(a) Applications may be accepted by the Town if a job opening exists or the Town anticipates a vacancy may occur or for an increase in the Town's workforce.

(b) In the event the Town determines that a vacancy exists, a notice of such position opening shall be conspicuously posted for a period of five (5) working days on the Town's website, and/or other form of notice as determined by the Town Manager. The notice shall include the date of posting as well as the date the notice expires.

(c) All announcements will specify the job title, nature of the job, required qualifications, and essential functions of the position, compensation range, application deadline and the place to file such applications.

(d) Any employee may apply for a posted vacancy provided he/she possesses the requisite minimum qualifications and is not a probationary employee. Criteria used in evaluating an applicant's qualifications may include such considerations as evaluations, aptitude, attendance records, education, training, prior work experience history, physical and mental fitness for the position, and length of service with the Town and the particular Town department or office.

(e) In the event that no qualified employees apply or the Town Manager determines that such position(s) should be filled from outside, the Town Manager, at his/her discretion, may do so.

(f) An applicant for employment with the Town must complete an employment application, including acknowledgement that he/she is a citizen of the United States or has filed a declaration of intent to become one and a declaration that all information provided is truthful. Falsification of any statements by the applicant shall be cause for denial of employment or termination from employment if discovered after the applicant has been hired. Evidence of a conviction of a felony which was not reported, or other conduct unbecoming a public servant of the Town or posing a threat to the legitimate business concerns of the Town or its various departments, shall also be cause for denial or termination from employment; however, prior criminal conviction(s) shall not be an automatic bar to employment.

(g) Applicants may be subject to a background investigation.

(h) Upon determination of which applicants meet the minimum job-related qualifications, the applicant's knowledge, skill, and ability to perform the essential functions of the position may be considered. Applicants shall be required to provide any information and undergo any job-related performance tests, reference checks, background checks, or other job-related procedures necessary to demonstrate qualifications for the position sought.

(i) Applicants selected for employment may be required to submit drug and alcohol testing to determine their ability to perform the duties of the position for which they have been selected. Such examinations shall be conducted prior to commencement of employment and shall be a condition for acceptance as an employee of the Town.

(j) In the event that an applicant has a disability which affects his/her abilities to complete employment testing, a request for reasonable accommodation, made by the applicant prior to the administration of the testing (including accessible testing sites, modified testing conditions, and accessible testing formats), will be evaluated to ensure that the application process is available to all qualified applicants.

(k) Requests for reasonable accommodations will be evaluated for applicants and employees with a disability as required by law. Health and medical conditions shall only be a bar to employment if the employee or applicant's condition is still such that after making reasonable accommodation, he/she could not perform the substantial and material aspects of the job. In addition, the Town Manager, at the Town's expense, may require an employee at any time to take a medical examination conducted by a licensed physician to be selected by the Town Manager if he/she has reason to believe the employee is no longer capable of performing the substantial and material portions of the duties and responsibilities of his/her position.

(l) In the event that the minimum requirements and qualifications of a classification are changed by external law or technological advancement, it shall be the sole responsibility of the employee to meet such new requirements within a reasonable period and maintain such qualifications. Employees failing to maintain the minimum requirements and qualifications of their classification in a reasonable amount of time may be subject to reduction in position and pay, provided a vacancy exists in a classification for which the employee is qualified or termination if no such vacancy exists. The Town has no obligation to create a vacancy for an employee failing to maintain the qualifications of his/her job.

(m) The Town Council, Town Manager and/or department head may eliminate a prospective employee from consideration if he/she:

(n) An applicant may be eliminated from consideration upon other reasonable grounds relating to job requirements (i.e., inability to perform essential functions even though reasonable accommodations have been met). If an applicant is hired and it is subsequently discovered that any of the above disqualifying criteria apply, the Town Council or Town Manager may terminate the employee for dishonesty, incompetence, nonfeasance, or malfeasance. The Town, through the Clerk-Treasurer's Office, shall maintain a record keeping system reflecting the disposition of all job applicants and the reasons for hiring or not hiring an applicant. Such records shall be kept on file for at least two (2) years and shall include a completed job application, medical examination data, test results, and/or any job-related information.

(o) Continued employment by the Town is conditioned upon the employee maintaining the physical, mental, and emotional ability to perform the substantial and material portions of his/her duties and a satisfactory record of performance and discipline as determined solely and exclusively by the Town Council and/or designees.

(p) If an applicant is hired and it is subsequently discovered that any of the above disqualifying criteria apply, the Town Manager may terminate the employee.

(q) In the event that seasonal, part-time, and/or emergency hiring action is required, the Town Manager shall have the authority, upon written recommendation from the department head, to appoint employees to said positions. The Town Manager shall provide the list of appointments to the Town Council.