Ormstown's human resources bylaw: hours, pay, leave and discipline for municipal staff

Bylaw 99-2023, in force since June 6, 2023, is the municipality's human resources policy, adopted as a bylaw. Any unpaid suspension or dismissal decided by the director general's office must be ratified by council.

Why this bylaw exists

The bylaw sets the municipality's human resources management policy and replaces Bylaw 99.4-2018. Notice of motion was given and the draft tabled May 1, 2023. It was adopted June 5, 2023, unanimously by the members present. Notice of adoption was published, and the bylaw took effect, June 6, 2023.

Who it covers, and hiring

There are three kinds of employee (art. 1): full-time permanent (24 hours a week or more, probation completed), part-time permanent (under 24 hours) and casual (occasionnel: occasional, seasonal or temporary). On hiring, each new employee must complete and sign a consent to a check of their judicial record (art. 18). The bylaw does not say who hires or how positions are filled.

Hours, overtime and leave

• Hours: full-time regular road department (voirie) staff work a 40-hour week spread over seven days (art. 3.1).
• Overtime: pre-authorized work beyond 35 hours a week for office staff or 40 for road staff, and Saturday and Sunday hours, is paid at 150%; up to 40 hours can be banked (art. 6). Managers (cadres) as a rule get no overtime unless the director general authorizes it (art. 1.1).
• Holidays: 13, including the afternoon of December 24 (art. 7.2).
• Vacation: 4% of salary earned in the reference year, unless an individual contract says otherwise (art. 8).
• Sick days: full-time permanent staff earn one per month worked, up to 12 a year; part-time permanent staff receive 5% of annual earnings (art. 10).

Pay and benefits

At the start of each year, the salary of full-time employees past probation is adjusted to Statistics Canada's Consumer Price Index (art. 14). After probation, the municipality pays 70% of the group insurance premium for full-time permanent staff (art. 11) and, unless the employment contract provides otherwise, a taxable RRSP benefit of 5% of regular base salary, excluding overtime, to permanent staff (art. 15).

Discipline

Grounds that can justify discipline, up to dismissal, include alcohol or drug use during or in connection with work; physical, verbal, psychological or sexual harassment or violence; breaching the employee code of ethics, the policy on preventing harassment, incivility and violence at work (resolution 19-05-152) or the information technology policy (resolution 20-12-338); and theft, including of time (art. 19).

Measures are graduated by seriousness (art. 19):

1. Verbal noticeThe bylaw calls it a reprimand (réprimande).
2. Written notice
3. Unpaid suspensionShort: under 6 working days. Long: 6 or more.
4. DismissalUnpaid suspensions and dismissals must be ratified (entérinée) by council.

The employee must be told in writing the facts and reasons, and the notes go in their file (art. 20).

What this means for residents

The director general sets work hours and can grant raises above the cost-of-living adjustment, in consultation with the human resources committee (art. 3.1, 14). Council ratifies unpaid suspensions and dismissals, and a situation the bylaw does not provide for is submitted to council for a decision (art. 19, 21).