2010 annual town report - Town of Ashburnham, Massachusetts

the employee’s performance or conduct was unsatisfactory, and that removal is proposed as of arecommended date. The department head shall furnish reasons for the recommended removal, andmay terminate the employee upon approval of the Town Administrator.B. In the case of Department Heads, the Town Administrator shall notify the Board of Selectmen inwriting at least thirty days prior to the completion of the probationary period that:the employee’s performance was satisfactory and that the individual should be retained as aregular employee in the position, orthe employee’s probationary period should be extended for another 3 months, orthe employee’s performance or conduct was unsatisfactory, and that removal is proposed as of arecommended date. The Town Administrator shall furnish reasons for the recommended removal,and may terminate the employee upon approval of the Board of Selectmen.SECTION 5 – RULES OF CONDUCT5.35 Procedures for ComplaintB. Complaint: The Town has designated a Sexual Harassment Grievance Officer. The SexualHarassment Grievance Officers are Town Administrator and Administrative Assistant to the TownAdministrator who can be reached at the Town Hall, 32 Main Street, Ashburnham, MA 01430telephone number 978-827-4104 978-827-4100.5.40 Smoking/Tobacco UseSmoking has been identified as the single most important detriment to an individual’s health. For thesmoker, the adverse effects of smoking contribute to a loss of personal health. Smoking also influencesadversely the health of those who become innocent victims of second-hand smoke. Consequently,smoking is prohibited in all public buildings or grounds. The smoking or other use of any and alltobacco products is prohibited in all Town Buildings.5.95 Use of Alcohol/Illegal DrugsUse of alcohol or illegal drugs while driving Town Vehicles is prohibited.SECTION 10 – DISCIPLINARY ACTIONS10.26 Disciplinary HearingWhen a suspension hearing has been recommended, or in the case of a more serious incident andreduction in pay or termination is considered, the Town Administrator will may conduct a disciplinaryhearing. If an employee is terminated without a hearing, the employee may, within five (5) days ofsuch termination, request a hearing. If a hearing is held, the employee shall will be given a letteroutlining the offending actions or behavior to be the subject of the hearing, the date, time and place of thehearing, the employee’s right to be represented by counsel, the right to present witnesses in their ownbehalf and the right to cross-examine witnesses presented against them. At least five (5) days shall beallowed between the notice of hearing and the hearing itself. The Town Administrator shall have theauthority to compel any Town employee to attend the hearing and to be questioned. Following thehearing, within 10 days the Town Administrator will decide what action is to be taken, from the followinglist:Majority “YES”Article 15: To see if the Town will vote to authorize the Board of Selectmen to petition the GeneralCourt to amend Chapter 428 of the Acts of 1986, entitled “An Act Establishing a Selectmen Administration Formof Government for the Town of Ashburnham,” as follows: or act in relation thereto. (Requested by the Board ofSelectmen and Advisory Board)PLEASE NOTE: CHANGES/ADDITIONS WILL BE IN BOLD ITALIC AND DELETIONS WILL BE NOTED BYA STRIKETHROUGH.SECTION 1: Upon the effective date of this act, the Town of Ashburnham shall be governed by theprovisions of this act. To the extent that the provisions of this act modify or repeal existing general laws andspecial acts or that body of law which constitutes the town charter Section 9 of Article LXXXIX of theAmendments to the Constitution of the Commonwealth, this act shall govern. For the purposes of this act, allreferences to officers, employees or other personnel shall apply equally to males and females regardless of thegender or pronoun used. This act shall be cited and shall be known as the Ashburnham Governmental Act.SECTION 2: The Board of Selectmen of said Town of Ashburnham shall appoint the Town Accountant,the Historical Commission, the Arts Commission, the Constables, the Water and Sewer Commissioners, the39 41