of merit. Decisions regarding appointments and promotions are within the Town's discretion. All positions requiring the performance of the same duties and fulfillment of the same responsibilities shall be assigned to the same class and the same salary range. No applicant for employment or employee shall be deprived of employment opportunities or otherwise adversely affected as an employee because of such individual's race, religion, color, sex, national origin, sexual orientation, age, veteran status, marital status, political affiliation, non-disqualifying disability, genetic information, or on the basis of actual or perceived gender as expressed through dress, appearance or behavior. Section 4. Responsibilities in the Administration of the Human Resource Management Program Responsibilities of the Town Council The Town Council shall be responsible for establishing and approving personnel policies, the position classification and pay plan, and may change the policies and benefits as necessary. They also shall make and confirm appointments when SO specified by the North Carolina General Statutes including the appointment of the Town Administrator and Town Attorney. Responsibilities of the Town Administrator The Town Administrator shall be accountable to the Town Council for the administration and technical direction of the personnel program. The Town Administrator shall appoint, suspend, and remove all Town employees except those whose appointment is otherwise provided for by law. The Town Administrator shall make appointments, dismissals and suspensions in accordance with the Town Charter and other policies and procedures spelled out in other Articles in this Policy. The Town Administrator shall supervise or perform: a) recommending rules and revisions to the personnel system to the Town Council for consideration; 5 44 b) making changes as necessary to maintain an up-to-date and accurate position classification plan; c) preparing and recommending necessary revisions to the pay plan; d) determining which employees shall be subject to the overtime provisions of Fair Labor Standards Act (FLSA); e) establishing and maintaining a roster of all persons and authorized positions in the municipal service, setting forth each position and employee, class title of position, salary, any changes in class title and status, and such data as may be desirable or useful; f) developing and administering such recruiting programs as may be necessary to obtain an adequate supply of competent and diverse applicants to meet the needs of the Town; g) developing and implementing such administrative procedures as are necessary to implement these polices provided the administrative procedures are not in conflict with these policies; h) establishing a culture of mutual respect and courtesy for elected officials, Administrators and supervisors, employees and the general public; i) performing such other duties as may be required by law or assigned by the Town Council not inconsistent with this Policy; and J) appointing an employee to the role of Human Resources Officer. Responsibilities of the Human Resources Officer The Town Administrator shall appoint a Human Resources Officer or perform this role him/herself and delegate any or all of the responsibilities listed below. The responsibilities of the Human Resources Officer, in collaboration with staff designated by the Town Administrator, are to make recommendations to the Town Administrator on the following: a) policies and revisions to the personnel system for the Town Administrator's consideration; b) changes as necessary to maintain an up-to-date and accurate position classification plan; c) necessary revisions to the pay plan; d) which employees shall be subject to the overtime provisions of FLSA; e) maintenance of a roster of all persons in the municipal service; f) establishment and maintenance of a list of authorized positions in the municipal service at the beginning of each budget year which identifies each authorized position, class title of position, salary range, any changes in class title and status, position number and other such data as may be desirable or useful; g) development and administration of such recruiting programs as may be necessary to obtain an adequate supply of competent applicants to meet the needs of the Town; h) development and/or coordination of training and educational programs for Town employees; 6 45 ) development and recommendation of such administrative procedures as are necessary to implement these polices provided the administrative procedures are not in conflict with these policies; j) periodic evaluations of the operation and effectiveness of the personnel provisions of this Policy; k) actions that are needed to address barriers to effective employee communication, productivity, engagement, and morale; and ) such other duties as may be assigned by the Town Administrator not inconsistent with this Policy. Responsibilities of Department Directors and Supervisors Department directors and supervisors shall meet their responsibilties as directed by the Town Administrator, being guided by this Policy and Town ordinances. The Town will require all department directors and supervisors to meet their responsibilities by: a) dealing with all employees in a fair and equitable manner and upholding the principles of equal employment opportunities; b) developing and motivating employees to reach their fullest potential through continued education and training; c) making objective evaluations of individual work performance and discussing these evaluations with each employee sO as to bring about needed improvements; d) keeping employees informed of their role in accomplishing the work of their unit and of conditions or changes affecting their work; e) making every effort to resolve employee problems and grievances and advising employees of their rights and privileges; f) cooperating and coordinating with other staff members in work flow and distribution of information; g) making proper performance documentation and maintaining current performance files; and h) abiding by the provisions of these policies and ensuring employees abide by same. Responsibilities of Employees Teamwork is an important part of an effective organization. Just as Administrators and supervisors are responsible for keeping employees informed on relevant issues, employees are responsible for keeping their supervisors informed on relevant work issues. Employees are responsible for: a) following the chain of command in addressing work-related issues; b) reporting any relevant information through his or her supervisor to the Town Administrator sO the Town Administrator is always making decisions based on complete information; 7 46 c) coming to work dressed and groomed appropriately to serve the public; d) referring any citizen issues that cannot be resolved satisfactorily through the chain of command; employees should not refer citizens to elected officials for operational issues; and e) keeping supervisors informed on any issues that serve as barriers to effective work performance or teamwork within the work unit. Section 5. Application of Policies, Plan, Rules, and Regulations The personnel policy and all rules and regulations adopted pursuant thereto shall be binding on all Town employees. Members of the Town Council and advisory Councils and commissions will be exempted except in sections where specifically included. An employee violating any of the provisions of this policy shall be subject to appropriate disciplinary action, as well as prosecution under any civil or criminal laws which have been violated. Section 6. Departmental Rules and Regulations Because of the particular personnel and operational requirements of the various departments of the Town, each department is authorized to establish supplemental written rules and regulations applicable only to the personnel of that department. All such rules and regulations shall be subject to review by the Human Resources Officer and the approval of the Town Administrator, and shall not in any way conflict with the orovisions of this Policy, but shall be considered as a supplement to this Policy. Section 7. Definitions Most definitions are found in the section of the policy addressing the specific issue. For the purposes of this Policy, the following words and phrases shall have the meanings respectively ascribed to them by this section: Exempt employee. An employee not subject to the Wage and Hour Provisions of the Fair Labor Standards Act meeting the definition of Administrative, Professional and Executive exemption. Full-time employee. An employee who is in a position for which an average work week equals 37 hours, and continuous employment of at least 12 months are required by the Town. Limited Service employee. An employee, not in a permanent position, for which either the average work week required by the Town over the course of a year is less than 20 hours, or continuous employment required by the Town is less than 12 months. This includes temporarily funded internships, fellowships, and related time limited positions. Non-exempt employee. An employee in a position that is subject to the Wage and Hour Provisions of the Fair Labor Standards Act. Part-time employee. An employee who is in a position for which an average work week is at least 20 hours and less than 37 hours. Permanent position. A position authorized as a regular position by the Town Council. Regular permanent positions are assigned a specific job title, salary grade, salary range, duties and minimum qualifications. Appointments to permanent positions are made through a competitive selection 8 47 process. All Town positions are subject to budget review and approval each year by the Town Council. Probationary employee. An employee appointed to a full or part-time position who has not yet successfully completed the designated probationary period. Regular employee. An employee appointed to a full or part-time position who has successfully completed the designated probationary period. Trainee. An employee status when an applicant is hired (or employee promoted) who does not meet all of the requirements for the position. During the duration of a trainee appointment, the employee is on probationary status. 9 48 ARTICLE II. POSITION CLASSIFICATION PLAN Section 1. Purpose The position classification plan provides a complete inventory of all authorized and permanent positions in the Town service, and an accurate description and specification for each class of employment. The plan standardizes job titles, each of which is indicative of a definite range of duties and responsibilities. Section 2. Composition of the Position Classification Plan The classification plan shall consist of: a) a grouping of positions in classes which are approximately equal in difficulty and responsibility which call for the same general qualifications, and which can be equitably compensated within the same range of pay under similar working conditions; b) class titles descriptive of the work of the class; c) written specifications for each class of positions; and d) an allocation list showing the class title of each position in the classified service. Section 3. Use of the Position Classification Plan The Classification plan is to be used: a) as a guide in recruiting and examining applicants for employment, b) in determining lines of promotion and in developing employee training programs; c) in determining salary to be paid for various types of work; d) in determining personnel service items in departmental budgets; and e) in providing uniform job terminology. Section 4. Administration of the Position Classification Plan The Town Administrator or his/her designee shall allocate each position covered by the classification plan to its appropriate class, and shall be responsible for the administration of the position classification plan. The Human Resources Officer shall periodically review portions of the Classification plan and recommend appropriate changes to the Town Administrator who shall recommend needed changes to the Town Council. Section 5. Authorization of New Positions and the Position Classification Plan New positions shall be established upon recommendation of the Town Administrator and approval of the Town Council. New positions shall be recommended to the Town Council with a recommended class title after which the Human Resources Officer, with the approval of the Town Administrator, shall either allocate the new position into the appropriate existing class, or revise the position classification plan to establish a new class to which the new position may be allocated. The position Classification plan, along with any new positions or classifications, shall be approved by the Town Council and will 10 49 be on file with the Human Resources Officer. Copies will be available for review to all Town employees upon request. Section 6. Request for Reclassification Any employee who considers the position in which he or she is classitied to be improper shall submit a request in writing for reclassification to such employee's immediate supervisor, who shall transmit the request through the department director to the Human Resources Officer. Upon receipt of such request, the Human Resources Officer shall study the request, determine the merit of the reclassification, and recommend to the Town Administrator a revision to the classification and pay plan where necessary and such revision shall be approved by the Town Council. Section 7. Maintenance of the Classification and Pay Plan Because job duties change over time and the market pay rate changes at different rates for different jobs, comprehensive Classification and pay plan reviews are needed periodically. When the organization is stable and budget allows, reviews are needed approximately every five years. When there is significant growth and/or change in the organization, comprehensive reviews are needed more frequently. 11 50 ARTICLE III. THE PAY PLAN Section 1. Definition The pay plan includes the basic salary schedule and the "Allocation of Classes to Grades" adopted by the Town Council. The salary schedule consists of hiring, minimum (normally probation completion), midpoint and maximum rates of pay for all classes of positions. Section 2. Administration and Maintenance The Town Administrator, assisted by the Human Resources Officer, shall be responsible for the administration and maintenance of the pay plan. All employees covered by the pay plan shall be paid at a rate listed within the salary range established for the respective position classification, except for employees in a trainee status or employees whose existing salaries are above the established maximum rate following transition to a new pay plan. The pay plan is intended to provide equitable compensation for all positions, reflecting differences in the duties and responsibilities, the comparable rates of pay for positions in private and public employment in the area, changes in the cost of living, the financial conditions of the Town, and other factors. To this end, each budget year Human Resources may make comparative studies of all factors affecting the level of salary ranges including the consumer price index, anticipated changes in surrounding employer plans, and other relevant factors, and recommend to the Town Administrator such changes in salary ranges as appear to be pertinent. Such changes shall be made in the salary ranges such that the hiring rate, minimum, midpoint, and maximum rates change according to the market subject to approval by the Town Council. Section 3. Starting Salaries All persons employed in positions approved in the position classification plan shall be employed at the hiring rate for the classification in which they are employed; however, exceptionally well qualified applicants may be employed above the hiring rate of the established salary range upon recommendation of the department director and Human Resources Officer and approval of the Town Administrator. Section 4. Trainee Designation and Provisions Applicants being considered for employment or Town employees who do not meet all of the requirements for the position for which they are being considered may be hired, promoted, demoted, or transferred by the Town Administrator to a "trainee" status. In such cases, a plan for training, including a time schedule, must be prepared by the department director. "Trainee" salaries shall be no more than two salary grades below the hiring rate established for the position for which the person is being trained. A new employee designated as trainee" shall be regarded as being in a probationary period. However, probationary periods shall be no less than six months and trainee periods may extend up to eighteen months. A trainee shall remain a probationary employee until the trainee period is satisfactorily completed. If the training is not successfully completed to the satisfaction of the Department Head and Town Administrator, the trainee shall be transferred, demoted, or dismissed. If the training is successfully completed, the employee shall be paid at least at the hiring rate established for the position for which the employee was trained. 12 S Section 5. Probationary Pay Increases Employees hired or promoted into the hiring rate of the pay range will receive a salary increase of approximately 5% upon successful completion of the probationary period or upon six months of satisfactory service if the employee is not on probation. Employees serving a twelve-month probationary period are eligible for consideration based on performance for this pay increase after six months of successful employment. Employees with a twelve-month probationary period who receive an increase at the six-month review will not be eligible for an increase at the end of the twelve-month probationary period. Section 6. Performance Pay Upward movement within the established salary range for an employee is not automatic, but rather based upon specific performance-related criteria and available funds. Procedures for determining performance levels and performance pay increases or other performance-related movement within the range shall be established in procedures approved by the Town Administrator. Section 7. Performance Pay Bonus Employees who are at the maximum amount of the salary range for their position classification are eligible to be considered for a performance pay bonus at their regular performance evaluation time. Performance pay bonuses shall be awarded based upon the performance of the employee as described in the performance evaluation and in the same amounts as employees who are within the salary range. Performance pay bonuses shall be awarded in lump sum payments and do not become part of base pay. Section 8. Salary Effect of Promotions, Demotions, Transfers, and Reclassifications Promotions. The purpose of the promotion pay increase is to recognize and compensate the employee for taking on increased responsibility. When an employee is promoted, the employee's salary shall normally be advanced to the hiring rate of the new position, or to a salary which provides an increase of at least 5% over the employee's salary before the promotion, whichever is greater. In the event of highly skilled and qualified employees, shortage of qualified applicants, or other reasons related to the merit principle of employment, the Town Administrator may set the salary at an appropriate rate in the range of the position to which the employee is promoted that best reflects the employee's qualifications for the job and relative worth to the Town, taking into account the range of the position and relative qualifications of other employees in the same Classification. In no event, however, shall the new salary exceed the maximum rate of the new salary range. In setting the promotion salary, the Town shall consider internal comparisons with other employees in the same or similar jobs. Demotions. Demotion is the movement of an employee from one position to a position in a class assigned to a lower salary range. When an employee is demoted to a position for which qualified, the salary shall be set at the rate in the lower pay range which provides a salary commensurate with the employee's qualifications to perform the job and consistent with the placement of other employees within the same classification in that salary range. If the current salary is within the new range, the employee's salary may be retained at the previous rate if appropriate. If the demotion is the result of discipline, the salary shall be decreased at least 5%. Salaries of demoted employees may be no greater than the maximum of the new range. 13 52 Transfers. The salary of an employee reassigned to a position in the same class or to a position in a different class within the same salary range shall not be changed by the reassignment. Reclassifications. An employee whose position is reclassified to a class having a higher salary range shall receive a pay increase consistent with the implementation strategy or an increase to the hiring rate of the new pay range, whichever is higher. If the employee has completed probation, the employee's salary shall be advanced to at least the probation completion amount in the new range. If the position is reclassified to a lower pay range, the employee's salary shall remain the same. If the employee's salary is above the maximum established for the new range, the salary of that employee shall be maintained at the current level with no increases to base pay until the range is increased above the employee's salary. Section 9. Salary Effect of Salary Range Revisions When an individual class of positions is assigned to a higher salary range, employees in that class shall normally receive a pay increase consistent with the implementation strategy or to the minimum rate of the new range, whichever is higher. If the employee has passed probation, the employee's salary shall be advanced at least to the probation completion amount in the new range. When a class of positions is assigned to a lower salary range, the salaries of employees in that class will remain unchanged. If this assignment to a lower salary range results in an employee being paid at a rate above the maximum rate established for the class, the salary of that employee shall be maintained at that level with no increases in base pay until such time as the employee's salary range is increased above the employee's current salary. Section 10. Transition to a New Salary Plan The following principles shall govern the transition to a new salary plan: a) no employee shall receive a salary reduction as a result of the transition to a new salary plan; b) all employees being paid at a rate lower than the minimum rate established for their respective classes shall have their salaries raised at least to the new minimum rate for their classes; c) all employees being paid at a rate below the maximum rate established for their respective classes shall be paid at a rate within the salary schedule; and d) all employees being paid at a rate above the maximum rate established for their respective classes shall have their salaries maintained at that salary level with no increases until such time as the employees' salary range is increased above the employees' current salary. Section 11. Effective Date of Salary Changes Salary changes approved after the first working day of a pay period shall become effective at the beginning of the next pay period, or at such specific date as may be provided by procedures approved by the Town Administrator. Section 12. Payroll Deductions Deductions shall be made from each employee's salary as required by law. Additional deductions may be made for insurance or for other reasons as authorized by the Town Administrator considering 14 53 the capability of the payroll system, associated increase in workload, and appropriateness of the deduction. Section 13. Fair Labor Standards Act and Overtime Pay Provisions Employees of the Town can be requested and may be required to work in excess of their regularly scheduled hours as necessitated by the needs of the Town and determined by the department director. Overtime work should normally be approved in advance by the department director, Town Administrator or other designee. To the extent that local government jurisdictions are sO required, the Town will comply with the Fair Labor Standards Act (FLSA). The Town Administrator or his/her designee shall determine which jobs are "non-exempt" and are therefore subject to the Act in areas such as hours of work and work periods, rates of overtime compensation, and other provisions. Non-Exempt Employees Employees are expected to work during all assigned periods exclusive of breaks or mealtimes. Employees are not to perform work at any time that they are not scheduled to work, unless they receive approval from their department director or supervisor, except in cases of emergency. Department directors are responsible for ensuring that overtime hours are authorized, recorded, and properly documented for compensatory time off or overtime pay in accordance with the established record keeping forms and instructions. Non-exempt employees will be paid at a straight time rate for hours up to the FLSA established limit for their position (usually 40 hours in a 7-day period; 171 hours for sworn police and 212 for fire staff in a 28 day cycle). Hours worked beyond the FLSA established limit will be compensated in either compensatory time or pay at the appropriate overtime rate. In determining eligibility for overtime in a work period, only hours actually worked shall be considered; in no event will vacation, sick leave, or holidays be included in the computation of hours worked for FLSA purposes. Whenever practical, departments will schedule time off on an hour-for-hour basis within the applicable work period for non-exempt employees, instead of paying overtime. When time off within the work period cannot be granted, overtime worked will be compensated in accordance with the FLSA. If compensatory time is accrued, it may be taken in 15-minute increments, not to exceed scheduled hours per day. Compensatory time must be taken before any vacation or sick leave. Compensatory time is available for use once it has been earned. Compensatory leave oalances may not exceed 240 hours except for public safety employees who may not accrue more than 480 hours. Any overtime worked after such maximum balances must be compensated in pay. The Town Administrator will be notified whenever a compensatory balance exceeds 100 hours. The Administrator may decide to pay overtime at any time a compensatory time balance exceeds a desirable level, subject to budget availability. In emergency conditions, when long and continuous work is required over multiple days, the Town Administrator shall approve special overtime compensation for hours worked including time on weekends and holidays. Exempt Employees Employees in positions determined to be "exempt" from the FLSA (as Executive, Administrative or 15 54 Professional staff) are paid on a salary basis and will not receive pay for hours worked in excess of their normal work periods. These employees may be granted professional leave" on an hour for hour basis, as approved by their supervisor where the convenience of the department allows and in accordance with procedures established by the Town Administrator. Professional leave may not exceed a balance of 40 hours. Such leave is not guaranteed to be taken and ends without compensation upon separation from the organization. In declared disaster or emergency situations or other situations as determined by the Town Administrator or Town Council requiring long and continuous hours of work, exempt employees will be compensated at an overtime rate and granted time off with pay for rest and recuperation to ensure safe working conditions for the duration of the emergency period. Section 14. Stand-by and Call-back Pay The Town provides a continuous twenty-four hour a day, seven day a week service to its customers. Therefore, it is necessary for certain employees to respond to any reasonable request for duty at any hour of the day or night. One of the conditions of employment with the Town is the acceptance of a share of the responsibility for continuous service, in accordance with the nature of each job position. If an employee fails to respond to reasonable calls for emergency service, either special or routine, the employee shall be subject to disciplinary actions up to and including dismissal. Stand-by. Stand-by ("on-call") time is defined as that time when an employee must carry a pager or other communication device and must respond immediately to calls for service. Non-exempt employees required to be on "stand-by" duty at a frequency of more than one week out of every six weeks will be paid for 7 hours for each week of on-call time they serve. Hours actually worked while on standby are calculated beginning when the employee is en route to the work site and are added to the regular total of hours worked for the week. This does not apply to employees who are subject to being called back but are not officially designated to respond during a specific time. The Town Administrator will approve the standby rotation for each department. Standby time requiring an employee to remain at a designated location or otherwise substantially restrict personal activities in order to be ready to respond when called is considered work time under the provisions of the FLSA. Call-back. Non-exempt employees will be guaranteed a minimum payment of two hours of wages for being called back to work outside of normal working hours. Non-exempt employees will be paid at the established hourly rate of pay for hours worked outside their normal schedule if they are actually required to return to work and will receive overtime compensation for eligible overtime hours. The minimum of two hours pay is guaranteed for non-exempt employees who are called back or for the actual hours worked, whichever is greater. "Call-back" provisions do not apply to previously scheduled overtime work (scheduled one or more days in advance). If more than one callback occurs within a given shift, total callback time cannot exceed two hours unless the work time exceeds two hours. Section 15. Hourly Rate of Pay Employees working in a part-time or Limited Service capacity with the same duties as full-time employees will normally work at a rate in the same salary range as the full-time employees. The hourly rate for employees working other than 40 hours per week, such as shift police officers working an average of 42 hours per week, will be determined by dividing the average number of hours scheduled per year into the annual salary for the position. 16 SS Section 16. Pay for Interim Assignments in a Higher-Level Classification An employee who is formally designated, for a period of at least 30 days or more, to perform the duties of a job that is assigned to a higher salary grade than that of the employee's regular classification shall normally receive an increase for the duration of the interim assignment. The employee shall receive a salary adjustment to the minimum rate of the job in which the employee is acting or an increase of 5%, whichever is greater. Criteria involved in determining the amount of the compensation will include: a) the difference between the existing job and that being filled on a temporary basis, and b) the degree to which the employee is expected to fulfill all the duties of the temporary assignment. The salary increase shall be temporary and upon completion of the assignment, the employee shall go back to the salary he or she would have had if not assigned in the interim role, taking into account any increase the employee would have received if not placed in the interim role. Section 17. Certification and Educational Increases The Town Administrator shall establish a schedule of salary increases to reward employees for attaining and maintaining certifications and obtaining degrees that increase the employee's value to the Town. These increases should reflect certifications and/or degrees that exceed the requirements on the position classification specification. Section 18. Longevity Pay Full-time employees of the Town may be compensated for years of continuous service with the Town of Louisburg by payment of a longevity supplement as listed below. This compensation is paid at the end of November at a time designated by the Town Administrator. Continuous service is continuous employment including any approved leave or involuntary reduction in force. Years of Service Amount 0-4 4 year $ 100 5 - 9 years $ 300 10 - 14 years $ 500 15 - 19 years $ 750 20 plus years $1000 17 56 ARTICLE IV. RECRUITMENT AND EMPLOYMENT Section 1. Equal Employment Opportunity Policy It is the policy of the Town to foster, maintain and promote equal employment opportunity. The Town shall select employees on the basis of the applicant's qualifications for the job and award them with respect to compensation and opportunity for training and advancement, including upgrading and promotion, without regard to race, religion, color, sex, national origin, sexual orientation, age, veteran status, marital status, political affiliation, disability, genetic information, or on the basis of actual or perceived gender as expressed through dress, appearance or behavior. Applicants with physical disabilities shall be given equal consideration with other applicants for positions in which their disabilities do not represent an unreasonable barrier to satisfactory performance of essential duties with or without reasonable accommodation. It is a violation of Town policy to retaliate in any way against an employee who assists, participates in, or supports this policy or anyone making a bona-fide complaint under this policy or who participates or assists in any EEOC, OSHA or other internal or external processes protected by law. Section 2. Implementation of Equal Employment Opportunity Policy The Human Resources Officer and all personnel responsible for recruitment and employment will continue to review regularly the implementation of this Personnel Policy and relevant practices to assure that equal employment opportunity based on reasonable, job-related requirements is being actively observed to the end that no employee or applicant for employment shall suffer discrimination because of race, religion, color, sex, national origin, sexual orientation, age, veteran status, marital status, political affiliation, disability, genetic information, or on the basis of actual or perceived gender as expressed through dress, appearance or behavior. Notices with regard to equal employment matters shall be posted in conspicuous places on Town premises in places where notices are customarily posted. Section 3. Recruitment, Selection and Appointment Recruitment Sources. When position vacancies occur, the Human Resources Officer shall publicize these opportunities for employment, including applicable salary information and employment qualifications. Information on job openings and hiring practices will be provided to recruitment sources, including organizations and news media available to minority applicants. In addition, notice of vacancies shall be posted at designated conspicuous Town sites. Individuals shall be recruited from a geographic area as wide as necessary and for a period of time sufficient to ensure that well- qualified applicants are obtained for Town service. In rare situations because of emergency conditions, high turnover, etc., the Town may hire or promote without advertising jobs upon approval of the Town Administrator. Job Advertisements. Jobs will be advertised in local area newspapers, professional publications, and other relevant publications, as needed, in order to establish a diverse and qualified applicant pool. Vacancy notices should be posted in all Town employment locations. Employment advertisements shall contain assurances of equal employment opportunity and shall comply with Federal and State statutes. Application for Employment. All persons expressing interest in employment with the Town shall be given the opportunity to file an application for employment for positions which are being recruited. The Town accepts applications and resumes only for vacant advertised positions. 18 57 Application Reserve File. Applications shall be kept in an inactive reserve file for a period of two years in accordance with Equal Employment Opportunity Commission guidelines. Selection. Department directors, with the assistance of the Human Resources Officer, shall make such investigations and conduct such examinations as necessary to assess accurately the knowledge, skills, and experience qualifications required for the position, including criminal history where job-related. All selection devices administered by the Town shall be valid measures of job performance. References and Background Investigations. Before any commitment is made to an applicant, the Town will conduct reference checks regarding the employee's qualifications and work performance. In addition, physical examinations, drug screening and criminal background investigations may be performed. Conviction of a crime is not automatically disqualifying. The Town will consider the severity of the crime, degree to which the crime is job related to the job for which the applicant is being considered, and length of time since the conviction to determine the degree to which there is a business necessity for choosing not to hire the applicant. Appointment. Before any commitment is made to an applicant either internal or external, the department director shall make recommendations to the Human Resources Officer including the position to be filled and the salary to be paid. The Human Resources Officer and department director shall recommend approval of appointments and the starting salary for all applicants to the Town Administrator. The Town Administrator or his/her designee shall approve appointments and the starting salary for all applicants. The Administrator may determine terms of employment to include crediting service time for employees within the retirement system for the purposes of leave accrual and longevity. Section 4. Probationary Period An employee appointed or promoted to a permanent position shall serve a probationary period. Employees shall serve a six-month probationary period, except that employees in police and fire shift staff and department directors shall serve a twelve-month probationary period. Employees hired as trainees" shall remain on probation until the provisions of their traineeship are satisfied. During the probationary period, supervisors shall monitor an employee's performance and communicate with the employee concerning performance progress. Employees serving a twelve-month probation shall have a probationary review at the end of six months as well as before the end of twelve months. An important purpose of the probationary period is to serve as a trial period during which the employee demonstrates his or her ability to perform the work, demonstrates good work habits and the ability to work effectively with the public and coworkers. Before the end of the probationary period, the supervisor shall conduct a performance evaluation conference with the employee and discuss accomplishments, strengths, and needed improvements. A summary of this discussion shall be documented in the employee's personnel file. The supervisor shall recommend in writing whether the probationary period should be completed, extended, or the employee transferred, demoted, or dismissed. With approval of the Town Administrator probationary periods may be extended for a maximum of six additional months. Disciplinary action, including demotion and dismissal, may be taken at any time during the probationary period of a new hire without following the steps outlined in this policy for disciplinary action. A new hire probationary employee who separates from Town employment, either voluntarily or involuntarily, during the probationary period is not eligible for terminal pay for accrued annual leave. A promoted employee who does not successfully complete the probationary period may be transferred or demoted to a position in which the employee shows promise of success. If no such 19 58 position is available, the employee shall be dismissed. Promoted and demoted employees who are on probation retain all other rights and benefits. Section 5. Promotion Promotion is the movement of an employee from one position to a vacant position in a class assigned to a higher salary range. It is the Town's policy to create career opportunities for its employees whenever possible. Therefore, when a current employee applying for a vacant position is best suited of all applicants, that applicant shall be appointed to that position. The Town will balance three goals in the employment process: a) the benefits to employees and the organization of promotion from within; b) providing equal employment opportunity and a diversified workforce to the community; and c) obtaining the best possible employee who will provide the most productivity in that position. Therefore, except in rare situations where previous Town experience is essential (such as promotions to Police Sergeant or Fire Captain), or exceptional qualifications of an internal candidate sO indicate, the Town will conduct an open recruitment and consider external and internal candidates simultaneously rather than automatically promote from within. Candidates for promotion shall be chosen on the basis of their qualifications and their work records. Internal candidates shall apply for promotions using the same application process as external candidates. Section 6. Demotion Demotion is the movement of an employee from one position to a position in a class assigned to a lower salary range. Demotion may be voluntary or involuntary. An employee whose work or conduct in the current position is unsatisfactory may be demoted provided that the employee shows promise of becoming a satisfactory employee in the lower position. Such disciplinary demotion shall follow the disciplinary procedures outlined in this Policy. An employee who wishes to accept a position with less complex duties and reduced responsibilities may request a demotion. A voluntary demotion is not a disciplinary action and is made without using the above-referenced disciplinary procedures. Section 7. Transfer Transfer is the movement of an employee from one position to a position in a class in the same salary range. If a vacancy occurs and an employee in another department is eligible for a transfer, the employee shall apply for the transfer using the usual application process. A department director wishing to transfer an employee to a different department or classification shall make a recommendation through the Human Resources Officer to the Town Administrator with the consent of the receiving department director. Any employee transferred without requesting the action may appeal the action in accordance with the grievance procedure outlined in this Policy. Notwithstanding the employee's right to file a grievance, the Town reserves the right to transfer employees either temporarily or permanently when doing SO will serve the Town's best interest. An employee who has successfully completed a probationary period may be transferred into the same classification without serving another probationary period. 20 59 ARTICLE V. CONDITIONS OF EMPLOYMENT Section 1. Work Schedule Department directors shall establish work schedules, with the approval of the Town Administrator which meet the operational needs of the department in the most cost-effective manner possible. Section 2. Political Activity Each employee has a civic responsibility to support good government by every available means and in every appropriate manner. Each employee may join or affiliate with civic organizations of a partisan or political nature, may attend political meetings, may advocate and support the principles or policies of civic or political organizations in accordance with the Constitution and laws of the United States and the State of North Carolina. However, no employee shall: a) engage in any political or partisan activity while on duty; b) use official authority or influence for the purpose of interfering with or affecting the result of a nomination or an election for office; c) be required as a duty of employment or as condition for employment, promotion or tenure of office to contribute funds for political or partisan purposes; d) coerce or compel contributions from another employee of the Town for political or partisan purposes; e) use any supplies or equipment of the Town for political or partisan purposes; f) display any political advertisement in or on Town property; or g) be a candidate for nomination or election to office under the Town Charter. Any violation of this section shall subject the employee to disciplinary action, including dismissal. Section 3. Outside Employment The work of the Town shall have precedence over other occupational interests of employees. All outside employment for salaries, wages, or commissions and all sell-employment must be reported in writing in advance to the employee's supervisor, who in turn will report it to the department director. The department director will review such employment for possible conflict of interest and then submit a record of the employment to the Town Administrator for review and approval. Approval of outside employment shall be reviewed annually and may be revoked at any time should it be found to cause a conflict with the employee's position with the Town. Conflicting and/or unreported outside employment are grounds for disciplinary action up to and including dismissal. Documentation of the approval of outside employment will be placed in the employee's personnel file. Examples of conflicts of interest in outside employment include but are not limited to: a) employment with organizations or in capacities that are regulated by the employee or employee's department; or b) employment with organizations or in capacities that negatively impact the employee's perceived integrity, neutrality, or reputation related to performance of the employee's Town 21 60 duties. Section 4. Dual Employment The Town prohibits any employee from holding more than one position with the Town if the combined positions will result in the employee working more than 40 hours per week in any week of the year unless approved by the Town Administrator. The Town will consult and follow FLSA regulations in all dual employment cases to ensure that the regulations are followed. Section 5. Employment of Relatives The Town prohibits the hiring, promotion and employment of immediate family in full or part-time positions within the Town if such employment would result in one family member supervising another or if one member will occupy a position of influence over another member's employment or any condition of employment. Examples of potential influence include but are not limited to hiring, promotions, salary administration, internal audit and disciplinary action. For the purposes of this Article, immediate family shall be defined as spouse, child, parent, sibling, grandparent, and grandchild, to include in-law, step and half relationships, cousins. The definition for this Article also includes individuals living in the same household who share a relationship comparable to immediate family members or intimate relationship. Existing relationships at the time of policy adoption are grandfathered under this Section. The Town also prohibits the employment of any person into a permanent position who is an immediate family member of individuals holding the following positions: Mayor, Town Council Member, Town Administrator, Finance Director, Human Resources Officer, Town Clerk, or Town Attorney. Other circumstances may also prohibit the hiring of family members. Otherwise, the Town will consider employing family members or related persons in the service of the Town, provided that such employment does not: a) result in a relative supervising relatives; b) result in a relative auditing the work of a relative; c) create a conflict of interest with either relative and the Town; or d) create the potential or perception of favoritism. This provision shall not apply retroactively to anyone employed when the provision was adopted by the Town. Section 6. Harassment Prohibited The Town prohibits harassment in any form that is based on race, religion, color, sex, national origin, sexual orientation, age, veteran status, marital status, political affiliation, disability, genetic information, or on the basis of actual or perceived gender as expressed through dress, appearance or behavior. Harassment is defined as conduct that culminates in tangible employment action or is sufficiently severe or pervasive as to create a hostile work environment. A particular form of harassment, sexual harassment, is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: 22 61 a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or c) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Sexual harassment includes repeated offensive sexual remarks, continual or repeated comments about an individual's body and offensive sexual language. Any employee who believes that he or she may have a complaint of harassment may follow the Grievance Procedure described in this Policy or may file the complaint directly with the Human Resources Officer, department director, Town Administrator or Town Attorney. Anyone receiving a complaint will make the Human Resources Officer aware of the complaint. The Human Resources Officer will ensure that an investigation is conducted into any allegation of harassment and advise the employee and appropriate management officials of the outcome of the investigation. Employees who are found to be engaged in harassment are subject to disciplinary action up to and including dismissal. Employees making complaints of harassment are protected against retaliation from alleged harassers or other employees. Employees witnessing harassment shall also report such conduct to an appropriate Town management official. All claims of harassment will be thoroughly investigated. Employees are expected to report claims of harassment in good faith and the information provided to be truthful to the best of their knowledge. The Town will endeavor to keep complaints, investigations and resolutions confidential to the extent possible, but the Town cannot compromise its obligation to investigate complaints. Section 7. Gifts and Favors - Expectation of Ethical Conduct The proper operation of Town government requires that public officials and employees be independent, impartial, and responsible to the people; that governmental decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. Therefore, no official or employee of the Town may willfully receive or accept gifts or favors of any value, at any time, on or off the work premises, from vendors. This no-gift policy includes vendor or potential vendor provided food, beverages, meals or entertainment such as sporting events. This no-gift policy includes any business courtesy offered such as a product discount or any other benefit if the benefit is not extended to all employees. Exceptions to this policy include receipt of a gift or honorarium for participation in meetings, receipt of advertising items or souvenirs of nominal value, or receipt of meals furnished at conferences and banquets. Full participation by officials or employees of the Town in activities of professional organizations in which they are a member is permitted even though the organization may receive donations from a contractor, subcontractor, or supplier. Exceptions to this policy also include codloagngpravelevents attended in an employee's official capacity, or gifts from family members, friends, or co-workers where it is clear that it is that relationship which is the motivating factor for the gift. Gifts of food that may arrive during the holidays, and at other times of the year when gift giving is traditional, belong to the entire staff even if addressed to a single employee. Food gifts must be shared with and distributed to all staff during work hours, in central, worksite locations. Gifts of plants 23 62 or flowers shall be displayed in the lobby or at another central location where all employees may enjoy their presence. If an employee receives a gift, if feasible, return the gift to the vendor. If not feasible to return the gift, the gift must be raffled off to all employees. Proceeds from the raffle will be deposited into the Town's General Fund budget. Section 8. Performance Evaluation Supervisors and/or department directors shall normally conduct performance evaluation conferences with each employee upon completion of their probationary period and at least once a year thereafter on their anniversary date. These performance evaluations are intended to be comprehensive discussions of the accomplishments and successes as well as how employees can be more successful in their jobs. The performance evaluations shall be documented in writing and placed in the employee's personnel file in a timely manner. Procedures for the performance evaluation program shall be published by the Human Resources Officer with the approval of the Town Administrator. Section 9. Safety Safety is the responsibility of both the Town and employees. It is the policy of the Town to establish a safe work environment for employees. The Town shall establish a safety program including policies and procedures regarding safety practices and precautions and training in safety methods. Department directors and supervisors are responsible for ensuring safe work procedures, including the use of all required personal protective equipment and providing necessary safety training programs. Section 10. Use of Town Property and Equipment Town equipment, vehicles, materials, tools and supplies shall not be available for personal use and are not to be removed from Town property except in the conduct of official Town business, unless approved by the Town Administrator. All Town property, including all electronic communications systems, issued to the employee shall be returned to the employee's supervisor upon termination of employment prior to the issuance of the final pay check. Section 11. Substance Abuse Policy The Town is committed to a drug-free workplace to maintain a safe and healthy working environment for employees and a productive, effective work force for the Town's citizens. The Town prohibits employees reporting to work with their ability to perform impaired by alcohol, illegal drugs, intentionally and inappropriately used prescriptions, over-the-counter drugs, or other chemicals and substances. Please refer to the "Drug and Alcohol Policy" located in the administrative policies manual for specific procedural requirements. Section 12. Driver's License All employees who are in positions required on the class specification to maintain an active driver's license are required to do sO as a condition of employment. Each year, upon completion of the employee's performance review, the Human Resources office will verify the status of the employee's driver's license. If the driver's license is not in good standing, the employee may be suspended, demoted or dismissed. Please refer to the "Driving Policy" located in the administrative policies manual for specific procedural requirements. 24 63 Section 13. Technology/Social Media Policy The Town Administrator will establish a separate Technology/Social Media/Electronic Communications Policy and communicate the policy to employees. The policy will be considered a part of the Personnel Policy and may be updated periodically as needed to react to changing technology. Section 14. Weapons Prohibited No person employed by the Town, either paid or volunteer, is permitted to possess any firearm or other dangerous weapon while performing duties, including while on Town property or any Town- owned vehicle or in any personal vehicle used by the employee to perform duties. (Town of Louisburg law enforcement officers are exempt from this section while performing their law enforcement tasks.) Violation of this policy will result in disciplinary action, up to and including dismissal for the first offense. Section 15. Whistle Blower Protection The Town prohibits discrimination or retaliatory action against an employee because the employee, in good faith, files or threatens to file a claim or complaint, initiate an investigation, testify or provide information to any person with respect to the Workers' Compensation Act, the North Carolina Wage and Hour Act, the Occupational Safety and Health Act, the Mine Safety and Health Act, or any other laws or Town policies. In addition, this policy covers NC General Statute 95-28.1 which prohibits discrimination against any person in possession of sickle cell trait or hemoglobin C train, the National Guard Reemployment Rights Act, the Pesticide Council, or Chapter 90, Article 5F relating to Control of Potential Drug Paraphernalia Products. Claims of retaliation should be addressed to the Human Resources Officer, Town Administrator, or Town Attorney. Section 16. Use of Tobacco Products The use of any and all tobacco products, either in Town owned or leased buildings or in Town owned or leased vehicles or equipment is prohibited. Tobacco use is permitted outside of buildings in areas defined by the Town for such use at least 50 feet from Town buildings. Section 17. Direct Deposit The Town may determine that employees will be paid by electronic transfer of funds to their designated back account(s). If Direct Deposit is used, employees will receive written or electronic documentation of their wages, deductions and leave balances each pay period. Section 18. Credentials and Certifications Some duties assigned to positions in local government service may be performed only by persons who are duly licensed, registered or certified as required by the relevant law, rule or regulation. Employees in such classifications are responsible for maintaining current, valid credentials as required by law, rule or regulation. Failure to obtain or maintain the required credentials is a basis for immediate dismissal without prior warning. An employee who is dismissed shall be given a written statement of the reason for the action and his/her appeal rights. Section 19. Lactation Support for Nursing Mothers The Town is committed to family-friendly policies and benefits and accommodates breastfeeding 25 69 mothers who wish to express breast milk during the workday when separated from the newborn. The Town provides reasonable break times to express breast milk for the child for up to one year after the child's birth. Breast milk must be labeled with the name of the employee and date of expressing the breast milk when placed in a workplace refrigerator. Non-conforming products stored in the refrigerator may be removed. The employee storing milk in the refrigerator assumes all responsibility for the safety of the milk and the risk of harm for any reason, including improper storage, refrigeration and/or tampering. Nursing mothers should work with the Human Resources Department to identify a room in the employee's work area where employees may express milk. Employees who work off-site or in other locations will also be accommodated with a private area as necessary. For more information regarding this issue, see the FLSA guidelines regarding lactation provisions. Section 20. Workplace Violence Prohibited The Town recognizes that the employees are its most important asset, and a safe, secure, and violence-free workplace is fundamental to their health and well-being during working hours. The Town fosters a work environment of respect and healthy conflict resolution. Employees should expect to be treated with courtesy, dignity, and respect by the management, co-workers, and citizens. It is the obligation of every employee to contribute to the safety of the work environment by refraining from threats, violence or activities that may provoke violence; being sensitive to cultural differences in all aspects of personal interactions; by conducting Town business with consideration and respect for CO- workers and customers; and reporting actual or potential threats, both internal and external, immediately. The Town has a zero tolerance policy for violence during working hours, during business involving the Town, or while on Town-owned property by any employee, citizen, customer, visitor, or independent contractor. Additional procedures may be approved by the Town Administrator as needed. 26 65 ARTICLE VI. EMPLOYEE BENEFITS Section 1. Eligibility All full-time and part-time employees of the Town are eligible for employee benefits as provided for in this Article which are subject to change at the Town's discretion and annual budget appropriations. Limited Service employees are eligible only for legally mandated benefits such as workers' compensation and FICA. Section 2. Employee Group Health The Town provides group health insurance programs for full-and part-time employees and their families as specified under the terms of the group insurance contract. The Town will comply with the Affordable Care Act by providing health insurance for all employees expected to work 30 or more hours per week for three or more months. Employees budgeted at 20 or more hours per week but fewer than 30 hours per week are eligible for health insurance but must pay a pro-rated amount based on the average number of hours per week they are budgeted to work. Full and part-time employees who are on the health insurance policy may, if they sO desire, purchase available group health, dental and/or vision coverage through the Town for qualified dependents when or if the Town offers it and within the stipulations of the insurance contract. Employees will pay the amount stipulated by the Town for their qualified dependents. Information concerning cost and benefits shall be available to all employees from the Human Resources Officer. Section 3. Other Optional Insurance Plans The Town may provide and/or make other insurance plans available to employees upon authorization of the Town Administrator and/or Town Council. Such benefits will be reviewed to ensure they do not create an incentive for absence prior to being offered. For information about optional group benefit programs, employees may contact the Human Resources office. Retiree Health Insurance. Employees who retire under the provisions of the North Carolina Local Government Employees Retirement System at age 55 or older shall be eligible for health insurance benefits from the Town as follows: Years of Service Benefit 25 or more 100% 20 - 24 75% 15 - 19 50% Less than 15 Employee pays 100% Coverage eligibility ends when retirees become entitled to Medicare. Dependents who were eligible prior to retirement but not on the plan cannot be added after retirement. This policy is not retroactive to employees who retired prior to its adoption. Information concerning cost and benefits of health insurance shall be available to all employees. Section 4. Retirement Each employee who is expected to work for the Town more than 1,000 hours annually shall join the North Carolina Local Governmental Employees' Retirement System upon hire date as a condition of employment and contribute the amount determined by the system. 27 G6 Section 5. Supplemental Retirement Benefits The Town may provide supplemental retirement benefits for its full-time employees as determined in the budget each year. As prescribed by North Carolina State Law, the Town will contribute a percentage of salary to the State 401(k) Plan for each sworn law enforcement officer (currently 5%). All full-time employees may make voluntary contributions to the 401(k) Plan up to the limits established by law and the 401(k) provider. The Town may contribute a percentage of salary to the State 401(k) Plan for each non-sworn employee, subject to availability of funds and approval by the Town Council. Section 6. Social Security The Town, to the extent of its lawful authority and power, has extended Social Security benefits to its eligible employees. Section 7. Workers' Compensation All employees of the Town (full-time, part-time, and temporary) are covered by the North Carolina Workers' Compensation Act and are required to report all injuries arising out of and in the course of employment to their immediate supervisors at the time of the injury in order that appropriate action may be taken at once. Responsibility for claiming compensation under the Workers' Compensation Act is on the injured employee to notify the Human Resources Officer sO that claims may be filed with the North Carolina Industrial Commission within two years from date of injury. The department director and the Human Resources Officer will assist the employee in filing the claim. Sick leave may be used to supplement Workers' Compensation Disability Leave both during the waiting period before Workers' Compensation benefits begin, and afterward to supplement the remaining one third of salary, except that the employee may not exceed the regular gross salary amount using this provision. If sick leave is not used, the employee shall be considered to be on Leave Without Pay (see Article VII, Sections 21 and 22). Pursuant to a declaration invoking Section 304 of the Homeland Security Act, this provision will also apply to reactions to small pox vaccinations administered to Town employees under the Homeland Security Act. Such reactions shall be treated the same as any other workers' compensation claim. Section 8. Unemployment Compensation Local governments are covered by unemployment insurance. Town employees may apply for benefits upon separation from their employment with the Town through the local Division of Employment Security office where a determination of eligibility and benefits will be made. Section 9. Law Enforcement Separation Allowance Every sworn law enforcement officer, as defined by N.C. Gen. Statute 128-21(11b) or N.C. Gen. Statute 143-166.50, shall be eligible for a separation allowance, as provided by N.C. Gen. Statute 143-166.42, in the amount specified in N.C. Gen. Statute 143-166.41(a). Currently the law enforcement separation allowance is "equal to eighty-five hundredths percent (0.85%) of the annual equivalent of the base rate of compensation most recently applicable to the officer for each year of creditable service". The Town will pay this benefit with the payroll process or 28 67 as otherwise established. Eligibility and continuation of these benefits are subject to the following conditions: a) the officer shall have completed 30 or more years of creditable service, or have attained 55 years of age at the time of retirement from the Town and completed five or more years of creditable service as a sworn law enforcement officer (as defined in General Statute 143- 166.42); and b) the officer shall not have attained 62 years of age; C) the officer shall have completed at least five years of continuous service as a law enforcement officer immediately preceding a service retirement, as defined by N.C. Gen. Statute 143- 166.41(a)(3) and 143-166.41(b); d) the law enforcement officer, after separation from Town employment, notifies the Town of any new employment involving local law enforcement duties. Such notification shall include the nature and extent of the employment, and any change of employment status. Payment of separation allowance benefits to a retired officer shall cease at the first of: a) the death of the officer; b) the last day of the month in which the officer attains 62 years of age; or c) the first day of re-employment in any position in any local government in North Carolina requiring retirement system participation. The Town may employ retired officers in a public safety position in a capacity not requiring participation in the Local Governmental Employees' Retirement System and doing sO shall not cause payment to cease to those officers under these benefits. Participation in the retirement system is required by anyone scheduled to work 1000 hours per year or more. Should the separation allowance for law enforcement officers, now required by law, be rescinded, this separation allowance shall be rescinded at the same time. Section 10. Credit Union Membership Employees of the Town of Louisburg are eligible for membership in the North Carolina Local Employees' Federal Credit Union. Section 11. Tuition Assistance Program Full-time employees who have completed initial probation may apply for tuition reimbursement for courses taken on their own time which will improve their skills for their current job or prepare them for promotional opportunities with the Town. Tuition, registration, fees, laboratory fees, and student fees are eligible expenses. Each year, as part of the budget, a maximum amount of tuition assistance per employee will be established. Satisfactory completion of the courses will be required for reimbursement. Requests for tuition assistance shall be submitted to the Human Resources Office prior to course registration and are subject to the review and approval of Department Director and Town Administrator, subject to availability of funds. 29 68 ARTICLE VII. HOLIDAYS AND LEAVES OF ABSENCE Section 1. Policy The policy of the Town is to provide vacation leave, sick leave, and holiday leave to all full-time employees and to provide proportionately equivalent amounts to employees having average work weeks of different lengths. In all cases, an employee with a compensatory leave balance shall use compensatory leave prior to use of sick or vacation leave. Section 2. Holidays The Town will follow the holiday schedule as published by the State of North Carolina for state employees. In addition, the Town provides President's Day off. Employees wishing to schedule time off for religious observances, other than those observed by the Town, may request vacation leave from their respective department director. The department director will attempt to arrange the work schedule sO that an employee may be granted vacation leave for the religious observance. Vacation leave for religious observances may be denied only when granting leave would create an undue hardship for the Town. Section 3. Holidays: Effect on Other Types of Leave Regular holidays which occur during a vacation, sick or other leave period of any employee shall not be considered as vacation, sick, or other leave. Section 4. Holidays: Compensation When Work is Required or Regularly Scheduled Off for Shift Personnel Nonexempt employees required to perform work on regularly scheduled holidays shall be paid at the time and one half rate for hours actually worked and receive pay at the regular rate for the holiday hours they did not take off. Exempt employees will receive time off at another time for work on a holiday. Holiday time will be pro-rated based on the average work week according to the formula in Section 16 of this article. Section 5. Vacation Leave Vacation is a privilege granted to employees by the Town. Vacation leave is intended to be used for rest and relaxation, school appointments, and other personal needs. Vacation should be requested in advance in methods determined by the department and approved by the supervisor. Vacation leave may also be used by employees who wish to observe religious holidays other than those granted by the Town. Employees who wish to use leave for religious observances must request leave from their respective department directors. The department director will attempt to arrange the work schedule sO that an employee may be granted vacation leave for the religious observance. Vacation leave or accrued compensatory time for religious observance may be denied only when granting the leave would create an undue hardship for the Town. Section 6. Vacation Leave: Accrual Rate Each full-time general employee of the Town will accrue vacation on the following schedule. Sworn law enforcement officers and fire staff on shifts will earn a prorated amount based on the average number of hours in the work week. (See Section 16 of this Article for more information.) 30 69 Years of Service Days Accrued per Year 0-4 12 5-9 15 10-1 14 18 15 - 19 20 20 plus 21 A "day" is defined by the formula ratio determined in Section 16 of this article for employees working other than 40 hours per week. For example, a "day" for a law enforcement officer working an average 42 hour workweek is 8.4 hours. Section 7. Vacation Leave: Use by Probationary Employees Employees serving a propationary period following initial employment may accumulate vacation leave but shall not be permitted to take vacation leave during the first six months of the probationary period. Employees shall be allowed to take accumulated vacation leave after six months of service. Section 8. Vacation Leave: Maximum Accumulation Vacation leave may be accumulated without any applicable maximum until the pay period containing December 31 of each fiscal year. During the pay period containing December 31, any employee with a balance exceeding 30 days shall have the excess accumulation transferred to sick leave sO that only a balance of 30 days is carried forward to January 1. Employees are cautioned not to retain excess accumulated vacation leave until late in the calendar year. Because of the necessity to keep all functions in operation, large numbers of employees cannot be granted vacation leave at any one time. If an employee has excess leave accumulation during the latter part of the year and is unable to take such leave because of staffing demands, the employee shall receive no special consideration either in having vacation leave scheduled or in receiving any exception to the maximum accumulation. Section 9. Vacation Leave: Manner of Taking Employees shall be granted the use of accrued vacation leave upon request in advance at those times designated by the department director which will least obstruct normal operations of the Town. Department directors are responsible for ensuring that approved vacation leave does not hinder the effectiveness of service delivery. Vacation may be taken in quarter hour increments. Failure to request or take vacation leave without prior approval may result in disciplinary action. Employees will use accrued compensatory time before using accrued vacation leave. Section 10. Vacation Leave: Payment upon Separation An employee who has successfully completed the established probationary period for his/her position will normally be paid for accumulated vacation leave upon separation not to exceed 30 days provided notice is given to the supervisor at least two weeks in advance of the effective date of resignation, thirty days for department directors. Any employee failing to give the notice required by this section shall forfeit payment for accumulated leave. The notice requirement may be waived by the Town Administrator when deemed to be in the best interest of the Town. 31 70 Section 11. Vacation Leave: Payment upon Death The estate of an employee who dies while employed by the Town shall be entitled to payment of all the accumulated vacation leave credited to the employee's account not to exceed the maximums established in Section 8 of this Article. Section 12. Sick Leave Sick Leave with pay is a privilege granted to employees by the Town, not a right, and may be used only for the purposes described in this Policy. Abuse of sick leave privileges will subject the employee to disciplinary action. Sick Leave may be used for the following reasons: sickness, non-job related bodily injury, required physical or dental examinations or treatment, or exposure to a contagious disease, when continuing work might jeopardize the health of others. Sick leave also may be used when an employee must care for a member of his or her immediate family who is ill. For the purposes of this benefit, immediate family is defined as spouse, child, parent, sibling, grandparent, and grandchild, to include in-law, step and half relationships. The definition for this Article also includes individuals living in the same household who share a relationship comparable to immediate family members. Sick leave may not be used to care for a healthy infant or child. Sick leave may also be used to supplement Workers' Compensation Disability Leave both during the waiting period before Workers' Compensation benefits begin, and afterward to supplement the remaining one third of salary, except that the employee may not exceed the regular gross salary amount using this provision. Notification of the desire to take sick leave should be submitted to the employee's supervisor according to departmental procedures. Section 13. Sick Leave: Accrual Rate and Accumulation Sick leave shall accrue at a rate of one day per month of service or twelve days per year. Sick leave for full-time employees working other than the basic forty-hour work schedule (for example police and fire shift staff) shall be prorated as described in Section 16 of this Article. Sick leave will be cumulative for an indefinite period of time and may be converted upon retirement for service credit consistent with the provisions of the North Carolina Local Governmental Employees' Retirement System. All sick leave accumulated by an employee shall end and terminate without compensation when the employee resigns or is separated from the Town, except as stated above for retirement or upon reinstatement within one year of separation. Section 14. Transfer of Sick Leave from Previous Employer The Town will accept sick leave oalances when documented by a previous employer when the employee worked for a previous employer covered by the North Carolina State or Local Government Retirement Systems and the employee did not withdraw accumulated retirement contributions from that employer when leaving employment. The sick leave will be treated as though it were earned with the Town of Louisburg and may be used as any other accrued sick leave by the employee. The sick leave amount must be certified by the previous employer and it is the employee's responsibility to provide documentation from his or her 32 71 previous employer. The employee shall request credit for his/her eligible sick leave balance within 90 days of hire with the Town or run the risk of forfeiting the balance transfer. Transferred sick leave will be credited to the employee upon successful completion of the six months of employment. Section 15. Sick Leave: Medical Certification The employee's supervisor or department director may require a physician's certificate certifying the employee's or employee's family member's illness and the employee's capacity to resume duties, for each occasion on which an employee uses sick leave or whenever the supervisor observes a "pattern of absenteeism." The employee may be required to submit to such medical examination or inquiry as the department director deems desirable. The department director shall be responsible for the application of this provision to the end that: a) employees shall not be on duty when they might endanger their health or the health of other employees; and b) there will be no abuse of leave privileges. Claiming sick leave under false pretense to obtain a day off with pay shall subject the employee to disciplinary action up to and including dismissal. Section 16. Leave Pro-rated Holiday, annual, and sick leave earned by full-time employees with more or fewer hours than the basic work week (40 hours) shall be determined by the following formula: a) the average number of hours scheduled for work per week by such employees shall be divided by the number of hours in the basic work week (usually 40 hours); b) the proportion obtained in step 1 shall be multiplied by the number of hours of leave earned annually by employees working the basic work week (40 hours); c) the number of hours in step 2 divided by 12 shall be the number of hours of leave earned monthly by the employees concerned, or divided by 26 shall be the number of hours of leave earned biweekly, and divided by 52 would be the amount of leave earned weekly. For example, a police officer working 12 hour shifts is scheduled to work 2184 hours per year, or 42 hours per week. Forty two divided by 40 equals 1.05. The 1.05 becomes the ratio by which all leave for a 40 hours per week person is multiplied. So if a 40 hours per week person earns 8 hours per month sick leave, a 42 hours per week person earns 8.4 hours (8X 1.05). Section 17. Bereavement Leave An employee may have up to five days per year, at full pay, granted in case of death in the immediate family. For the purposes of this benefit, immediate family is defined as spouse, child, parent, sibling, grandparent, and grandchild, to include in-law, step and half relationships. The definition for this Article also includes individuals living in the same household who share a relationship comparable to immediate family members. Additional time or time to attend funerals of other family members may be charged to vacation leave, compensatory time or Leave Without Pay. Bereavement Leave does not accrue from year to year. 33 72 Section 18. Family and Medical Leave The Town will grant up to 12 weeks of family and medical leave per twelve months to eligible employees in accordance with the Family and Medical Leave Act of 1993 (FMLA). The leave is paid for employees giving birth for the first six weeks and for three weeks if an employee's partner gives birth or adopts a child (see Section 21). The leave may be paid (coordinated with the Town's Vacation and Sick Leave policies), unpaid, or a combination of paid and unpaid. Earned compensatory time must be used first, followed by any holiday, sick or vacation time, once compensatory has been exhausted. Unpaid leave will be granted only when the employee has exhausted all appropriate types of paid leave. Additional time away from the job beyond the 12-week period may be approved in accordance with the Town's Leave Without Pay policy. To qualify for FMLA coverage, the employee must have worked for the employer 12 months or 52 weeks; these do not have to be consecutive. However, the employee must have worked 1,250 hours during the twelve-month period immediately before the date when the FMLA time begins. Family and medical leave can be used for the following reasons: a) the birth of a child and in order to care for that child; b) the placement of a child for adoption or foster care; c) to care for a spouse, child, or parent with a serious health condition; d) the serious health condition of the employee; or e) military exigency. A serious health condition is defined as a condition which requires inpatient care at a hospital, hospice, or residential medical care facility, or a condition which requires continuing care by a licensed health care provider. This policy covers illness of a serious and long-term nature resulting in recurring intermittent or lengthy absences. Generally, a chronic or long-term health condition which results in a period of incapacity for more than three days would be considered a serious health condition. If a husband and wife both work for the Town and each wish to take leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent (not parent in-law) with a serious health condition, the husband and wife together may only take a total of 12 weeks leave under FMLA. An employee taking leave for the birth of a child may use paid sick leave for the period of actual disability, based on medical certification. The employee shall then use all paid vacation, accrued compensatory time and Leave Without Pay for the remainder of the 12-week period. "Military Exigency" is a qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a military service member (reserve or national guard) under a call or order to federal active duty in support of a contingency operation. Qualifying events are: a) deployment of service member with seven or fewer days' notice; b) military ceremonies and events such as family-assistance or informational programs related to the family member's active duty or call to active duty; c) urgent, immediate childcare or arranging for alternative childcare for the children of service 34 73 members; d) attending school or daycare meetings relating to the child of service member; e) making financial or legal arrangements related to a family member's active duty status or call to active duty; f) taking up to five days leave to spend with a covered military member who is on short-term temporary rest and recuperation leave during deployment; g) attending counseling provided by someone other than a health provider for oneself, the covered military member, or the child of the military member, the need for which arises from the active duty service or call to active duty status or the covered military member; or h) post-deployment activities for a period of ninety days after the termination of the service member's active duty status. Military Caregiver Leave: An employee whose spouse, son, daughter, parent or next of kin is a current service member who is undergoing treatment, therapy, recuperation or outpatient treatment or has temporary disability retirement for injury or illness sustained in the line of duty, is eligible for 26 weeks of FMLA leave in a single 12 month period. During a single 12 month period, the employee is eligible for a total of 26 weeks of all types of FMLA Leave combined. The request for the use of leave must be made in writing by the employee and approved by the department director or Town Administrator. An employee who takes leave under this policy will return to the same job or a job with equivalent status, pay, benefits, and other employment terms. The position will be the same or one which entails substantially equivalent skill, effort, responsibility, and authority. Section 19. Family Medical Leave = Certification In order to qualify for leave under this law, the Town requires medical certification. This statement from the employee's or the family member's physician should include the date when the condition began, its expected duration, diagnosis, and brief statement of treatment. For the employee's own health condition, it should state that the employee is unable to perform the essential functions of his/her position. For a seriously ill family member, the certification must include a statement that the patient requires assistance and the employee's presence would be beneficial or desirable. This certification should be furnished at least 30 days prior to the needed leave unless the employee's or family member's condition is a sudden one. The certification should be furnished as soon as possible (no longer than 15 days from the date of the employee's request). The certification and request must be made to the department director and filed with the Human Resources Officer. The employee is expected to return to work at the end of the time frame stated in the medical certification, unless he/she has requested additional time in writing under the Town's Leave Without Pay policy. Section 20. Family Medical Leave: Retention and Continuation of Benefits When an employee is on leave under FMLA, the Town will continue the employee's health benefits during the leave period at the same level and under the same conditions as if the employee had continued to work. If an employee chooses not to return to work for reasons other than a continued 35 74 serious health condition, the Town will require the reimbursement of the amount paid for the employee's health insurance premium during the FMLA leave period. Other insurance and payroll deductions are the responsibility of the employee and the employee must make those payments for continued coverage of that benefit by the first of each month. After using all paid leave for which the employee qualifies, the employee on FMLA may use Leave Without Pay for the remainder of the FMLA 12/26 week entitlement. An employee ceases to earn holiday, vacation and sick leave credits on the date Leave Without Pay begins. Section 21. Paid Family Leave Full-time employees who have completed one year of service with the Town of Louisburg and who qualify for Family Medical Leave are eligible for Paid Parental Leave. Eligible employees may receive six (6) weeks paid parental leave after giving birth or three (3) weeks of paid parental leave after a partner gives birth or adopts a child. Paid parental leave is in addition to an employee's accrued vacation or sick leave. Qualifying events for parental leave include birth of a child of the employee or the legal placement of a child with the employee for adoption or guardianship. The amount of paid parental leave for any one person shall not exceed six (6) weeks in a rolling 12- month period. If both parents are employed by the Town and have one qualifying event, each parent is eligible for paid parental leave. Each parent can use their allocated paid parental leave, either consecutively or intermittently. Paid parental leave will run concurrently with FMLA. Employees shall provide advance notice to their supervisor of paid parental leave dates. Paid parental leave must be approved by employee's supervisor and the Town Administrator. The total amount of paid parental leave shall not exceed a regular six weeks scheduled hours. An employee out of work and receiving paid parental leave may not work a secondary job during the same hours an employee would normally be at work, or work any off- duty assignments during the parental leave period. All Town-provided benefits will continue to be paid by the Town during the time the employee is out of work on Parental Leave. Sick and vacation leave will continue to accrue while the employee is in a paid parental leave status. An employee who fails to remain in an active status for a minimum of six (6) months after returning from paid parental leave will be required to reimburse the Town for any paid parental leave received. The value of the paid parental leave received will be deducted from the employee's final paycheck, including any annual leave to be paid out. Section 22. Leave Without Pay A full-time or part-time employee may be granted a leave of absence without pay for a period of up to twelve months by the Town Administrator. Leave Without Pay may be granted by the Town Administrator upon the recommendation of the Department Director and Human Resources Officer. The leave may be used for reasons of personal disability, sickness or disability of immediate family members, continuation of education, specific work that will permit the Town to benefit by the experience gained or the work performed or for other reasons deemed justified by the Town Administrator. An employee must exhaust all compensatory time before being placed on Leave Without Pay status. 36 75 The employee is obligated to return to duty within or at the end of the time determined appropriate by the Town Administrator. Upon returning to duty after being on Leave Without Pay, the employee shall be entitled to return to the same position held at the time leave was granted or to one of like classification, seniority, and pay. If the employee decides not to return to work, the department director shall be notified immediately. Failure to report at the expiration of a leave of absence, unless an extension has been requested and granted, shall be considered a resignation. An employee shall retain all unused vacation and sick leave while on Leave Without Pay. An employee ceases to earn holiday time, vacation, and sick leave credits on the date Leave Without Pay begins. The employee may continue to be eligible for benefits under the Town's group insurance plans at his or her own expense, subject to any regulation adopted by the Town and the regulations of the insurance carrier. If the Leave Without Pay is for a circumstance that coincides with FMLA or JSERRA then the provisions of those policies will apply. Section 23. Workers' Compensation Leave An employee absent from duty because of sickness or disability covered by the North Carolina Worker's Compensation Act may elect to use accrued sick leave, vacation, or compensatory time during the first waiting period of seven days. Once Worker's Compensation benefits begin, the employee may supplement the two thirds payments with one third of a day of sick leave, except that the employee may not exceed the regular gross salary amount using this provision. Limited Service employees will be placed on leave without pay effective with the date of injury. Once the waiting period is over, workers' compensation covers two thirds of regular pay. Any worker's compensation disability that qualifies under the requirements of FMLA shall run concurrently with FMLA. An employee on worker's compensation leave without pay will be permitted to continue to be eligible for benefits under the Town's group insurance plans during the period of worker's compensation leave that is concurrent with FMLA. Other insurance and payroll deductions are the responsibility of the employee and the employee must make those payments for continued coverage of that benefit. Any amounts owed are due and payable by the first of the month. An employee shall retain all unused vacation and sick leave while on Worker's Compensation Leave Without Pay. An employee ceases to earn holiday or leave credits on the date Worker's Compensation Leave without Pay begins. After the period of FMLA eligibility ends, the employee may continue to be eligible for benefits under the Town's group insurance plans at his or her own expense subject to the regulations of the insurance carrier. Upon reinstatement, an employee's salary will be computed on the basis of the last salary earned plus any increment or other salary increase to which the employee would have been entitled during the disability covered by workers' compensation. An employee on workers' compensation leave may return to work on light or restricted duty after obtaining a physician's statement stating the employee's ability to do SO. The decision to allow an employee back on light duty and to determine the location of the light duty rests with the Town Administrator. Section 24. Military and other USERRA Leave The Town will fully comply with the requirements of the 1994 Uniformed Services Employment and Re-Employment Rights Act (USERRA) and related federal regulations. For the purposes of USERRA 37 76 covered employees are the following: a) Armed Forces Active and Reserve (Army, Navy, Marine Corps, Air Force, Coast Guard) b) Army National Guard and Air National Guard c) FEMA's Disaster Assistance Teams d) Commissioned Corps of the Public Health Service e) Military Service Academies f) Reserve Officer's Training Corps (ROTC) Employee taking leave under USERRA shall be eligible to take accumulated vacation leave, accrued compensatory time or be placed in a Leave Without Pay status. While taking USERRA leave, the employee's unused leave balances will be retained and any seniority-Dased benefits and/or compensation such as leave accrual rates, longevity pay, etc. will continue to accrue. Employees performing USERRA duty of more than 30 days may elect to continue the Town's health care for up to 24 months but will be responsible for paying the insurance premiums up to 102% of the premium costs. Employees whose USERRA duty is less than 31 days will have their health insurance coverage paid as if they were at work with the Town. Military Training In addition to complying with the requirements of USERRA, the Town provides additional benefits for military training. Full and part-time employees who are members of an Armed Forces Reserve organization or National Guard shall be granted fifteen (15) calendar days per year for military training leave with pay. Regular employees choosing to use military leave may claim up to ten (10) days of differential pay per calendar year provided the days are recorded as military training leave and the military basic pay is less than the employee's regular Town pay. To claim differential pay, the employee must submit a copy of his/her military orders, pay vouchers, leave and earnings statement and/or other appropriate documentation evidencing performance and compensation pertinent to the military duty. If such duty is required beyond the fifteen calendar days, the employee shall be eligible to take accumulated vacation leave or be placed in a Leave Without Pay status, and the provisions of that leave shall apply. While on military leave, seniority-based benefits such as leave accrual rates shall continue to accrue as if the employee was actively at work. Employees on extended military leave will remain eligible for health benefits on a voluntary basis, at the employee's expense for a period of 24 months. Limited Service employees will be granted time off without pay to meet their military reserve or National Guard training obligations. Section 25. Reinstatement Following Military and other USERRA Service An employee who volunteers or is called to active duty with the United States military forces, and who returns to work in less than five years will be returned to the same or like position he or she occupied prior to the active duty enlistment with full seniority, status, leave accrual rates and pay as if there had been no break in employment. A military discharge form "DD214" with an nonorable discharge must 38 77 be submitted with the notification of intent to return to work. Time limits for employees to reapply for return to work after release from military service are: a) less than 31 days absence employee must report to employer by the next business day. b) 31 days-180 days absence - notification to the supervisor must be submitted within 14 days. c) more than 180 days absence - notification to the supervisor must be submitted within 90 days. All reporting deadlines are extended for two years if the employee is injured during USERRA service. Section 26. Civil Leave A full-time Town employee called for jury duty or as a court witness for the federal or state governments, or a subdivision thereof, shall receive leave with pay for such duty during the absence without charge to accumulated leave. The employee may keep fees and travel allowances required received for jury or witness duty in addition to regular compensation; except, that must turn over to the Town any witness fees or travel allowance awarded by that employees court for court appearances in connection with official duties. While on civil leave, benefits and leave shall accrue as though on regular duty. Section 27. SchoolVolunteer Leave A Town employee who is a parent, guardian, or person standing in loco parentis (in place of the parent) or member of a civic, religious or community service group is granted up to 4 hours of leave annually to involve him or herself in school activities of his or her child(ren) or volunteer paid and community service activities. This leave is subject to the three following conditions: a) the leave must be taken at a time mutually agreed upon by the employee and the Town; b) the Town requires the employee to request the leave in writing prior to the time of the desired leave; and c) the Town may require written verification from the school or organization that the employee was involved with during the leave time. Section 28. Voluntary Shared Leave The Town Administrator has the authority to create administrative procedures may donate vacation and/or sick leave to other employees who have major illnesses whereby or need employees leave care for family members with major illnesses. to Section 29. Adverse Weather/Hazardous Conditions The Town has responsibility for several emergency services including law enforcement. staff are required to operate these critical services seven days per week and 24 hours Adequate in weather. per day all Department heads should designate which staff are in critical positions required to report to work regardless of weather or other hazardous conditions. The adverse weather/hazardous conditions policy is established to be as fair as possible to all employees applying the following principles: 39 78 1. Maintain adequate staffing at all times of emergency services; 2. Provide for as much safety as possible for all employees in traveling to and from work in hazardous conditions; and 3. Not pay regular salaries to some people for not working when others are required to be at work. Town offices and departments shall remain open for the full scheduled working day unless authorization for closing or other deviation is received from the Town Administrator's office. The Administrator will consider the hazard of driving conditions and other relevant factors in determining whether to close Town offices. All departments and offices will be given sufficient advance notice of any authorized closing of noncritical Town functions. Upon authorizing a closing, non-critical staff may use vacation, earned compensatory time, or time without pay for the un-worked hours. Employees who leave work before an official early closing time, as well as employees who report for work late or do not report for work because of hazardous conditions may also use earned vacation or compensatory leave for days or hours not worked. In the case of mandatory evacuations, where access to the Town is prevented, use of earned leave is not required. 40 79 ARTICLE VIII. SEPARATION AND REINSTATEMENT Section 1. Types of Separations All separations of employees from positions in the service of the Town shall be designated as one of the following types and shall be accomplished in the manner indicated: resignation, reduction in force, disability, voluntary retirement, dismissal, or death. Section 2. Resignation An employee may resign by submitting the reasons for resignation and the effective date in writing to the immediate supervisor as far in advance as possible. In all instances, the minimum notice requirement is two calendar weeks. Failure to provide minimum notice shall result in forfeit of payment for accumulated vacation unless the notification requirement is waived upon recommendation of the department director and approval by the Town Administrator. Thirty days' notice is expected of department directors and the Town Administrator. Three consecutive days of absence without contacting the immediate supervisor or department director may be considered to be a voluntary resignation. Sick leave will only be approved during the final two weeks of a notice with a physician's certification or comparable documentation. Section 3. Reduction in Force In the event that a reduction in force becomes necessary, consideration shall be given to the quality of each employee's performance, organizational needs, and seniority in determining those employees to be retained. Employees who are separated because of a reduction in force shall be given at least two weeks' notice of the anticipated action. No regular employee shall be separated because of a reduction in force while there are Limited Service or probationary employees serving in the same class in the department, unless the regular employee is not willing to transfer to the position held by the Limited Service or probationary employee. Section 4. Disability The Town will comply with the Americans with Disabilities act and will make all responsible efforts to provide reasonable accommodation to employees who may be or become disabled. An employee who cannot perform the essential duties of a position because of a physical or mental impairment may be separated for disability. Action may be initiated by the employee or the Town. In cases initiated by the employee, such action must be accompanied by medical evidence acceptable to the Town Administrator. The Town may require an examination, at the Town's expense, performed by a physician of the Town's choice. Employees who meet the requirements of the North Carolina Local Governmental Employees Retirement System may qualify for a disability retirement. Information about this option is available from the Human Resources Officer or the Retirement System. Section 5. Voluntary Retirement An employee who meets the conditions set forth under the provisions of the North Carolina Local Government Employee's Retirement System may elect to retire and receive all benefits earned Section 6. Death Separation shall be effective as of the date of death. All compensation due shall be paid to the estate 41 60 of the employee. Section 7. Dismissal An employee may be dismissed in accordance with the provisions and procedures of Article IX. Section 8. Reinstatement An employee who is separated because of a reduction in force or who resigns while in good standing may be reinstated within one year of the date of separation, upon recommendation of the department director, and upon approval of the Town Administrator. An employee who is reinstated in this manner shall be re-credited with his or her previously accrued sick leave. Section 9. Rehiring An employee who resigns while in good standing may be rehired with the approval of the Town Administrator, and may be regarded as a new employee, subject to all of the provisions of rules and regulations of this Policy. An employee in good standing who is separated due to a reduction in force shall be given the first opportunity to be rehired in the same or a similar position. Section 10. Exit Process and Pay and Deductions Upon Separation of Employment Upon separation from employment, the Human Resources Officer or designee will conduct an exit interview, normally during the last week of employment. The exit interview will document the return of property, reason for leaving, counseling on continuation of fringe benefits, and other information to benefit the Town and exiting employees. The Town will deduct and withhold from the final paycheck of the employee any amount owed to the Town for group insurance premiums, unreturned equipmentproperty, uniforms, or any other indebtedness to the Town. To the fullest extent of the law, the final paycheck will not be issued until all indebtedness to the Town has been determined and resolved. The final paycheck generally includes payment for accumulated vacation leave (not to exceed 30 days) and overtime pay or accrued compensatory time to which the employee is entitled, subject to deduction for indebtedness to the Town as outlined above. 42 81 ARTICLE IX. UNSATISFACTORY JOB PERFORMANCE AND DETRIMENTAL PERSONAL CONDUCT Section 1. Disciplinary Action for Unsatisfactory Job Performance A regular employee may be placed on disciplinary suspension, demoted, or dismissed for unsatisfactory job performance, if after following the procedure outlined below, the employee's job performance is still deemed to be unsatisfactory. The Human Resources Officer will be available to assist all parties with the procedures in taking or responding to disciplinary actions. All cases of disciplinary suspension, demotion, or dismissal must be approved by the Town Administrator prior to giving final notice to the employee. Section 2. Unsatisfactory Job Performance Defined Unsatisfactory job performance includes any aspects of the employee's job which are not performed as required to meet the standards set by the department director or Town Administrator. Examples of unsatisfactory job performance include, but are not limited to, the following: a) demonstrated inefficiency, negligence, or incompetence in the performance of duties; b) careless, negligent or improper use of Town property or equipment; c) physical or mental incapacity to perform duties after reasonable accommodation; d) discourteous treatment of the public or other employees; e) absence without approved leave; f) improper use of leave privileges; g) failure to report for duty at the assigned time and place; h) failure to complete work within time frames established in work plan or work standards; i) failure to meet work standards over a period of time; j) failure to follow the chain of command to address work-related issues; or k) failure to maintain certifications required by the job. Section 3. Communication and Warning Procedures Preceding Disciplinary Action for Unsatisfactory Job Performance When an employee's job performance is unsatisfactory, or when incidents or inappropriate actions warrant, the supervisor shall meet with the employee as soon as possible in one or more counseling sessions to discuss specific performance problems. A brief summary of these counseling sessions shall be noted in the employee's file by the supervisor. An employee whose job performance is unsatisfactory over a period of time should normally receive at least two documented warnings, one of which may be in the final written warning, from the supervisor before disciplinary action resulting in dismissal is taken by the Town Administrator. In each case, the supervisor should record the dates of discussions with the employee, the performance 43 82 deficiencies discussed, the corrective actions recommended, and the time limits set. If the employee's performance continues to be unsatisfactory, then the supervisor should use the following steps: a) a final written warning from the supervisor serving notice upon the employee that corrected performance must take place immediately in order to avoid suspension, demotion, or dismissal. b) if performance does not improve, a written recommendation should be sent to the department director and Town Administrator for disciplinary action such as suspension, demotion, or dismissal. Disciplinary suspensions are for the purpose of communicating the seriousness of the deficiency, not for the purpose of punishment, and should not generally exceed three days performance (24 hours) for non-exempt employees. Suspensions for exempt employees shall be for one full work week accordance with FLSA requirements to maintain exempt status. Under FLSA suspensions of less than in a week are authorized for major safety violations or infractions of workplace conduct rules (detrimental personal conduct). Demotions are. appropriate when an employee has demonstrated inability to perform in the current job; but shows promise and commitment to performing successfully in a lower successfully level If no other options are available, dismissal is appropriate. job. If after suspension and/or demotion, the employee's performance does not reach an the employee may be dismissed. Dismissals are appropriate when the employee has acceptable shown he/she level, is unwilling or unable to perform work in a manner that meets the work and conduct standards of the Town. Section 4. Disciplinary Action for Detrimental Personal Conduct Normally, the Department Director or Town Administrator would place the employee on non- disciplinary suspension prior to making a disciplinary determination to allow time to gather facts regarding the detrimental personal conduct and make a determination regarding the of the conduct. severity With the approval of the Town Administrator, an employee may be placed on disciplinary suspension, demoted, or dismissed without prior warning for causes relating to personal conduct detrimental to Town service in order to: a) avoid undue disruption of work; b) to protect the safety of persons or property; or c) for other serious reasons. Disciplinary suspensions should not normally exceed three work days for nonexempt employees. Suspensions of exempt employees shall be for one full work week in accordance with FLSA requirements to maintain exempt status. In exigent circumstances, a department director or designated supervisor may, with or without prior approval, suspend employees for the remainder of the work day. In such cases, the director shall immediately notify the Town Administrator. department 44 63 Section 5. Detrimental Personal Conduct Defined Detrimental personal conduct includes behavior of such a serious detrimental nature that the functioning of the Town may be or has been impaired; the safety of persons or property may be or have been threatened; or the laws of any government may be or have been violated. Examples of detrimental personal conduct include, but are not limited to, the following: a) demonstrated dishonesty, fraud or theft; b) conviction of a felony or the entry of a plea of nolo contendere thereto; c) falsification of records for personal profit, to grant special privileges, or to obtain employment; d) willful misuse or gross negligence in the handling of Town funds or personal use of equipment or supplies; e) willful or wanton damage or destruction to property; f) willful or wanton acts that endanger the lives and property of others; g) possession of unauthorized firearms or other lethal weapons on the job; h) brutality in the performance of duties; i) reporting to work under the influence of alcohol or drugs or partaking of such while on duty. Prescribed medication may be taken within the limits set by a physician as long as medically necessary; j) engaging in incompatible employment or serving a conflicting interest; k) request or acceptance of gifts in exchange for favors or influence; ) engaging in political activity prohibited by this Policy; m) harassment of an employee and/or the public on the basis of sex or any other protected class status; n) narassment of an employee or the public with threatening or obscene language and/or gestures or any incidence of workplace violence; or o) stated refusal to perform assigned duties, flagrant violation of work rules and regulations, or serious malfeasance of work. Section 6. Pre-Dismissal Conference Before dismissal action is taken, whether for failure in personal conduct or failure in performance of duties, the department director or Town Administrator (in the case of disciplinary action of a department director) will conduct a pre-dismissal conference. At this conference, the employee may present any response to the proposed dismissal to department director. The department director will consider the employee's response, if any, to the proposed dismissal, and will, within three working days following the pre-dismissal conference, notify the employee in writing of the final decision after obtaining approval of the decision from the Town Administrator. If the employee is dismissed, the 45 64 notice shall contain a statement of the reasons for the action and the employee's appeal rights. Section 7. Non-Disciplinary Suspension During the investigation, hearing, or trial of an employee on any criminal charge, or during an investigation related to alleged detrimental personal conduct, or during the course of any civil action involving an employee, when suspension would, in the opinion of the department director or Town Administrator, be in the best interest of the Town, the department director with approval of the Town Administrator may suspend the employee for part or all of the proceedings as a non-disciplinary action. In such cases, the Town Administrator may: a) temporarily relieve the employee of all duties and responsibilities and place the employee on paid or unpaid leave for the duration of the suspension, or b) assign the employee new duties and responsibilities and allow the employee to receive such compensation as is in keeping with the new duties and responsibilities. If the employee is reinstated following the suspension such employee shall not lose any compensation or benefits to which otherwise the employee would have been entitled had the suspension not occurred. If the employee is terminated following suspension, the employee shall not be eligible for any pay from the date of suspension; provided, however, all other benefits with the exception of accrued vacation and sick leave shall be maintained during the period of suspension. Section 8. Name Clearing Hearing Following the Town's decision to dismiss or demote an employee, including a probationary employee, the employee shall be afforded an opportunity for a name-clearing hearing. The employee must request the hearing within a time frame established by the Town. If requested by the employee, a time and date for the hearing will be established such that the hearing takes place prior to the release of any negative or stigmatizing information about the employee that could inhibit future employment. The employee may invite anyone the employee wishes to invite (including the media) to the hearing. At this name-clearing hearing, the employee may present any response to information that the employee believes to be false and/or stigmatizing to the employee's reputation with respect to his or her work performance or the reasons for the dismissal or demotion. Any written comments submitted by the demoted or dismissed employee will be placed in the employee's personnel file, and a copy will be provided to anyone who requests the termination letter on that employee. In lieu of actually attending the hearing, the employee may submit written comments and they will be placed in the file just as if the employee had presented them at the scheduled hearing. If the employee speaks at the hearing but does not provide written comments, the person conducting the hearing shall take notes and place a copy of the notes in the employee's personnel file, and a copy will be provided to anyone who requests the termination letter on that employee. There is no requirement for the Town or the hearing officer to respond in any way to the comments of the demoted or dismissed employee at the hearing. The name clearing hearing is not a substitute for, or a second opportunity for, a pre-termination hearing at which the employee may contest the proposed disciplinary action. Information presented at the name clearing hearing will not be used by the Town to reconsider the disciplinary action. 46 85 ARTICLE X. GRIEVANCE PROCEDURE AND ADVERSE ACTION APPEAL Section 1. Policy It is the policy of the Town to provide a just procedure for the presentation, consideration, and disposition of employee grievances. The purpose of this article is to outline the procedure and to assure all employees that a response to their complaints and grievances will be prompt and fair. The Human Resources Officer will be available to assist all parties with the procedures during the grievance process. Employees utilizing the grievance procedures shall not be subjected to retaliation or any form of narassment from supervisors or employees for exercising their rights under this Policy. Supervisors or other employees who violate this policy shall be subject to disciplinary action up to and including dismissal from Town service. Section 2. Grievance Defined A grievance is a claim or complaint by a current or a former employee based upon an event or condition, which affects the circumstances under which an employee works, allegedly caused by misinterpretation, unfair application, or lack of established policy pertaining to employment conditions. Section 3. Purposes of the Grievance Procedure The purposes of the grievance procedure include, but are not limited to: a) providing employees with a procedure by which their complaints can be considered promptly, fairly, and without reprisal; b) encouraging employees to express themselves about the conditions of work which affect them as employees; c) promoting better understanding of policies, practices, and procedures which affect employees; d) increasing employees' confidence that personnel actions taken are in accordance with established, fair, and uniform policies and procedures; e) increasing the sense of responsibility exercised by supervisors in dealing with their employees; f) encouraging conflicts to be resolved between employees and supervisors who must maintain an effective future working relationship, and therefore, encouraging conflicts to be resolved at the lowest level possible of the chain of command; and g) creating a work environment free of continuing conflicts, disagreements, and negative feelings about the Town or its leaders, thus freeing up employee motivation, productivity, and creativity. Section 4. Grievance Procedure When an employee has a grievance, the following successive steps are to be taken unless otherwise provided. The number of calendar days indicated for each step should be considered the maximum, unless otherwise provided. Every effort should be made to expedite the process. However, the time limits set forth may be extended by mutual consent. The last step initiated by an employee shall be considered to be the step at which the grievance is resolved. A decision to rescind a disciplinary suspension or demotion must be approved by the department director or Town Administrator and 47 g6 rescinding a dismissal must be approved by the Town Administrator before the decision becomes effective. Informal Resolution. Prior to the submission of a formal grievance, the employee and supervisor should meet to discuss the problem and seek to resolve it informally. Either the employee or the supervisor may involve the respective department director or the Human Resources Officer as a resource to help resolve the grievance. In some instances, if both parties agree, and with the approval of the Town Administrator, the parties may request mediation. Mediation is the use of a neutral party agreed upon by all parties to the conflict to facilitate the parties in seeking win/win outcomes and identifying mutually agreeable solutions or understandings, thus preserving or enhancing the relationships between employees and supervisors. Mediation differs from arbitration in that no solution is mandated. Mediators may be any party who is perceived as neutral and who has facilitation and/or conflict resolution skills. Mediation may be used at any step in the process. The deadlines contained in this section are intended to be used as guidelines. Step 1. If no resolution to the grievance is reached informally, the employee who wishes to pursue a grievance shall present the grievance to the appropriate supervisor in writing. The grievance must be presented within fifteen calendar days of the event or within fifteen calendar days of learning of the event or condition. The supervisor shall generally respond to the grievance within fifteen calendar days after receipt of the grievance. The supervisor should, and is encouraged to, consult with any employee of the Town in order to reach a correct, impartial, fair and equitable determination or decision concerning the grievance. Any employee consulted by the supervisor is required to cooperate to the fullest extent possible. The response from the supervisor for each step in the formal grievance process shall be in writing and signed by the supervisor. In addition, the employee shall sign a copy to acknowledge receipt thereof. The responder at each step shall send copies of the grievance and response to the Human Resources Officer. Step 2. If the grievance is not resolved to the satisfaction of the employee by the supervisor, the employee may appeal, in writing, to the appropriate department director within ten calendar days after receipt of the response from Step 1. The department director shall respond to the appeal, stating the determination of decision within ten calendar days after receipt of the appeal. Step 3. If the grievance is not resolved to the satisfaction of the employee at the end of Step 2, the employee may appeal, in writing, to the Town Administrator within ten calendar days after receipt of the response from Step 2. The Town Administrator may, at his/her discretion, schedule a formal or informal grievance hearing to consider the issue(s) presented or schedule mediation. The Town Administrator shall respond to the appeal, stating the determination of decision in a timely manner, generally within ten calendar days after receipt of the appeal. The Town Administrator's decision shall be the final decision. The Town Administrator will notify the Town Council of any impending legal action. Department Directors. In the case of department directors or other employees where the Town Administrator has been significantly involved in determining disciplinary action, including dismissal, the Town may wish to obtain a neutral outside party to either: a) provide mediation between the grieving department director and the Town Administrator (see definition of mediation in informal resolution" above); or b) consider an appeal and make recommendations back to the Town Administrator concerning 48 87 the appeal. Such parties might consist of human resource professionals, attorneys trained in mediation, mediators, or other parties appropriate to the situation. The Town Administrator's decision shall be the final decision. The Town Administrator will notify the Town Council of any impending legal action. Section 5. Role of the Human Resources Officer Throughout the grievance procedure, the roles of the Human Resources Officer shall be as follows: a) to advise parties (including employee, supervisors, and Town Administrator) of their rights and responsibilities under this policy, including interpreting the grievance and other policies for consistency of application; b) to be a clearinghouse for information, applicabie forms and decisions in the matter including maintaining files of all grievance documents; c) to give notices to parties concerning timetables of the process, etc.; d) to assist employees and supervisors in drafting statements; e) to facilitate the resolution of conflicts in the procedures or of the grievance at any step in the process; and ) to help locate mediation or other resources as needed. The Human Resources Officer shall also determine whether or not additional time shall be allowed to either side in unusual circumstances if the parties cannot agree upon extensions when needed. If the Human Resource Officer has direct involvement with the situation surrounding the grievance in a manner that diminishes perceived neutrality, the Town Administrator or another person appointed by the Town Administrator may assume the role described in this section. Section 6. Grievance and Adverse Action Appeal Procedure for Discrimination When an employee, former employee, or applicant, believes that any employment action discriminates llegally (i.e. is based on an individual's race, religion, color, sex, national origin, sexual orientation, age, veteran status, marital status, political affiliation, non-disqualifying disability, genetic information, or on the basis of actual or perceived gender as expressed through dress, appearance or behavior), he or she has the right to appeal such action using the grievance procedure outlined in this Article. While such persons are encouraged to use the grievance procedure, they shall also have the right to go directly to the Human Resources Officer, Town Administrator or Town Attorney. Employment actions subject to appeal because of discrimination include promotion, training, classification, pay, disciplinary action, transfer, layoff, failure to hire, or termination of employment. An employee or applicant should appeal an alleged act of discrimination within thirty calendar days of the alleged discriminatory action. 49 88 ARTICLE XI. RECORDS AND REPORTS Section 1. Public Information In compliance with North Carolina GS 160A-168, the following information with respect to each Town employee is a matter of public record: a) name; b) age; c) date of original employment or appointment to the service; d) the terms of any contract by which the employee is employed whether written or oral, past and current, to the extent that the Town has the written contract or a record of the oral contract in its possession; e) current position title; f) current salary; g) date and amount of each increase or decrease in salary with the Town; h) date and type of each promotion, demotion, transfer, suspension, separation, or other change in position classification with the Town; i) date and general description of the reasons for each promotion with the Town; j) date and type of each dismissal, suspension, or demotion for disciplinary reasons taken by the Town. If the disciplinary action was a dismissal, a copy of the written notice of the final decision of the Town setting forth the specific acts or omissions that are the basis of the dismissal; and k) the office to which the employee is currently assigned. Any person may have access to this information for the purpose of inspection, examination, and copying, during regular business hours, subject only to such rules and regulations for the safekeeping of public records as the Town may adopt. An individual examining a personnel record may copy the information. The cost of photocopying may be assessed to the individual who requests the copies. For the purposes of this subsection, the term "salary" includes pay, benefits, incentives, bonuses, deferred and all other forms of compensation paid by the Town. A record will be maintained of all disclosures of personnel records, except for authorized personnel processing personnel actions or supervisors in the line of authority of the employee. Upon request the records of disclosure will be made available to the employee to whom it pertains. Section 2. Access to Confidential Records All information contained in a Town employee's personnel file, other than the information mentioned above is confidential and shall be open to inspection only in the following instances: a) the employee or his/her duly authorized agent may examine all portions of his/her personnel 50 89 file except letters of reference solicited prior to employment, and information concerning a medical disability, mental or physical, that a prudent physician would not divulge to the patient; b) a licensed physician designated in writing by the employee may examine the employee's medical record; c) a Town employee having supervisory authority over the employee may examine all material in the employee's personnel file; d) by order of a court of competent jurisdiction, any person may examine all material in the employee's personnel file; e) an official of an agency of the State or Federal Government, or any political subdivision of the State, may inspect any portion of a personnel file when such inspection is deemed by the Town Administrator to be necessary and essential to the pursuit of a proper function of the inspecting agency, but no information shall be divulged for the purpose of assisting in a criminal prosecution of the employee, or for the purpose of assisting in an investigation of the employee's tax liability. However, the official having custody of the personnel records may release the name, address, and telephone number from a personnel file for the purpose of assisting in a criminal investigation; an employee may sign a written release to be placed in his/her personnel file that permits the record custodian to provide, either in person, by telephone, or by mail, information specified in the release to prospective employers, educational institutions, or other persons specified in the release; g) the Town Administrator, with the concurrence of the Town Council, may inform any person of the employment, non-employment, promotion, demotion, suspension or other disciplinary action, reinstatement, transfer, or termination of a Town employee, and the reasons for that action. Before releasing that information, the Town Administrator shall determine in writing that the release is essential to maintaining the level and quality of Town services. The written determination shall be retained in the Town Administrator's office, is a record for public inspection, and shall become a part of the employee's personnel file. Each individual requesting access to confidential information will be required to submit satisfactory proof of identity. The Town Council shall establish procedures for all personnel files containing information other than the public information mentioned above whereby an employee who objects to material may place in the file a statement relating to the material. Section 3. Personnel Actions The Human Resources Officer, with the approval of the Town Administrator, will prescribe necessary forms and reports for all personnel actions and will retain records necessary for the proper administration of the personnel system. There shall be one set of official personnel files, centrally located as designated by the Town Administrator, normally in the Human Resources Office. Any document not located there is not an official part of that employee's personnel record. These files shall contain documents such as employment applications and related materials, records of personnel actions, documentation of employee warnings, disciplinary actions, performance evaluations, retirement, letters of recommendation, and other personnel-related documents. 51 g0 Section 4. Records of Former Employees The provisions for access to records apply to former employees as they apply to present employees. Section 5. Remedies of Employees Objecting to Material in File An employee who objects to material in his/her file may place a statement in the file the material considered to be inaccurate or misleading. In accordance with established relating to procedures, the employee may seek to have a record of upheld grievances relating to grievance records placed in the file and/or may seek removal of material in the file contingent personnel the North Carolina Department of Cultural Resources. upon approval of Section 6. Penalties for Permitting Access to Confidential Records Section 160A-168 of the General Statues provides that any public official or and willfully permits any person to have access to any confidential information employee contained who knowingly in employee personnel file, except as expressly authorized by the designated custodian, is an misdemeanor and upon conviction shall be fined in an amount consistent with the General Statutes. guilty of a Section 7. Examining and/or Copying Confidential Material without Authorization Section 160A-168 of the General Statutes of North Carolina provides that any not authorized to have access to a personnel file designated as confidential, who person, shall specifically willfully examine in its official filing place, remove: or copy any portion of a confidential knowingly and shall be guilty of a misdemeanor and upon conviction shall be fined consistent with personnel file Statutes. the General Section 8. Destruction of Records Regulated No public official may destroy, sell, loan, or otherwise dispose of any public record, accordance with NC General Statute 121.5, without the consent of the North Carolina except in Cultural Resources. Whoever Department of unlawfully removes a public record from the office where is or kept, whoever, alters, defaces, mutilates or destroys it will be guilty of a misdemeanor it and usually conviction will be fined in an amount provided in NC General Statute 132.3. upon 52 91 ARTICLE XII. IMPLEMENTATION OF POLICIES Section 1. Conflicting Policies Repealed All policies, ordinances, or resolutions that conflict with the provisions of these policies are hereby repealed. Section 2. Separability If any provision of these policies or any rule, regulation, or order hereunder of the of provision to any person or circumstances is held invalid, the remainder of these application and such application of such remaining provisions of these policies of such rules, policies the persons or circumstances other than those held invalid will not be affected regulations, or orders to thereby. Section 3. Amendments This policy may be amended by action of the Town Council and by resolution approved. Any revisions or amendments adopted in conformance with this shall appropriately effective as of the date of such adoption. procedure become Notice of any amendment to the policy or any portion thereof, shall be provided to Adopted amendments should be posted on bulletin Councils in employee work locations, employees. emailed to employees, andlor placed in employee newsletters. 53 92 TOWN LOUISBURG III NO - RT H CAROLIN/ A Charming Since 1779 TO: TOWN COUNCIL FROM: Sean Medlin, Town Administrator DATE: September 14, 2023 RE: Surplus Property - 1991 Generac Diesel Generator REQUEST: To Approve Surplus Property = 1991 Generac Diesel Generator BACKROUND: The Town, which owns a 1991 Generac Diesel Generator, is in the process of replacing the above-mentioned generator. The 1991 Generac Diesel Generator, which is housed at the Karl T. Purnell Safety Complex, has reached its useful life; therefore, staff is requesting Council to approve surplus of property. COUNCIL ACTION: Motion to Approve the Surplus of Property. 93 RESOLUTION NO. 2023-R- [A Resolution to Declare and Dispose of Surplus Property] WHEREAS: 1. The Town ofl Louisburg owns certain item of personal property that are no longer functional for governmental purposes, and such property is identified as a 1991 Generac Diesel Generator, Model # 91A01441-S, Serial Number 995541 2. This Council desires to declare the property surplus and to dispose of the property by auction in conformance with the North Carolina General Statutes. NOW THEREFORE BE IT RESOLVED BY THE TOWN OF LOUISBURG TOWN COUNCIL DULY ASSEMBLED THAT: 1. The personal property, a 1991 Generac Diesel Generator, are hereby declared to be surplus properly. 2. The Town Administrator is hereby authorized to dispose of the surplus personal property consistent with North Carolina General Statues and perform all necessary steps associated with its disposal. 3. That the surplus property will be sold "as is" and all sales will be final; The Town ofLouisburg makes no express or implied warranties of merchantability of any surplus property, or part thereof, or its fitness for any particular purpose regardless of any oral statements that may be made concerning the surplus property or any part thereof. ATTEST: SIGNED: Pamela F. Perry, Town Clerk Christopher L. Neal, Mayor DATE 94 - IIII LOUISBURG NORTH CAROLINA CharmingSinel 1779 MEMORANDUM To: Mayor Christopher Neal and Town Council From: Sean Medlin, Town Administrator Subject: Administrator'" S Report Date: September 14, 2023 Attached you will find the August financials for the Town ofLouisburg. The revisions to the contract prepared by the construction attorney will be submitted to Oakley Collier, for review, within the week. The fall funding application will be submitted by October 2nd related to the two remaining rotor tubes at the sewer plant that need replacing. Development in and around the Town continues as you can see individual sites being constructed. In phase 1 ofthe Green Hill subdivision, we should be seeing homes constructed in the next couple of months, construction plans for Forest Hills have been approved, and Louisburg Falls is working on construction plans. As you all are aware, Reuben Carden, Finance Director, has resigned and his last day will be September 19th. The position of Finance Director has been posted and we are working to fill all open positions. (919) 496-4145 * FAX (919) 496-6319 " madinetomotoustupcon 95 TOWNFLOUISBURG TOWN OF LOUISBURG NORTH CAROLINA Monthly Financial Dashboard Oimiglm179 FISCAL YEAR ENDING August 31, 2023 Reporting Period: August 31, 2023 OUR CASHIN RESERVES.. OUR CASHF FLOWS.. Balances on. August 31, 2023, in whole dollars Comparison of FYTD % CASH & INVESTMENTS BY ACCOUNT GENERAL FUND REVENUES & EXPENSES Prior FYTD % Current FYTD % CHECKING ACCOUNT Fiscal Year Budget $ 4,933,863 $ 4,397,015 Aug-22 Aug-23 Revenues Fiscal Year to Date $ 409,134 19.52% 9.30% Operating $ 496,340 $ 474,457 Expenses Fiscal Year to Date > 686,811 12.32% 15.62% Powell Bill 81,690 49,799 TOTAL CHECKING $ 578,030 $ 524,256 ELECTRIC FUND REVENUES &E EXPENSES Fiscal Year Budget $ 8,120,863 $ 9,213,623 OTHERA ACCOUNTS Revenues Fiscal Year to Date 1,364,177 17.01% 14.81% Aug-22 Aug-23 Expenses Fiscal Year to Date $ 965,633 14.87% 10.48% NCCMT Primary Account $ 2,399,122 $ 1,141,864 WATER FUND REVENUES & EXPENSES General Fund 40,075 $ 45,179 Fiscal Year Budget $ 1,877,071 $ 1,866,130 Rate Stabilization $ 8,073 $ 8,423 Revenues Fiscal Year to Date $ 341,288 17.63% 18.29% Electric Fund $ 5,276 $ 5,504 Expenses Fiscal Year to Date $ 301,533 9.72% 16.16% Water Fund 1,485 $ 1,549 Sewer Fund $ 1,389 $ 1,450 SEWERI FUND REVENUES & EXPENSES W/S Capital Reserve > 2,734 $ 2,853 Fiscal Year Budget $ 1,734,185 $ 1,794,280 Truist Bank Revenues Fiscal Year to Date 270,358 18.22% 15.07% General Fund $ 248,137 $ 257,302 Expenses Fiscal Year to Date $ 196,587 9.48% 10.96% Electric Fund $ 1,684,360 $ 1,745,153 Water Fund $ 450,645 $ 468,042 SANITATION FUND REVENUES & EXPENSES Sewer Fund $ 272,453 $ 280,560 Fiscal Year Budget $ $ 471,049 Police Pension $ 163,677 $ 169,716 Revenues Fiscal Year to Date $ 77,618 0.00% 16.48% First Citizens Bank Expenses Fiscal Year to Date $ 64,402 0.00% 13.67% Investment $ 848,838 $ 849,708 Escrow $ 564,355 $ 566,437 POLICE SEPARATION ALLOWANCE FUND MedFlex S 1,333 $ 1,333 Fiscal Year Budget $ 18,700 $ 18,700 TOTAL OTHER $ 6,691,952 $ 5,545,073 Revenues Fiscal Yeart to Date $ 3,116 16.66% 16.66% Expenses Fiscal Year to Date $ 0.00% 0,00% TOTAL ALL ACCOUNTS $ 7,269,982 $ 6,069,329 SPECIFIC REVENUE COLLECTIONS. ATA A GLANCE.. OUR PROPERTYVALUES. Comparison of FY% PROPERTY VALUATION TAXRATE TAXI LEVY Prior Current Property' Valuation $ 318,161,150 0.50 $ 1,590,806 AD VALOREMI PROPERTY TAX FY% FY% Less: Estimated Uncollectible $ (31,816) Fiscaly Year Budget $ 1,411,504 $ 1,608,990 Total Town $ 318,161,150 0.50 $ 1,558,990 Revenues this Month $ 29,903 2.17% 1,86% Revenues FYTD $ 29,903 2.17% 1.86% EXPENDITURES, ATA GLANCE. SALES & USE TAX Fiscal Year Budget $ 700,695 $ 732,523 Comparison of Monthly Expenses Revenuest this Month $ 8.29% 0.00% GENERALFUND Fiscal Year This Month's Expenses Revenues FYTD $ 17.32% 0.00% DEPARTMENTS 23-24 Budget Prior FY Current FY FRANCHISE TAX GB/Admin/Planning $ 717,725 $ 29,460 $ 37,100 GENERAL FUND Police $ 2,038,539 $ 130,704 $ 199,962 Fiscal Year Budget $ 238,708 $ 215,262 Fire $ 797,924 $ 60,689 $ 104,672 Revenues this Month $ 0.00% 0.00% Street $ 565,502 $ 35,293 $ 38,500 Revenues FYTD $ 0.00% 0.00% Recreation 277,325 $ 15,370 $ 13,630 ABC STORE 4,397,015 $ 271,516 $ 393,864 Fiscal Year Budget $ 175,000 $ 200,000 ELECTRICI FUND Revenues this Month $ 0.00% 0.00% G8/Admi/Paning/Bus: Off $ 761,915 $ 52,539 $ 52,329 Revenues FYTD $ 0.00% 0.00% Electric Operations S 8,451,708 $ 578,385 $ 662,427 FIRE DISTRICT TAX 9,213,623 $ 630,924 $ 714,756 Fiscaly Year Budget $ 384,726 $ 449,623 WATER FUND Revenues this Month $ 35,815 3.40% 7.97% Ga/Admi/Panning/Bus: Off $ 235,806 $ 13,854 $ 14,650 Revenues' FYTD $ 35,815 3.40% 7.97% Water Operations $ 1,630,324 $ 85,693 $ 184,254 SANITATION 1,866,130 $ 99,547 $ 198,904 Fiscal Year Budget $ 433,560 $ 471,049 SEWER FUND Revenues this Month $ 36,175 8.37% 7.68% GB/Admi/Paning/Bus: Off $ 216,422 $ 13,809 $ 13,985 Revenues FYTD $ 72,474 16.58% 15.39% Sewer Operations $ 1,577,858 $ 67,394 $ 102,593 SCHOOL RESOURCE CONTRIBUTION 1,794,280 $ 81,203 $ 116,578 Fiscal Year Budget $ 140,000 $ 140,000 SANITATION FUND Revenues this Month $ 0.00% 0.00% Solid Waste 471,049 $ 30,653 $ 33,313 Revenues FYTD $ 0.00% 0.00% 471,049 $ 30,653 $ 33,313 96 Notes to the Financial Statements for the month of August 2023 reflect the following: General Fund: REVENUES The following revenues were received in the month of August. Tax Levy & Vehicle Tags funds received from the County totaling $29,903.26. - Fire District Tax received from the County totaling $35,814.78. - Recreation Registration Fees totaling $4,500.00. Posted Transfer from Electric Fund to General Fund and PILOT totaling $32,021.23. EXPENDITURES The expenditures below represent highlights for the month of August. Note that Workers Comp, General Liability insurance, dues and subscriptions will be paid in advance therefore they will skew the trends early in the fiscal year. This holds the same for all funds. Overall, salaries and benefits are trending as budgeted with minor exceptions. Fire Department Overtime budget will likely need adjusting. Brownfields expenditures totaled $5,321.88. - Code Enforcement expenditures totaled 92,420.00. Police Capital Outlay expenditures totaled $63,861.98. Includes the body camera annual payment of $21,316.98 (Year 1 of 5) & $42,545.00 payment for the new Ford Explorer. Annual Fire Truck Lease Payment made totaling $44,074.00. 4 Fire Department Capital Outlay expenditures totaled $7,896.61 for Ram tool. * Powell Bill expenditures totaled $1,215.96. - Utility Complex Lease Payment made totaling $5,980.74. Event Series - FNOTT expenses totaled $4,105.00. Electric Fund: REVENUES The following revenues were received in the month of August. All revenues in the Electric Fund are running at the expected monthly targeted values. The interest revenue will fluctuate based on current market investment rates, investment maturity dates and service fees. Revenues related to Electric Sales totaled $635,158.90. Late Fees related to Electric totaled $5,114.10. The funds related to this charge are found under the Miscellaneous Account. EXPENDITURES The expenditures below represent highlights for the month of August. - Code enforcement expenditures totaled $2,420.00. 97 Overall, salaries and benefits are trending as budgeted with minor exceptions. - Purchase of Power totaled $390,374.83. Posted Transfer from Electric and PILOT to the General Fund in the amount of $32,021.23. Building Maintenance expenditures totaled $7,180.11, primarily due to Operation Center roof repair of $6,500.00. Maintenance of Lines expenditures totaled $32,669.09 for purchase of stock materials. Capital - Lines expenditures totaled $22,217.05. Utility Complex Lease Payment made totaling $59,807.45. Water Fund: REVENUES The following revenues were received in the month of August. Water Sales including Bulk Sales totaled $157,178.04. Late Fees related to Water totaled $1,305.19. The funds related to this charge are found under the Miscellaneous Account. EXPENDITURES The expenditures below represent highlights for the month of August. Overall, salaries and benefits are trending as budgeted with minor exceptions. WTP Equipment Maintenance totaled $15,438.99, primarily due to Pump #3 motor control installation & Filter #1 maintenance. Chemical expenditures totaled $4,770.42. Building Maintenance expenditures totaled $3,417.91, primarily due to Operation Center roof repair of $2,925.00. Water Treatment Capital Outlay totaled $67,169.72 for Bypass Line installation. Capital - Lines expenditures totaled $6,150.00. Utility Complex Lease Payment made totaling $26,913.35. Sewer Fund: REVENUES The following revenues were received in the month of August. Sewer revenues totaled $115,928.37. Late Fees related to Sewer totaled $1,774.48. The funds related to this charge are found under the Miscellaneous Account. EXPENDITURES The expenditures below represent highlights for the month of August. Salaries and benefits are trending as budgeted with minor exceptions. Building Maintenance expenditures totaled $3,417.91, primarily due to Operation Center roof repair of $2,925.00. Capital - Lines expenditures totaled $6,150.00. Utility Complex Lease Payment made totaling $26,913.35. 98 Sanitation Fund: REVENUES The following revenues were received in the month of August. Sanitation charges for the month are within line of the expected running rate of $36,174.53. This amount will fluctuate due to customers moving in and out oft the district. Late Fees related to Sanitation totaled $1,106.23. The funds related to this charge are found under the Miscellaneous Account. EXPENDITURES The expenditures below represent highlights for the month of August. Salaries and benefits are trending as budgeted with minor exceptions. Lease payment made on Trash truck totaled $4,953.62. 99 LOUISBURG POLICE DEPARTMENT POLICE G 1779 LOUISBURG, NG. 104 Wade. Avenue phone (919)496-4175 Louisburg, NC 27549 Chief Jason Abbott fax (919)496-1200 oumolloutahurgorpale September 2023 Council Report Presented by Chief Jason Abbott 1. Employee Actions and Recognitions Louisburg Officers received an assortment of gifts by a number of organizations in recognition of Patriot's Day -9/11. Gifts were brought to the office by Carlie C's, Louisburg Healthcare & Rehab, and Perry's Chapel Baptist Church. 2. Recruiting & Retention None 3. Community Tip A young mother took to Facebook this past month and gave an account of a suspicious interaction that she had with a stranger in Walmart. The lady stated in the post that a strange man was following her and her daughter around the store and it made her very uncomfortable. This post drew out a number of other people who gave similar stories of suspicious men at Walmart. Because of this, our safety tips for the month will involve shopping and pocketbook safety. Wherever you shop, stay alert and tuned in to your surroundings. Park in well-lighted areas and avoid parking in dark places or areas hidden by trees and shrubbery. Have your keys in hand prior to exiting the store. Don't overload yourself with packages. Avoid displaying large amounts of cash when paying at the register. Carry your purse close to your body with a firm grip, not dangling by the strap. Avoid leaving your purse in the shopping cart while you walk around. Ifyou think someone is following you, walk toward an open area oft the store where other people are around and call the police. Remember that criminals look for the easiest opportunities. Report these incidents to the police immediately. 1Page l0o LOUISBURG POLICE DEPARTMENT POLICE NEC 1779 LOUISBURG. N.C. 104 Wade Avenue phone (919)496-4175 Louisburg, NC 27549 Chief Jason Abbott fax (919496-1200 mumalleuahurer/pals. 4. Complaints Against Officers and Findings I reported an arrest at last month's s meeting that occurred on July 29 which resulted in a use of force incident. The officers stopped the individual for a traffic violation and it was determined that the driver was an absconder from probation, as well as driving while impaired. The driver gave a false name and physically resisted the lawful arrest. A brief scuffle ensued which resulted in cuts, scrapes, and bruises to the officers and suspect. A portion ofthe scuffle was captured on video by the passenger in the vehicle and it was posted on Facebook. All use-of-force incidents are reviewed by me personally and I had already conducted a review before I was made aware of the Facebook video. I watched the video and concluded that the force used was reasonable and appropriate. I received a lctter from an individual stating that he is the father oft the driver arrested in this incident and he feels that excessive force was used. An independent review of the video by a police executive from another larger agency concluded the same that the force was reasonable. In fact, it was pointed out in that review that the officers used the least amount of force necessary for the resistance. 5. Use-of Force and Vehicle Pursuits None 6. Operations & Notable Investigations We regularly work with staff at Maria Parham Franklin to meet our obligations in the processes of serving Involuntary Commitment Orders on patients at the ER and transfers to the Behavioral Health Unit. We continue to work security for school and college athletic events and concerts at the college. We continue to work with ALE to address a number ofi issues at ABC permitted establishments in town. We are preparing and planning for security at the FNOT Concert Series. We continue to receive a number of thefts from retail establishments. There has been an uptick of these reports recently. Officers made a number of drug arrests this month. 8/29 - Officers responded to an armed robbery at MGM Sweepstakes. The suspect was identified and arrested shortly after the incident. Thankfully, no injuries were reported and the perpetrator was captured. 2IPage 1ol LOUISBURG POLICE DEPARTMENT POLICE Ng 1779 LOUISBURG. N.C. 104 Wade. Avenue phone (919496-4175 Louisburg, NC 27549 Chief Jason Abbott fax (919)496-1200 omallousargorpale 9/8 - Officers responded to a vehicle collision where two utility poles were struck on South Main St and the power was out for a large portion oft town. The driver was transported from the scene with injuries and it was later discovered that he also had a gunshot wound. It was determined that the shooting happened on Cooper St and warrants are outstanding for one individual connected to this incident. The case is still under investigation. 9/13, 3:15 am - Officers responded to a gunshot victim at 102 Loy Dr. The victim was deceased upon arrival. The shooter was arrested at the scene and has been charged with murder. 7. Budget Summary We are 17% of the way through the fiscal year. 22% of the FY 23/24 operating budget has been encumbered as of August 31, 2023. Grants: We are wrapping up the current GCC IT Grant Project. All equipment has been purchased and we are now working through the process for reimbursements. 8. Department Training Summary Pepperball Body cam implementation Juvenile Justice Law Physical confrontations Radar Operator 9. Community Outreach and Special Events It want to take a moment to remember a man who protected this community for a number of years. On September 12, staff attended the funeral service for one of our own; retired Louisburg Police Officer Percy "Jack" Edward Williams Jr, affectionately known to many of us as Big Percy. Percy became a Louisburg Police Officer in 1970 and retired after 20 years of service. He later worked as a bailiffi in the Franklin County Courthouse for over 15 years. Percy was a large man with an intimidating stature and a deep voice to match, yet he was known as a gentle giant. The service we attended demonstrated that Percy was deeply loved by his family & friends, and well respected by his peers. We appreciate Percy's contributions to the law enforcement profession and to our community. 3IPage l02 LOUISBURG POLICE DEPARTMENT POLICE NC 1779 LOUISBURG N.C 104 Wade Avenue phone (919)496-4175 Louisburg, NC 27549 Chief Jason Abbott fax (919)496-1200 bemgllouaurgorpale 10. Special Request: Number of citations written in the month of August = 130 The Police Department will have a staff meeting at the Operations Center on Monday, October 2, at 5:30pm. At the beginning of the staff meeting, we will have a brief ceremony to swear in our newest officer, Dray Richardson. I want to extend an invitation to you all to attend this ceremony. We initially wanted to do this here tonight, but the officer's mother could not be here. We hope you all can make it. We will have the ceremony first, then all attendees will be excused, and we will begin our staff meeting. 11. Monthly stats are attached. 4IPage 103 Activity Log Event Summary (Cumulative Totals) Louisburg Police Department (08/01/2023 - 08/31/2023) 911 Hang-ups 14 Accident 27 Alarm Activation 24 Animal Complaint 5 Arrest 9 Arrest (WS) 5 Assault 3 Assist Motorist 14 Assist Other Department 2 B&E 2 Begging 2 Business Check 1 C&R Driver 6 Communicating Threats 1 County Assist 3 Customer Problems 9 Damage to Property 1 Deceased Person 2 Dispute 13 Disturbance 7 Domestic 2 Drugs 1 Escort 15 Escort (Funeral) 5 Escort (Security) 5 Fight 4 Fire Alarm 2 Fraud 5 Funeral Escort 1 Graffiti 1 Harassment 1 Ilegal Parking 1 mformation/Assistance 5 Intoxicated Subject 1 Investigate 1 Juvenile Problems 1 Larceny 8 Lost Property 1 Mental Patient 6 Missing Person 1 Noise Complaint 4 Prowler 1 Public Service Number 16 Request for Service 4 Robbery 1 Serve papers 11 Shoplifting 3 Shots Fired 3 Suicide Threat 1 Suspicious Vehicle/Subject 17 Trespassing 4 TWO: Talk With Officer 25 Unlock car 28 Vehicle Fire 1 Warrant 1 Wasted OCA Number 1 Welfare Check 18 Total Number Of Events: 356 Date: 09/01/2023 Time: 13:42 Page 1 104 Louisburg Fire Department 102 Wade Avenue Louisburg, North Carolina 27549 Station: 919) 496-4290 / Fax: (919) 496-6668 Additional events for Louisburg Fire for the Month of August 2023 On August 6th, LFD responded to a reported house fire at 115 Ben Foster MHP in the rural area of our district. Arrived to find someone setting a lawn mower on fire next to a mobile home resulting in minor damage to the structure. ChiefLanham investigated the fire and found the structure was occupied at the time of the fire. The suspect was located a short time later and arrested by the FC Sheriffs Dept and charged with arson. ChiefLanham and Lt. Wammock visited Makita Tools in Flowery Branch, Georgia to learn about their battery tool selection with hands-on training on August 22nd. LFD Hosted a Child Passenger Safety Seat Clinic at the Community Baby Shower on August 27th. Capt. Seal and Lt. Fogleman covered this event. Conducted fire extinguisher training for At Home Counseling Services on August 28th. Chief Lanham met with Fred Keller of Wake EMC for the annual visit and inspection of Engine 1 on August 30th. 105 Typec of Calls January February March. April May June July Aug Sept Oct Nov Dec Total Calls In Town Total Calls 19 25 28 18 15 25 22 2Z 179 Structure Fires/ / Cooking Fires 0 1 1 0 0 0 1 0 3 Motor Vehicle Crashes 7 7 7 5 6 8 6 49 Fire Alarms 6 6 10 b 12 59 Elec Smoke Scare 1 2 1 11 Service Mediçal / Good Intent 3 9 39 Cancelled Enroute 0 0 0 Brush Fires 0 0 1 3 Other Fires (car fire, gas leaks) 2 0 1 0 0 1 1 8 Weather Related (downed trees etc). 0 1 2 U 1 3 7 Outside ofl Town Total Calls 16 20 12 16 20 18 14 20 136 Structure Fires/ Cooking Fires 5 1 2 2 1 2 2 3 18 Motor Vehlcle Crashes 5 10 10 46 Fire Alarms 3 0 1 21 Elec/ 9 Smoke Scare 0 7 Service / Medical/ Good Intent 3 2 20 Cancelled Enroute 0 0 1 Brush Fires 0 3 0 Z 4 13 Other Fires (carf fire, gas! leaks) 0 0 1 2 0 0 5 Weather Related (downed trees etc) 0 0 0 1 2 0 5 Total Calls 35 45 40 34 35 43 36 47 0 315 Structure Fires 21 Motor' Vehicle Crashes 95 Fire Alarms 80 Elec /S Smokes Scare 18 Service / Medical/ / Good Intent 59 Cancelled Enroute 1 Brush Fires 16 Other Fires( carf fire, gasl leaks) 13 Weather Related Calls 12 Jan Feb March April May June July Aug Sept Oct Nov Dec Total Smoke Alarms Installed 7 3 2 2 0 26 Child Safety Seat! Installations 2 2 7 2 30 Emergency Call Outs (Elec/Public W 0 3 2 11 3 2 6 28 /06