HomeMy Public PortalAbout040416actionitembackup BREWSTER BOARD OF SELECTMEN
MEETING OF APRIL 4, 2016
ACTION ITEMS
1. Adoption of Compliance Policies - The 2015 Collins Center audit of the Town's policies
related to personnel identified several areas of law where the Town lacked compliance
documents. Five (5) of the areas identified require documents that simply state how the
Town complies with State and Federal Laws:
Substance Abuse
Anti-Fraud
HIPPA
Whistleblower
Workplace Violence
Unlike areas where the Town has discretion to create unique internal processes and
procedures, the Town has very little flexibility with respect to compliance in these areas.
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to approve and endorse the attached five (5) policies.
2. Request for Refund- Paul Snyder is requesting a refund of the $300.00 fee paid for a
zoning variance hearing. As it turned out, there was not a need for Mr. Snyder to seek a
variance and the building changes he was proposing were allowed by right. The Zoning
Board of Appeals supports refunding Mr. Snyder $200 of the $300 paid; the difference
would cover advertising and administrative costs.
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to approve this request.
3. Declare Surplus Property - The DPW has an irrigation water cannon and a small
wooden trailer that they would like to have declared surplus. The irrigation cannon was
previously used by the schools and no other departments have any interest in it. The items
will be placed on GovDeals.
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to approve this request.
4. Request for Beach Access Permit - Netco Construction is requesting permission to use
Breakwater Beach for sand nourishment projects for homeowners at 257 8s 267 Crocker
lane. There will be approximately 30 cubic yards of sand placed at 257 Crocker and
approximately 35 cubic yards of sand at 267 Crocker lane. The proposed timeline for the
project is the week of April 111h.
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to approve this request and authorize Administration to
work with Conservation on developing an approval letter which will outline the conditions
related to the access consistent with the order of conditions stipulated in the Conservation
permit.
April 4, 2016
Action Items
Page 1 of 2
S. Request for Beach Access Permit - Greg Morris of Greg Morris Landscaping is
requesting use of Point of Rocks landing for sand nourishment for the property at 290
Foster Road. The project involves placing approximately 100 cubic yards of sand at the
property and then planting vegetation on approximately 600 square feet of the bank.
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to approve this request and authorize Administration to
work with Conservation on developing an approval letter which will outline the conditions
related to the access consistent with the order of conditions stipulated in the Conservation
permit.
April 4, 2016
Action Items
Page 2 of 2
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\�o pryz s TF fJO% Board of Selectmen
04>o� �q a r'� '% Assistant Town Administrator Q
BREWSTER BICENTENNIAL
D 2198 Main Street N
Brewster,Massachusetts 02631-1898 Q
(508)896-3701 Q
o FAX 508 896-8089 W
To: Mike Embury, Town Administrator
From: Jillian Douglass,
Assistant Town Administrator
Date: March 18, 2016
RE: Review of Collins Center Recommended Policy Updates
Before the Board loses its work group members, I would like to suggest we "take up the yoke
again" on making the revisions to the Selectmen's policy documents that were recommended by the
Collins Center Policy Audit. Implementation of the Collins Center recommendations would require
multiple revisions to the Personnel Bylaw Policies and Procedures document, amendment to 11 of the
Board's existing polices and the addition of 7 new policies. When these changes were presented to the
Board at their 7/20/15 meeting,the indication then was that each of the amendments would need in-
depth review, prior to adoption.
Rather than present the full package again, I would like to suggest that we begin by looking at
those policies that we should amend and adopt as soon as possible in order to bring the Town into
compliance with state and federal laws. Those would be the following:
Substance Abuse Policy
Anti-Fraud Policy
HIPPA Guidance Document
Whistle-Blower Protection Policy
Workplace Violence Prevention Policy
Town of Brewster
o`� 2198 Main Street
_ Brewster, Massachusetts 02631-1898
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POLICYNO:
DATE ADOPTED:
AMENDED:
TOWN OF BREWSTER
SUBSTANCE ABUSE POLICY
I. Statement of Purpose
To foster a safe, healthy and productive work environment, the Town of Brewster maintains a Substance Abuse
Policy (the "Policy"). The Town of Brewster recognizes that a wide range of problems, not directly associated
with one's job function, can have an adverse effect on an employee's health and job performance. The abuse of
psychoactive drugs or substance abuse is one such problem. With this policy, the Town of Brewstre endeavors
to ensure that an employee's substance abuse problem does not jeopardize the successful operation of our
business, or otherwise negatively affect the Town of Brewster, our employees or the general public.'
II. Coverage
The Policy applies to all full-time, part-time, temporary and contract employees of the Town of Brewster.
The Town of Brewster subjects drivers of any Town vehicle (whether or not subject to Department of
Transportation("DOT") laws) to additional requirements. See "Compliance Requirements for Drivers."
All employees must sign an acknowledgment form and substance abuse testing consent form at the time of hire.
(See Appendices B and Q.
III. Education and Training
Definitions of key terms used in this Policy are contained in Appendix A.
Page 1 of 14
The Town of Brewster recognizes the need for a balanced approach to achieving a drug and Alcohol-free
workplace. The Town of Brewster offers the following resources in support of our employees:
1. Employee Education - To assist employees in understanding the problems and dangers associated
with substance abuse, and in an ongoing effort to prevent and eliminate substance abuse in the
workplace, The Town provides access to information, and referral resources for its employees
regarding substance abuse and the Policy.
2. Supervisory Training—Managers and supervisors will receive information and appropriate
training regarding their roles in connection with the Policy. Supervisors are responsible for
monitoring job performance and identifying patterns of job performance deterioration as they
develop.
IV. Prohibited Conduct
The Town of Brewster is concerned with those situations where the employees' use of Alcohol and/or drugs
interferes with their job performance, adversely affects the job performance and safety of other employees, or
may adversely impact the Town's ability to conduct business.
The following employee conduct is prohibited:
1. Use, possession, distribution, dispensation, sale or storage (including in a desk, locker, automobile, tool
box, lunch box, briefcase or other repository) of a Controlled Substance or intoxicants, and the use of
Alcohol, look alike drugs, designer drugs, and volatile substances while on the job, in Town-supplied
vehicles, in vehicles being used for the Town purposes, during working hours, or while representing the
Town in any manner, or on agency Property.
The possession of paraphernalia associated with the use of these substances is also a violation of this
policy.
2. `Being under the influence" of a Controlled Substance, Illegally Used Drug or Alcohol on Town
property, on Town business, in Town-supplied vehicles or vehicles being used for Town business or
during working hours, or while representing the Town of Brewster in any manner.
a. Being under the influence of Alcohol is defined as a Blood Alcohol Content (BAC) of.04% or
higher.
b. Being under the influence of a Controlled Substance or Illegally Used Drug is defined as a
verified positive drug test result.
Some drugs which are characteristic of illegal Controlled Substances include, but are not limited to,
Cannabis (Marijuana and derivatives), PCP, LSD, Mescaline, Cocaine, and other Hallucinogens, Heroin
and Designer Drugs.
Page 2 of 14
3. Employees who are convicted for off-the-job drug involvement may be considered to be in violation of
this policy. In deciding what action to take, management may take into consideration the nature of the
charges, the employee's present job assignment, the employee's record with the Town, and other factors
relative to the impact of the employee's conviction upon the Town's ability to conduct business as usual.
4. Using prescription drugs illegally. Employees' legal use of otherwise prescribed Controlled Substances
including, Stimulants (Methamphetamine, etc.), Depressants (Barbiturates, etc.), and Tranquilizers
(Valium, Librium, etc.) becomes illegal use when such Controlled Substances are not prescribed for
medical treatment by an accredited physician or when an employee takes excessive doses beyond the
prescribed dose. Nothing in this policy precludes the appropriate use of legally prescribed medications.
Employees who must take legal medication during the work day are responsible for their safekeeping.
Employees in safety-sensitive positions, as identified in Appendix D, should notify a supervisor or
manager of the use of a prescription or over-the-counter drug which may affect or alter the physical or
mental ability of the employee to conduct his or her job responsibilities. Employees must follow all
physician, manufacturer or package insert directions when taking an over-the-counter or prescription
drug safely.
5. Switching, adulterating or committing any other misconduct pertaining to any breath, blood or urine
sample.
6. Refusing to consent to testing or refusing to submit a breath, blood or urine sample for testing. The
following behavior constitutes a refusal or failure to take a test: refusal or failure to provide adequate
breath, saliva, or urine for testing without a valid medical explanation after having received notice of the
requirement for testing or without a genuine inability to provide a specimen; interfering with testing;
tampering with a specimen; not reporting to the collection site; leaving the scene of an accident without
submitting to a test and without providing an adequate explanation; or engaging in any other conduct
that clearly obstructs the testing process.
VI. Consequences of Violating This Policy
Violations of this policy may serve as the basis for referral to a substance abuse treatment program, referral for
criminal prosecution, and/or discipline, up to and including termination of employment.
The Town of Brewster generally will terminate the employment of employees who receive a verified positive
test result. The Town may at its discretion terminate the employment of an employee who receives a verified
positive test result but who is currently enrolled in a substance abuse program. The Town of Brewster will not
hire applicants who are seeking employment who have received a verified positive test result. The Town may
require an employee to enter into a return to work agreement following any counseling and/or treatment.
The Town of Brewster, in its sole discretion, may determine the appropriate response to be taken in any given
case.
VII. Reporting Criminal Activity
Page 3 of 14
All employees are expected to bring policy infractions associated with criminal activity to the attention of the
Town Administrator. When appropriate, the Town may report or refer violations of this policy to responsible
law enforcement.
VIII. Testing
The purpose of testing for Alcohol and other drugs is to prevent the hiring of individuals who illegally use
drugs, deter employees from abusing these drugs, and provide early identification and referral to treatment,
when appropriate within management's discretion, for certain employees with a substance abuse problem.
The Town of Brewster may test for drugs and/or Alcohol in the following circumstances:
• Reasonable Suspicion. Testing that is conducted when a manager or supervisor has a
reasonable suspicion of controlled substance and/or alcohol use. Reasonable suspicion
will be based on direct observation of an employee's appearance, conduct or behavior.
• Follow-up. Drug and Alcohol testing for employees who have violated the Town's
Policy, but who had the opportunity to keep their jobs conditioned on successful
rehabilitation and no further"positive"test results. Follow-up testing applies during a
one year period following the completion of the treatment program.
• Government Required Drug and/or Alcohol Testing. The Town of Brewster
institutes drug and/or alcohol tests when required by government regulation, such as the
regulations of the Department of Transportation (See Compliance Requirements for
Drivers below).
The Town of Brewster will test employees in Safety Sensitive Positions (listed in Appendix D) for drugs and/or
alcohol in accordance with the following:
• Post Offer, Pre-Employment. Testing that is conducted to prevent the hiring of
individuals who test positive for Alcohol, Controlled Substance, or Illegally Used Drugs
or who engage in any other prohibited conduct as defined in Section V. Applicants shall
be advised in connection with their application for employment that, once the Town
offers them a position, they will be required to submit to a drug screen within the 12 hour
period following the offer of employment. Failure to consent to such a screen or a
verified positive drug or alcohol test result will disqualify an applicant for employment.
The Town does not discriminate against qualified applicants for employment because of a
past history of substance abuse.
• Transfer to Safety Sensitive Position Drug Testing. Employees whom the Town
transfers from non-safety sensitive to Safety Sensitive Positions, as identified in
Appendix D, are required to submit to a drug test after receiving the transfer offer. If the
employee declines to take the test, the Town of Brewster will withdraw the transfer offer.
Page 4 of 14
• Post-Accident/Incident. Drug and Alcohol testing for employees who are involved in
on-the-job Accidents or near Accidents, or who engage in unsafe job-related activities
that pose a significant danger to themselves, other employees, or the public.
• Follow-up. (As per above.)
• Reasonable Suspicion. (As per above.)
• Government Required Drug and/or Alcohol Testing. (As per above.)
• Random. Unannounced drug testing for employees in Safety Sensitive Positions.
Random testing is an objective system which does not give the Town discretion to waive
the selection of any employee who has been randomly chosen.
IX. Testing Procedures
• All testing will be performed by an independent toxicology lab certified in accordance
with the Federal Department of Health and Human Services Guidelines to ensure proper
testing and appropriate chain-of-custody documentation.
• All initial screening presumptive positive test results will be retested by one alternate
confirmatory method by gas chromatography/mass spectrometry or an equally reliable
methodology. Only those samples which test positive on both the screen and the
confirmation test will be considered a"positive."
• The process will maintain individual privacy during the collection process and the
confidentiality of test results.
• Confirmed "positive"test results may receive a professional medical review, which
includes the opportunity for employees to explain the result, depending on the
employee's position.
X. Inspections
When the Town of Brewster has reasonable suspicion to believe that an employee may be in possession of
Alcohol, Controlled Substances or Drug Paraphernalia on Town Property, or in other cases when the Town
deems appropriate, the Town reserves the option to inspect all Town Property (including individual offices,
desks, lockers and other containers). In addition,the Town may request that the employee empty the contents
of his or her personal effects (such as lunch boxes, handbags, briefcases, packages and/or outer clothing), and
inspect Town vehicles, vehicles used for Town business, and/or personal vehicles on the Town's premises. The
Town may discipline an employee, up to and including termination of employment, for refusing to submit to an
inspection.
Page 5 of 14
XI. Reservation of Rights
The Town of Brewster reserves the right to interpret, change, or rescind this policy, in whole or in part, with or
without notice. This policy does not create a binding employment contract or modify an existing contract.
Compliance Reauirements For Drivers
Employees who operate commercial motor vehicles, who are required to have commercial drivers licenses,
and/or who may be required to drive a commercial motor vehicle at work(hereinafter referred to as "drivers")
are subject to the requirements below in addition to the prior provisions in the Policy which do not conflict with
this section.2 These requirements apply to employees who perform safety sensitive duties other than engaging in
the operation of commercial motor vehicles requiring a commercial driver's license (See Appendix D).
Prohibited Use
Drivers may not perform safety-sensitive functions within four hours after using alcohol or consume alcohol up
to eight(8) hours after a commercial motor vehicle Accident or until undergoing a post-accident test (whichever
occurs first).
Controlled Substance use is prohibited, unless such use is pursuant to the instructions of a licensed medical
practitioner.
Circumstances Reauirin2 Testing
The Town requires drivers to submit to Controlled Substances testing as a condition of continued employment.
The following tests are required:
2 The compliance requirements for drivers of commercial motor vehicles apply to drivers who operate a motor vehicle or combination
of motor vehicles used in commerce to transport passengers or property if the motor vehicle: (1)has a gross combination weight
rating of 11,794 or more kilograms(26,001 or more pounds)inclusive of a towed unit with a gross vehicle weight rating of more than
4,536 kilograms(10,000 pounds); or(2)has a gross vehicle weight rating of 11,794 or more kilograms(26,001 or more pounds); or
(3) is designed to transport 16 or more passengers,including the driver;or(4)is of any size and issued in the transportation of
materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle
to be placarded under the Hazardous Materials Regulations.
3 Safety-sensitive function means all time from the time a driver begins to work or is required to be in readiness to work until the time
he/she is relieved from work and all responsibility for performing work. Safety-sensitive functions shall include: (1)All time at a
Town or shipper plant,terminal,facility,or other property,or on any public property,waiting to be dispatched,unless the driver has
been relieved from duty by the Town; (2)All time inspecting equipment as required by the Federal Motor Carrier Safety Regulations
("FMCSR")or otherwise inspecting, servicing,or conditioning any commercial motor vehicle at any time; (3)All time spent at the
driving controls of a commercial motor vehicle in operation;(4)All time,other than driving time, in or upon any commercial motor
vehicle except time spent resting in a sleeper berth(a berth conforming to the requirements of the FMCSR); (5)All time loading or
unloading a vehicle, supervising, or assisting in the loading or unloading,attending a vehicle being loaded or unloaded,remaining in
readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and(6)All time repairing,
obtaining assistance,or remaining in attendance upon a disabled vehicle.
Page 6 of 14
1. Testing Prior To Driving-Prior to the first time a driver performs safety-sensitive functions,
including driving, for the Town, the driver must undergo testing for Controlled Substances. The
driver may not be required to undergo Controlled Substance testing if. (i) the driver has
participated in a drug testing program that meets the DOT requirements within the previous 30
days; and (ii) while participating in that program, the driver either was tested within the past six
months or participated in a random testing program during the previous 12 months and no prior
employer has any record of the driver violating a Controlled Substance use rule of any DOT
agency.
2. Random Testing—The Town will test drivers annually for Alcohol and Controlled Substances.
The random tests will be unannounced and the dates for administering such tests will be spread
reasonably throughout the calendar year. Each driver whom the Town notifies for selection for
random testing must proceed to the test site immediately.
Timing of Random Testing
A driver will be tested for Alcohol while the driver is performing safety-sensitive
functions,just before the driver is to perform safety-sensitive functions, or just after the
driver has ceased performing such functions.
3. Post Accident Testing- As soon as practicable following an Accident involving death, substantial
bodily injury to any person, disabling damage to one or more motor vehicles, or a citation under
state or local law for a moving traffic violation, the driver will undergo testing for Alcohol and
Controlled Substances.
Timing of Post-Accident Testing
Alcohol testing—The Town(or its Agent)will conduct a post-Accident Alcohol test
within two (2) hours following an Accident. If unable to do so, the Town will prepare
and maintain a record stating why the test was not promptly administered. If the Town
does not conduct the test within eight(8) hours, it will cease attempts to administer the
test.
Controlled Substances testing—The Town will conduct a post-Accident Controlled
Substances test within 32 hours following the Accident. If unable to do so, then the
Town will prepare and maintain a record stating why the test was not promptly
administered.
A driver who is subject to post-Accident testing shall remain readily available for such
testing. A driver will be deemed to have refused to submit to testing unless the driver
does not submit to testing because he or she requires immediate medical attention.
4. Reasonable Suspicion Testing- The Town of Brewster will conduct reasonable suspicion testing
when a driver's supervisor reasonably suspects that a driver is affected by Alcohol or a
Controlled Substance or has violated this policy. No driver shall report for duty or remain on
Page 7 of 14
duty requiring the performance of safety-sensitive functions unless the driver's Alcohol
concentration measures less than .02 and the driver's Controlled Substances test result is
negative.
The Town will consider a driver's appearance, behavior, speech, and body odor. The
observations will be made by a trained supervisor or agency official. Such observed conduct
may include slurred or other abnormal speech, irregular or unsteady gait, flushed or agitated
appearance, bloodshot eyes, dilated pupils, nonsensical or irrational behavior, or the smell of
marijuana and/or Alcohol.
Timing of Reasonable Suspicion Testiniz
The Town will conduct reasonable suspicion Alcohol testing based on observations
during,just preceding, or just after the period of the work day that the driver.
The Town will administer an Alcohol test within two (2) hours of the observation. If
unable to do so, then the Town will prepare and maintain a record as to why the test was
not promptly administered. If the test is not administered within eight (8)hours of the
observation, the Town will cease attempts to administer the test and prepare and maintain
a record as to why the test could not be administered.
5. Return-to-duty testing- Any driver removed from driving for violating this policy will be
retested prior to returning to driving duty.
6. Follow-up testing-A driver may be subject to unannounced follow-up testing as directed by a
substance abuse professional following a determination that a driver has a substance abuse
problem.
Timing of Follow-Up Testinia
The Town of Brewster will conduct such testing only when the driver is performing
safety-sensitive functions,just before the driver is to perform safety-sensitive functions,
or just after the driver has ceased performing safety-sensitive functions.
Testing Procedures
Same as Section IX above (page 5).
Refusal or Failure To Submit To Testing
The following behavior constitutes a refusal or failure to take a test: refusal or failure to provide adequate
breath, saliva, or urine for testing without a valid medical explanation after having received notice of the
requirement for testing or without a genuine inability to provide a specimen; interfering with testing; tampering
with a specimen; not reporting to the collection site; leaving the scene of an Accident without submitting to a
test and without providing an adequate explanation; or engaging in any other conduct that clearly obstructs the
Page 8 of 14
testing process. The Town shall not permit a driver who refuses to submit to testing to perform or continue to
perform safety sensitive functions and may, in its sole discretion, terminate the employee immediately.
Conseauences of Testinia Positive
Any driver, who, as a result of testing, tests positive as confirmed by a Medical Review Officer (MRO), will be
considered in violation of this policy and shall be terminated from his or her employment. In addition, no driver
who is found to have an Alcohol concentration of.02 or greater but less than .04 shall not perform or continue
to perform safety-sensitive functions until the start of the driver's next scheduled duty (but not less than 24
hours following a test).]
Record Retention and Test Results
The Town will maintain complete and confidential records in accordance with applicable law. Records shall
include all refusals or failures to test and all known reasons for such refusals or failures. Such records may be
made available to prospective employers only in accordance with applicable law.
A copy of test results will be provided to the driver tested upon written request to the Town Administrator.
Adopted this day of 92016
BREWSTER BOARD OF SELECTMEN
Benjamin deRuyter, Chair Patricia E. Hughes, Vice Chair
Peter G. Norton, Clerk James W. Foley
John T. Dickson
Page 9 of 14
APPENDIX A
DEFINITIONS
For purposes of this policy, the following definitions shall apply:
Accident/Incident- an unplanned, unexpected and unintended event causing or contributing to property
damage or personal injury which occurs on Agency Property, on Mass Development business, or during an
employee's working hours, or which involves motor vehicles or heavy equipment supplied by the Town of
Brewster or used for the Town purposes.
Alcohol- colorless, volatile and flammable liquid that is the intoxicating agent in fermented and distilled
liquors. It includes, but is not limited to, beer, wine and liquor. It does not include Alcohol used in chemical
processing, cleaning or testing unless it has been ingested by the employee.
Auencv Property - includes buildings, offices, warehouses, plants, facilities, land, equipment,vehicles which
are owned, leased or used for Town business,personal vehicles on Agency premises, and parking lots owned,
utilized or leased by the Town. It also includes any other site at which Town business is transacted whether on
or away from Town owned or leased property.
Controlled Substance - any drug included in Schedule I through V, as defined by Section 802(6) of Title 21 of
the United States Code 21 USC 802(6), (e.g., cocaine, marijuana, morphine the possession of which is unlawful
under Chapter 13 of that title). The term does not include the use of prescribed drugs which have been legally
obtained and are being used in the manner and for the purpose for which they were prescribed.
DruL,Paraphernalia—any item which is primarily intended or designed for use in the administering,
transferring, manufacturing or storing of a Controlled Substance and/or Illegally Used Drug.
Illeeally Used Drug—any prescribed drug which is legally obtainable but has not been legally obtained or is
not being used for prescribed purposes, all designer drugs, and any other over-the-counter or nondrug
substances (e.g. airplane glue) being used for other than their intended purposes or in accordance with their
accompanying instructions. (Note: A designer drug is a man-made drug, or combination of drugs, which is
similar in basic scientific properties to a Controlled Substance and is produced in a clandestine laboratory.)
Medical Review Officer(MRO) —an independent, licensed physician responsible for receiving laboratory
drug testing results. The MRO has knowledge of substance abuse disorders and appropriate medical training to
interpret and evaluate a positive test as it relates to the employee's medical history and other biomedical
information.
Page 10 of 14
Reasonable Suspicion of Drug and/or Alcohol Use
1) observable phenomena, such as direct observation of drug or Alcohol use, possession or
distribution and/or the physical symptoms of being under the influence of drugs and/or Alcohol,
and/or
2) a pattern of abnormal conduct, erratic or aberrant behavior or deteriorating work performance
including, but not limited to, frequent absenteeism, excessive tardiness, recurrent Accidents,
which appear to be related to substance abuse and do not appear to be attributable to other
factors; and/or
3) evidence that an employee has tampered with a drug/Alcohol test; and/or
4) repeated or flagrant violations of the Town's safety or work rules, which are determined by a
supervisor or manager to pose a substantial risk of physical injury or property damage and which
appear to be related to substance abuse and do not appear to be attributable to other factors;
and/or
5) reckless or risky behavior on the part of an employee which, in the opinion of a supervisor or
manager, may have caused or contributed to an Accident as defined above, and/or
6) conviction of any drug or Alcohol related offense or an arrest occurring in the workplace, while
conducting Town business or when representing the Town of Brewster in any manner.
7) arrest or indictment for any drug or Alcohol related offense occurring in the workplace, while
conducting Town of Brewster business, or representing the Town of Brewster in any manner,
when coupled with other conduct indicative of potential substance abuse such as items 1-5
above.
The above examples of Reasonable Suspicion of Drug and/or Alcohol Use are not all inclusive, but are
intended to be illustrative. The symptoms of being affected by drugs or Alcohol are not confined to
those consistent with misbehavior, nor to obvious impairment of physical or mental ability, such as
slurred speech or difficulty in maintaining balance. Although reasonable suspicion does not require
certainty, suspicion based upon mere rumor, speculation, or unsubstantiated information of third parties
shall not be sufficient to meet the standard of reasonable suspicion.
Safetv Sensitive Position—any job or position determined by the Town of Brewster to be accompanied by such
risk to health and safety based on the nature of the work involved that even a momentary lapse of attention
could have serious consequences to the employee, co-workers, customers, the Town or the general public. (See
Appendix D).
Under the Influence of a Controlled Substance,Illeaally Used Drug and/or Alcohol—the presence of a
measurable amount which is .04% or higher of Alcohol in the blood or breath, or a verified positive drug test
result for a Controlled Substance or an Illegally Used Drug.
Page 11 of 14
APPENDIX B
SUSBSTANCE ABUSE POLICY ACKNOWLEDGMENT FORM
I have received, read and acknowledged the terms and requirements of the Substance Abuse Policy of
The Town of Brewster("Policy"). I understand and acknowledge that I am required to follow the Policy. I also
understand that my failure to comply with the Policy may result in discipline, up to and including termination of
employment.
Date Employee's Signature
Employee's Name Printed
Page 12 of 14
APPENDIX C
SUBSTANCE ABUSE TESTING CONSENT FORM
I understand that the Substance Abuse Policy of the Town of Brewster establishes conditions under
which I may be required to undergo substance abuse testing. The Town of Brewster may require me to provide
breath, blood or urine samples for drug and/or Alcohol testing. Should this occur, I hereby consent to such
testing. I authorize the testing laboratory to release my test results to the Medical Review Officers (MRO)
and/or to designated supervisors and managers on a need-to-know basis.
If my test results are positive, I may be required to provide information about any legal nonprescription
drugs and other drugs for which I have a prescription that I take routinely or have taken within the last 30 days.
I understand that the Town may use such information in connection with Town business and for
purposes of employment and disciplinary actions, and disclose it in response to government agencies or other
valid legal requests, or legal proceedings.
I understand that any communication I have with collection site personnel, testing laboratories or
Medical Review Officers (MRO) does not create or imply any form of doctor/patient relationship.
I release The Town of Brewster, its employees, management, and its designated medical representatives
from any and all claims or causes of action related to such testing and any decisions based on the results of the
testing.
Date Employee's Signature
Town of Brewster Representative Employee's Name Printed
Page 13 of 14
APPENDIX D
LIST OF SAFETY SENSITIVE POSITIONS
A Safety Sensitive Position is any job position determined by the Town of Brewster to be accompanied by such
risk to health and safety based on the nature of the work involved that even a momentary lapse of attention
could have serious consequences to the employee, co-workers, customers, the Town of Brewster or the general
public.
The Town of Brewster deems the following positions to be Safety Sensitive Positions:
DPW Superintendent
Water Superintendent
DPW Foreman
Water Foreman
Water Treatment Operator
Cross Connection Surveyor& Tester
Master Mechanic, DPW
Master Mechanic Golf
Maintenance Mechanic DPW
Maintenance Mechanic Golf
Equipment Operator, DPW
Equipment Operator, Water Technician
Water System Maintenance Technician
Skilled Truck Driver/Laborer, A
Skilled Truck Driver/Laborer, B
Bus Driver
Page 14 of 14
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POLICYNO:
DATE ADOPTED:
AMENDED:
TOWN OF BREWSTER
ANTI-FRA UD POLICY
The Town recognizes the importance of protecting the Town, its operations, its citizens, its taxpayers, its
employees and its assets against financial risks and unethical activities. It is the policy of the Town to institute
and clearly communicate a fraud prevention policy in an effort to prevent and deter all forms of fraud that could
threaten the security of our assets and our reputation.
The Town has a Zero Tolerance policy with regard to fraud and is committed to undertake the following
steps as part of its anti-fraud policy:
1.Education
2.Prevention
3.Detection
4.Investigation
5.Corrective Action
Education
The most effective way to reach most employees is through education. Actively fighting fraud means
implementing policies and procedures that prevent and detect fraud. The Town's goal is to establish and
maintain an environment of fairness, ethics and honesty. To maintain such an environment requires the active
assistance of every employee, every day.
Definition of Fraud
Fraud is defined as a deception deliberately practiced to secure unfair or unlawful gain. The term
includes such acts as: bribery, deception, embezzlement, extortion, false representation, forgery, the
concealment of material facts, the misappropriation of money or assets and collusion or conspiracy to commit
any or all of the above acts. Acts of fraud may include:
• Breach of fiduciary duty;
• Bribery;
Page l of 3
• Concealment of material facts;
• Theft of money or physical property;
• Theft of secrets or intellectual property; and;
• Other statutory offenses.
Fraud
Fraud, as defined by this policy, includes any misuse or attempt to misuse a Town asset for personal gain
or purposes unrelated to Town business. It may include,but is not limited to:
Misappropriation of Assets
• Forgery, alteration or misappropriation of cash, checks, bank drafts, promissory notes, securities or any
other financial document
• Unauthorized use or disposition of funds or property
• Falsifying timesheets or payroll records
• Falsifying travel expenses and /or utilizing Town funds to pay for personal expenses or for personal
benefit
• Theft
• Embezzlement
• Fictitious reporting of receipt of funds
• Falsification of expenses and invoices
Profiteering
• Offering, giving, soliciting and/or accepting an inducement or reward that may improperly influence the
action of an employee of the Town and School Department.
Related Policies
This is a Town wide policy that is designed to augment Chapter 268A - "The Conflict of Interest Law".
It is not intended to replace or preclude it in any way.
Internal Controls/Investigations
The Town Administrator and Auditor or designee shall be responsible for developing internal controls to
aid in preventing and detecting fraud or financial impropriety or irregularity. Reports of suspected fraudulent
activities shall be investigated in a manner that protects the confidentiality of the parties and avoid unfounded
accusations. Employees involved in the investigation shall be advised to keep information about the
investigation confidential.
If a preliminary investigation substantiates occurrence of a fraudulent activity, the department head or
designee shall issue a report to the Town Administrator. Final disposition of the matter and any decision to file
a criminal complaint or refer the matter to the appropriate law enforcement and/or regulatory agency for
independent investigation shall be made in consultation with legal counsel. Results of the investigation shall not
be disclosed to or discussed with anyone other than those individuals with a legitimate need to know, or in
accordance with a requirement to disclose under the provisions of the Public Records Law.
General Policy and Responsibilities
The Town Administrator or his/her designee is responsible to investigate any suspected acts of fraud or
misappropriation of property. An objective investigation will be conducted of any person, group or organization
reasonably believed to have committed fraud, regardless of. position, job title, and length of service or
relationship with the Town. Department heads are responsible for instituting and maintaining programs and
Page 2 of 3
controls to prevent deter and detect fraud.
All Town employees, upon discovery of any violation of this policy, must notify his/her supervisor of the
violation through the normal chain of command.
The Town Administrator or his/her designee has the primary responsibility for overseeing the
investigation of all suspected fraudulent acts as defined in this policy. The Town Administrator will involve
such individuals, but not limited to: the Finance Director, Town Treasurer, Town Law Enforcement, Legal
Counsel and others deemed appropriate.
Upon conclusion of the investigation, the results will be reported to the Town Administrator or his/her
designee. If there are reasonable grounds to believe that a fraud may have occurred, the Town Administrator
may report the incident(s) to the appropriate authorities. Whatever action is taken by such appropriate
authorities will not preclude the Town from taking disciplinary action where it believes discipline is warranted.
Every reasonable effort will be pursued to recover Town assets.
Security of Evidence
Once a suspected fraud is reported, immediate action to prevent the theft, alteration, or destruction of
relevant records shall be initiated. The records will be adequately secured until the investigation is complete.
Confidentiality
All participants and all persons questioned in a fraud investigation will keep the details and results of the
investigation confidential so as not to violate an individual's expectation of privacy.
Personnel Actions
If a suspicion of fraud is substantiated by the investigation the Town Administrator shall take
disciplinary action, up to and including dismissal and appropriate legal action. Such disciplinary action may be
taken independent of any findings and conclusions reached by any appropriate authority to which the fraud
allegations are reported.
If an allegation is made in good faith, but it is not confirmed by the investigation, no action will be taken
against the originator. If however, the allegation was made in bad faith or without a justifiable basis, appropriate
disciplinary action may be taken against the individual making the erroneous allegation up to and including
termination.
Adopted this day of , 2016
BREWSTER BOARD OF SELECTMEN
Benjamin deRuyter, Chair Patricia E. Hughes, Vice Chair
Peter G.Norton, Clerk James W. Foley
John T. Dickson
Page 3 of 3
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POLICYNO:
DATE ADOPTED:
AMENDED:
TOWN OF BREWSTER
HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT (HIPPA)
COMPLIANCE POLICY
A. The Town will comply with the Privacy Regulations of the federal Health Insurance
Portability and Accountability Act(HIPAA) of 1996. The Town shall limit the use of and access
to Protected Health Information which is held by the Town or its lawful agents. Protected Health
Information is any written, oral or electronic form of information relating to a person's past,
present or future health condition, delivery or payment of health services that identifies an
individual or where there is a reasonable basis to believe the information could be used to
identify an individual. Administrative, technical and physical safeguards established to limit use
and access to protected health information are stated as an integral part of this policy, established
as part of daily operating procedures and will be maintained by all responsible staff and
representatives of lawful agents and business associates of the Town.
B. To assure this commitment to compliance the Town Administrator designates the Town
Treasurer as the Privacy Contact who shall have the responsibility:
1. To ensure that the Town Administrator is kept informed of all changes, updates, requirements,
responsibilities, claims, etc. concerning the HIPAA privacy regulations;
2. To ensure that documentation of the Town's efforts to comply with HIPAA privacy regulations is
maintained;
3. To ensure that the Town's group health plan subscribers are sent privacy notices and new
enrollees receive said notices;
4. To ensure that any protected health information disclosures are tracked;
5. To ensure that authorizations for disclosure and use of protected health information are properly
processed;
6. To resolve complaints from participants about possible privacy violations;
7. To ensure that appropriate Town liaisons are maintained with the group health insurance
program third party administrator, relevant business associates, and health insurance carriers,
communicating the Town's commitment and securing the commitment of these entities to the
privacy and security of protected health information;
8. To ensure that all required authorizations, agreements, etc. relative to the protected health
information of group health insurance program participants are maintained; and
9. To monitor the Town's compliance with HIPAA privacy regulations on a regular basis.
C. Only those Town officials with a legitimate business purpose and bona fide need to know
may be given access to protected health information in order to legally perform the position
duties and administer the program.
D. As an employer, the Town may use protected health information in its possession without
specific authorization from the employee for treatment, payment, quality assessment, medical
review and auditing, studies to improve the group's health care quality or reduce health care
costs, compiling civil/criminal proceedings, and any other use required by law for public health,
communicable disease, abuse or neglect, or food and drug administration purposes.
E. Information which is normally maintained in the employment record which is not
classified as protected health information includes all forms, responses, inquiries and data
relative to the Family Medical Leave Act, drug screenings, fitness for duty, workers
compensation, disability, life insurance, the Occupational Safety and Health Act and sick leave.
F. Protected employee health information may be released for other purposes only by the
employee's authorization. The use and/or disclosure of protected health information is limited to
the specific information for the specific purpose, to and from the specific individual and/or entity
for a specific time period as delineated by the employee's authorization. Group health insurance
program participants are allowed to review their protected health information that is held by the
Town and to correct errors.
G. The Town separates protected health information from the employment record and
retains such information in a locked file accessible only to authorized personnel. All entities
which could receive protected health information(third party administrator, ambulance billing
company, fully insured plan providers, legal counsel, actuaries and consultants) must enter into a
business associate agreement with the Town committing to compliance with the HIPAA Privacy
Regulations and providing satisfactory assurances that the business associate will appropriately
safeguard the protected health information.
H. Participants that believe they have been aggrieved by the use or disclosure of protected
health information may file a written grievance with the Privacy Contact within sixty (60)
calendar days of the use or disclosure of the protected health information or within fifteen (15)
calendar days of their knowledge of said use or disclosure. The grievance must delineate the
specifics of the complaint, including but not limited to:
1. What unauthorized protected health information was released;
2. Who received the protected health information and/or is knowledgeable of the protected health
information;
3. When was the protected health information released and/or when did the complainant become
aware of the unauthorized knowledge of the protected health information; and
4. What was the result of the release of the unauthorized protected health information.
I. The Privacy Contact will meet with the complainant as soon as possible after the receipt
of the grievance. During this meeting the Privacy Contact will discuss the issue brought forward
with the complainant. The Privacy Contact will investigate the allegations of the complaint with
the full support and assistance of Town management and, if necessary, legal counsel. The
Privacy Contact will provide a written report of his/her findings and recommended action, if
warranted, to the Town Administrator and the complainant within thirty (30) calendar days from
the date of the meeting with the complainant. If for some reason the Privacy Contact is unable to
conduct this meeting and/or investigation the Town Administrator shall appoint an alternate
senior manager to perform these duties.
J. Complainants may also contact the Federal Department of Health and Human Services
for assistance.
K. The Town will comply with the Privacy Regulations established by the Federal
Government and requires its employees to observe and comply with this policy and the use of the
proper procedures and policy documents. Employees found to have breached protected health
information security will be subject to disciplinary action, up to and including termination.
Adopted this day of , 2016
BREWSTER BOARD OF SELECTMEN
Benjamin deRuyter, Chair Patricia E. Hughes, Vice Chair
Peter G.Norton, Clerk James W. Foley
John T. Dickson
Town of Brewster Health Plans
Notice of Privacy Practices under Health Insurance
Portability and Accountability Act (HIPAA)
Your Information. Your Rights. Our Responsibilities.
This notice describes how medical information about you may be used and disclosed and how you can get
access to this information. Please review it carefully.
Your Rights
You have the right to:
• Get a copy of your health and claims records
• Correct your health and claims records
• Request confidential communication
• Ask us to limit the information we share
• Get a list of those with whom we've shared your information
• Get a copy of this privacy notice
• Choose someone to act for you
• File a complaint if you believe your privacy rights have been violated
Your Choices
You have some choices in the way that we use and share information as we:
• Answer coverage questions from your family and friends
® Provide disaster relief
• Market our services and sell your information
Our Uses and Disclosures
We may use and share your information as we:
• Help manage the health care treatment you receive
• Run our organization
• Pay for your health services
• Administeryour health plan
• Help with public health and safety issues
• Do research
• Comply with the law
• Respond to organ and tissue donation requests and work with a medical examiner or funeral
director
• Address workers' compensation, law enforcement, and other government requests
• Respond to lawsuits and legal actions
Your Rights
When it comes to your health information,you have certain rights.This section explains your rights and
some of our responsibilities to help you.
Get a copy of health and claims records
• You can ask to see or get a copy of your health and claims records and other health information we
have about you.Ask us how to do this.
We will provide a copy or a summary of your health and claims records, usually within 30 days of
your request. We may charge a reasonable,cost-based fee.
Ask us to correct health and claims records
• You can ask us to correct your health and claims records if you think they are incorrect or
incomplete. Ask us how to do this.
• We may say"no" to your request, but we'll tell you why in writing within 60 days.
Request confidential communications
• You can ask us to contact you in a specific way(for example, home or office phone) or to send mail
to a different address.
• We will consider all reasonable requests, and must say "yes" if you tell us you would be in danger if
we do not.
Ask us to limit what we use or share
• You can ask us not to use or share certain health information for treatment, payment, or our
operations.
• We are not required to agree to your request, and we may say"no" if it would affect your care.
Get a list of those with whom we've shared information
• You can ask for a list(accounting) of the times we've shared your health information for six years
prior to the date you ask, who we shared it with,and why.
• We will include all the disclosures except for those about treatment, payment, and health care
operations, and certain other disclosures(such as any you asked us to make). We'll provide one
accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one
within 12 months.
Get a copy of this privacy notice
You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice
electronically.We will provide you with a paper copy promptly.
Choose someone to act for you
• If you have given someone medical power of attorney or if someone is your legal guardian,that
person can exercise your rights and make choices about your health information.
• We will make sure the person has this authority and can act for you before we take any action.
File a complaint if you feel your rights are violated
• You can complain if you feel we have violated your rights by contacting us using the information on
page 1.
• You can file a complaint with the U.S. Department of Health and Human Services Office for Civil
Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-
877-696-6775,or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.
• We will not retaliate against you for filing a complaint.
Your Choices
For certain health information,you can tell us your choices about what we share. If you have a clear
preference for how we share your information in the situations described below,talk to us.Tell us what
you want us to do,and we will follow your instructions.
In these cases,you have both the right and choice to tell us to:
• Share information with your family, close friends, or others involved in payment for your care
• Share information in a disaster relief situation
!f you are not able to tell us your preference,for example if you are unconscious, we may go ahead and
share your information if we believe it is in your best interest. We may also share your information when
needed to lessen a serious and imminent threat to health or safety.
In these cases we never share your information unless you give us written permission:
• Marketing purposes
• Sale of your information
Our Uses and Disclosures
How do we typically use or share your health information?
We typically use or share your health information in the following ways.
Help manage the health care treatment you receive
We can use your health information and share it with professionals who are treating you.
Example:A doctor sends us information about your diagnosis and treatment plan so we can arrange
additional services.
Run our organization
• We can use and disclose your information to run our organization and contact you when necessary.
• We are not allowed to use genetic information to decide whether we will give you coverage and
the price of that coverage.This does not apply to long term care plans.
Example: We use health information about you to develop better services for you.
Pay for your health services
We can use and disclose your health information as we pay for your health services.
Example: We share information about you with your dental plan to coordinate payment for your dental
work.
Administer your plan
We may disclose your health information to your health plan sponsor for plan administration.
Example: Your company contracts with us to provide a health plan, and we provide your company with
certain statistics to explain the premiums we charge.
How else can we use or share your health information?
We are allowed or required to share your information in other ways—usually in ways that contribute to the
public good, such as public health and research. We have to meet many conditions in the law before we can
share your information for these purposes. For more information see:
www.hhs.Rov(ocrlprivacy/hipaa/understanding/consumers/index.html.
Help with public health and safety issues
We can share health information about you for certain situations such as:
• Preventing disease
• Helping with product recalls
• Reporting adverse reactions to medications
• Reporting suspected abuse, neglect, or domestic violence
• Preventing or reducing a serious threat to anyone's health or safety
Do research
We can use or share your information for health research.
Comply with the law
We will share information about you if state or federal laws require it, including with the Department of
Health and Human Services if it wants to see that we're complying with federal privacy law.
Respond to organ and tissue donation requests and work with a medical examiner or funeral director
• We can share health information about you with organ procurement organizations.
• We can share health information with a coroner, medical examiner, or funeral director when an
individual dies.
Address workers' compensation, law enforcement, and other government requests
We can use or share health information about you:
• For workers' compensation claims
• For law enforcement purposes or with a law enforcement official
• With health oversight agencies for activities authorized by law
• For special government functions such as military, national security,and presidential protective
services
Respond to lawsuits and legal actions
We can share health information about you in response to a court or administrative order, or in
response to a subpoena.
Our Responsibilities
• We are required by law to maintain the privacy and security of your protected health information.
• We will let you know promptly if a breach occurs that may have compromised the privacy or
security of your information.
We must follow the duties and privacy practices described in this notice and give you a copy of it.
• We will not use or share your information other than as described here unless you tell us we can in
writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you
change your mind.
For more information see: www.hhs. ov ocr privacv/hipaa/understandine/consumers/noticeop.html.
Changes to the Terms of this Notice
We can change the terms of this notice, and the changes will apply to all information we have about you.
The new notice will be available upon request and we will mail a copy to you.
October 7, 2013
Lisa L.Vitale,Treasurer/Collector,Town of Brewster, 2198 Main Street, Brewster, MA 02631
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POLICY NO:
DATE ADOPTED:
AMENDED:
TOWN OF BREWSTER
WHISTLEBLOWER PROTECTION POLICY
A. This policy is adopted pursuant to and in accordance with the Massachusetts
Whistleblower Protection Act, 1992, Massachusetts General Laws, Chapter 149 (the "Act") and
is designed specifically to protect such conduct and provide such remedies as are set forth in the
Act. It is the policy of the Town:
1. To encourage the reporting by its employees of improper governmental action
taken by Town officers or employees; and
2. To protect Town employees who have reported improper government actions in
accordance with this policy.
B. The Town encourages the reporting of improper governmental action taken by any Town
officers or employees and the reporting of retaliatory actions for such reporting. The Town
encourages initial reporting to the Town Administration to allow for expeditious resolution of all
such matters and to minimize any adverse impacts of the improper action. This policy states the
Town's procedures for reporting improper governmental action and for protecting employees
against retaliatory actions.
C. Town employees who obtain knowledge of facts demonstrating improper governmental
actions shall raise the issue first with their department head, the Town Administrator or the
appropriate governmental agency responsible for investigating such improper action.The
employee shall submit a written report to the Town stating in detail the basis for the employee's
belief that an improper governmental action has occurred.
Page 1 of 3
D. In instances where allegations could involve an employee's department head, or the Town
Administrator, an employee may report the improper governmental action directly to a person or
entity that is not the person's department head, the Town Administrator, or other governmental
agency. In all other cases, the employee must first follow the reporting procedure outlined above.
E. An employee is not required to comply with the above procedure if he/she:
1. Is reasonably certain that the activity,policy, or practice is known to one or more
supervisors of the Town and the situation is urgent, time- or safety-sensitive in nature
(meaning lapse of time would jeopardize safety or cause potentially irreparable harm);
2. Reasonably fears physical harm as a result of the disclosure provided; or
3. Makes the disclosure to a public body for the purpose of providing evidence of
what the employee reasonably believes to be a crime.
F. Town employees who fail to make a good-faith attempt to follow this policy in reporting
improper governmental action shall not receive the protections provided under this policy or the
Act. Employees who make false reports may be subject to the disciplinary action up to and
including termination.
G. The department head or the Town Administrator shall take prompt action to assist the
Town in properly investigating the report of improper governmental action. Town officials,
department heads and employees involved in the investigation shall keep the identity of reporting
employees confidential to the extent possible under the law, unless the employee authorizes the
disclosure of his or her identity in writing. After an investigation has been completed, the
employee reporting the improper governmental action shall be advised of the summary of the
results of the investigation. Personnel actions taken as a result of the investigation may be kept
confidential.
H. Town officials, department heads and employees are prohibited from taking retaliatory
action against the Town employee because he or she has in good faith reported an improper
governmental action in accordance with this policy.
I. Employees who believe that they have been retaliated against for reporting an improper
governmental action should advise their department head and the Town Administrator. Town
officials and department heads shall take appropriate action to investigate and address complaints
of retaliation. If the department head or the Town Administrator does not satisfactorily resolve an
employee's complaint that he or she has been retaliated against in violation of this policy,the
employee, in accordance with the Act, may, within two years, institute a civil action in the
superior court. Any party to said action shall be entitled to claim a jury trial. All remedies
available in common law tort actions shall be made available to prevailing plaintiffs. These
remedies are in addition to any legal or equitable relief provided herein.
J. The Town Administrator is responsible for implementing the Town's policies and
procedures: (1) for reporting improper governmental actions, and (2) for protecting employees
Page 2 of 3
against retaliatory actions. Town officials and department heads are responsible for insuring that
this policy is fully implemented within their areas of responsibility. Violations of this policy may
result in appropriate disciplinary action, up to and including termination.
Adopted this day of , 2016
BREWSTER BOARD OF SELECTMEN
Benjamin deRuyter, Chair Patricia E. Hughes, Vice Chair
Peter G.Norton, Clerk James W. Foley
John T. Dickson
Page 3 of 3
Town of Brewster
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TOWN OF BREWSTER
WORKPLACE VIOLENCE PREVENTION POLICY
Purpose:
The Town of Brewster intends to provide a professional environment that is free of violence,
threats of violence, harassment, intimidation or other disruptive behavior by establishing preventative
measures,providing training and education, providing assistance and support to those who have been
exposed to workplace violence, and holding those responsible for workplace violence. It is intended that
all management tools be employed to accomplish the goal of avoiding or at the very least reducing the
effect of workplace violence on the victim(s) and providing consequences to those who commit
workplace violence. Management will utilize available resources such as the Town's Employee
Assistance Program, law enforcement, and all applicable personnel policies and procedures to
accomplish these goals.
Policy:
The Town maintains a zero tolerance policy toward workplace violence or the threat of violence
by or against any of its employees,elected or appointed officials, volunteers working for the Town,
customers, the general public, and/or anyone who conducts business with the Town. It is the intent of
the Town to provide a safe, healthy workplace, which is free of violence, threats of violence, harassment,
intimidation or other disruptive behavior.
The best way to prevent workplace violence is to raise the awareness of all employees, and
encourage early reporting and resolution of problem behavior before it escalates into violence. All
employees are responsible for helping maintain a violence-free workplace. To that end, each employee
is required to govern themselves accordingly. In addition, any employee experiencing or witnessing an
act of violence is strongly encouraged to report it to their immediate supervisor and/or the Town
Administrator.
Page I of 5
Each act or threat of violence will be investigated, and appropriate action will be taken. Any
such act or threat may lead to discipline, up to and including termination.
Definitions:
Workplace violence is any act committed by or against an employee or other affected individual within
the context of that individual's involvement with the Town, that creates a hostile work environment and
negatively affects the individual, either physically or psychologically and includes, but is not limited to
harassment, stalking, coercion, intimidation, threats, physical attack, or property damage.
An emplovee or other affected individual refers to any individual who serves in the capacity of an
elected official, appointed member to a board, commission or committee, volunteer working for the
Town, employee of the Town, consultant or contractor retained by the Town,or visitor who is engaged
in some form of business or activity with the Town.
Harassment is behavior that intimidates, disturbs, upsets or threatens a person.
Intimidation is an act intended to frighten, coerce or induce duress or fear.
A threat is the expression of an intent to cause physical or mental harm regardless of whether the person
communicating the threat has the present ability to carry out the threat and regardless of whether the
threat is contingent, conditional or future. A threat of violence includes, but is not limited to any act of
physical aggression, any verbal or written statements, harassing telephone calls, harassing email
messages, gestures, expressions, or behaviors such as stalking that could be perceived as an intention to
cause physical or mental harm to any employee or other affected individual.
Phvsical attack is intentional, unwanted hostile physical contact with another person such as hitting,
fighting, pushing, shoving, sexual assault, assault with a weapon or other device used as a weapon, or
throwing objects.
Propertv damage is intentional damage to property, which includes property owned by the Town,
elected officials, appointed board, commission, or committee members, employees, volunteers, visitors,
vendors, consultants, or contractors.
Weapons are defined to include all devices that are intended to threaten, inflict harm, injury or death to
an individual, such as, but are not necessarily limited to, firearms, knives, throwing devices, chemical
and inert sprays or agents, stun guns, clubs, or types of devices that are designed to discharge some type
of projectile, as well as any other type of device used to inflict injury to another individual, or to threaten
to do so.
Workplace Violence Takes Several Forms:
• Violence by strangers—involves verbal threats, threatening behavior or physical assaults by an
assailant who has no legitimate business relationship with the Town.
• Violence by customers—the assailant who is doing business with the Town.
• Violence by co-workers—the assailant has some employment related involvement with the
workplace such as former employee, co-worker, administrator, or board member.
• Violence by personal relationship—including spouse, partner, former spouse, former partner,
friend, acquaintance.
Page 2 of 5
Prevention of Workplace Violence:
The Town subscribes to the concept of a safe work environment and supports the prevention of
workplace violence. Prevention efforts include, but are not limited to informing employees of this
policy, instructing employees regarding the dangers of workplace violence, communicating the sanctions
imposed for violating this policy, and providing a reporting hierarchy within to report incidents of
violence without fear of reprisal.
Procedure for Reporting Threat:
Each incident of violent behavior, whether the incident is committed by another employee or an
external individual such as a customer, vendor, or citizen, must be reported to the Department Head and
the Town Administrator. The Town Administrator will work with the Department Head and the Chief
of Police to assess and investigate the incident and determine the appropriate action to be taken. The
Town Administrator will inform the victim of his/her right to have the Police Department notified.
In critical incidents in which serious threat or injury occurs, emergency responders such as
Police, Fire and/or Ambulance personnel must be promptly notified. As necessitated by the seriousness
of the incident,the Town Administrator may assemble a Response Team consisting of staff from the
affected Department, Town Staff, Town Administrator, Police, Town Counsel/Labor Council and may
include the Employee Assistance Program, Emergency Response, and others as deemed necessary.
The Response Team is responsible for establishing the protocol in the event of a threat or violent
incident that may include but is not limited to:
• Evaluating the potential violence problems;
• Assessing an employee's fitness for duty (through mental health professionals);
• Establishing a plan for the protection of co-workers and other potential targets;
• Coordinating with affected parties such as victims, families, employees, media, or law
enforcement personnel;
• Referring victims to appropriate assistance and community service programs; and
• Assuring that immediate (within 24 hours) and on-going counseling is available to traumatized
individual.
Any employee who acts in good faith by reporting real or implied violent behavior will not be
subjected to any form of retaliation or harassment. Any action of this type resulting from a report of
violence must be reported to the appropriate management staff for investigation and decision regarding
proper action.
Employees who report incidents of workplace violence may request to do so confidentially. Such
requests will be honored to the degree reasonable under the circumstances; however, there is no
guarantee of complete confidentiality. The Town shall be sensitive to the employee's fear of reprisal.
Information will be released only on a need-to-know basis in order to thoroughly investigate and resolve
the matter. The identity of the individual making the report will be protected as much as is practical.
Page 3 of 5
It is a violation of this policy to engage in any act of workplace violence. Any employee who has
been determined to be in violation of this policy will be subject to disciplinary action up to and including
termination and, depending upon the violent act, may be subject to criminal sanctions.
Should an employee commit an act of violence and it is determined in the investigation that the
employee did in fact, commit the violent act, s/he may be referred to the EAP by the Town
Administrator. In these cases, failure by the employee to keep the initial appointment with the EAP and
follow through with the prescribed program will result in disciplinary action including termination of
employment.
Should an employee become the victim of an incident of workplace violence, the Department
Head or the Town Administrator may offer additional referral services to assist in coping with any
effects of the incident.
Authorized Exceptions to Weapons:
An employee may only possess a weapon during the course of working hours under the following
circumstances:
Used by a sworn police officer of the Brewster Police Department in the line of duty.
Required as a part of the employee's job duties with the Town of Brewster.
In compliance with Massachusetts General Laws and specific written authorization by the Board
of Selectmen and the Town Administrator where the employee has a demonstrated need to possess a
weapon while at work. Prior to an authorization being granted the Chief of Police will be notified as to
the request. If a request is granted, the Chief of Police will be notified in writing prior to authorization.
This permission will be granted for a specific period of time and will be subject to reassessment
on a periodic basis.
All municipal employees, except sworn police officers and the animal control officer, who are
seeking to possess a weapon in the workplace, must demonstrate the need and obtain written permission,
which is to be filed in the employee's personnel file.
Violations:
Any violation of this policy will result in disciplinary measures, up to and including termination
of employment and, depending upon the violent act, may be subject to criminal sanctions.
Employees are strongly encouraged to immediately report any violation of this policy to his or
her immediate supervisor or the Assistant Town Administrator.
All reported violations of this policy will be investigated by the Town and/or the appropriate
authority.
Inspections:
Town property furnished to anyone covered by this policy is subject to inspection with or without
notice. This includes, but is not limited to, desks, telephones, cell phones, computers, lockers, vehicles,
etc. The Town also reserves the right to enter or inspect work areas.
Page 4 of 5
Questions:
If you have any questions regarding this policy, please contact the Town Administrator.
THE TOWN RESERVES THE RIGHT TO AMEND, REVOKE, SUSPEND, TERMINATE, OR ALTER
ANY OR ALL PARTS OF THIS POLICY AT ANY TIME WITHOUT PRIOR NOTICE. EMPLOYEES
ARE ADVISED THAT CERTAIN VIOLATIONS OF THIS POLICY MAY ALSO CONSTITUTE A
VIOLATION OF STATE OR FEDERAL LAW.
Adopted this day of ,2016
BREWSTER BOARD OF SELECTMEN
Benjamin deRuyter, Chair Patricia E. Hughes, Vice Chair
Peter G. Norton, Clerk James W. Foley
John T. Dickson
Page 5 of 5
Jyy
Susan Broderick
From: Paul Snyder <psnyder214@gmail.com>
Sent: Thursday, March 24, 2016 3:46 PM
To: Susan Broderick
Subject: ZBA Fee Refund Request
Attachments: Brewster Bd of Selectmen 3-24-16.docx
Sue -
As you know, Marilyn Mooers suggested that I write to you, and to the Board of Selectmen directly, to request
a refund of the fee I paid in January with my application for a zoning variance. Because the Zoning Board of
Appeals determined that I do not need a variance for the proposed building plan changes, I hope this request is
in order. A letter to the Board of Selectmen formally asking for a refund is attached.
Thanks very much for your help and if you should need any additional information please let me know.
Take care and Happy Easter,
Paul Snyder
i
Town of Brewster
Board of Selectmen
2198 Main Street
Brewster, Ma. 02631
March 24, 2016
Board of Selectmen:
I am writing to request a refund of the fee I recently paid to the Zoning Board of Appeals along with my
application for a zoning variance. My application was considered by the Board during its monthly
meeting on March 8.
At the hearing the Chairman concluded, and the members of the Board agreed,that there was no need
for a variance and that in accordance with Brewster Bylaw 179-25,Table 2, Note 6, 1 should be "allowed
by right" to proceed with the building plan changes as proposed. The Chairman directed that I resolve
the plan changes with the Building Department and that as long as I was able to do that I could proceed.
Because of the Board's actions and determination that a variance in my case was not necessary, I would
like to ask that the fee paid with my application now be refunded.
Thank you for your consideration of this request.
Sincerely,
Paul M.Snyder
28 Breezy Meadow Lane
Brewster. Ma. 02631
Susan Broderick
From: James Jones
Sent: Friday, March 25, 2016 3:30 PM
To: Susan Broderick
Cc: Patrick Ellis
Subject: FW:Water gun trailer
Attachments: IMG_0231.JPG; ATT00001.txt;IMG_0232.JPG;ATT00002.txt;IMG_0233.JPG;ATT00003.txt
Susan,
Here's another piece of equipment for the surplus list.This is an irrigation water cannon for lack of a better name. 1
believe it came from the Eddy School and Barry say's they no longer have any use for it. It is attached to a old trailer and
we would like to surplus or dispose because we need the storage area. I unfortunately don't have any idea about where
the title is or if it has one at all. Maybe if purchased off Gov.Bids we could list it as a homemade trailer. Let me know if
you need anything else.
Thanks,Jim
-----Original Message-----
From:James Jones
Sent: Friday, March 25, 2016 3:15 PM
To:James Jones
Subject:Water gun trailer
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2198 Main Street Board of ectmen
Town Administrator
110 Brewster, MA 02631-1898
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PUBLIC BEACH ACCESS PERMIT REQUEST—
Permit requests for the use of Town Landings by private entities for staging and or access to
undertake construction activities on private waterfront properties shall be submitted to the Town
Administrator's Office (2198 Main St, Brewster MA 02631 or by fax to 508-896-8089) a minimum
of 21 days Drior to the commencement of the requested access. Under no circumstance does
permission for use of Town Landings imply authorization to cross over private property between the
landing and the work site. Access permission is granted on a I" come basis, „with Only one
contractor allowed use of the site at any given time. No construction activities shall be allowed
between May 1 and Columbus Day. The following information is required:
Name of Public Beach where access is requested
Name of Entity requesting access
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Address of entity requesting access
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Contact person for Contractor(s)performing work
Cell phone#for conta t person and Contractor(s)performing work
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Address of Contractor(s)performing work
MA
Attach a list of owners and addresses of all abutting properties that will be traversed during the
construction activities and written certification that the owners have been notified of this application.
Owner of property where work will be done
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Address of property O er where work will be done
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it Office of:
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3 0 1 Brewster MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
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Contact information for owner of property where work will be performed
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Site where work to be done(Map& Lot as well as Street Address—Attach Map w/Lot indicated)
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Local DEP &Conservation Permit Number
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Please attach a description of proposed work
If vehicles, equipment and/or materials are to be stored on public property over night,please attach
a list the materials and/or equipment with any vehicle registration numbers.
Estimated duration of work
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Proposed start and finish dates
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Selectmen's assigned time frame for permission (to be verified by staff)
Deadline for completion of work(to be verified by staff)
Deadline for Contractor's clean up of site(to be verified by staff)
Attach conies
Certificate of Insurance
Performance Bond or Bank Check for deposit minimum$10,000(Breakwater&Ellis Landing
require a minimum$20,000) (Funds will be returned after successful completion of work.)
Receipts of sand delivery showing amount(s) and source(s) of the material.
This approval is only valid if signed by representatives from ALL 3 departments:
Selectmen's Office Conservation Department Dept of Public Works
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Permit:SE 9-1591
Project Location: 257 Crocker Lane, Map 69 Lot 4
Project Description:
The homeowner is having the contractor place approximately 30 cubic yards of sand to replace sand lost
over the 2015-2016 winter season. Heavy equipment will traverse from Breakwater Landing to the
homeowner's property to deliver and place sand.The project will take two to three days.
�,�aa\�unpll�Wr1s��
Office of:
ao� �����•.;�� Town of Brewster
a , •, Board of Selectmen
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Town Administrator
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Phone: (508)896-3701
Fax: (508)896-8089
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PUBLIC BEACH ACCESS PERMIT REQUEST—
Permit requests for the use of Town Landings by private entities for staging and or access to
undertake construction activities on private waterfront properties shall be submitted to the Town
Administrator's Office (2198 Main St, Brewster MA 02631 or by fax to 508-896-8089) a minimum
of 21 days vrior to the commencement of the requested access. Under no circumstance does
permission for use of Town Landings imply authorization to cross over private property between the
landing and the work site. Access permission is granted on a 1" come basis, with only one
contractor allowed use of the site at any given time. No construction activities shall be allowed
between May 1 and Columbus Day.The following information is required:
Name of Public Beach where access is requested
Name of Entity requesting access
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Address of entity requesting access
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Address of Contractor(s)performing work
Attach a list of owners and addresses of all abutting properties that will be traversed during the
construction activities and written certification that the owners have been notified of this application.
Owner of property where work will be done
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Address of property owner where work will be done
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2198 Main Street Town Administrator
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Phone: (508) 896-3701
Fax: (508) 896-8089
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Contact information for owner of property where work will be performed
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Local DEP &Conservation Permit Number
53, E 5q (P
Please-attach.�_descript on„of_proposed work
If vehicles, equipment and/or materials areto be stored on public property over night,please attach
a list the materials and/or equipment with any vehicle registration numbers.
Estimated duration of work
3 � �� s
Proposed start and finish dates
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Selectmen's assigned tune frame for permission(to be verified by staff)
Deadline for completion of work(to be verified by staff)
Deadline for Contractor's clean up of site(to be verified by staff)
Attach copies
Certificate of Insurance
Performance Bond or Bank Check for deposit minimum$10,000(Breakwater&Ellis Landing
require a minimum$20,000) (Funds will be returned after successful completion of work.)
Receipts of sand delivery showing ainount(s) and source(s)of the material.
This approval is only valid if signed by representatives from ALL 3 departments:
Selectmen's Office Conservation Department Dept of Public Works
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Permit:SE 9-1596
Project Location: 267 Crocker Lane, Map 69 Lot 5
Project Description:
The homeowner is having the contractor place approximately 35 cubic yards of sand to replace sand lost
over the 2015-2016 winter season. Heavy equipment will traverse from Breakwater Landing to the
homeowner's property to deliver and place sand.The project will take two to three days.
106a\\'O ft ewa tulG T/ ,%,
as .< ��5:;, F,p o '�'®�i n ®f Brewster Office of:
o�° '•� ` Board of Selectmen
2198 Main Street Town Administrator
ED m Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
COMP
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PUBLIC BEACH ACCESS PERMIT REQUEST—
Permit requests for the use of Town Landings by private entities for staging and or access to
undertake construction activities on private waterfront properties shall be submitted to the Town
Administrator's Office (2198 Main St, Brewster MA 02631 or by fax to 508-896-8089) a minimum
of 21 days prior to the commencement of the requested access. Under no circumstance does
permission for use of Town Landings imply authorization to cross over private property between the
landing and the work site. Access permission is granted on a 1s1 come basis,-1---1 with only one
_...... ......... .. . .._._....... .
contractor allowed use of the site at any given time. No construction activities shall be allowed
between May 1 and Columbus Day. The following information is required:
Name of Public Beach where access is requested
Name of Entity requesting access
Address of entity requesting access
, MA
Contact
/person for Contractor(s) performing work
L7Y Md��i S
Cell phone#fo ontact person and Contractor(s) performing work
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Address of Contractor(s)performing work
Attach a list of owners and addresses of all abutting properties that will be traversed during the
construction activities and written certification that the owners have been notified of this application.
Owner of property where work will be done
Vnl i 1Vkc:�-M Kc>z.,,r0.-1)
Address of property owner where work will be done
�.� Town of Brewster Office of:
`� ��`+ 2198 Main Street Board of Selectmen
_ t Town Administrator
" m Brewster, MA 02631-1898
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- '0 Fax: (508) 896-8089
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Contact information for owner of property where work will be performed
Site where work to be done(Map &Lot as well as Street Address—Attach Map w/Lot indicated)
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Local DEP &Conservation Permit Number
C - 1(0131
Please attach a desccrrip o
to n of proposed work
If vehicles, equipment and/or materials are to be stored on public property over night,please attach
a list the materials and/or equipment with any vehicle registration numbers.
Estimated duration of work
2 -- -:2,) a�5
Proposed start and finish dates
--,11 j i Lo _ `./,31,
Selectmen's assigned time frame for permission(to be verified by staff)
Deadline for completion of work(to be verified by staff)
Deadline for Contractor's clean up of site (to be verified by staff)
Attach copies
Certificate of Insurance
Performance Bond or Bank Check for deposit minimum $10,000 (Breakwater&Ellis Landing
require a minimum$20,000) (Funds will be returned after successful completion of work.)
Receipts of sand delivery showing amount(s) and source(s)of the material.
This approval is only valid if signed by representatives from ALL 3 departments:
Selectmen's Office Conservation Department Dept of Public Works
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Permit:SE 9-1631
Project Location: 290 Foster Road, Map 79 Lot 26
Project Description:
The homeowner is having the contractor place approximately 100 cubic yards of sand and then placing
vegetation over approximately 600 square feet of the bank. Heavy equipment will traverse from Point of
Rocks Landing to the homeowner's property to deliver and place sand.The project will take two to three
days.