Www.germantownny.org



DEFINITION OF A TOWNSection 2 of the Town Law defines a town as a:"Municipal Corporation comprising the inhabitants within its boundaries, and formed for the purpose of exercising such powers and discharging such duties of local government and administration of public affairs as have been, or, may be conferred or imposed upon it by law."THE TOWN BOARDIn the early days of this nation, many of the colonies established a form of government intimately conducted and controlled by the town residents of the towns. All important decisions as to the government, taxes and other matters were actually decided at a meeting of the town residents of the town, where at which meeting a vote would be taken. to determine the proposal at issue. In sSome states still follow this procedure. is still followed.In New York State, our towns have been organized with an elective legislative body, to wit: the town board. In tThis legislative body has is placed the responsibility for making almost allthe present day decisions. Only in special instances is a vote of the inhabitants of the town required.The town board, as the executive body of the town, acts as a unit and must function as a body (Town Law, §§60;63). An individual board member may not unilaterally act on behalf of the town board. Thus, each town board member has no more or no less authority than any other board member. Therefore, no board member can legally act independently of the others or outside of the board. This means that no single member of the town board can act for or commit the board as a body to any particular program or policy.The town board may, by resolution, delegate to the supervisor the power and duties of administration and supervision of town or special improvement district functions to be performed on behalf of the town board (Town Law, §29(16)). This pe purpose of this provision is tohelps allow the town to function between town board meetings. GERMANTOWN TOWN BOARD MEMBERSTown SupervisorRoy D. BrownJoel CraigDeputy Town SupervisorAustin SullivanDonald WestmoreCouncilwomanJoan M. SnyderAndrea FoleyCouncilwomanMichael MortensonCouncilmanJoel CraigMatthew PhelanCouncilmanDonald WestmoreDEFINITION OF A GERMANTOWN TOWN EMPLOYEEA person elected or appointed to a paid position for the Town of Germantown and paid with town money.1. During closed hours the heat thermostat in all Town buildings, shall be reduced to save energy, depending on conditions 50-60 degrees.2. All Employees Using Time Clocks: Be advised that you should never punch another employee's time card in or out, without department head approval. Additionally you may not punch in any sooner than seven (7) minutes before you start work and you may not punch out any more than seven (7) minutes after your job ends without department head approval. Department Heads have the option of recording their employees “work times” on Bi-weekly worksheets or requiring their employees to use the time clock.3. Coffee and Soft Drinks: The Town Board will provide coffee and soft drinks to highway employees, other full-time employees, volunteers working in the Town Hall, and to everyone at Town Board meetings, payment to come from town funds.4. If any town employee has a complaint or a question, they should follow procedure and discuss it with their immediate manager/superintendent/supervisor first. and iIf there is a need to carry it further, the Town Supervisor should be contacted.5. In accordance with our investment policy, the chief fiscal officer is hereby authorized to invest all town funds, depending on cash flow needs at The Bank of Greene County, Germantown Branch. Invested funds shall be fully secured by insurance of the F.D.I.C. Deposits in excess of the Federal Deposit Insurance Company (F.D.I.C.) coverage will be secured by collateral deposited in a third party bank. The Town Board authorizes the Town Supervisor/Fiscal Officer to enter into a written custodial agreement with the third party bank which provides, among other things, that any rights of the custodial bank with respect to the collateral are subordinate to the town's interests and that a town officer's written consent is required for the release and substitution of pledged obligations.6. Any town department planning to purchase, within the limits of their budget, an item exceeding the sum of $500.00 must first obtain written approval from the Town Board. Additionally, the Town's Central Purchasing Procurement Policy and the State's Bidding Laws must be complied with. Exception: Highway superintendent may purchase gas/fuel, salt and ice sand without complying to the written approval section of this policy.7. Financial Integrity and Accountability Policy. The Town of Germantown will continue to maintain our present acceptable system of internal accounting and administrative controls in accordance with the Financial Management Guide from the Office of State Comptroller.The Town Supervisor, as Chief Fiscal Officer will meet annually with the Town Board for an evaluation of our system of internal accounting and administrative control. 8. Purchasing Policy: Objectives: A. To promote sound purchasing practices B. To bring economics and efficiencies to our purchasing practices C. To save tax dollars.The accuracy of extensions on invoices will always be checked and so initialed. Periodically at a Town Board Meeting, some bills will be selected at random and a double check of the accuracy of the extensions will take place at that time. Two people will sign all invoices when practical. If the need arises, we will establish a list of acceptable and non acceptable vendors. Our purchasing system will use the State and County Bids whenever practical and our vouchers will so note the bid numbers for clarification purposes. If we need to draw our own bid specifications, we will not use vendor assistance. All bid specification packages will be reviewed by the town attorney and we will actively solicit companies to bid.9. Central Purchasing-Accounting Policy: Designed for all town departments or any official who is authorized to purchase for the Town of Germantown. Purchasing: A. The Town Supervisor's Staff will maintain a listing of accountable vendors and their catalogs, who sell quality products at competitive prices. B. Anyone who wants to purchase anything for the town (exceptions: an item that is needed immediately or an item already bided) must review these central purchasing catalogs to evaluate the item for the best price and quality assurance, from the list of vendors on file.C. Permission to purchase from a company, other than the one elected by the central purchasing unit, must be obtained from The Town Supervisor. Procurement Policies and Procedures To meet the requirements of General Municipal Law Section 104-b Purpose Goods and services which are not required by law to be procured pursuant to competitive bidding will be procured in a manner so as to assure the prudent and economical use of public monies, in the best interest of the taxpayers, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud and corruption. To further these objectives, the Germantown Town Board is adopting internal policies and procedures governing all procurements of goods and services which are not required to be made pursuant to the competitive bidding requirements of General Municipal Law, Section 103 or of any general, special or local law. Procedures for Determining Whether Procurements are Subject to Bidding The procedures for determining whether a procurement of goods and services is subject to competitive bidding and documenting the basis for any determination that competitive bidding is not required by law as follows:Procedure: In determining the necessity for competitive bidding, the aggregate cost of an item or commodity estimated to be purchased in a fiscal year will be considered and the competitive bidding thresholds under General Municipal Law Section 103 of $10,000 for purchase contracts and $20,000 for contracts for public work will be followed. Although we are not obligated by law to submit our insurance coverage and other professional services to competitive bidding, we will obtain the best coverage and services for the lowest costs by soliciting competitive quotes or RFP's for our desired services. Documentation: Department head's Purchase Control System Form, telephone logs and memoranda, written proposals, written summary of the facts, copies of contracts, state and county bids, verbal quotes, email and documented notes. Statutory Exceptions From These Policies and Procedures Except for procurements made pursuant to General Municipal Law, Section 103(3) (through county contracts) or Section 104 (through state contract), State Finance Law, Section 175-b (from agencies for the blind or severely handicapped), Correction Law, Section 186 (articles manufactured in correctional institutions), or the items expected herein (see below), alternative proposals or quotations for goods and services shall be secured by use of written requests for proposals, written quotations, verbal quotations or any other method of procurement which furthers the purposes of General Municipal Law, Section 104-b.Methods of Competition to Be Used for Non-Bid ProcurementsThe methods of procurement to be used are as follows:Solicitation of Competition/Requests for Price Quotations Informal quotations, except for small amounts, will be obtained on all materials, supplies or services which are not purchased through state or county contract, formal bid, Industries for the Blind or Industries for Correctional Institutions. Quotations will be in writing and kept on file by the department head. Identifying The Method of Competition to Be Used for Non-Bid Procurements PURCHASE CONTRACTS VERBAL WRITTEN RFP BELOW $10,000.00 QUOTES QUOTES WRITTEN/VERBAL 0 3 3+ 3 3+ Under $100 x $100-$500 x $501-$1000 x $1001-$5000 x $5001-$9999 x CONTRACTS FOR PUBLIC WORK BELOW $20,000.00 Under $1000 x $1001-$5000 x $5001-$10,000 x $10,001-$19,999 x Insurance, Professional Services, True Leases x Awards to Other Than Lower Responsible Dollar Offerer Whenever any contract is awarded to other than the lowest responsible bidderdollar offerer, the reasons such an award furthers the purpose of General Municipal Law, Section 104-b as set forth herein above shall be documented as follows: Documentation: Past history of: late deliveries, inferior quality, inferior workmanship, non compliance with local, state, federal laws, non compliance with labor and safety codes, an outstanding obligation to the town.Items Excepted From Policies and Procedures By Board The board sets forth the following circumstances when, or types of procurements for which, in the sole discretion of the Town Board, the solicitation of alternative proposals or quotations will not be in the best interest of the Town of Germantown:a) emergencies where time is a crucial factor. b) procurements for which there is no possibility of competition (sole source items).c) procurements of professional services which because of the confidential nature of the services, do not lend themselves to procurement through solicitation. d) very small procurements for which solicitations of competition would not be cost effective. For example, purchase contracts below X dollars and contracts for public work below Y dollars. Input from Officers Comments concerning the policies and procedures will be solicited from officers of the political subdivision or district therein involved in the procurement process prior to the enactment of the policies and procedures, and will be solicited from time to time hereafter. Annual Review The Town Board will annually review these policies and procedures. The Town Supervisor shall be responsible for conducting an annual review of the procurement policy and for an evaluation of the internal control structure established to ensure compliance with the procurement policy. Unintentional Failure to ComplyThe unintentional failure to fully comply with the provisions of this Great Municipal Law, Section 104-b shall not be grounds to void action taken or give rise to a cause of action against the Town of Germantown or any officer or employee thereof. Purchase Control System Form Each department head is responsible for ordering from his/her department and it is recommended that they comply with policy #9 of this manual, General Section.Accounting:A. All vendors must send all invoices, vouchers, credit memos, letters, etc. to: Town of Germantown 50 Palatine Park Road Germantown, NY 12526B. The Town Supervisor's staff will be responsible to see that a date is placed on the business papers received and that it is concluded appropriately.C. The Town Supervisor is obligated to notify the Town Board, at the next scheduled meeting, of any violations of this central purchasing-accounting plan. Any town employee, elected official or appointee to any committee or commission for the town may purchase through this central purchasing unit providing all taxes are paid and all laws are complied with by the official.10. Employee Evaluation Policy:Written employee evaluations will be performed on each employee once each year by the appropriate supervisor responsible for the employee. The present evaluation form attached will be used. All evaluations must be completed by December 31 of said year.11. Assessing Department: Objective: To determine a fair market value of the property to be assessed. Considerations We Use: A. Selling PriceB. Comparisons of other similar homes/property C. Location D. Common sense; a fair appraisal of the transaction E. Equalization rate as a guideF. Discussions are held with landowner upon their request. 12. FIXED ASSETS: A. Town Supervisor is our Property Control Officer B. Acquiring New Fixed Assets Our Property Control Officer will determine from invoices, donations, etc., facts on newly acquired fixed assets and record the necessary information on our "Property Acquisition" form and then these assets will be recorded in the Town's Official Fixed Assets Inventory System.C. Deleting Old Fixed Assets (scrapped/junked, traded-in, stolen, sold)Any department head/custodian over a fixed asset who wants to delete said fixed asset from the Town's Official Fixed Assets Inventory System due to anticipated scrapping/junking, trading-in, sale or actual theft must first complete a Property Disposition Sheet and submit it to the Town Board for approval. If approved by the Town Board and so recorded in the minutes, the Property Control Officer will delete said asset from the Town's Official Fixed Assets Inventory System according to Town Board Policy. The Town Board declares a $250.00 minimum value for the Fixed Asset List required by the Department of Audit and Control.13. Pursuant to Germantown Ordinance #3, the Board sets a maximum towing charge of $60.00, and a maximum outside storage rate of $10.00 per day.14. Underground Tanks The Highway Superintendent and Town Supervisor, will be responsible for compliance with all New York State Conservation Laws pertaining to underground fuel tanks on all town property.15. Hiring and Management Policy for Part-time WorkersHighway Department: Highway Supt. makes the decision and manages the part-time highway workers.Other Town Departments: Department Head and Town Board makes the decision and the Department Head manages the part-time worker. Job applications are available for everyone interested. Other sources: Word of mouth, referred leads, prisoners, court-appointed laborers, Federal "Older-Worker Program". LifeguardsInterviewed by the Town Supervisor and the Waterfront Director.All qualifications and training certificates are verified and approved by the Health Department. All weekly refresher training is done by the Waterfront Director following State Health Department guidelines. The Waterfront Director and Chief Lifeguard manage the lifeguards. Additionally, the Park Commission members may act as observers throughout the summer.Job applications are available for everyone interested. Other sources: Our main source of recruits is our own "Learn to Swim Program". Most of our guards have completed all swimming courses here in Germantown. We encourage the strong swimmers to continue into Basic Rescue and Water Safety and eventually into Lifesaving. During the instruction in these two classes, we require the students to donate time up in the lifeguard chair working with and listening to experienced guards. If the students think they might like to become lifeguards, we enthusiastically encourage them to continue with us and their training. Bookkeepers/Accountants and Secretarial Staff for the Town SupervisorTown Board establishes the positions, budgets the money, and the Town Supervisor sets the hourly salary for each employee, hires and manages these workers.Job applications are available for everyone interested. Other sources: Word of mouth, referred leads, newspaper, postings, local cable channel.16. If any town department needs the services of our town attorney contact our Town Supervisor and he may make the necessary arrangements.17. The following part-time and full-time civil service job titles, non-competitive class are recognized and accepted by the Town of Germantown: Town SupervisorSuperintendent of HighwaysDeputy Town SupervisorConfidential Administrative Assistant to the SupervisorTown Clerk Deputy Superintendent of HighwaysConstableSenior Motor Equipment OperatorPolice OfficerSenior Motor Equipment Operator I Councilpersons Senior Motor Equipment Operator II Confidential Secretary Foreman Youth Recreation Director Swimming Area Director Chief Lifeguard Lifeguard Assistant to Lifeguard Zoning Officer/Building Inspector Deputy Building Inspector Bookkeeper Historian Typist Police Chief Town Justice Computer Secretary Administrative Secretary Police Sergeant Tax Collector Dog Control Officers Laborer Skilled Laborer Motor Equipment Operator Assessor Maintenance Worker Deputy Town Supervisor Street Maintenance Foreman Deputy Clerk Buildings/Grounds Maintenance SupervisorWaste Water Treatment Dept. Operator 18. Part Time Deputy Clerks: Town Board establishes the positions, sets their budget and the Town Clerk makes the appointment and sets the salary within the budget.19. Building and Zoning DepartmentDefinitions and job descriptions are described in resolution #13 of 1997 which supercedes resolution #47 of 1989. Please see for further details.20. Advanced Payment of Credit Card Charges and UtilitiesThe Town Board authorizes the Town Supervisor to pay our credit card charges and utility expenses prior to the town board audit in order to avoid late fees. Said bills will be audited at the next following town board meeting.21. Annual Reviews 1. Senior Citizen Exemption Limits2. Ordinance # 3 3. List of Service Contracts 4. Fixed Assets 5. Highway Inventory 6. Justice Court Dockets 7. Tax Collector's Accounting Records 8. Town Clerk's Accounting Records 9. Special Conditions - ZBA and Planning - TMB 10. Employee Driver's License – records of convictions 11. Emergency Preparedness Plan 12. Park Commission Annual Accounting 13. Purchasing and Procurement - PM - #8 & 9 14. Supervisor's Internal Accounting - PM - #7 15. Hazardous Communication policies - PM - #4716.Sample Testing - Retirement Hours Worked17.Capital Reserve Accounts18.Road Inspection Sheets19.Petroleum Accounting Slips20.Employee Health Insurance21.The People's Book22.Terms Of Office22.Smoking Policy For The Town Of Germantown See Also #24 Drug-Free WorkplaceWHEREAS, the Town of Germantown is desirous of providing a safe and healthy place of employment for its employees, and WHEREAS, the Public Health Law Section 1399-0 requires the adoption of a written smoking policy for its place of employment of town employees, andWHEREAS, such policy must be adopted by April 1st 1990, andNOW, THEREFORE, BE IT RESOLVED, that the following smoking policy is adopted for places of employment for the employees of the Town of Germantown to be effective on April 1, 1990.Smoking Policy Of The Town Of GermantownSmoking and spitting of tobacco products is prohibited in all indoor places of employment of town employees and including town vehicles under the jurisdiction and control of the Town of Germantown. Employees are encouraged to present any concerns to their supervisor and may register a complaint with the Germantown Town Board or the County Enforcement Officer.The copy of this policy shall be posted upon the town bulletin board and in each separate building in which town employees work.Employees found in violation of this policy may be subject to the penalty prescribed by the State Commissioner of Health and the Town of Germantown.THIS SMOKING POLICY ADOPTED MARCH 12, 1990, RESOLUTION #38.23. LOCAL LAW NO. 1 OF THE YEAR 1992 ENACTING A CODE OF ETHICS AND ESTABLISHING A BOARD OF ETHICS FOR THE TOWN OF GERMANTOWNBE IT ENACTED BY THE Town Board of the Town of Germantown as follows:SECTION 1: Statement of Legislative Intent The Town Board of the Town of Germantown recognizes that there are state statutory provisions mandateing towns to establish rules and standards of ethical conduct for public officers and employees which, if observed, can enhance public confidence in local government. It is vitally important to the functioning of our free institutions and the effectiveness of our public servants In the light of a tendency today on the part of some people to downgrade our local governments and to discredit our public servants and our free institutions generally, it appears necessary that every effort be made to assure the highest caliber of public administration of this our town.town as part of our state's important system of local government. Pursuent to this objective, It is the purpose of tthis local law to implement this objective through the establishment of standards of conduct, to provides for punishment of violation of such standards and to creates a board of ethics to render advisory opinions to the town's officers and employees as provided for herein.SECTION 2: Nature of Law The standards, prohibited acts and procedures established herein are in addition to any prohibited acts, conflicts of interest provisions or procedures prescribed by statutes of the State of New York and also in addition to common law rules and judicial decisions relating to the conduct of town officers to the extent that the same are more severe in their application than this local law.SECTION 3: DefinitionsAs used in this local law, the term "Town" shall mean any board, commission, district, council or other agency, department or unit of government of the Town of Germantown. The term "town employee" shall mean any officer of employee of the Town of Germantown whether paid or unpaid, including members of any administrative board, commission or other agency thereof, whether serving in a full-time, part-time or advisory capacity. No person shall be deemed to be a town officer or employee solely by reason of being a volunteer fireman or civil defense volunteer, except a Fire Chief or Assistant Fire Chief.SECTION 4: Rules With Respect To Conflicts Of Interest(a) No town officer or employee shall have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity or incur any obligation of any nature, which is in substantial conflict with the proper discharge of his duties in the public interest. (b) No town officer or employee shall have an interest in any contract with the municipality of which he is an officer or employee, whether individually or as a member of a board, nor shall any such town officer or employee have the power to negotiate, prepare, authorize or approve such contract or appoint an officer or employee who has any of the powers or duties set forth herein.(c) No chief fiscal officer, treasurer or deputy or employee of the Town shall have an interest in a bank or trust company designated as a depository of funds of the municipality. (d) No town officer or employee shall accept other employment which will impair his independence of judgment in the exercise of his official duties. (e) No town officer or employee shall accept employment or engage in any business or professional activity which will require him to disclose confidential information which he has gained by reason of his official position or authority. No town officer or employee shall disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interests. (f) No town officer or employee shall use or attempt to use his official position to secure unwarranted privileges or exemptions for himself or others. (g) No town officer or employee shall engage in any transaction as representative or agent of the town with any business entity in which he has a direct or indirect financial interest that might reasonably tend to conflict with the proper discharge of his official duties. (h) No town officer or employee shall conduct himself in a manner which represents a reasonable basis for the impression that another party can improperly influence him or unduly enjoy his favor in the performance of his official duties. (i) Each town officer or employee shall abstain from making personal investments in enterprises which he has reason to believe may be directly involved in decisions to be made by him or which will otherwise create substantial conflict between his duty in the public interest and his private interest. (j) Each town officer of employee shall endeavor to pursue a course of conduct which will not raise suspicion among the public that he is likely to be engaging in acts that are in violation of his trust.(k) No town officer or employee employed on a full-time basis nor any firm or association of which such employee is a member nor corporation a substantial portion of the stock of which is owned or controlled directly or indirectly by such employee, shall sell goods or services to any person, firm, corporation or association which is licensed or whose rates are fixed by the town in which such employee serves or is employed. (l) Each town officer or employee shall, to the extent that he is cognizant thereof, disclose any interest he may have in any matters pending before the Town or any agency or board thereof. (m) No town officer or employee shall be involved in any contractual matter affecting the town involving a person who has been a town officer or employee within the preceding (2) years or with any entity in which such former town officer or employee is associated. If any contract is made under such circumstances, the Town shall have the right to declare such contract to be null and void upon the discovery of such circumstances. (n) No town officer or employee shall directly or indirectly solicit any gift or accept or receive any gift having a value of Seventy Five Dollars ($75.00) or more whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise or in any other form under such circumstances in which it could reasonably be inferred that the gift was intended to influence him in the performance of his official duties or was intended as a reward for any official action on his part.SECTION 5: Disclosure of InterestAny municipal officer or employee who has, will have, or later acquires an interest in any actual or proposed contract with the municipality or other such matter pending before any board or agency thereof, shall publicly disclose the nature and extent of such interest in writing to the governing body thereof as soon as he has knowledge of such actual or prospective interest.SECTION 6: Violations In addition to any penalty contained in any other provision of law, any such town officer or employee who shall knowingly and intentionally violate any of the provisions of this local may be fined, suspended or removed from office or employment in the manner provided by law.SECTION 7: Board of Ethics(a) There is hereby established a Board of Ethics consisting of at least three (3)members to be appointed by the Town Board, all of whom reside in the Town of Germantown and who shall serve without compensation at the pleasure of the Town Board of the Town of Germantown. A majority of such members shall be persons other than town officers or employees but shall include at least one member who is an elected or appointed town officer or employee of the Town of Germantown. (b) The Board of Ethics established hereunder shall render advisory opinions to town officers or employees on written request and upon the request of the Town Board make recommendations to such Town Board as to any amendments of this local law. The opinions of the Board of Ethics shall be advisory and confidential and in no event shall the identity of the town officer or employee be disclosed except to authorized persons and agencies. Such opinions shall be on the advice of council employed by the Board of Ethics, or if none, of the Town Attorney. (c) Such Board of Ethics upon its formation shall promulgate its own rules and regulations as to its form and procedures and shall maintain appropriate records of its opinions and proceedings.SECTION 8: Administration(a) Upon the adoption of this local law, the Town Supervisor shall cause a copy thereofto be distributed to every officer or employee of this town. Failure to distribute any such copy or failure of any town officer or employee to receive such copy shall have no effect in the duty of compliance with this code, nor the enforcement of provisions hereof. The Town Supervisor shall further cause a copy of this local law to be kept posted conspicuously in each public building under the jurisdiction of the town. Failure to so post this local law shall have no effect on the duty of compliance herewith, nor the enforcement provisions hereof. (b) As soon as is practicable after the adoption of this local law, the Town Clerk shall file a copy thereof in the office of the State Comptroller and an additional copy with the Temporary State Commission on Local Government Ethics. (c) The Town Board may appropriate monies from the general town funds for the maintenance of and for personal services to the Board of Ethics established hereunder, but such Board of Ethics may not commit the expenditure of town monies except within the appropriations provided herein.SECTION 9: Severability Clause If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the reminder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.SECTION 10: Effective Date This local law shall take effect immediately. Filed with NYS 4/15/92 MEMBERS OF BOARD OF ETHICS: Thomas Colwell, Chairman Faith Smith Roger Proper24. Town of Germantown Drug-Free Workplace Effective March 1988, the Drug-Free Workplace Act of 1988 became applicable torecipients of federal grants. In order to receive federal grants, the Town must certify to the granting federal agency that it will provide a drug-free workplace in accord to the legislation. As a recipient of federal grants, the Town of Germantown hereby complies with the requirements of the Drug-Free Workplace Act by adopting the following policy and drug-free awareness program: POLICYIt is the policy of the Town of Germantown that:The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance isprohibited on the job or at the workplace.Employees may be subject to civil, criminal and disciplinary penalties, including dismissal from employment, for failure to observe this policy. (All terms in this policy shall have the meaning and definition as set forth in the Drug-Free Workplace Act).DRUG-FREE AWARENESS PROGRAM1)Dangers of drug abuse in workplace - Employees with chemical dependence problemshave a major impact on productivity, staff morale and labor/management relations.Their hidden illness is responsible for: A) Declining PerformanceInformation obtained from New York State Division of Alcoholism and Alcohol Abuse pamphlet titled Alcohol and Drugs on the Job. 1. Poor concentration 2. Confusion in following directions 3. Noticeable change in the quality of work 4. Inability to meet deadlines 5. Errors in judgment affecting the health and safety of others B) Increased Costs 1. Five times the average sick and accident benefits. 2. Higher job turnover, replacement and training costs 3. Greater workers' compensation and health insurance payments 4. Three to five times more on-the-job accidents 5. Unemployment claims C) Absenteeism and Tardiness 1. Double the normal rate 2. Repeatedly being late for work and often leaving early 3. Extended lunch hours 4. Frequent illness and accidents both on and off the job D) Damaged Relationships1. emotional outbursts, overreaction to criticism, mood swings, complaints from co-workers, associates and the public often leading to damaged relations2) Town's policy of maintaining a Drug-Free Workplace - It is stated policy of the Town of Germantown to maintain a drug-free workplace as required by the Drug-Free Workplace Act by prohibiting the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the workplace of the Town of Germantown.3) Availability of Drug Counseling and Rehabilitation - Attached hereto is a list of available drug counseling and rehabilitation programs located within the County of Columbia.4) Sanctions - Employees who violate the Town's policy of maintaining a drug-free workplace will be subject to criminal, civil and disciplinary penalties, including dismissal from employment.SCOPE OF POLICYAll employees of the Town of Germantown, including those engaged in the performance of federal grants, shall be given a copy of the Town's policy.EMPLOYEE RESPONSIBILITYAll employees are hereby notified that as a condition of employment, employee's are required to: 1. Abide by the terms of this new policy 2. Notify the Attorney for the Town of Germantown of any criminal drug statute convictions for a violation occurring in the workplace no later than five (5) days after the employee's conviction.TOWN RESPONSIBILITYThe Town must notify the granting agency within ten days after receiving notice from an employee of such conviction or otherwise receiving actual notice of such conviction.Within 30 days after receiving notice of such employee's conviction, the Town shall either: 1. Take appropriate personnel action against such employee up to and including termination from employment, or; 2. Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency. CONTINUING RESPONSIBILITIESThe Town shall make a good faith effort to continue to maintain a drug-free workplace through the implementation of the requirements contained in the Drug-Free Workplace Act.If there are any questions regarding this policy, please contact the Town Supervisor's ANIZATIONS THAT CAN PROVIDE HELP/REFERRAL IN COLUMBIA COUNTYCatholic Family and Community ServicesWithin Reach Drug Program431 East Allen StreetHudson, NY 12534 828-8600 Director: Agnes DonlonTwin County Alcohol & Substance Abuse Services315 Warren StreetHudson, NY 12534 828-9300 Director: Don Spitz25. Emergency Preparedness Plan Reviewed, Adopted and Copy Attached. 26. Germantown Building/Zoning Department PolicyAll complaints alleged by one person against another must be in writing to the Building Department and signed by the complainant. a) A copy may be shown/given to the parties involved by the Building Department. b) A simple valid question or inquiry is exempt from this policy.The Building Department personnel will respond to each item in the complaint letter and so note his/her findings. All materials will be kept on file and attached to his/her monthly report to the Town Board. a) The first obligation of the Building Department employee will be to check the law that may apply to the situation and make copies for all parties. b) If the Building Department Personnel attempts to make any suggestions to either party to resolve the conflict, the Building Department personnel must make it very clear that it is a suggestion only and not a section of law.27. The Town Owned Police Patrol Cars, Units 4C41 and 4C42, are to be used for police work in the Town of Germantown only, with the following exceptions:Police business within and outside Columbia County when approved by the CommissionerSpeed Limit Pursuit of a driver and vehicle who has broken the law, Commissioner notifiedDispatched Backup to other police agencies, Commissioner notified.27a.Pursuit of a Vehicle If another vehicle fails to stop for your red emergency lights obtain the plate number if possible, and follow within the speed limit pursuant to the authority in V&T Law Section 1104 and 1144 B.27b. Regular Patrol Shift A. Stop at the police office before and after each shift.B. All police officers will sign on duty and off duty in the police blotter. C. Check the communications basket for any messages. D. All complaints received, whether from a resident or a dispatcher will be logged separately in the police blotter, even if the complaint was turned over to another police agency. E. Keep up with your reading obligations in the police blotter, memos and informational bulletins. F. If you feel you would like another town police officer, call him and go together. G. If you feel you need the state police or sheriff's department, call for backup. Remember, backup means you backup and call yourself. Use backup. H. Any call that a town officer responds to that is serious in nature, contact and advise the Commissioner of Police when time permits. I. Any and all complaints received will be written up on an incident report and left in the police office at the end of each shift. J. Each town police officer will follow up on his/her complaint or make sure the complaint was turned over to the proper agency. The officer will keep the complainant informed as much as is practical. K. Check all town properties and parks while on duty and enforce park rules and regulations.L. The driver of 4C41 or 4C42 has authority over the dispatcher; if the driver wants to use a more precautionary code in responding to a scene he/she should do so. However, the driver must always comply to the New York State V&T Law Section 1104 & 1144 B.M. Town police officers shall not change, replace or work on the vehicles or equipment in or on the town police vehicles without the permission of the Commissioner. The Town Board shall have the final decision on all repairs to the patrol vehicle over $500.00.27c. Court Officer And Duties For Court Officer A. The Police Department will provide the Germantown Justice Court with Court Officer coverage while in session. B. Check with judges first, then answer complaints or a poll from 911. C. Check Docket for any complaints that need follow up. D. Assist the judges with whatever they might request. E. Read memos on bulletin board, desk, shelving, etc.27d."Off-Duty"-Germantown Police Officer A. No non-emergency type, complaint will be answered unless totally free to do so. Simply send a deputy sheriff or a state trooper. B. If it is a non-emergency ordinance call, it may wait for a scheduled town police patrol for court night. 27e. Night Hours - School Grounds A. If the individual is not violating a state or local law, obtain the I.D. of the individual on the ground in violation of school board policy and contact the school superintendent during school hours. B. If anyone feels an individual is trespassing on school grounds and wants to sign an information/complaint, direct them to the school superintendent. C. Town police officers will only take signed information/complaints for trespassing, from the school superintendent.27f. Chain Of Command A. Police Commissioner makes the decisions and manages the town police officers.B. All town police officers will report to the Police Commissioner and whom the Commissioner directs. C. Any town police officer with a suggestion or complaint, may fill out a "suggestion- complaint" form & forward it to the commissioner.27g. Caliber Of Hand Gun and Shotgun Ammunition To Be Used By Town Police While On Duty:A. The largest caliber ammunition that will be used by any Germantown Town Police while in their course of employment will be 40 Caliber or 9 M.M. B. All town police officers must register with the Police Commissioner the weapons they desire to carry/use on duty. Each police officer must additionally complete an annual range certification with those registered guns. C. All town police officers will use ammunition specified by the Commissioner in their handguns. Only slugs and OO buckshot ammunition are authorized to be carried in shotguns.27h.GERMANTOWN POLICE DEPARTMENT’S POLICY REGARDING USE OF FORCE USE OF FORCE Scrutiny by the Courts and the tremendous increase in law suits against police agencies have placed increased significance on police policy dealing with the use of force. These policies MUST be equal to or more stringent than the provisions found in Article 35 of the New York State Penal Law. This article of the manual will deal with all types of force and authorized weapons used by the Germantown Police Department. The terms “member” and “officer”, means sworn employees of the Germantown Police Department. BACKGROUNDPerhaps the gravest decision any Police Officer may face in his or her career is whether or not to use a firearm against another person. To a lessor degree, a member must always consider when force is legal and to what extent the use of force is applied. At times, that decision must be made in fractions of seconds, with little time for discussion, consideration or the election of alternatives. As a professional police officer, we must do our best to protect human life and avoid the use of force, especially the use of firearms, unless it is absolutely necessary. Nonetheless, the use of physical force and deadly physical force in making an arrest, terminating a crime or preventing an escape from custody may be justified under the Penal Law’s Defense of Justification. General Rules Concerning the Use of Force The following general rules apply to the use of force by members of the Germantown Police Department. Officers will use physical force only when the exercise of persuasion, advice, and warning is found to be of no avail to obtain public cooperation to an extent necessary to secure observance of law or to restore order, and to use only that force which is necessary to achieve a police objective. All members shall thoroughly study the provisions of Article 35 (Defense of Justification) of the New York State Penal Law. All OFFICERS will receive annual training on the use of force using a training outline approved by the Police Commissioner 2.When force is used, it will be consistent with New York State Law, the policies and procedures described in this manual, and in-service training. Whenever possible, the lowest level of force will be used to gain control and compliance (see figure 1).3.Only issued or approved equipment will be carried on duty when applying physical force, except in emergency situations when an officer must use any resources available to him or her.4.Use of restraining devices on all prisoners is mandatory, unless in the officer’s judgement, unusual circumstances exist which may make the use of restraining devices impossible or unnecessary (i.e., the prisoner is very elderly or unconscious). If physical force is used AND injury is claimed OR suspected, the member shall immediately evaluate the need for medical attention or treatment for the person upon whom physical force was used, and will arrange for treatment if the person is injured or complains of injury or discomfort. Persons who are obviously injured but who refuse treatment will be transported, by rescue squad if needed, to a medical facility where the refusal will be made a matter of record.5.If physical force is used AND injury is claimed OR suspected, the member shall immediately evaluate the need for medical attention or treatment for the person upon whom the physical force was used, and will arrange for treatment if the person is injured or complains of injury or discomfort. Persons who are obviously injured but who refuse treatment will be transported, by rescue squad if needed, to a medical facility where the refusal will be made a matter of record.6.If any type of physical force is used AND the use of force results in injury, the Commissioner will be immediately notified. 7.The member involved shall prepare and submit required reports.Definition of Deadly Physical ForceDeadly physical force as used in this manual is defined as that force which is readily capable to cause death or serious physical injury or which creates some specified degree of risk that a reasonable and prudent person would consider likely to cause death or serious physical injury. When discharging a bullet, firearms are considered a source of deadly physical force.USE OF FORCE MODEL The following use of force model is taken from the Federal Law Enforcement Training Center Use of Force Model. Assaultive (Serious Physical injury/Death) VDeadly Physical ForceAssaultive(Physical Injury)IVDefensive TacticsBaton OC SprayResistant(Active) IIIOC SprayCompliance TechniquesResistant (Passive) IIContact ControlsCompliant(Co-operative) ICommunicationsSkillsReasonable Officer’s PerceptionEnforcementElectivesReasonable Officer’s Response (FIGURE 1)The above Model describes the progression of and de-escalation of force based upon the demonstrated level of compliance or resistance from a subject. Ideally, each encounter flows in a logical sequence of cause and effect based upon a member’s reasonable perception of risk. A member has the option to escalate, de-escalate or maintain a level of appropriate force until complete control of the subject is gained.Enforcement ElectivesRefer to Figure 1, the Use of Force Model. The Enforcement Electives (center) column represents the potential levels of alertness or threat perception that can be present at any stage of an encounter. The following chart explains the five levels:Enforcement ElectiveLevelLevel of Action or AlertnessIThis is the lowest level of activity in the Model. This level of perception included day-to-day, non-threatening type of activities in policing. Most of these encounters involve verbal skills with compliant suspects.IIAt this level in the Model, there is usually additional subject behavior, which categorizes the person as a passive resistor who may require a slight increase in verbal or physical response by the member.IIIThis level signals a need for increased officer alertness due to a recognized threat of danger because of active subject resistance. A variety of compliance techniques may be used to handle these situations, including the use of OC Spray.IVThis level denotes an assessment of imminent physical injury to the member or others. The member may direct energy and tactics toward self defense or threat elimination.VThis is the highest level of threat, that is imminent serious physical injury or death to the officer or other persons. It also included those situations described in Penal Law Article 35 that apply to the termination of certain crimes. The member must maintain the highest level of risk assessment and be prepared to use survival skill.Reasonable Officer’s PerceptionRefer to the Use of Force Model, Figure 1. The following is an explanation of the terms used in the “Reasonable Officer’s Perception” (first) column of the pliant (Co-operative)Level IThe majority of police/citizen encounters involve cooperative compliance in response to lawful police requests or directions. The likelihood of a physical response is minimal.Resistant (Passive)Level IIDuring some encounters, a subject may display low levels of non-compliance. At this stage, the subject is generally not combative but requires some degree of physical contact by the officer in order to elicit compliance. For example, a subject verbally refuses to go with the officer following a lawful arrest. The subject offers no physical resistance other than to sit down and remain seated. This subject would be at the passive resistant level on the model because the subject is resisting, but using no force and/or energy to enhance the non-compliance.Resistant (Active)Level IIIAt this level, the scope and intensity of the subject’s resistance has increased. Indifference to control has changed and the subject has exhibited physical defiance. For example, during an arrest, the subject grabs onto the steering wheel of the car to prevent extraction from the vehicle. The subject would be classified at the active resistant level on the Model because the subject is using force and/or energy to maintain resistance.Assaultive (Physical Injury)Level IVThe officer is met with active, hostile resistance whereby an actual attack upon the officer or another person, whether in response to the officer’s attempt to gain lawful compliance from the subject or as an unprovoked attack, has occurred.Assaultive (Deadly Physical Force) Level VThis category represents the least encountered but most serious threat to officer safety. The officer’s objective and reasonable perception is that he, she or another person is subject to imminent death or serious physical injury as a result of the circumstances and/or nature of an attack. It also applies to those circumstances described in Penal Law Article 35 when deadly physical force may be used to terminate a crime or prevent an escape.Reasonable Officer’s ResponseRefer to the Use of Force Model, Figure 1. The following is an explanation of the terms used in the “Reasonable Officer’s Response” (third) column of the model and the officer-initiated control alternatives based upon the appropriate perception and selection of force directed at the level of action displayed by the munications SkillsLevel IThis level included fundamental verbal skills and strategies that are available to the officer. In addition, the physical presence of the uniformed officer can be included in this category.Contact ControlsLevel IIWhen confronted with a subject demonstrating passive resistant behavior, the officer uses low-level physical tactics to gain control and cooperation. These tactics can be psychologically manipulative as well as physical, and can include additional verbal persuasion skills, and escort positions. For example, if a person who is to be placed under arrest refuses to cooperate with the officer, but remains at the lowest level on the resistance scale and is passive in the refusal, the officer would most likely respond with contact controls. The officer could initiate controlled contact with the individual and direct pliance TechniquesLevel III When the subject becomes actively resistant, the officer uses physical control tactics of sufficient force to overcome the active resistance and remains vigilant for more aggressive behavior from the subject. Examples include come-along holds, pressure point applications, joint locks, relative positioning strategies, take downs and chemical agents (OC Spray).Defensive TacticsLevel IVAt this stage, the subject attempts to assault the officer or another person. The officer is justified in taking appropriate physical action to immediately stop the assaultive action and to gain and maintain control of the subject. Examples include blocking and striking maneuvers and impact weapon techniques. Naturally, chemical agents may also be considered as a viable option to counter the assaultive action.Deadly Physical ForceLevel VWhen an officer is confronted with an assault that reaches the ultimate degree of danger, immediate tactics must be used to stop the threat of death or serious physical injury in order to secure compliance and control. Examples include the lawful discharge of a firearm and other forms of deadly force. Under certain circumstances as described in the Penal Law Article 35, deadly physical force may be used to terminate certain serious crimes in progress and to prevent certain escapes. IT IS MANDATORY THAT EACH YEAR ALL OFFICERS RECEIVE TRAINING ON THE USE OF DEADLY PHYSICAL FORCE.APPROVED WEAPONS Only weapons authorized in the following section or as specifically authorized by the Commissioner may be carried on-duty by Police Officers. The term “hand gun” refers to any firearm described in Penal Law Section 265.00 paragraph 3.Firearms - All TypesThe following general rules apply to all handguns, rifles and shotguns.1.All officers when required to do so shall carry authorized firearms. No other firearm personally owned or other wise, may be carried while an officer is on duty.2.Officers carrying a firearm must be qualified with the specific type of firearm by a firearms instructor.3.The Commissioner may permit an officer to carry a personally owned firearm while on duty when:-They have been certified by a firearms instructor (C.C.S.O.) with the actual personally owned firearm.-The Commissioner approves the make, model, type and caliber. Cost of ammunition for training and on-duty use, must be born by the officer.4.All members authorized to carry a firearm on-duty MUST have successfully participated in a course of instruction regarding "Justification - Use of Force" (Article 35, New York State Penal Law, Instructed by C.C.S.O.). 5.The responsibility for ANY use of a firearm shall be borne by the officer who fires the weapon. In considering the use of firearms, understand that you alone are responsible for your acts, and that you may be required to justify your actions in court. You are never required to retreat in lieu of the justifiable use of deadly physical force. 6.The carrying of firearms is necessitated by the nature of the duties performed by the officer. 7.Whenever a member discharges a firearm on-duty (or off-duty acting in the official capacity as a police officer), he or she will immediately report the facts and circumstances to the Police Commissioner in writing on the Germantown Police Department Use of Firearm Report through the proper channels, (Police Consultant) except under circumstances such as target, competitive shooting or annual qualification. The officer at the officer’s earliest convenience will also complete an incident report. 8.No member of this Office will fire warning shots. However, when circumstances permit, a clear and concise warning MUST be given before a shot is fired at another person. “STOP - POLICE!” is a sample warning.9.No member of this Department will fire at, or from, a moving vehicle, except as the ultimate measure of self-defense or defense of another.10.Dry firing or racking the action is prohibited in or on any department premises or vehicle, except under the personal direction of a firearms instructor. Weapons will be cleared and loaded outside of any Germantown Town Building.11. Members of the Germantown Police Department shall draw their firearms while on duty in a manner consistent with their training, experience and the Policies and Procedures of this Department. It is not possible to itemize each circumstance under which a firearm might be drawn, but all members of the Germantown Police Department must be fully cognizant that any resultant use must be fully justified under Article 35. Unwarranted or unnecessary display of the firearm is expressly forbidden. In addition, members of the Germantown Police Department may draw their firearm for official inspections, cleaning, and training functions.12.Firearms being carried while on-duty will not be removed from one’s person unless it is secured in a closet, cabinet, desk, locker, etc. No firearm, ammunition, OC spray, knife or other weapon will be taken into the Corrections Section of the Columbia County Public Safety Facility. The in-take garage of the Corrections Section is equipped with lockers for weapons storage by any armed individual who must enter the Corrections Section.13.Except when training, a Use of Firearms Report MUST be submitted whenever a firearm (on duty or off-duty in the capacity of a Police Officer off-duty) is discharged. Members may discharge their firearms in an emergency situation as a distress signal when in need of assistance.14.The shooting of an animal is permitted:-For self-defense-To prevent substantial harm to the officer or another.-When the animal is so badly injured that humanity requires that it be destroyed to prevent further suffering.For domestic animals, every effort must be made to locate and identify the owner. If the owner is unknown or can not be located, then a Veterinary Physician should be contacted. Whenever possible, request assistance from agencies responsible for destroying animals, such as the Humane Society, EnCon Police, Animal Control Officers, etc. If possible, obtain written consent from the owner or a statement from two witnesses before destroying a domestic animal. 15.Firearms will be cleaned periodically and lightly oiled as described during in-service firearms training. CARE MUST BE TAKEN NOT TO OIL FIREARMS WITH PENETRATING OIL. Penetrating oil will invade the ammunition primers and can cause a round not to discharge when needed.16.Before loading a firearm, check the barrel for any obstruction.HandgunsThe following additional rules apply to firearms defined in PL 265.00 (3) owned or possessed by Germantown Police Officers:1.If a member possesses a handgun, he or she MUST possess a valid New York State Pistol license and the license must reflect all pistols possessed by the employee. UNDER NO CIRCUMSTANCE will a firearm (Penal Law definition) be purchased on the authority of the Germantown Police Department Badge. Procedures as established by the Surrogate’s Office will be followed for all firearm acquisitions and disposal. If when appointed, a Police Officer does not possess a valid New York State Pistol license, he or she MUST apply for a pistol license, but may carry a handgun on the authority of his/her police badge until their pistol license is received. ALL members must maintain a photostatic copy of the most recently amended pistol license in their personal folder.2.Uniformed members, whose duties require the carrying of a handgun while on duty, shall carry their firearm fully loaded (chamber and magazine) on their strong-arm side. They shall carry two additional fully loaded magazines for their firearm.3.Members shall immediately report the loss, theft, sale or disposal of any handgun on their pistol license.4.Whenever a Germantown Police Officer operates the Town of Germantown Police Car, whether on or off duty, the officer will carry his or her firearm. Long GunsNo rifle or shotgun will be carried on duty by any Police Officer unless approved by the Police Commissioner.Chemical Agents The chemical agent approved for use by the Germantown Police Department is Oleoresin Capsicum and is referred to as “OC spray.” A situation may arise where it is necessary for a Police Officer to use OC spray as part of the legal application of force as described in the Use of Force Model (Figure 1). The purpose of this section is to insure that there is an understanding about the use of OC spray and its limitations. These guidelines establish basic procedures for the use of OC spray.Description of OC SprayOC is an organically based non-lethal aerosol weapon designed to incapacitate an attacker usually with no after effects. OC usually immobilizes a human or animal for up to 45 minutes, regardless of size and strength. The OC formulation is based upon Oleoresin Capsicum, a powerful inflammatory agent that occurs naturally in cayenne peppers. Effect of OC SprayOC is an INFLAMMATORY agent that will cause mucous membranes to swell, producing an immediate closing of the eyes, uncontrollable coughing, gagging and gasping for breath. OC also produces a sensation of intense burning of the skin. Those psychological effects normally produce a compliant subject who has lost coordination and upper body motor control, thereby precluding any further aggressive behavior. Your subject can be restrained/controlled with minimum physical contact. This reduces the risk of injury for the OC user and the person restrained. OC produces no lasting side effects (beyond 45 minutes). If a person takes longer than 45 minutes to recover, medical personnel should evaluate them. Like any use of force injury, if the subject requests medical treatment, they should be immediately taken to a medical facility, by rescue squad if needed, for examination.Procedure for UsePolice Officers shall receive 8 hours training in the use of OC spray prior to being permitted to carry or use it on or off duty. Officers are issued an OC canister, which is carried on the person in a holster or pocket. The OC canister will be the responsibility of the individual officer to keep safe and within his/her control while on or off duty. Through training, officers have learned how to evaluate circumstances where OC may be used when lesser types of force options are ineffective. The use of OC spray is restricted to:-Circumstances authorized by law; and,-The level of force used is a reasonable officer response to the actions of the subject, thereby accomplishing a lawful task. OC spray may be used at the officer's discretion under the following circumstances:1.When necessary to defend himself/herself or others;2.To effect an arrest;3.To prevent the commission of a public offense; and, 4.When lower levels of force are deemed ineffective.OC produces a cone shaped spray to incapacitate a person up to eight (8) feet away. The following instructions apply to its use:(From manufacturer’s label)1.OC spray must always be used in an upright position. Use two (2) one-second bursts.2.The spray should be directed at the subject’s face (eyes, nose and mouth). The working range of the spray is from two feet to eight feet. The minimum range is eighteen inches. Wind and weather conditions are factors that should be considered when using OC spray.3.If possible, avoid use in a confined area. Use only with adequate air supply.4.Never discharge into the wind.5.Extreme caution should be exercised when using OC spray against a person who has a reduced sensitivity to pain. If such a person is not disabled with OC, they may react with violence.6.Officers should routinely practice use and handling of the OC canister to develop proficiency in its use in order to prepare for circumstances which are dangerous or which require rapid handling of the OC canister. Officers should routinely test fire their OC canister every 3 months, outdoors in an appropriate and safe area, to check pressurization and spray pattern.REQUIRED REPORTS 1. Officers are required to complete a detailed incident report whenever OC spray is used and make the appropriate notification to supervisory personnel as soon as possible. 27i. Germantown Police Department’s Policy Regarding Evidence ProceduresEvidence Procedures:The process for handling found, recovered or evidentiary property is a critical aspect of professional police work. The evidence procedures of the Germantown Police Department are established to maintain the necessary chain of custody of evidence for criminal cases, and to guard the integrity of the department’s personnel. The following procedures outline the handling, security and disposition of all non-department property that is lawfully obtained by any officer of the Germantown Police Department, while acting in an official capacity. A Germantown Police property receipt will be completed whenever property officially comes into the possession of this department and the owner of said property is known. This applies to all evidence, seized assets and found property. Officers should include the date, blotter number, owner’s name and address, and a detailed description of the property as well as the reason it was received. The owner or custodian of the property that was received should sign next to “PERSON RECEIVED FROM” on the form. If the person is unable to or refuses to sign, the officer should note this fact on the receipt and detail the reason in his or her report. A copy of the receipt may be given to the owner of said property. An evidence sheet will be filled out and attached to all property that officially comes into the department’s possession. The officer should itemize and describe each piece of property on this report under the “CONTENTS” section. If there is more than one item, the items should be noted as a different item number and stored together in the same bag or container with the evidence sheet attached. If the officer feels the property should be stored separately, (i.e. the property is too big to be grouped together) another evidence sheet should be completed. In this case, the officer, under the “PROP. INVENTORY #” section, should assign a different number for each evidence sheet pertaining to the same blotter or case number. Evidence Procedures Continued:All property held as evidence shall be stored safely and securely in the designated evidence areas. Said property shall have a properly filled out evidence sheet attached to it. Officers should temporarily secure evidence in the office by locking it in the patrol cabinet. The officer shall notify an evidence custodian by note or memo that evidence has been secured for the custodian can log the item(s) into one of the long-term evidence storage areas at his or her earliest conveniences. If an officer obtains evidence that is too big to be temporarily secured, an evidence custodian should be called in to assist. Evidence Custodians:The Germantown Police Department will utilize two sworn police officers to serve as the evidence custodians. The department head will designate which two officers will be evidence custodians. The evidence custodians will be responsible for the proper storage and handling of all evidence, as well as maintaining the evidence log. A separate log shall be kept for all property that is introduced and/or removed from the evidence areas. This log shall be kept in a bound notebook and labeled as “Evidence Log”. The evidence log shall be stored in a secured area. All log entries shall include the date, case number and a brief description of the item. When an item is removed from evidence, the status of the item shall be noted, (i.e. destroyed, out for trial, returned to owner…etc.) and a brief supplemental report filled out and added to the case file. It is very important that these procedures are carefully followed and the movement of evidence is well documented to maintain its integrity. Evidence custodians should annually inquire on the status of all evidence with the assistance of the case officer and department supervisor. Evidence retained for cases that have been disposed of and past the window for appeal, shall be returned to the lawful owner, or properly destroyed. The Office of the District Attorney should be consulted if the status of a case is not known. 27j.Duties Of Dog Control Officers In New York State: 1. Impounding all unleashed/unwanted, unlicensed/untagged and injured/unknown owners. Providing proper food, care and perhaps disposal. The Town Board contracts with Pine Plains Veterinary Associates, P.C. in order to help meet this obligation.2. Must complete legal paperwork to comply with Article 7 of the Agriculture and Markets Law. The Society will complete the necessary paperwork on all dogs either picked up or brought to the shelter but our Dog Control Officers must sign this paperwork within 24 hours. Additionally, the Town's DCO must complete Town paper work identified as Dog Control Policy and Seizure & Disposition of Dog.3. Dog Control PolicyAdopted by the Germantown Town Board January 10, 2000 and incorporated into the Town-wide Policy Manual. This policy is legally supported by Germantown Ordinance #6.Dogs that have violated the Animal Control Ordinance #6Date ____________ Time ___________Location Dog was found _____________________________DESCRIPTION OF DOG:Breed __________________Sex _____Color ______________Owner/Harborer of Record and Address: ____________________________________________________Recovered Lost DogCosts to the Dog Owner _____ Dog License Tag_____ $305.00 Humane Society Chargewas attached # ____________ to the Town _____ Dog had no _____ $75.00 Town Charge for collecting identification tagand transporting dog_____ Temporary Kennel Charge in Town Kennel $10.00 per day_____ Additional Town Charge, per hr. for extra time involved in collecting the dog.NOTE: The Humane Society probably $ ______________will be giving you a separate bill for Total bill due Town of Germantownadditional costs of their own. SEIZURE AND DISPOSITION OF DOGReason for Seizure: _____________________________________________________Person who transported Dog: ______________________________________________ Vehicle used for transporting_______________________________________________ Hours involved on this case________________________________________________NOTES:______________________________________Signature of Town EmployeeRedemption Procedures If Dog Is Not At The Humane SocietyI hereby certify that I am the owner or harborer of this dog, that I accept possession of this dog, that I hereby release and waive any/all rights against the Town of Germantown which I may have now or in the future, that I promise to license this dog within 72 hours if not licensed already, and that I will pay the Town of Germantown $_________________ for fees itemized on the reverse side of this street.______________________________________________________I acknowledge receipt of above described dog Date Signature of Owner/Harborer*************************************************************************************************4. If we locate the owner of the dog and they are unwilling to pay the pickup fee or other related fees, we must charge them under our Animal Control Ordinance in order to get reimbursed for these fees.27k. Germantown Police Officer's Code of Professional ConductItem #1In order to avoid both the creation and the appearance of a "double standard of discipline" within the Germantown Police Department, there should be no traffic ticket reductions, dismissals, nor ticket withdrawals by Germantown Police Officers without valid reasons. However, there are rare occasions when discipline, in the interest of justice and fairness is best served by a police officer reducing, dismissing, or withdrawing his/her traffic ticket in lieu of other disciplinary action. The Police Commissioner will be notified in writing by the Officer of any of these situations. Item #2There shall be no substitution of, or a reduction of, any charges in the field for any reason by a Germantown Police Officer.Item #3On rare occasions a warning may be more useful, beneficial, and may accomplish more than an arrest. A) These rare warnings shall not be based on favoritism, friendship, relationship, nor financial gain. B) These rare warnings should be done discreetly so that others will not have the opportunity to discuss the specifics throughout the community. The Police Commissioner will be notified in writing by the Officer of any warning given in lieu of an arrest. C) No warnings in lieu of arrest shall be given for misdemeanors or felonies. D) Always remember police work is a career not a game. You are constantly watched and will be held liable for your poor judgment and actions.Item #4 A) A Police Officer is a role model and can not expect respect until you earn it. In order to receive respect, you must show it towards others. You can not enforce laws that you yourself do not obey. B) Smoking in any town owned vehicle and unlawful area is prohibited. Smoking on duty should be limited to an area where you are by yourself and your smoke will not touch others. C) Be professional, alert and courteous. Use only polite and considerate language in the exercise of your duties. Make positive public relations an active part of daily duties and be tactful when dealing with the public. D) Participate in all required in-service training.Item #5The Germantown Police Patrol Cars shall be treated as if they were your own cars. The oil must be checked before each tour of duty and any problems noted. The cars must be kept clean; this means periodically washing the exterior and wiping down the interior. A quick interior waste pickup and refueling of units 4C41 and 4C42 will be the responsibility of the police officer who uses it before he/she leaves their shift and his/her responsibility to notify the Commissioner regarding restocking of equipment used. If you find anything wrong with the police vehicles, equipment, building or office supplies, contact the Commissioner. Town police officers will not change, replace or work on the vehicles or equipment in or on the town police vehicles without the permission of the Commissioner. The Town Board shall have the final decision on any repairs over $500 to the patrol vehicles. The cars shall always be driven in a professional manner. 27l.Police Department Uniforms1.Regular dress uniforms to be specified/issued by the Town.2.Inclement weather - Emergency call-outs - Search and Rescue, field uniforms* cap and short jacket as specified/issued by the Town* black trousers and footwear as specified by the Town27m.Use Of A Tape Recorder For ProtectionGermantown Police Officers will tape, on a pocket tape recorder all conversations between them and the public that may become disciplinary in nature. Said tapes along with a paper trail log of disciplinary tape discussions shall be secured in the Police Office until advised to destroy by the Commissioner. Cost of recorder and tapes will be a Town expense.28.Use Of Town Garage & Equipment Wash Building Any town employee or appointee of any town committee/board, or elected official may use the Town Garage and the new Equipment Wash Building as long as they receive permission from the Highway Superintendent/Deputy, are accountable for their actions and follow any procedures set up by the Highway Superintendent and Town Supervisor. All others may follow this policy if they receive permission from the Highway Superintendent and Town Supervisor.28a.Highway Department Mission Statement The Highway Superintendent shall have the care and supervision of all town highways, bridges, and sidewalks and must maintain these areas including ditch lining, drainage, water control, brush and trees, proper sight distances, snow and ice control, and maintenance of all highway equipment, tools, town garage, sand and salt building and the equipment wash building. To help achieve this mission statement the HighwaySuperintendent will hold monthly department meetings that include Town Board representation. Additionally the following Highway departmental work plan for Highway projects is adopted as follows: ProjectMonth Of Yeara)Road Preparation For New Topping April-Juneb)New Road ToppingJuly-Sept.c)Roadside MowingBefore Memorial Day & before School opensd)Snow & Ice ControlContinually As Needede)Equipment MaintenanceContinually As Neededf)Road MaintenanceContinually As Neededg)Culvert ReplacementAs Neededh)Ditch-LiningAs Neededi)Tree TrimmingAs Needed 28b.The Highway Superintendent will set up specific "work day assignments" the night before each work day so that the men and equipment are ready to start at the beginning of the work day. The work day will consist of 7 AM-3:30 PM, one half hour unpaid lunch, and a one quarter hour morning and afternoon paid break. The Deputy Highway Superintendent and/or the Foreman will prepare a workday plan anytime one is needed or has to be altered due to various factors. 29. Mowing along town roads is to be done within the highway right-of-ways. See #3930. A single driver of a dump truck over two ton is not permitted for snowplowing, snow sanding, or hot/cold patching road repair work.30a.Whenever possible and practical, all Germantown employees, when backing any large truck must place a "spotter" out behind said truck. If a "spotter" is unavailable when backing into the town garage, the driver must drive forward into the garage.31. All Town Garage doors are to be locked when the Highway Superintendent and/or employees are unavailable to safeguard building and its contents.32. Gasoline: Any official or employee of the town authorized to pump gasoline or diesel fuel from town tanks will record said action on the appropriate accounting sheets. The highway superintendent will be responsible for maintaining accurate incoming and outgoing petroleum records and will file the same with the town's central purchasing/ accounting unit. The highway superintendent will be responsible for compliance with all New York State Conservation laws pertaining to underground fuel tanks on the Town Garage property.33. All Full-Time Town Employees, full-time defined as those employees working aminimum of 40 hours per week all year will be granted the following: a) Ten sick days per year, not to exceed 200 days, prorated the first year of employment pursuant to Section 33e. b) Eleven holidays: New Year's Day Martin Luther King's Birthday Memorial Day Independence Day Labor Day Columbus Day Election Day Veteran's Day Thanksgiving Day Christmas Day President's DayIf any said holiday falls on a weekend day, the employee's holiday will be celebrated on a week day either before or after the said weekend, management to decide when. c) Three Personal Days per year with pay, unused personal days to be turned into sick time after December 31st, prorated the first year of employment pursuant to Section 33e.d) Vacation time is prorated pursuant to Section 33e and is not based on anniversary date. After two year's employment, two week's vacation. After six year's of employment - 11 days vacation After seven year's of employment - 12 days vacation After eight year's of employment - 13 days vacation After nine year's of employment - 14 days vacation After ten year's employment, three week's vacation. After twenty year's employment, four week's vacation.e) If an employee's starting employment date (anniversary date) is after January 10th, the employee's first year of employment will be considered a partial year ending the first December 31st after the employee's starting employment date. Therefore, the employee's sick days, personal leave days, and earned vacation days for this partial year, will be prorated to the December 31st described above as follows: Starting Employment Sick Personal Vacation Days Date Days Leave Days Effective Jan 1st. Jan. 1-10th 10 3 5 Jan. 11-March 31 7 2 3 April 1-June 30 5 2 2 July 1-Sept. 30 3 1 1 Oct. 1-Dec. 5 2 0 0 Dec. 5-31st 0 0 0On the first January 1st following the partial year, the partial year employee will be granted 10 additional sick days, 3 additional personal leave days and 5 additional vacation days. On the second January 1st the employee will be granted 2 weeks vacation and will be considered a two year employee for prorating fringe benefits only. Thereafter, January 1st continues to start a new full year pursuant to prorating, with Section 34 superseding this section.34. A full-time employee leaving the Town's employment after ten years of service (calculated on their starting anniversary date, not their fringe benefits prorated date) shall receive $10.00 per day for unused sick leave and personal leave, and full rate for any unused vacation leave.35. Any Town employee who does not report to work as scheduled must notify their supervisor ASAP. A highway employee who does not report for work because of illness or disability, must notify the superintendent, or deputy superintendent, or foreman no later than 7:00 a.m. on the date he/she will be absent. Failure to give such notice before a day's absence may result in loss of sick pay. The Highway Superintendent will notify his Department and the Town Supervisor of his planned vacation days. He will notify the Deputy Highway Supt. and/or Foreman by 7 AM when he is not coming into work on a particular day. The Deputy Supt. and/or Foreman will notify the Town Supervisor's office of the same. 35a. No sick pay will be allowed in any month after five consecutive days' sick leave unless a physician’s certificate of illness is filed with the highway superintendent.35b.An appointed employee on sick leave may not engage in any commercial work during the 24 hour period of sick leave. Violation of this regulation will result in the loss of sick leave pay and other penalties.36. Highway employee vacation periods shall be approved by the Highway Superintendent / Deputy Superintendent. If an employee who is on vacation or personal leave, is called in to work, the personal or vacation leave time not used will be given to the employee at a later date.36a.All appointed Town employees must submit a written "Days Off Request" form to their supervisor for approval. Appointed Department Heads will complete a “Days Off Notice” form and notify the Highway Superintendent and Town Supervisor. Copies of these forms will be kept on file. 37. Work uniforms in the Highway Department: Town of Germantown will pay 100 percent of the cost of purchasing/rental/cleaning per man, per year for uniforms, including the highway superintendent and maintenance supervisor. If a uniform size change is needed, this is an employee cost.38. All full-time employees, elected or appointed before January 1, 2007 are eligible for a free town wide medical insurance. Those full-time employees, elected or appointed after January 1, 2007 are eligible for the town’s medical plan at the present rate of 75% of the cost paid by the town and 25% of the cost paid by the employee. Effective January 1, 2011, newly elected or appointed full-time employees are eligible for individual coverage on the Town’s medical plan at the present rate of 75% paid by the Town and 25% paid by the employee. If family coverage is requested, the employee will be responsible for the difference between the individual and family premiums. It is encouraged that if this medical coverage can be obtained other than from the Town, said employee will attempt to obtain it from other sources.38a.Part-time employees, elected or appointed to include Town Supervisor, Town Board Members, Town Justices, Town Clerk, Town Assessor, Tax Collector, Building Inspector and Code Enforcement Officer, are eligible for the town's medical plan at the present rate of 10% of the cost paid by the town and 90% of the cost paid by the employee. 39.The Town Board adopts the following highway right-of-ways, as established by State Law. Height A. Edge of pavement up 16 feet. *Note: If a bush or tree limb in the highway right-of-way is obstructing sight distance and creates a hazard, contact The Highway Superintendent and/or Town Supervisor if unable to resolve the situation with the landowner. Width A. Deeded Road: Check for a 50 foot wide deeded track of land and then check if the paved road area is in the center of the 50 foot track of land and if so, subtract the width of the pavement from 50 feet and divide by 2.B. Non-Deeded Road: This means a lot more negotiation is needed with the landowner in question because the right-of-ways are “Estimated and Negotiable” not “Definite and Certain”. Rule of Thumb18’ top = 16 feet ROW each side of pavement16’ top = 14 feet ROW each side of pavement14’ top = 12.5 feet ROW each side of pavement12’ top = 10.5 feet ROW each side of pavement40. Snowplowing Policy: A. Plowing our roads is priority B. Plow the Firehouse and snow removal from the sidewalks and fire hydrants C. Plow the Municipal Parking Lot and other town lots and sewer district driveways D. Plow our Church parking lots, Legion Hall lot41. Wood that has been cut in lengths of 4-6 feet or depending on weight by town employees, will be given to the property owner where the tree was located. If that property owner does not want the wood, it will then be given to the closest person from the job site. In all cases, the wood will be dumped in the driveway area.42. The Town Board adopted the use of the road inspection sheets and adopted a town-wide policy of inspecting roads on Mondays and Fridays and/or if storms necessitate, additional inspections or holidays/workloads require an occasional alteration of these days.43. The town will continue to use the current gas accounting records and does require stick dipping each work day, on each of the petroleum tanks for measuring purposes.44. If an employee desires to carry unused vacation time over into a new year, he/she must receive permission from their department head. Without prior permission said unused vacation time ends December 31st of each year.45. At the discretion of the superintendent, depending on his work schedule, sanding, plowing and snow removal at the churches and their cemeteries, firehouse, school and legion hall will be done at no charge. Other highway work performed at these locations will have cost of materials paid by the benefactor.45a.Sanding Of School property - The town will bill the school district for the sand and salt used at the school. The man hours and equipment used will not be billed.46. Town Board will allocate funds, $75 maximum per storm for food to be purchased for Town employee's working overtime when it is impractical for them to leave the storm to go home to eat. This food will be eaten in the Highway Garage kitchen.47. HAZARD COMMUNICATION WRITTEN PROGRAM Town of Germantown Highway DepartmentThis written program will include the specific methods that are used to achieve compliance with the requirements of the Hazard Communication Standard (29 CFR 1910.1200).I. GENERALThe purpose of this instruction is to ensure that the Town of Germantown Highway Department is in compliance with the OSHA Hazard Communication Standard (HCS) 29 CFR 1910.1200.The Germantown Highway Superintendent is the overall coordinator of the facility program acting as the representative of the Town of Germantown Highway Department, who has overall responsibility. In general, each employee in the facility will be appraised of the substance of the HCS, the hazardous properties of chemicals they work with, and measures to take to protect themselves from these chemicals.II. LIST OF HAZARDOUS CHEMICALS The Germantown Highway Superintendent will maintain a list of all hazardous chemicals used in the facility, and update the list as necessary. The hazardous chemical list will be updated upon receipt of hazardous chemicals at the facility. The list of hazardous chemicals is maintained at the Germantown Town Garage lunch area.III. MATERIAL SAFETY DATA SHEETS (MSDS's)The Germantown Highway Superintendent will maintain an MSDS library on every substance on the list of hazardous chemicals in the Town Garage. The MSDS will consist of a fully completed OSHA Form 174 or equivalent. The MSDS's will be readily available to all employees. The Germantown Highway Superintendent is responsible for acquiring and updating MSDS's. The Germantown Highway Superintendent will review each MSDS for accuracy and completeness and will consult with the Area/Region/Headquarters OS&H manager if additional research is necessary. All new procurements for the facility must be cleared by the Germantown Highway Superintendent. Whenever possible, the least hazardous substance will be procured.MSDS's that meet the requirements of HCS must be fully completed and received at the facility either prior to, or at the time of receipt of the first shipment of any potentially hazardous chemical purchased from a vendor. It may be necessary to discontinue procurements from vendors failing to provide approved MSDS's in a timely manner.IV. LABELS AND OTHER FORMS OF WARNINGThe Germantown Highway Superintendent is designated to ensure that all hazardous chemicals in the facility are properly labeled. Labels should list at least the chemical identity, appropriate hazard warnings, and the name and address of the manufacturer, importer or other responsible party. The Germantown Highway Superintendent will refer to the corresponding MSDS to verify label information. Immediate use containers, small containers into which materials are drained for use on that shift by the employee drawing the material, do not require labeling. To meet the labeling requirements of HCS for other in-house containers, refer to the label supplied by the manufacturer. All labels for in-house containers will be approved by the Germantown Highway Superintendent prior to their use.The Germantown Highway Superintendent will check on a monthly basis to ensure that all containers in the facility are labeled and that the labels are up to date.V. TRAININGEach employee who works with or is potentially exposed to hazardous chemicals will receive initial training on the HCS and the safe use of those hazardous chemicals. Additional training will be provided for employees whenever a new hazard is introduced into their work areas. Hazardous chemical training is conducted by the Germantown Highway Superintendent.The training will emphasize these elements:1. A summary of the standard and this written program2. Hazardous chemical properties including visual appearance and odor and methods that can be used to detect the presence or release of hazardous chemicals3. Physical and health hazards associated with potential exposure to workplace chemicals4. Procedures to protect against hazards, e.g., personal protective equipment, work practices, and emergency procedures5. Hazardous chemical spill and leak procedures6. Where MSDS's are located, how to understand their content, and how employees may obtain and use appropriate hazard information.The Germantown Highway Superintendent will monitor and maintain records of employee training and advise the facility manager on training needs.VI. CONTRACTOR EMPLOYERSThe Germantown Highway Superintendent, upon notification from the responsible supervisor, will advise outside contractors of any chemical hazards which may be encountered in the normal course of their work on the premises.VII. NON-ROUTINE TASKSOther supervisors and repair contractors contemplating a non-routine task, e.g. boiler repair, will consult with the Germantown Highway Superintendent and will ensure that employees are informed of chemical hazards associated with the performance of these tasks and appropriate protective measures. This will be accomplished by a meeting of supervisors and the Germantown Highway Superintendent with affected employees before such work is begun.VII. ADDITIONAL INFORMATIONFurther information on this written program, the hazard communication standard, and applicable MSDS's is available at 518-537-6686.47a.TRAINING PROGRAMTown of Germantown Highway DepartmentI. INTRODUCTION A. Reasons for training 1. Hazard communications standard 2. Providing for the employees' welfare B. Description of the standard requirements 1. Material safety data sheets (Available for employees) 2. Labeling requirements (Every container - even small) 3. A written program (Available to employees) 4. Information to employees 5. The current trainingII. INFORMATION TO EMPLOYEES A. Location of posted information 1. List of standard requirements 2. List of what operations involve hazardous chemicals 3. List of locations where data sheets and copies of the program can be found 4. List of all hazardous chemicals in the workplace 5. Information regarding monitoring devices and/or alarms that are in use, as well as, the methods and observations that may be used to detect the presence of or release of a hazardous chemical; such as the visual appearance and/or the odor of chemicals when being releasedIII. MATERIAL SAFETY DATA SHEETS A. Locations B. How to read and understand data sheets 1. Use a properly completed data sheet as an outline or transfer it to slides C. What TLV's, PEL's, and TWA'sIV. WHAT CHEMICALS ARE IN THE WORK AREA; WHAT ARE THE HAZARDS; HOW CAN THE LEVEL BE DETECTED; AND HOW CAN THE EMPLOYEE PROTECT HIMSELF? A. Chemical name 1. Hazards A. Flammable? B. Reactive? C. Toxic on contact? D. Toxic by inhalation? E. Cancer suspect? F. Reproductive problems? G. Irritating? H. Causes burns? I. Other hazards? 2. How can the presence of the chemical be detected if it is toxic? A. In the air B. On parts or on the skin C. By alarms and monitoring devices D. What level of the chemical is hazardous E. What symptoms indicate over-exposure 3. How does the employer prevent over-exposure? A. Monitoring of air B. Ventilation C. Personal protective equipment provided D. Medical surveillance E. Mechanized processes to avoid contact 4. What personal protective measures should be taken by the employee? A. Equipment for normal use B. Equipment for foreseeable emergency C. How to obtain equipment D. Instructions on the use of the equipmentNOTE: Repeat the above instructions for each chemical present in the work area. Chemicals with the same hazard properties that are used in the same way may be combined.V. DESCRIBE THE LABELING PLAN FOR ALL CHEMICALS IN THE FACILITY A. Who will insure labels are affixed B. What are the employees responsibilities C. Who can they call if an improperly labeled container is discovered D. What, if any, disciplinary action will be taken against violators of the rules E. How to refer to the data sheet after reading the labelVI. DESCRIBE FORESEEABLE EMERGENCIES AND HOW EMPLOYEES CAN PROTECT THEMSELVES A. Describe the possible emergency such as tank lead or overheating B. Describe measures employees should take such as evacuation or personal protective equipmentNOTE: Repeat the above for each foreseeable emergency situationVII. SUMMARIZE THE PLAN AND WHERE THE EMPLOYEE CAN LOOK FOR INFORMATION A. Labels B. Data sheets C. Who can answer further questionsTOWN OF GERMANTOWNHazard Communication Written ProgramMonthly Check to Ensure Correct Labeling5 Year Record 2011 2012201320142015January _____ _____ _____ _____ _____February _____ _____ _____ _____ _____March _____ _____ _____ _____ _____April _____ _____ _____ _____ _____May _____ _____ _____ _____ _____June _____ _____ _____ _____ _____July _____ _____ _____ _____ _____August _____ _____ _____ _____ _____September _____ _____ _____ _____ _____October _____ _____ _____ _____ _____November _____ _____ _____ _____ _____December _____ _____ _____ _____ __________________________________________Highway Superintendent - Training SupervisorTOWN OF GERMANTOWNHazardous Training of the HCS and Safe Use of Hazard Chemicals CHECK EMPLOYEE ID NUMBER January_____ Richard Jennings 6599_____ Jesse Bender 4967_____ Filippo LoGiudice 4256_____ Patrick Ebling 5608_____ George Sharpe 4574 February_____ Richard Jennings 6599_____ Jesse Bender 4967_____ Filippo LoGiudice 4256_____ Patrick Ebling 5608_____ George Sharpe 4574 March_____ Richard Jennings 6599_____ Jesse Bender 4967_____ Filippo LoGiudice 4256_____ Patrick Ebling 5608_____ George Sharpe 4574 April_____ Richard Jennings 6599_____ Jesse Bender 4967_____ Filippo LoGiudice 4256_____ Patrick Ebling 5608_____ George Sharpe 4574 May_____ Richard Jennings 6599_____ Jesse Bender 4967_____ Filippo LoGiudice 4256_____ Patrick Ebling 5608_____ George Sharpe 4574 June_____ Richard Jennings 6599_____ Jesse Bender 4967_____ Filippo LoGiudice 4256_____ Patrick Ebling 5608_____ George Sharpe 4574 July_____ Richard Jennings 6599_____ Jesse Bender 4967_____ Filippo LoGiudice 4256_____ Patrick Ebling 5608_____ George Sharpe 4574 August_____ Richard Jennings 6599_____ Jesse Bender 4967_____ Filippo LoGiudice 4256_____ Patrick Ebling 5608_____ George Sharpe 4574 September_____ Richard Jennings 6599_____ Jesse Bender 4967_____ Filippo LoGiudice 4256_____ Patrick Ebling 5608_____ George Sharpe 4574 October_____ Richard Jennings 6599_____ Jesse Bender 4967_____ Filippo LoGiudice 4256_____ Patrick Ebling 5608_____ George Sharpe 4574 November_____ Richard Jennings 6599_____ Jesse Bender 4967_____ Filippo LoGiudice 4256_____ Patrick Ebling 5608_____ George Sharpe 4574 December_____ Richard Jennings 6599_____ Jesse Bender 4967_____ Filippo LoGiudice 4256_____ Patrick Ebling 5608_____ George Sharpe 4574_____________________________________ Highway Superintendent - Training Supervisor48. Financial Overtime And Compensatory Overtime: Any employee who with authorization works over 8 hours per day will be paid 1 1/2 times their normal pay rate for all time over 8 hours unless said employee and their supervisor agree to compensatory overtime instead of financial overtime. No employee may accumulate more than 40 hours of compensatory overtime, said comp time may not be replenished in a fiscal year i.e., January 1st-December 31st and the maximum hours allowed in the comp time fund may never exceed 40 hours regardless of year to year rollovers.49. Leaving Your Town Job For A Fire or Rescue Emergency: An employee of the Town of Germantown may leave his/her job to actively help at a fire or rescue emergency in Germantown: 1. If it is practical & reasonable to do so without leaving town equipment, materials & fellow employees stranded and/or unattended. 2. Said employees shall return to his/her job as soon as possible and practical.3. Said employee will be paid by the town during this excused absence. 4. An employee may leave to assist another community with permission from the Highway Superintendent/Deputy/Foreman or Town Supervisor.50. Gasoline And Diesel Fuel Policy 1. Perpetual/annual inventory records of gasoline and diesel fuel purchased, used and on hand will be maintained in one book. 2. Odometer readings of each vehicle will be recorded at the time of refueling so that miles driven can be compared to gallons used. A comparison record will be kept and any large variances will be installed. 3. Gasoline/diesel meter readings will be periodically compared with amounts recorded as being pumped and any substantial differences will be investigated.51. Culvert Pipe Policy When a landowner needs a replacement culvert pipe between his/her driveway and a Town Road in order to carry road ditch water under said driveway the Germantown Highway Superintendent must approve the project prior to construction. The Highway Superintendent will determine the necessary size of the pipe and said replacement of the pipe will be performed by an experienced contractor and/or the town at the expense of the property owner. If the town performs the work landowner costs will be for the pipe, gravel, posts and reflectors. Town costs will be the trucking, use of town equipment and labor. 52. Highway Department Policy Regulating The Placement And Construction Of Driveways Along Town Highways.INTRODUCTIONSection 213 of the New York State Highway Law allows the Town Highway Superintendent to direct the construction and repair of all approaches and driveways to private lands along Town Highways.In accordance with the exercise of these duties, the Town Board has established definite standards and procedures governing the construction of entrances to Town Highways so as to regulate traffic entering or leaving commercial establishments, residences, industrial plants and farms, etc. The purpose of these standards and procedures is to provide maximum protection to the public through orderly control of traffic movements onto and from the highway, to safeguard highway traffic carrying capacity, and to assure uniform practices throughout the Town in the design and construction of entrances and exits.52a.SECTION I GENERAL POLICESA.Any person, institution or corporation desiring permanent or temporary vehicle access to a town highway i.e. either a Grade A or Grade B road and/or a driveway shall meet with the highway superintendent at the proposed site and discuss construction plans with him.B. The town will decide what traffic control devices, delineators, ditches, catch basins, grates,culvert pipes and other drainage structures are necessary to be installed in the highway right-of-way and they will be installed by an experienced contractor and/or the town at the expense of the property owner. Any necessary replacement of these structures will be performed by an experienced contractor and/or the town at the expense of the property owner. The property owner shall also trim brush and maintain his/her property in such a manner as to maintain optimal sight distance.SECTION II DESIGN POLICIESFOR A PROPOSED GRADE A OR GRADE B ROADS See Local Law #1 of 1978 and Guidelines for Grade A & Grade B Private roadsFOR DRIVEWAYSA.Policies and Objectives For Driveway Location and Construction 1.Choose the most favorable vision, grade and alignment conditions for motorists using the proposed driveway and the highway. 2. No undue interference with the free and safe movement of highway traffic. 3. Maximum safety and convenience for pedestrians and other users of highwayright-of-way. 4. The driveway must meet the highway at a perpendicular 90 degree angle and be at least 24 feet wide and must hold that angle and width for about 50 feet, and then may narrow to a 10 foot wide minimum, as approved by the town. 5. The maximum slope/grade between the street and the first 50 feet of the driveway shall not exceed three percent. 6. The driveway shall be constructed to slope back towards the house away from the edge of the highway pavement so as to prevent driveway water run off from entering the highway. 7. A driveway shall be constructed so that it does not adversely affect the highway drainage or drainage of the adjacent property. If a culvert pipe is needed it must be at least 12" diameter by 24 feet long and must direct the water in a direction specified by the Highway Superintendent. 8. Two delineator posts with reflectors must be installed, one on each end of the driveway where it meets the highway. 9. We suggest, encourage and strongly recommend that your 911 address numbers be placed at the end of your driveway near the highway so that emergency vehicles may see them approaching from either direction.53. Safety Policy Regarding The Picking Up Of Dead Animals On Town Roads And Properties 1. Always put gloves on 2. Always remove to a location directed by Highway Superintendent 3. Always clean all tools and equipment ASAP.54. The Town Board of the Town of Germantown does hereby adopt the attached Columbia County Department of Public Works Drug & Alcohol Testing, Policy & Procedure Manual, Driver Information and Handbook pages 1-15 as the Town's Policy.55. Placement of a mailbox in the town highway right-of-way town of Germantown:* Town employee will discuss the placement of the mailbox with the landowner* Follow all United States Postal Service regulations* Roadside face of the mailbox offset from the edge of the pavement - 36 - 80 inches* Where a mailbox is located at a driveway entrance, it shall be placed on the far side of the driveway in the direction of the delivery route after permission from the landowner.* Where a mailbox is located at an intersecting road, it shall be located a minimum of 50 feet into said road in the direction of the delivery route.56. Any Town employee operating a chainsaw must be accompanied by a second person for safety reasons. 57. No Town employee nor any contractor for the town may ever enter one of our sewer district pump stations or manholes without first checking the air quality in said confined space and said worker must always be accompanied by a second person for safety reasons.58. Definition of a resident as it applies to the application for a Family Pass to use Germantown Park lands and facilities as follows: A. A person who permanently or on a part-time basis resides in the town. B. Under this new definition; a person who owns or rents a home in your town on a part-time basis should now be eligible for a certificate of residence form.59. Skating and Snowplowing on Lake George South: Before opening up the lake for public skating, three test holes must be cut at various locations and have at least four inches of ice at each location, and before plowing the snow off of the lake with the town-owned tractor, those three test holes must show eight inches of ice each.60.Upon recommendation of the Park Commission, fishing in Lake George South will be permitted outside the swimming-beach areas as long as it is properly chaperoned and all laws are followed.61. Water Safety Policy in compliance with New York State Sanitary Code Subpart 6-2 Bathing Beaches. Attached and made a part of this policy manual. ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download