Boothbay Harbor Town Seal

Boothbay Harbor Personnel Manual



Adopted by Board of Selectmen 12/14/2009

Parking policy revised 7/11/2011

Firearm policy adopted 11/8/2010

Social Networking policy adopted 11/14/2011






Article One (1)



Article Two (2)

Equal Opportunity & Discrimination Statement


Article Three (3)

Management Rights


Article Four (4)

Hiring Procedures


Article Five (5)

Appointments and/or Hiring


Article Six (6)

Employment of Relatives


Article Seven (7)

Probationary Period


Article Eight (8)



Article Nine (9)

Expectations, Corrective Action and Terminations


Article Ten (10)



Article Eleven(11)

Response Time


Article Twelve (12)

Overtime Compensation


Article Thirteen (13)

Call Back Provision


Article Fourteen (14)

Public Relations, Gifts, Work Place Activities and



Article Fifteen (15)

Jury Duty


Article Sixteen (16)

Bereavement Leave


Article Seventeen (17)

Military Leave


Article Eighteen (18)

Bulletin Board


Article Nineteen (19)

Emergency Shutdowns


Article Twenty (20)

Personal Leave of Absence


Article Twenty One (21)

Disability Leave of Absence


Article Twenty Two (22)

Purchase of Town Owned Property


Article Twenty Three (23)

Use of Town Equipment


Article Twenty Four (24)

Payroll Deductions


Article Twenty Five (25)



Article Twenty Six (26)

Personnel Records


Article Twenty Seven (27)



Article Twenty Eight(28)

Safety Rules


Article Twenty Nine (29)

Non-Smoking Policy


Article Thirty (30)

Labor Union Contracts


Article Thirty One (31)

Outside Employment


Article Thirty Two (32)

Expense Reimbursement


Article Thirty Three (33)

Conflict of Interest


Article Thirty Four (34)

Court Time


Article Thirty Five (35)

Mandatory Training


Article Thirty Six (36)

Identification Fees


Article Thirty Seven (37)

Clothing and Equipment


Article Thirty Eight(38)

Department Head Authority


Article Thirty Nine (39)

Board of Selectmen


Article Forty (40)



Article Forty One (41)

Code of Ethics


Article Forty Two (42)

Internet and Electronic Mail Policy


Article Forty Three (43)

Harassment Policies


Article Forty Four (44)

Substance Abuse Policy


Article Forty Five (45)

Employee Acknowledgement of Receipt and Understanding



Parking Policy



Firearms Policy




The purpose of this Personnel Manual is to provide the employees working for the Town of Boothbay Harbor a document describing the regulations, policies and procedures under which personnel matters are to be governed.

It is further declared that the personnel policy of the Town is to: (1) Employ persons based on merit and fitness, free of personal and political consideration; (2) Provide just and equitable incentives and conditions of employment to promote efficiency, proficiency and economy in the operation of the Town government; (3) Provide sufficient flexibility to meet changing situations and conditions from time to time to enable continuity in the operations of the Town; (4) Maintain high morale by fair administration of this manual and by every consideration of the rights and interests of employees consistent with the best interests of the Town.

It is not the intention of this policy to offer or imply any contract and/or guarantee to the employees of the Town of Boothbay Harbor. It is important to understand that this document is approved by the Board of Selectmen and thus may be changed by the Board of Selectmen. Issues not specifically referred to or those that may from time to time require interpretation shall be resolved by the Town Manager with approval of Board of Selectmen.

The Personnel Manual shall as a minimum have an annual management/staff review to consider amendments to be presented to the Board of Selectmen for their review and adoption as may be deemed appropriate.



 An employee's or an applicant's religion, age, sex, national origin, race or color shall have no bearing on that individual being hired or promoted, and shall not bear on that individual's pay or benefit levels. 

Whenever a reference in this manual is written in a gender it shall apply equally to the other gender.



The Town retains all rights and authority as required to manage its operations and its employees.

All employees are required to abide by the terms of this Personnel Manual and with the rules and regulations as the Town may adopt. Should there be any doubt as to the employee's obligations to comply, she/he shall comply with the rules and regulations, and file a grievance if she/he believes there has been a misinterpretation.

The Town maintains the right to establish contracts, which may include subcontracts, for subcontracts for municipal operations.



Applications shall be on forms provided by the Town of Boothbay Harbor. 

The Town Manager shall post an announcement of vacancies for all municipal positions in newspapers and other publications and in such other places as deemed necessary. Announcements shall specify position, title, salary range, nature of work to be performed, desired qualifications of applicants, closing date for receiving applications, and any other information as may be required for pertinent.

When hiring a new employee or considering an employee transfer or promotion, aptitude and ability tests may be utilized by the Town. Past Performance Evaluations shall be used in consideration of employees seeking transfer or promotion.

The Town may pay for reasonable relocation expenses of a new employee at the discretion of the Town Manager and subject to approval of the Board of Selectmen.

The Town will require consent to conduct an investigation of police records, motor vehicle/driving records, and credit record of the applicant and shall do appropriate reference checks. A physical examination and a substance test, at the expense of the Town, may be required as a condition to a position offer. All such information is to be handled as privileged and/or confidential.

No person with a felony or misdemeanor conviction shall be employed without the approval of the Board of Selectmen.

The best qualified and most suited for the position shall be the Town's hiring objective.



The following types of appointments and/or hiring's may be made to the Town of Boothbay Harbor:

  1. Regular Employees: A regular employee works full time, thirty-five (35) or forty (40) hours per work week (depending on the position) and on a continuing basis (indefinite term). The regular employee is subject to all rules and regulations and receives all benefits and rights as provided by the Personnel Manual.
  2. Student Hiring: Student hires have the purpose of affording students of public administration or other professional areas an opportunity to gain actual work experience in the government sector. Such hiring's for a definite period of time, not to exceed twelve (12) months, and require the approval of the Town Manager. No benefits are provided and when possible subsidized wages through the higher learning institution are encouraged.
  3. Emergency Hiring: In order to prevent stoppage of Municipal operations and services or serious inconvenience to the public, appointment of employees on a temporary basis may be authorized by the Town Manager for a period not to exceed thirty (30) days at a time, with authority to rehire the same person up to a maximum of five (5) times. No benefits are provided.
  4. Part Time Employees: Part time employees are employees who work less than thirty five (35) hours per work week on a regular basis. They are subject to all rules and regulations. Benefits are available on a limited basis in accordance with the appropriate guidelines provided in this Manual.
  5. Special Employees: Employees who serve in a paid capacity to fill special duties, but with no regular or part time schedule. No benefits are provided.
  6. Seasonal Employees: Employees who are hired for a specific activity of short duration which normally relates to a seasonal activity. No benefits are provided.
  7. Hiring Authority: The Town Manager shall be required to hire and, when necessary, to suspend or remove an employee of the Town under his operational jurisdiction. Such authority may be delegated to the Department Head level by the Town Manager subject to the Manager's approval of any such action. The hiring and removal of Department Heads requires the Board of Selectmen's endorsement of the Town Manager's recommendation.



The hiring of members of the same immediate family unit shall be prohibited with the exception of hiring specifically within the Fire Department.



  1. New Hires: For securing the most effective adjustment of the new employee and determining that an employee's work meets the required standards of the department, all appointments shall be made for a probationary period of six (6) months. Prior to the end of six (6) months the Supervisor or Department Head shall prepare and submit an evaluation to the Town Manager. During the probationary period, the Department Head may request to the Town Manager not make the employee a permanent employee. The employee may be discharged with or without cause at any time during the probationary period and has not right of appeal or to use the grievance process.
  2. Promotion/Transfer: For securing the most effective adjustment of the promoted employee or transferee and determining that an employee's work meets the standards required of the new position, all promotions shall be made for a probationary period of six (6) months. At time of promotion/transfer, the employee shall move to the new hire wage rate of the position promoted/transferred to, but no less than their wage in the previous position. Before completion of the six (6) month probationary period the employee shall be eligible for a performance evaluation. The evaluation shall be in written form with a copy provided to the employee and the Town Manager. The Department Head shall discuss with the employee the area(s), which need improvement and provide assistance in correcting any deficiencies. A formal evaluation is to be prepared and submitted to the Town Manager at the end of six (6) months.


A non-probationary employee after notice and hearing may be demoted by a supervisor or the Town Manager to a position of lower grade for which qualified, subject to availability of such a position, for any of the following reasons:

  1. When an employee voluntarily requests a demotion.
  2. An employee would otherwise be laid off because a position is being abolished or is being reclassified to a higher grade, due to lack of funds, or because of the return to work from authorized leave of another employee to such position in accordance with applicable guidelines contained herein.\
  3. When an employee does not possess the necessary qualifications to render satisfactory service in the position held, and it is determined a lower grade position would be more suitable.
  4. A probationary employee is not made a permanent employee in the probationary position, but is qualified for an available lower grade position.


All demotions must receive the approval of the Town Manager unless the Town Manager is the supervisor proposing the demotion. If the employee is demoted unwillingly, the employee shall also receive notice of the appeal procedure provided by this Manual.



  1. Introduction: It shall be the responsibility of each Town employee to maintain a high standard of conduct, cooperation, efficiency, proficiency, economy and safety in the working for the Town. Whenever work habits, attitude, production or personal conduct of an employee falls below an expected standard, the employee's supervisor is expected advise the employee and to specify a set of expectations to correct the problems
  2. Expectations: As an employee of the Town, there are some common expectations in the performance of job which the citizen of BoothbayHarbor and the employer has a right to demand. For the purposes of a common understanding of these expectations the following are noted:
    1. Give to the Town, in exchange for the pay and benefits received a fair day's work.
    2. Be honest in handling money, in reporting hours of work, and in all dealings with the Town and fellow employees. Arrive at work on time and stay at work until the end of the workday.
    3. Arrive at work fit for duty and ready for the day's assignments and work responsibilities.
    4. Follow instructions, procedures, rules, and policies.
    5. Use best efforts in performing work so that it is accurate, done on time and in a skillful manner.
    6. Work overtime when requested.
    7. Exercise care in handling property belonging to the Town and to fellow employees.
    8. Work without the influence of alcohol and non-prescribed drugs.
    9. Work safely.
    10. Deal courteously with the public.
  3. Violations Subject to Disciplinary Action: The seriousness of an offense will vary with the circumstances prevailing at the time it occurred, the motives which prompted it, and the employee's past record. All factors are considered when determining the appropriate action to take in a particular situation. The following acts shall constitute just cause for corrective action up to and including discharge. This list is an example of unacceptable standards and acts and is not intended to all inclusive.
    1. Dishonesty
    2. Use of, under the influence of, or sale/purchase of alcohol or drugs during working hours or within the workplace.
    3. Recklessness on the job to include use of equipment and vehicles.
    4. Inefficiency and/or in-competency.
    5. Habitual tardiness and unauthorized absence from duty.
    6. Misconduct.
    7. Attitude which constitutes unwholesome influence on other employees and the workplace.
    8. Failure to obey a reasonable order whether verbal or written.
    9. The use of abusive language toward peers, a superior or the general public.
    10. Conviction of a criminal act.
    11. Fraudulently obtaining any form of leave.
    12. Obtaining materials or information on fraudulent orders or representation, stealing, accepting bribes in the course of work.
    13. Falsification of employment application or other documents.
    14. Other action or conduct materially affecting or impairing the efficiency of the municipal service or that brings the community into public disrepute.
  4. Political Activity: While performing their normal work duties, employees shall refrain from seeking or accepting nomination or election to any office in the Town government, and from using their influence publicly in any way for or against any candidate for elective office in the Town government. This rule is not to be construed to prevent Town employees from becoming, or continuing to be, members of any political organization, from attending political meetings, running for public office (that does not violate our conflict of interest policy), from expressing their views on political matters, or from voting with complete freedom in any election.
  5. Corrective Action: When a supervisor or the Town Manager believes that corrective action is needed, the nature of the problem and the employee's past record shall be considered in selecting the appropriate action, which may include:
    1. Verbal reprimand and/or counseling (even though 'verbal';?� delivery is documented in writing).
    2. Written reprimand and/or counseling.
    3. Suspension with pay pending a termination hearing.
    4. Termination with pay pending a termination hearing.
  6. An employee who receives discipline shall receive a copy of the documentation being placed in the personnel file. All corrective action requires the approval of the Town Manager.
  7. Discharge: When discharge is being considered, an employee may be suspended with or without pay from work pending investigation. Before being discharged, the Town Manager shall conduct a pre-termination hearing to afford due process to the affected employee in accordance with the following procedure:
    1. The employee shall be given at least three working days advance notice of the hearing.
    2. At the hearing the employee shall have the opportunity to present facts and information to be considered for his/her cause.
    3. If discharged, or otherwise disciplined, the employee will receive a written statement of the reasons.
    4. If the employee is dissatisfied with the action taken, a grievance may be filed according to the grievance procedure in this manual.
  8. Recording Corrective Procedures: The Town Manager and/or Department Head shall document all corrective actions and a record of same shall be placed in the employee's personnel file.
  9. Grievance Procedure: A grievance, for purposes of this manual, shall be defined as any controversy, complaint, misunderstanding or dispute which an employee has as to the meaning and application of specific sections of this manual.


Every reasonable effort shall be made by the parties involved to arrive at a fair and equitable resolution of every grievance prior to resorting to this grievance procedure. If this is found to be impossible, the matter may be submitted to the grievance procedure in accordance with the following steps:


  1. Within ten calendar days after the occurrence of cause for the grievance the aggrieved employee shall write up, sign the grievance, and submit it to the Department Head. The Department Head shall submit a written answer to the grievance within ten calendar days after receipt of the written grievance. A copy of the grievance and the reply shall be provided to the Town Manager.
  2. If the answer of the Department Head does not resolve the grievance, the employee may, within seven calendar days from receipt of such answer, submit the grievance to the Town Manager. The Town Manager will meet with the parties and respond in writing to the grievance within 14 calendars from receipt of the written Step 2 grievance.
  3. If the Town Manager's response does not resolve the grievance, the employee may, within 10 calendar days from the receipt of response submit an appeal to the Board of Selectmen. The Board shall hear the appeal within 15 calendar days of receipt of the appeal, and shall render a decision, which shall be final, within 10 days from the appeal hearing date, unless those timeframes are impractical.





The workweek begins at 12:01 A.M. Wednesday and ends at 12 midnight the following Tuesday. The workweek shall normally be forty (40) hours. A few staff members currently work full time on a thirty five (35) hour schedule. Efforts shall be made to provide a work schedule of five consecutive days of work.

All full time employees shall be allotted time for a lunch break and for a fifteen (15) minute morning and afternoon break. Lunch breaks shall be defined as one half hour to one hour and may be altered at the discretion of the Department Head or Town Manager. Lunch breaks do not count as time worked unless by operational necessity or workplace environment an employee eats lunch at their work station and is required to perform job junctions. Breaks are scheduled by department in such a manner that no department is closed during the normal workweek unless expressly permitted by the Town Manager. Employees who are late to work may be docked wages at the discretion of the Town Manager in increments of fifteen minutes.

Employees shall notify their supervisor or the Town Manager's office within the first two hours of the work day when they are unable to report to work on time or will be absent for the day for any reason. A telephone number shall be given where they can be reached. Supervisors should advise the Town Manager of the reason for an employee's absence.

A supervisor or Town Manager may reschedule an employee's workweek and/or day.

Employees are responsible to record their own time worked and shall not record that of any other employee on a time sheet. When recording a day off on a time sheet, the employee shall denote what type of day off one has taken (vacation, sick, holiday) so that it may be accounted for properly. The Supervisor or Department Head is to sign off on the time sheet prior to it being turned in to payroll.



 Employees whose duties include responding to emergency operational situations and who are or have been hired after January 1, 1977, upon completion of the probationary period, shall reside within twenty (20) road miles of their work place. Any employee changing her/his residence will move within or maintain the twenty (20) mile distance. This requirement may be waived at the discretion of the Town Manager. If a waiver is granted, the notice of waiver, date of approval, and address of the employee at the time of the waiver, will be placed in the employee's personnel file.




  1. Overtime: Employees who are not exempt from the overtime provisions of the Fair Labor Standards Act shall be paid at the rate of time and one-half for all hours worked over forty (40) hours in one work week. Holiday, vacation and sick hours shall not be counted as hours worked when computing overtime. Non-exempt employees working on a Town recognized holiday shall be paid time and one-half.
  2. Salaried Employees: Employees who are on a salaried basis, such as supervisors and Department Heads, and who are exempt by law from the payment of overtime shall periodically find it necessary to work beyond the normal work schedule for proper performance of work duties and responsibilities. Such occasional overtime is considered part of the job and ordinarily no additional pay above the weekly salary will be authorized.
  3. Compensatory Time Off ' Non Exempt Employees Only: An employee who earns overtime may elect to convert this credit into compensatory time off at the rate of one and one-half hours of comp time for each hour worked in excess of forty hours in a work week. An employee may accumulate up to 40 hours of comp time, after which all overtime shall be paid as wages. In extenuating circumstances and upon written request, to the Town Manager comp time may be carried forward from one fiscal year to the next. Any balance at the end of each fiscal year will be cashed out. Upon termination of employment the out standing balance of comp time shall be paid to the employee at the current wage rate. An employee must request use of comp time no less than two work days in advance and receive permission from the Supervisor or Department Head.
  4. Work Place Activities: The routine sale of merchandise and/or the distribution of any literature, petitions, or surveys shall not be allowed during work hours in the work place. No employee shall engage in any business other than municipal duties during work hours.
  5. Confidentiality: Many town employees have access to confidential information pertaining to persons, property or business of the Town. Privileged information is to be kept private. Each employee is charged with the responsibility of releasing only information which is required under the 'Right To Know Law';?�. Any employee violating such confidence may be terminated from employment with the Town after notice and hearing.



Employees of the Public Works Department who are responsible to respond to work to meet operational necessities shall receive a minimum of a three (3) hour block of pay at time and a half regardless of whether an employee works in excess of forty (40) hours. Call back time shall be recorded separately on the weekly payroll sheets.



  1. Public Relations: The measure of Town government is, to a large extent, based on the attitude and personal conduct of its employees. It is expected that all employees will avoid conduct at work or elsewhere that might cause embarrassment to, or criticism of, the Town. Sometimes the Town employee is the only contact the private citizen has with municipal government. Although the citizen may not always be right, that person has a vested interest in the Town of Boothbay Harbor and its government. Therefore, it is essential that the attitude and actions of the employees, both on and off the job represent the Town in a credible and positive manner. Good public relations can best be created by the simple process of being helpful and courteous at all times.
  2. Team Effort: Management and employees work toward the same goal which is to bring efficient and economical municipal service to the citizens. This can only be achieved by management-employee-staff cooperation. Management shall at all times give due consideration to all employee suggestions concerning methods of which efficiency and economy of municipal services can be improved.
  3. Work Place Activities: The routine sale of merchandise and/or distribution of any literature, petitions, or surveys shall not be allowed during work hours in the work place. No employee shall engage in any business other than municipal duties during work hours.




Employees called to be a Juror will be excused from her/his work for the period required and will be paid the difference between the fee received from such service and the amount of straight time earnings lost by reason of such service. If the jury is prematurely excused from duty during the time of the employee's service, the employee is expected to report for work as usual. Satisfactory evidence of such service must be submitted to the Town Manager through the employee's Department Head or Supervisor.



  1. Three work days in the event of the death of an employee's: Spouse, child, parent, step parent, grandparent, brother/sister, step brother/sister, parent in-law, and domestic partner.
  2. Two work days in the event of the death of other relatives of the employee.
  3. At the Town Manager's discretion additional leave time may be granted depending upon extenuating circumstances. The Town Manager may allow the extended leave time as either paid or unpaid days.



 Employees who are members of the organized military reserves or National Guard and are required to perform field duty will be granted leave as required by Federal law. If an employee is called for military deployment their position and accrued benefits are protected along with seniority. They shall accrue no further benefits during the leave of absence and must return to work within thirty (30) days of release from active duty or a notice and hearing will take place to consider them to have resigned their position.



The Town shall provide a bulletin board at the work location of employment for the purpose of official means of communication with employees. Only authorized people as designated by the Town Manager shall put up, take down, or alter items on the board.



 In case of bad weather, power failure or other unforeseen problems, the Town Manager may shut down the place of employment and send employees home. Employees shall be paid for the day's work. When the Town Manager does not shut down the place of employment, but employees are concerned about similar problems or safety, they may take unscheduled vacation days or agree to a work week schedule adjustment with approval of the Town Manager.



An employee who has completed the probationary period may be granted an unpaid personal leave of absence of up to thirty days by the Town Manager. Leaves of absence longer than thirty days require the approval of the Board of Selectmen. In no case shall a leave of absence be approved for the employee to look for or perform another job, or to start a business.

An employee on an approved leave of absence shall have earned benefits protected and frozen, but during the leave of absence shall not have further accrual of sick time, vacation time or personal time.

 In conjunction with State Family Medical Leave requirements, whenever an employee is absent from work for a consecutive period of thirty (30) calendar days or more, whether with pay or not, the next performance review and pay adjustment date shall be adjusted equal to the term of absence.

The employee must request the leave in writing, stating the purpose of the leave, the location where she/he can be contacted, and the length of the leave. Failure of an employee to return to work at the expiration of the leave or to use the leave for purposes not approved for will require a notice and hearing to consider this a voluntary resignation by the employee.



When a person is physically disabled from injury or illness,