Middletown Human Resources Guidelines
Contact: Lynne S. Dible
Deputy Finance Director/Human Resource Manager
350 East Main Roard
Middletown, Rhode Island 02842
E-Mail: ldible@middletownri.com
Phone: (401) 846-5781
Fax: (401) 845-0412

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Employment Information

Employment in the Town of Middletown is governed by rules and conditions outlined in the Town Charter and Code, and provided by the Town Council, Town Administrator, School Committee, Library Board of Trustees, and various collective bargaining agreements. For requirements for any Town position, please refer to the Human Resource Manager. For School positions, please refer to School Administration.

Related Information: Town Charter Article IX. Personnel.

Sec. 901. Personnel board - Established; number, qualifications and appointment of members.

There shall be a personnel board consisting of three members who shall be appointed by the town council for terms of three years (except that the initial appointments under this Charter shall provide that one member serve for a one-year term and another member for a two-year term). No member shall hold or be a candidate for any other public office or position and shall not be or have been for at least two years prior to his appointment, a member of any national, state or local committee of a political party, or an officer in any partisan political club or organization. They shall be qualified electors of the town.

Sec. 902. Same - Compensation of members.

Compensation, if any, of members of the personnel board shall be determined by the town council.

Sec. 903. Same - Powers and duties enumerated.

It shall be the duty of the personnel board:

(a) To formulate, maintain, and recommend to the town council for adoption or modification:

(1) A position classification plan for all town employees, excepting those noted hereinafter. Such plan shall define generally the duties, responsibilities and types of work involved for each class of position; the skills and knowledge necessary for each position, and the minimum qualifications necessary to qualify for appointment to each position; and the positions or classes of positions to which competitive or qualifying examinations shall apply;

(2) A plan embodying appropriate recommended pay scales for all town employees in the classification plan. Such pay plan shall state a recommended salary or wage for each position established by the classification plan, and define the method for granting step advancements in pay in those instances where a minimum and maximum pay range is established for a position. The personnel board shall work closely with the town administrator in the adjustment of pay scales where such adjustments are required due to compensation changes the administrator plans to include in his budget, or are found necessary in connection with the recruitment of personnel or the negotiation of collective bargaining agreements;

(3) Personnel policies regarding vacation, sick leave, overtime pay and the discipline of classified employees.

(b) Upon the adoption of the position classification plan, to assign to the appropriate position classification all persons employed by the town, subject to such plan.

(c) To authorize the Town Administrator or his/her designee to formulate and administer such

tests, and assemble such other forms of evidence as may be required, to determine the qualifications and eligibility of candidates for positions in the classified service.

(d) To certify to the appointing authority that persons who are candidates or applicants for positions in the classified service, possess the qualifications required by the classification plan. Such certification lists shall show the names of the three persons standing highest thereon who are available for appointment or promotion, if there be as many as three such names thereon, or all the names on the list if there are less than three. The appointing authority shall appoint one of the persons so certified to the position in accordance with the provisions of the personnel rules. Except in the case of employees of the school department, who shall be appointed by the school committee, the head of the office, department or agency in which a vacancy exists shall make a recommendation to the appointing authority, who shall be the town administrator.

(e) To examine all payrolls at least twice a year covering classified employees, for the purpose of determining that all persons to whom payments are to be made are properly employed and have been approved and certified to the appointing officers by the personnel board as to eligibility. (Amended, November 5, 2002.)

Sec. 904. Positions excepted from classified service.

There shall be excepted from classified service of the town:

(a) All officials elected by the voters of the town, and all persons appointed to fill vacancies in such elective positions.

(b) Heads of departments, offices and agencies appointed by the town administrator.

(c) Employees of the school department for whom state certification is required.

(d) Persons engaged by contract to perform special services for the town where such contracts are certified by the personnel board to be for employment which should not be performed by persons in the classified service.

(e) Persons temporarily appointed or designated to make or conduct a special inquiry, investigation or examination, or to perform a special service where such appointment or designation is certified by the personnel board to be for employment which because of its expert nature or character could not or should not be performed by persons in the classified service.

(f) Such temporary seasonal workers paid on an hourly basis as the personnel board may determine.

(g) Persons who in times of public emergency may be appointed special employees.

(h) All members of boards, commissions, and committees.

Sec. 905. Temporary appointments when no list is available.

Whenever it is not possible to certify the required number of eligible persons for appointment to a vacancy in the classified service because no appropriate list exists, the appointing authority may nominate a person to the personnel board and, if such nominee is found by the personnel board to have had experience and education which appear to qualify him for the position and meets such other requirements as are established by the personnel rules, he may be temporarily appointed to fill such vacancy.

Sec. 906. Probationary period.

All original appointments to and promotional appointments within the classified service shall be for a probationary period of one year, during which time the appointing committee may report to the personnel board periodically concerning the work of the employee. Any employee may be dismissed from an original appointment or demoted to previous rank by the appointing authority during the probationary period for reasons relating to the employee's qualifications or for the good of the service stated by the appointing authority in writing and filed with the personnel board. The employee shall have no appeal privileges. (Amended, November 5, 2002.)

Sec. 907. Permanent appointment.

All employees having been promoted or appointed in accordance with the above procedures and having satisfactorily served the probationary period will be considered permanent in their position until vacated by retirement, resignation, promotion or death, except as hereinafter provided. Nothing herein shall be construed as prohibiting the town administrator or school committee from terminating the employment of any employee when a decrease in the number of permanent employees is made necessary by the failure of the town council to make an adequate appropriation for the retention of all the permanent employees; provided, however, that in case it becomes necessary for that reason at any time to discharge one or more employees, the order of seniority in employment shall govern in the determination of the employees in the affected classification or classifications to be retained and those to be discharged; and provided further, that if any permanent employee so discharged is subsequently reemployed, he shall continue to be classified as a permanent employee. Previously discharged permanent employees shall be given preference by seniority when new hirings are made. (Amended, November 5, 2002.)

Sec. 908. Emergency appointments.

In case of emergency, an appointing authority may make an emergency appointment of any persons to any position without regard to provisions of this article to carry on work that must be continued in the public interest, but any such emergency appointment shall be reported immediately to the personnel board.

(Amended, November 5, 2002.)

Sec. 909. Services of other agencies authorized for certain purposes.

The personnel board, subject to the approval of the town council, may enter or authorize the appointing authority to enter into arrangements with any government agency, quasi-governmental agency or educational institution for determining qualifications of employees and applicants for employment in the classified service, and for aid in the preparation of the personnel regulations. (Amended, November 5, 2002.)

Sec. 910. Demotions and dismissals.

All classified employees shall be subject to suspension, demotion, removal from employment, and other appropriate disciplinary action by the appointing authority for misconduct, incapacity, neglect of duty, or insubordination or other such cause as the appointing authority may deem to justify the action for the good of the service and all such suspensions, demotions or removals or other disciplinary action. The disciplinary action may become effective immediately at the discretion of the appointing authority. (Amended, December 6, 1976; Amended, November 5, 2002.)

Sec. 911. Personnel review board.

There shall be a personnel review board consisting of three qualified electors of the town appointed by the town council to serve for three-year terms. There shall be no more than two board members belonging to the same political party. The jurisdiction of the board shall extend to all cases of appeals from dismissals, suspensions, demotions, or layoffs of employees of the town in the classified service, except those provided for otherwise in the Charter.

Any person, against whom any disciplinary action is taken by the appointing authority, may appeal in writing to the personnel review board within ten days of his receipt of written notification of said action. Unless said appeal has been withdrawn, the personnel review board, within ten days from the filing of said appeal, shall conduct a hearing, at which it shall give the appellant, the appointing authority, and the department head, board or other agency involved, an opportunity to be heard. After said hearing, which shall be public at the option of the appellant, the personnel review board may affirm, or if it finds disciplinary action to be arbitrary and capricious or based upon erroneous understanding of facts reverse or modify the disciplinary action taken, and the action of the personnel review board shall be final and binding. The review accorded herein shall he deemed to be alternative to that granted by general and special state laws to certain classes of town employees. Upon reinstatement for any reason, the employee shall be paid in full for the wages lost during the period of said disciplinary action against him less all interim earning or amounts reasonably earned by the employee, including but not limited to wages and wage substitutes (such as workers compensation or unemployment compensation). At any hearing it shall be right of the appellant to be represented by counsel. (Amended, December 6, 1976; Amended, November 5, 2002.)

Sec. 912. Retirement of town employees.

The town council may provide a system of retirement allowance, including disability retirements, to augment federal social security or other pension plan payments, if any, for the town's regular, full-time, paid employees, whether in the classified service or not, and for the contribution by said employees and the town to a fund from which such allowance shall be paid. The town may enter into a contract with any insurance company authorized to do business in this state for the purpose of insuring the whole or any part of its retirement plan. (Amended, November 5, 2002.)

Sec. 913. Right to organize; strikes.

The right of municipal employees to associate together and to join any lawful organization of their own choosing for the purpose of collective bargaining to the fullest extent authorized and required by the General Laws of Rhode Island is recognized by this Charter and shall not be denied by ordinance and resolutions passed in pursuance thereof. The town council and school committee are empowered to recognize such organizations, negotiate with them, and sign written agreements either directly or through the town administrator or superintendent of schools, as the case may be; provided, that no right whatsoever of employees to strike against the government of the town is herein implied or sanctioned. (Amended, November 5, 2002.)

Sec. 914. Political activity.

No employee of the Town of Middletown shall engage in any inappropriate political activity or hold any elective office in the Town of Middletown provided, however, that this section shall not prevent any town employee from becoming a candidate for any elective office or hold the office of school committee person.

"Inappropriate political activity," for the purpose of this section, is defined as the use of a town employee=s position, or authority, powers or influence to promote or advance the election of any candidate for elective office. >Inappropriate political activity= includes the following conduct during the employee=s working hours and while the employee is on town property: directly or indirectly asking for votes or other political support; making available political petitions, candidacy papers, or other documents for signature; distributing or making available political leaflets or other campaign literature; wearing campaign buttons, flags, or other emblems associated with a political party or candidate; displaying posters, banners, signs or other political promotions on the employee=s desk or at the employee=s work place where they can be seen by others; displaying political signs other than bumper stickers on their cars while parked on town property; and other similar conduct.

Any person who violates this Section shall be subject to the disciplinary proceedings outlined in Section 910.

(Amended, December 6, 1976; Amended, November 5, 2002.)