On the agenda: Cape Elizabeth Town Council Ordinance Committee — surveillance camera (Sep 22)

Town Council Ordinance Committee Meeting
Tuesday, September 22, 2026 at 5:30 PM
Jordan Conference Room, Town Hall

A.

Public Comment

B.

Minutes
1)

C.

March 23, 2026 meeting -

Item(s) to be discussed
1)

Personnel Codes Amendments: Chapter 2, Chapter 3, Personnel Code -

2)

Paper Reduction Amendments -

D.

Public Comment

E.

Next Meeting

Pending:
1)

Chapter 5, Commercial Licenses -

Public Participation at Ordinance Committee Meetings
The intent of this policy is to allow for public participation by interested parties and to provide for orderly
committee deliberation.
Speaking on topics on the regular Ordinance Committee meeting agenda
After the public comment period has been opened, any person wishing to address the Ordinance Committee shall
signify a desire to speak by raising his or her hand. When recognized by the chair, the speaker shall give his or her
name and address or name and local affiliation, if the affiliation is relevant, prior to making other comments. All
remarks should be addressed to the Ordinance Committee. Comments shall be limited to three minutes per
person; however, the time may be extended by majority vote of the Ordinance Committee members present. The
time for public comments is limited to 15 minutes per agenda item. This time may be extended by a majority vote
of the Ordinance Committee members present. The chair may decline to recognize any person who has already
spoken on the same agenda item and may call on speakers in a manner so as to balance debate. Once the
Ordinance Committee has begun its deliberations on an item, no person shall be permitted to address the
Ordinance Committee on such item.

Page 1 of 87

Speaking on topics not on the regular Ordinance Committee meeting agenda
Persons wishing to address the Ordinance Committee on an issue or concern local in nature, not appearing on the
agenda, may do so at a regular Ordinance Committee meeting during any public comment period. Any person
wishing to address the Ordinance Committee shall signify a desire to speak by raising his or her hand. When
recognized by the chair, the speaker shall give his or her name and address or name and local affiliation.
Comments in each comment period shall be limited to three minutes per person and 15 minutes total; however,
the time may be extended by a majority vote of the Ordinance Committee members present.
Decorum
Persons present at Ordinance Committee meetings shall not applaud or otherwise express approval or disapproval
of any statements made or actions taken at such meeting. Persons at Ordinance Committee meetings may only
address the Ordinance Committee after being recognized by the chair.

Page 2 of 87

Town of Cape Elizabeth
Ordinance Committee Minutes
March 23, 2026
Members Present:

5:30 p.m.

Town Hall

Caitlin Jordan Harriman, Chair
Stephanie Anderson
Jonathan Sahrbeck

Staff: Maureen O’Meara, Town Planner
Public Comment
No one present wished to speak.
Minutes
Councilor Anderson made a motion to approve the January 14, 2026 minutes, seconded by
Councilor Sahrbeck, and the motion passed 3-0.
Porch, ramp Amendments
Chair Harriman summarized the content of the amendments.
Councilor Anderson asked how the amendments were begun?
Councilor Sahrbeck learned about the situation in his own neighborhood where folks would
need to enter the Zoning Board process, which requires a property survey costing thousands.
This doesn’t work for people who need a ramp due to a health issue. He likes the way the
Planning Board structured the amendment with definitions that frame a limited approach.
Chair Harriman noted that no public members were in attendance.
Councilor Anderson made a motion to send the amendments to the Town Council for a public
hearing and vote, seconded by Councilor Sahrbeck and the motion passed 3-0.

Page 3 of 87

9/16/2026

Personnel Codes Amendments
CHAPTER 2
ADMINISTRATIVE CODE
Sec. 2-1-1. General Provisions.
(a) Town Manager. The Town Manager shall be the administrative head of the Town and
shall perform all the duties and have all the responsibilities prescribed by the Town Charter and
the Town Council.
(b) Responsibilities. The Town Manager shall supervise the heads of all departments
established by this Code and the Town Charter, and shall have the power to suspend and
discipline, and to perform or delegate the duties and responsibilities of such department heads
and of statutory officers unless disqualified to do so by statute. The Town Manager shall
prepare and revise an Employee Handbook a personnel code for adoption by the Town Council
(which shall take effect the next business day after the Town Council votes for adoption) and be
responsible for its administration.
(d) Municipal Departments Established. The administrative service of the Town shall consist
of the following departments and the department heads shall be known by the titles shown:
1. Administrative Services
2. Assessment
3. Building & Inspection
4. Fire
5. Thomas Memorial Library
6. Planning
7. Police
8. Public Works
9. Community Services Department
10. Information Technology
11. Finance

Town Clerk
Assessor
Code Enforcement Officer
Fire Chief
Library Director
Town Planner
Chief of Police
Director of Public Works
Community Services Director
Information Technology Director
Finance Director

(g) Department Staff
1. Department heads may establish subordinate positions and make appointments and
removals as may be necessary within the limits of the appropriations provided,
subject to the provisions of the Town Charter, the Employee Handbookpersonnel rules and
regulations, and the approval of the Town Manager.
2. All employees shall be under the immediate supervision of their respective
department or division head, and all employees shall be compensated in a fair and
equitable manner and on the basis of any pay classification schedule that may be
1
Page 4 of 87

9/16/2026
available from time to time. Department heads are responsible for an annual written
evaluation of all employees within their department and copies of evaluations shall
be provided annually to the Town Manager.
Article II. Positions Not Part of Other Municipal Departments.
Sec. 2-2-3. Public Communications DirectorCoordinator. The Public Communications
DirectorCoordinator shall be appointed and removed by the Town Manager. The
Communications Director Coordinator shall assist all departments in public communications
initiatives and shall operate the Town’s public access channel, and website in conformance with
guidelines approved by the Town Council and shall perform related functions as required.
CHAPTER 3
CAPE ELIZABETH PERSONNEL CODE Reserved.
Chapter 3, Cape Elizabeth Personnel Code is repealed in its entirety.

2
Page 5 of 87

Table of Contents
Section 1: INTRODUCTION

6

1.1 Welcome Message

6

1.2 Organizational Overview

6

1.3 Purpose of this Handbook

6

1.4 Changes in Policy & Legal Disclaimer

6

Section 2: CODE OF ETHICS AND EMPLOYEE CONDUCT
2.1 Guiding Principles

7
7

1. Integrity and Responsibility

8

2. Compliance with Laws and Policies

8

3. Conflicts of Interest

8

4. Acceptance of Department Gifts or Favors

8

5. Use of Municipal Resources

9

6. Confidentiality

9

7. Fairness, Respect, and Inclusivity

10

8. Outside Employment and Representation

10

9. Off-duty Conduct

10

10. Appearance of Impropriety

10

B. Political Activity

11

C. Reporting and Enforcement

11

D. Making Ethical Decisions

11

Section 3: EMPLOYMENT POLICIES

12

3.1 Equal Employment Opportunity

12

3.2 Immigration Law Compliance

12

3.3 Background Check Policy

12

3.4 Post-Offer, Pre-Employment Medical Fitness (When Required).

12

3.5 Reasonable Accommodations for Eligible Employees

13

3.6 Harassment Policy

14

3.7 Discrimination

15

3.8 Complaint Procedure

15

Section 4: EMPLOYMENT RELATIONSHIP

16

Page 6 of 87

4.1 Recruitment

16

4.2 Nepotism and Personal Relationships Policy

17

4.3 Employment Classification, Status, and Evaluation

18

4.4 Hire Date and Anniversary Date

19

4.5 Probation

19

4.6 Rehired Employees

20

4.7 Performance Management

20

4.8 Personnel Files

20

4.9 Separation from Employment

21

Voluntary Resignation

21

Retirement

21

Involuntary Termination

21

Final Pay and Exit Procedures

21

4.10 References

21

4.11 Compensation

22

4.12 Recognition of Prior Experience

22

5.1 Discipline Statement

22

6. Technology

24

6.1 Technology Use

24

Personal Use

24

Software, Hardware, and Games

25

E-Mail

25

Storing and Transferring Documents

25

Internet

26

Passwords and Physical Security of Equipment

26

6.2 Social Media Policy

26

Official Town Representatives.

26

Use during working hours.

27

Media Presence outside of work.

27

All other policies apply.

27

Employees’ Rights.

27

6.3 Ethical Use of Artificial Intelligence (AI)

27

Page 7 of 87

Who Must Comply

27

Core Expectations

27

Quick “Do / Don’t” List

28

Approvals & Oversight

28

Training

28

Records, FOAA, & Retention

28

Enforcement

28

Cross-References

28

Section 7: WORK RULES

29

7.1 Workweek

29

7.3 Breaks

29

7.4 Recording Time Worked

29

7.5 Pay Checks

30

7.6. Absences

30

7.7 Tardiness

30

7.8 Overtime

30

7.9 Compensatory (Comp) Time

30

7.10 Acting Capacity

31

7.11 Flexible Schedules

31

7.12 Cell Phone and Personal Electronic Devices

31

7.13 Professional Appearance and Dress Code

32

Section 8: Licensing, Education, and Training

32

8.1. Licenses and Certifications (Required for the Job)

32

8.2. Training Plans & Required Training

33

8.3. Optional/Employee-Initiated Education & Training (Job-Related)

33

8.4. Conferences and Travel

34

8.5. Documentation & Records

34

8.6. Administration & Exceptions

34

SECTION 9: EMPLOYEE LEAVE

34

9.1 Overview

34

9.2 Holidays

34

9.3 Vacation

35

Page 8 of 87

9.5 Sick Leave & Family Sick Leave

36

9.6 Bereavement Leave

36

9.7 Jury Duty

37

9.8 Military Leave (USERRA)

37

9.10 Emergency Closings

37

Section 10: HEALTH & SAFETY

37

10.1 Roles & Responsibilities

38

Town/Department Leadership

38

Supervisors

38

Employees

38

10.2 Safety Training & Compliance

38

10.3 Hazard Reporting, Incidents & Post-Injury Response

38

10.4 Fire Safety & Emergency Preparedness

40

10.5 Personal Protective Equipment (PPE)

40

10.6 Fitness for Duty & Medical Examinations

40

10.7 Lactation Accommodation Policy

42

10.8 Communicable Disease & Public Health

42

10.9 Tobacco-Free Workplace (including vaping)

42

10.10 Drug & Alcohol

42

10.11 Workplace Violence Prevention

43

10.12 Weapons in the Workplace

43

10.13 Search of Property

44

10.14 Enforcement & Discipline

45

SECTION 11: BENEFITS

45

11.1 Medical Insurance

45

11.3 Dental and Vision Insurance

45

11.5 Income Protection, Life Insurance and AD&D

46

11.7 Flexible Spending Account

46

11.8 Wellness Benefit

46

11.9 Retirement

46

11.10 Workers’ Compensation

47

A. Reporting & Immediate Care

47

B. Wage Replacement & Supplemental Pay

47

Page 9 of 87

C. Leave Coordination, Benefits & Accruals

47

D. Disputed Claims

47

E. Modified-Duty / Return-to-Work

47

F. Relation to Sick Leave Policy

47

11.12 Employee Assistance Program (EAP

47

Appendix A - Acknowledgment Form

48

Appendix B: Town Reimbursement Policy

49

Appendix C: Town Cell Phone Reimbursement Authorization Form

50

Appendix D: Alcohol & Controlled Substance Abuse Testing Procedure

53

Appendix E - Training Request & Reimbursement Form

60

Appendix F - Corrective Action Plan & Performance Improvement Plan

61

Corrective Action Plan

61

Performance Improvement Plan

61

Appendix H: REMOTE WORK POLICY

63

REMOTE WORK POLICY

63

Appendix J: Timesheet Form

69

Appendix K: Wellness Reimbursement Form

70

Page 10 of 87

SECTION 1: INTRODUCTION
1.1 WELCOME MESSAGE
Welcome to the Town of Cape Elizabeth, “Rooted in Community, Framed by the Sea”. As a Town
employee, you play a vital role in providing high-quality municipal services that strengthen and
support our community.
1.2 ORGANIZATIONAL OVERVIEW
The Town of Cape Elizabeth, Maine, is a coastal community governed by a Council-Manager form of
government. Seven (7) Town Councilors are elected at-large by residents to serve staggered threeyear terms. Each year, the Council elects a Chair from among its members to preside over
meetings and perform ceremonial duties. The Council is the legislative body, setting policy
direction for the Town and approving the municipal budget.
The Town Manager is appointed by the Town Council and serves as the Town’s chief executive
officer. The Town Manager is responsible for the administration of all municipal operations,
implementation of Council policies, and oversight of department leadership. The Town Manager
also acts as the liaison between the Town Council and municipal staff.
The Town operates through multiple departments that provide essential public services and
support the quality of life for residents. These departments function collaboratively to ensure
efficient, transparent, and community-focused operations across all service areas.
1.3 PURPOSE OF THIS HANDBOOK
This Handbook outlines key policies, rules, and expectations for your employment with the Town of
Cape Elizabeth. All employees are responsible for reviewing its contents, referring to it throughout
their employment, and signing and returning the included Acknowledgment Form.
All employees are expected to comply with the policies and procedures in this Handbook. In cases
where a collective bargaining agreement contains provisions that differ from those in this
Handbook, the terms of the collective bargaining agreement will take precedence, but only with
respect to those specific conflicting provisions.
Nothing in this Handbook limits the authority of the Town Manager or department heads to manage
and direct the operations of the Town, including the right to plan, assign, and schedule work;
determine methods, procedures, and staffing levels; establish and enforce reasonable rules not
inconsistent with this Handbook; and to adopt ordinances and regulations necessary for the
effective administration of Town affairs.
The Town of Cape Elizabeth reserves the right to interpret the content of this Handbook and to
revise, suspend, or deviate from policies when it determines such action is in the Town’s best
interest.
1.4 CHANGES IN POLICY & LEGAL DISCLAIMER
Unless otherwise noted in a specific policy or by contractual agreement, this Handbook
supersedes previous employee handbooks or policies, written or unwritten on subjects covered in
this Handbook.

Page 11 of 87

CHANGES IN POLICY
The Town of Cape Elizabeth reserves the right to change this Handbook’s content, at any time and
in its sole discretion. The policies and provisions may not be altered by any other means, oral or
written. Employees will receive notice of any changes made to the Employee Handbook and are
responsible for understanding and complying with all current policies, signing, and returning a new
Acknowledgement Form. Questions about any of the policies or other information included in this
Handbook should be directed to Department Heads.
COLLECTIVE BARGAINING AGREEMENTS (CBA):
Employees who are members of a collective bargaining agreement and are represented by an
exclusive bargaining agent may have a contract in the form of a collective bargaining agreement. In
the event of a conflict between the collective bargaining agreement that applies to that employee
and this Handbook, the collective bargaining agreement governs.
SEVERABILITY OF POLICIES
If any part of this Handbook, or the way a policy is applied, becomes invalid because of a change in
law, a court ruling, or any other reason, the rest of the Handbook will remain valid and in effect.
EMPLOYMENT FORMS
All newly hired employees are required to complete standard employment documentation in
accordance with applicable federal and state laws. Required forms may include, but are not
limited to, tax withholding forms, employment eligibility verification, and acknowledgment of
receipt of Town policies and procedures.
Additional forms or agreements may be required based on the nature of the position. Employees
are also required to review and acknowledge any updates or revisions to required forms, policies,
or agreements as they occur. The Town may request updated or additional documentation as
necessary to ensure ongoing compliance with legal, regulatory, and organizational requirements.
SECTION 2: CODE OF ETHICS AND EMPLOYEE CONDUCT
2.1 GUIDING PRINCIPLES
As employees of the Town of Cape Elizabeth, we are entrusted with delivering high-quality services
that maintain the public’s confidence and uphold the integrity of municipal operations. This section
outlines the ethical standards expected of all employees in the day-to-day performance of their
duties. These expectations are rooted in the Guiding Principles and Code of Ethics adopted by the
Town Council (January 2025) and supported by the Town Charter, Town Ordinances, and
applicable Maine statutes.
This Code applies to all employees of the Town of Cape Elizabeth, including full-time, part-time,
seasonal, temporary, per diem, and contracted personnel. It supplements other Town policies and
procedures, including those outlined in this handbook and departmental guidelines. Employees
are expected to review and acknowledge this handbook upon hire and following any approved
changes.
A. Ethical Standards for Daily Conduct

Page 12 of 87

1. Integrity and Responsibility
● Employees are expected to conduct themselves with honesty, professionalism, and
accountability.
● Decisions and actions should reflect transparency and the Town’s commitment to
public service.
● Employees shall report misconduct, fraud, or unethical behavior through
appropriate channels. (See section C)
2. Compliance with Laws and Policies
● Employees must comply with all applicable federal, state, and local laws, as well as
Town ordinances and policies.
● Specific legal references include but are not limited to:
o 30-A M.R.S.A. §2605 – Conflict of Interest
o 17-A M.R.S.A. §§602–609 – Misuse of Public Office and Bribery
3. Conflicts of Interest
Employees of the Town of Cape Elizabeth are expected to perform their duties with integrity and in
the best interest of the Town. To preserve public trust, employees must avoid any situation in which
personal, financial, or other interests could compromise or appear to compromise their judgment,
objectivity, or ability to carry out official responsibilities.
● Employees shall not participate in or make governmental decisions on matters in which
they, their immediate family members, or business associates have a known economic
interest, in accordance with 30-A M.R.S.A. § 2605.
● Employees must not use their official position for personal gain or to benefit family
members, friends, or third parties.
● Any actual, potential, or perceived conflict of interest must be disclosed immediately:
o In writing to the employee’s supervisor; or
o Directly to the Town Manager, depending on the nature of the conflict.
Upon disclosure, the Town Manager will review the situation and determine whether the matter
should be reassigned to another employee or whether additional safeguards are necessary.
Examples of conflicts of interest include:
● Participating in contract decisions involving a family member’s business;
● Using confidential Town information for personal advantage;
● Accepting employment or consulting work with entities that do business with the Town.
Employees who are uncertain whether a situation constitutes a conflict of interest should seek
guidance from their supervisor or the Town Manager before proceeding.
4. Acceptance of Department Gifts or Favors
To maintain the highest standards of ethics and public trust, employees of the Town of Cape
Elizabeth must avoid both actual and perceived conflicts of interest with regard to the acceptance
of gifts. The following rules apply:
● Employees shall not solicit or accept any gift, gratuity, favor, entertainment, loan, service,
or any other item of monetary value from individuals or entities whose interests may be
affected by the employee’s performance or non-performance of their official duties.

Page 13 of 87

● A gift is defined as any benefit, favor, privilege, or item of value that could be interpreted as
influencing an employee’s impartiality.
● Employees shall not accept gifts, services, or favors that could be reasonably perceived to
influence their official actions or decisions.
● Department Gifts with a value over $50 must be disclosed and recorded with the Town
Manager.
This policy does not prohibit acceptance of items of nominal value (e.g., pens, notepads,
calendars) that are:
● Distributed generally to all attendees at professional conferences or public events; or
● Provided as part of routine promotional materials.
The Town reserves the sole discretion to determine whether an item or circumstance constitutes a
violation of this policy. When in doubt, employees should err on the side of caution and seek
guidance from the Town Manager or the Town Clerk.
5. Use of Municipal Resources
Town property, equipment, systems, and time are to be used only for authorized public purposes.
Misuse, theft, or negligent handling of Town resources may result in disciplinary action.
6. Confidentiality
The Town of Cape Elizabeth is committed to maintaining strict control over access to Town
property, cash, records, and any other items of monetary or strategic value. Likewise, the Town
safeguards all personnel, medical, general assistance, and other records or data deemed
confidential under state or federal law. Employees entrusted with keys, special system credentials,
or job duties connected to the security, safety, or confidentiality of these assets must exercise
sound judgment and are fully accountable for any misuse or acts of indiscretion.
Confidential Information
In the course of their work, employees may encounter sensitive information, such as employee
relations materials, employment application material, medical records, general assistance
applications, or personnel actions. This information:
● Must be kept confidential. Employees may not disclose, discuss, or provide access to such
data verbally, electronically, or in hard copy to anyone who is not authorized, including
family members.
● May not be used for personal gain. Confidential information obtained through employment
shall never be leveraged for private advantage or to further outside interests.
● Must be stored securely. Employees must take reasonable steps (e.g., locked cabinets,
password protection, encrypting files) to protect confidential documents and digital
records from unauthorized access.
Freedom of Access Act (FOAA) Requests
The Town is subject to Maine’s “Right to Know” Law (1 M.R.S. §§ 401 414). Any FOAA request
received by an employee must be forwarded immediately to the Town Clerk, the Town’s designated
FOAA Officer, for an official response. Employees must coordinate with the Town Clerk, Town
Manager, and, when necessary, the Town Attorney to ensure a lawful and timely reply.

Page 14 of 87

Employee Responsibilities
● Safeguard keys, passcodes, and any other security credentials issued for Town
facilities, vehicles, systems, or equipment.
● Report any lost keys, security breaches, or suspected misuse of confidential
information to a supervisor or the Town Manager without delay.
● Refrain from accessing, altering, or removing Town records or property except as
required for official duties.
● Comply with all Town policies, ordinances, and state or federal regulations
governing confidentiality and information security.
7. Fairness, Respect, and Inclusivity
● Employees shall treat the public, coworkers, and elected officials with dignity,
impartiality, and respect.
● Discrimination, harassment, bullying, or retaliation of any kind is not tolerated.
8. Outside Employment and Representation
● Employees must not represent third-party interests before Town boards or agencies
while employed.
● Any secondary employment must be disclosed and approved in accordance with
Town policy to prevent conflicts of interest.
● Employees may not solicit for purposes unrelated to town business while on duty or
while on municipal property.
9. Off-duty Conduct
● All employees represent the Town of Cape Elizabeth in the community and are
expected to conduct themselves responsibly on and off the job.
● Significant off-the-job misconduct may result in discipline up to and including
termination, as warranted. Examples include, but are not limited to:
a) Fraud or theft
b) Drug dealing or illegal drug use
c) Illegal gambling
d) Violence or other criminal behavior
e) Revocation or suspension of the employee’s driver’s license
● A criminal arrest and/or conviction may or may not affect employment; the Town

reserves the right to investigate independently and reach its own conclusions
regarding culpability.
10. Appearance of Impropriety
● Employees must avoid not only actual impropriety, but also conduct that creates
the appearance of unethical behavior.
● When in doubt, employees are encouraged to consult with their Department Head
or the Town Manager.

Page 15 of 87

B. Political Activity
The Town of Cape Elizabeth recognizes that employees have the right to engage in political activity
as private citizens. However, to ensure the integrity of municipal operations, the following
guidelines apply:
● Employees may participate in political activities in their personal time and outside the
workplace.
● Employees shall not participate in any political activity that conflicts with the performance
of their official duties while on duty.
● Employees may not use Town property, equipment, or time for political purposes.
● Employees shall not promise, offer, or imply special treatment or favors in exchange for the
political activity of others.
● Employees shall not, while working in an official capacity for the Town:
o Circulate petitions or campaign literature for elective Town of Cape
Elizabeth officials;
o Solicit or receive political contributions, subscriptions, or services from any
individual;
o Engage in political activity related to Town government. Including but not
limited to seeking or accepting nomination or election to any elective office
within the Town government during their employment with the Town.
o Employees shall not use their position to publicly support or oppose any
candidate for elective office in the Town government.
o Employees shall not solicit political contributions during work hours or in
their official capacity.
C. Reporting and Enforcement
1. Employees are expected to report suspected violations of this Code to their supervisor,
Department Head, or the Town Manager. Reports may also be made under the Town’s
complaint and whistleblower policy.
2. Retaliation against employees who report concerns in good faith is strictly prohibited.
3. Violations of this Code of Ethics may result in disciplinary action, up to and including
termination, consistent with applicable procedures and collective bargaining agreements.
D. Making Ethical Decisions
When faced with a difficult choice or unclear situation, employees are encouraged to ask
themselves the following questions:
1.
2.
3.
4.
5.

Would I be comfortable if my decision were made public?
Does this action align with the Town’s values and policies?
Am I using public resources or my position for personal benefit?
Could this be perceived as unfair, dishonest, or disrespectful?
Have I consulted with my supervisor or the Town Manager if unsure?

If the answer to any of these questions raises concern or if doubt remains, employees are
encouraged to seek guidance before proceeding.

Page 16 of 87

SECTION 3: EMPLOYMENT POLICIES
3.1 EQUAL EMPLOYMENT OPPORTUNITY
As an Equal Opportunity Employer, the Town of Cape Elizabeth shall employ, upgrade, and
promote the best qualified person(s) who are available at the salary level established for the
position, without discrimination as to race, color sex, sexual orientation or gender identity, physical
or mental disability, religion, age, ancestry, national origin or familial status; or any protected
status, including citizenship, genetic information, protected veteran status, political affiliation,
whistleblower status, or any other status protected by state and/or federal law.
Any employee that believes they have been the target of discrimination or retaliation should report
that to the Town of Cape Elizabeth according to the Internal Complaint Procedures set forth in 3.8
Complaint Procedure.
3.2 IMMIGRATION LAW COMPLIANCE
The Town of Cape Elizabeth employs only United States citizens and non-United States citizens
authorized to work in the United States in compliance with the Immigration Reform and Control Act
of 1986. Each new employee, as a condition of employment, must complete the Employment
Eligibility Verification Form I-9 and present documentation establishing identity and employment
eligibility. Former employees who are rehired must also complete the form if their previous I-9 is no
longer retained or valid. If the State of Maine or the federal government enacts any more stringent
immigration requirements, the Town will comply immediately, and without prior notice, with such
standards.
3.3 BACKGROUND CHECK POLICY
Applicants for employment (whether internal or external, and whether for promotion or transfer)
are required to consent in writing to a background check after a conditional offer has been made
depending on the position to which they may be hired. This may include, but is not limited to, credit
checks, driving history checks, criminal background checks, and reference checks. The Town of
Cape Elizabeth will consider job duties, among other factors, in determining what constitutes
satisfactory completion of the background check. All information obtained as a result of a
background check will be used solely for employment purposes.
The Town of Cape Elizabeth’s authorization form must be completed. Failure to timely complete an
authorization may result in termination of the Town of Cape Elizabeth’s consideration of the
application. Falsification or omission of information may result in denial of employment or
discipline, up to and including termination. Any job offer is considered conditional until such time
as the applicant passes the preemployment investigation. A negative background check may be
considered, but is not dispositive of, the final decision of whether to hire the applicant.
All background check information will be kept confidential. The Town of Cape Elizabeth complies
with all applicable federal, state, and local laws regarding background checks.
3.4 POST-OFFER, PRE-EMPLOYMENT MEDICAL EXAMINATION).
For certain classifications, the Town may require a post-offer, pre-employment medical
examination by a Town-designated licensed healthcare provider at Town expense. These exams are
used only to determine whether the individual can perform the essential functions of the position,

Page 17 of 87

with or without a reasonable accommodation, and are applied consistently to all entering
employees in the same job category in accordance with the ADA/ADAAA. All medical information
will be maintained confidentially and kept in a separate medical file, accessible only to those with
a business need to know. If an applicant cannot perform essential job functions with or without
reasonable accommodation or presents a direct threat (as defined by law) based on an
individualized assessment, the conditional offer may be withdrawn.
3.5 REASONABLE ACCOMMODATIONS FOR ELIGIBLE EMPLOYEES
The Town of Cape Elizabeth complies with the Americans with Disabilities Act (ADA), as amended
by the ADA Amendments Act, and all applicable state or local laws. Consistent with those
requirements, the Town of Cape Elizabeth will reasonably accommodate qualified individuals with
a disability if such accommodation would allow the employee to perform the essential functions of
the job, unless doing so would create an undue hardship or a direct threat to others or the
employee.
Under the Maine Human Rights Act, if an employee is a member of a protected class (as described
in the Equal Employment Opportunity Policy, 3.1), they may be entitled to reasonable
accommodation if such an accommodation is needed to allow them to perform the essential
functions of their position. If a workplace accommodation is needed, employees must collaborate
with the Human Resources department.
Upon such request, the Town of Cape Elizabeth will promptly engage in an interactive exchange
with the employee, as needed, in order to determine the feasibility of providing the requested
accommodation, or any other reasonably available accommodation. In some cases, particularly
when the disabling condition is not obvious, the Town of Cape Elizabeth may request medical
documentation from medical or mental health providers. The documentation requested allows the
Town of Cape Elizabeth to better understand several things: (1) the nature, severity, and duration of
any impairment, (2) the activities that may be limited by the applicable condition(s); and (3) to
substantiate the need, feasibility, and potential efficacy of the requested accommodation.
Employees are not required to provide confidential health care information beyond that which
meets the substantiation criteria.
PROCESS
● The employee, Human Resources, and the employee’s supervisor meet to discuss their
need for an accommodation.
● The employee and their supervisor review the essential functions of the job and may need
to provide these to the employee’s medical provider to confirm the disability and the need
for an accommodation.
● The employee and their supervisor will review options for the accommodation and will work
together to come up with ideas that are reasonable, and that do not create an undue
hardship for the employer.
● Once a reasonable accommodation is determined, it will be documented using the proper
form from Human Resources and placed in the employee’s medical file.
● Both the employee and their supervisor will continue to monitor the need for the
accommodation to ensure there aren’t any issues/concerns by either party.

Page 18 of 87

● No departments are authorized to enter into modified work arrangements/schedule
changes, agreements, or accommodations without Human Resources or Town Manager
approval.
Any individual with a disability who believes they have been subjected to discrimination based on a
disability may discuss the complaint with a supervisor and/or may file a grievance with the Human
Resources Department. It is unlawful for the town, its employees, contractors, or grantees to
retaliate against anyone who files a complaint or cooperates in the investigation of a complaint.
Questions, concerns, complaints, or requests for additional information regarding this notice may
be forwarded to the Human Resources Department.
3.6 HARASSMENT POLICY
The Town of Cape Elizabeth strives to maintain a work environment free from all forms of
harassment, intimidation, and discrimination.
Harassment is prohibited in connection with any employee activity including, but not limited to,
relations with other employees, supervisors, prospective employees, clients, vendors, town
officials, or members of the public. Any allegation of harassment will be promptly investigated.
The Town of Cape Elizabeth strictly prohibits and does not tolerate any type of harassment, sexual
or otherwise, in the form of unwelcome or unwanted verbal, physical, or visual conduct of its
employees based on the protected characteristics of race, gender, marital status, pregnancy,
national origin, age, religion, sexual orientation, disability, citizenship, veterans’ status, or any
other characteristic protected by law.
Sexual harassment is a form of employment discrimination and is illegal under both federal and
state law. The Town of Cape Elizabeth will not tolerate retaliation or discipline against any
employee who files a complaint of harassment or who cooperates in any investigation of a
complaint of harassment. These forms include, but are not limited to:
A.
B.

C.
D.

Offensive verbal conduct such as remarks, comments, jokes, slurs, lyrics, or sexually
explicit conversation.
Offensive material, including sexually explicit pictures or objects, cartoon drawings,
photographs, or other communications, including video, email, internet programs,
blogs, or websites.
Offensive physical conduct, or sexual advances, including touching; and
Sexually degrading words used to describe an individual.

Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a
sexual nature, when:
A. Submission to such conduct is made, either explicitly or implicitly, a term or condition of an
individual’s employment (quid pro quo).
B. Submission to or rejection of such conduct by an individual is used as the basis for
employment decisions which affect that individual; or
C. Such conduct substantially interferes with an individual’s work performance or creates an
intimidating, hostile, or offensive working environment (hostile work environment).

Page 19 of 87

Verbal conduct alone may constitute harassment. The effect of the harassing activity, not the
harasser’s intent, may make the conduct actionable harassment. Unwelcome sexual advances
need not occur at work to be unlawful: if the harassing activity creates a hostile or offensive work
environment, the activity may constitute actionable harassment regardless of where it occurs.
3.7 DISCRIMINATION
The Civil Rights Act of 1964 and the Maine Human Rights Act prevent discrimination in the
workplace. Any discrimination based on a protected class status is illegal with regard to race,
religion or belief, national origin, social origin, or ethnic origin, sex (including pregnancy), age (over
40) physical, mental or sensory disability, sexual orientation, gender identity and/or expression,
marital, civil union or domestic partnership status, past or present military service, family medical
history or genetic information, family or parental status, whistleblower status as well as arrest and
court record and any other status protected by state and federal law. All such complaints will be
addressed and, if necessary, appropriate action will be taken.
Employees should report any discrimination immediately to any Department Head, Human
Resources, or the Town Manager, and are protected from retaliation in any form. All complaints of
retaliation will be investigated, and prompt remedial action will be taken.
Any report of alleged harassment or discrimination that is made in a knowingly false or clearly
frivolous manner is prohibited, will not be tolerated, and will be appropriately addressed should it
occur, including possible disciplinary action.
3.8 COMPLAINT PROCEDURE
If an employee believes they are being subjected to any type of harassment or discrimination or
have any concerns about harassment, the process is noted below:
A.

B.

C.

Document: If possible, document or otherwise record any incident of alleged
harassment, including the date, time, place, details of what has been said or done, who
was present, and the surrounding circumstances.
Communicate: If comfortable doing so, clearly and directly communicate to the
offending individual that their conduct is offensive and unwelcome, and request that
the behavior stop. However, this step is not required.
Report: Immediately bring the matter to the attention of the supervisor. However, if the
supervisor is somehow involved in the harassment or discrimination, unavailable, or if
the employee is uncomfortable talking to that person, the employee should report this
matter to the Human Resources Department, the Town Manager, or to another
supervisor with whom the employee feels comfortable.

There will be no retaliation against any employee who files a complaint of discriminatory behavior
or participates in any proceedings concerning harassment. Any person found to have retaliated
against another individual for reporting harassment will be subject to disciplinary action, up to and
including termination of employment.
Allegations of sexual and other harassment and retaliation are serious. The Town will work with
employees to resolve complaints promptly and fairly. Department Heads and supervisors are
responsible for monitoring conduct, which can be construed to be harassment and for initiating

Page 20 of 87

necessary action to eliminate such behavior. All information will be held in confidence and will be
discussed only with those who have a need to either investigate or resolve the complaint. The Town
will seek to keep any information obtained as confidential as possible, although confidentiality
cannot be assured.
If an employee believes that they are being harassed or discriminated against, Employees also
have the right to file a complaint with the Human Rights Commission (MHRC) within six months of
the unlawful act or unlawful discrimination. To file a charge or obtain more information on the
procedure, contact the Commission at (207) 624- 6050 or by mail at: Human Right Commission, 51
State House Station, Augusta, ME 04333-0051.
SECTION 4: EMPLOYMENT RELATIONSHIP
4.1 RECRUITMENT
The Town of Cape Elizabeth believes hiring well-qualified individuals to fill positions contributes to
the town’s overall success. All applicants must submit an application, resume, and a letter of
intent to the Human Resources Department to be considered for a vacant position. Any additional
department‑specific requirements will be outlined in the job posting.
If an application deadline is not listed, that means the position is open until filled. All applications
are acknowledged by the end of the posting period
Job Posting and Advertising
● All job vacancies will be posted internally and externally as appropriate.
● The Town will use various recruitment methods, including the Town website, online job
boards, professional networks, and community outreach efforts.
● Job postings will include a clear job description, qualifications, and application
instructions.
● The Town is committed to providing an equitable and competitive compensation package
that will attract and retain well-qualified employees.
Application and Screening
● Applications must be submitted by the deadline specified in the job posting, and Human
Resources will forward qualified candidates to the hiring manager for consideration.
● Reference and background checks will be conducted following a conditional employment
offer.
● As a condition of employment, the Town may require a pre-employment physical exam and
drug screen by a physician of the Town’s choice at the Town’s expense.
● All final offers of employment are contingent on satisfactory results from required
background checks, reference checks, and other required tests.
Internal Hiring and Promotions
The Town encourages internal promotions and career development opportunities for current
employees. Internal candidates may be considered alongside external candidates, with hiring
decisions based on merit, experience, and alignment with Town needs.

Page 21 of 87

Compliance and Record-Keeping
The Human Resources Department will maintain records of recruitment efforts, applicant
evaluations, and hiring decisions to ensure compliance with legal and policy requirements. The
Town will comply with all applicable federal, state, and local employment laws.
4.2 NEPOTISM AND PERSONAL RELATIONSHIPS POLICY
The employment of relatives or individuals in personal relationships within the same area of an
organization can create actual or perceived conflicts of interest. These situations may give rise to
claims of favoritism or bias in the workplace, and personal conflicts outside the workplace may
carry over into the work environment.
This policy is intended to promote fairness, prevent conflicts of interest, and ensure that all
employees and applicants are treated equitably and in accordance with applicable laws.
Employment Restrictions
When possible, the Town of Cape Elizabeth prohibits the employment of immediate family
members in positions where one relative would have direct supervision or influence over the
other’s employment. This includes decisions involving hiring, promotion, discipline, performance
evaluations, work assignments, or salary.
To that end, relatives of current Town employees may be hired only if the working relationship will
not involve one family member supervising or being supervised by the other, directly or indirectly.
Disclosure Requirements
All job applicants and current employees of the Town of Cape Elizabeth are required to disclose
any immediate family members or personal relationships with individuals currently employed by
the Town.
If a supervisor or manager develops a personal relationship with a subordinate during the course of
employment, they must report the relationship to the Human Resources Department. In such
cases, the Town will make every effort to adjust supervisory responsibilities to ensure the
supervisor is not involved in hiring, termination, promotion, or disciplinary decisions related to the
subordinate.
Department Heads are responsible for monitoring and evaluating reporting structures following
initial hire to ensure ongoing compliance with this policy. Employees must promptly report any
changes to their relationships that could violate this policy to their supervisor or Human
Resources.
Policy Violations
Failure to disclose a qualifying relationship, or engaging in favoritism resulting from such a
relationship, may result in disciplinary action, including reassignment, demotion, or termination,
depending on the nature and severity of the violation.
Policy Exceptions

Page 22 of 87

A written justification must be submitted and reviewed by Human Resources prior to any
employment decisions being finalized. Any exception to this policy will be made at the sole
discretion of the Town Manager.
Definitions
Immediate Family Member: A spouse, domestic partner, child, parent, stepparent,
stepchild, child of a domestic partner, sibling, grandparent, grandchild, or in-laws (mother-,
father-, sister-, or brother-in-law), or any individual residing in the same household as the
employee.
Personal Relationship: A dating, romantic, close personal, or sexual relationship between
two employees.
Supervisory Relationship: Any situation in which one employee is in a position to directly
influence or affect another employee’s terms and conditions of employment, including
hiring, promotion, performance evaluations, discipline, or termination.
4.3 EMPLOYMENT CLASSIFICATION, STATUS, AND EVALUATION
Fair Labor Standards Act Job Classifications
All employees are designated as either nonexempt or exempt under state and federal wage and
hour laws:
Nonexempt employees are employees whose work is covered by the Fair Labor Standards Act
(FLSA). They are not exempt from the law's requirements concerning minimum wage and overtime.
Exempt employees are generally executives, managers, professional, administrative, or outside
sales staff who are exempt from the minimum wage and overtime provisions of the FLSA. Exempt
employees hold jobs that meet the standards and criteria established under the FLSA by the U.S.
Department of Labor.
Town Job Classifications
Regular Full-time: A regular full-time position shall be year-round in nature with no predetermined
end date and scheduled to work no less than 35 hours per week. Regular full-time employees are
eligible for the Town’s benefit package, except where otherwise provided for in a collective
bargaining agreement, and are subject to the terms, conditions, and limitations of each benefit
program starting on the first of the month following the hiring date.
Regular Part-Time: A regular part-time position shall be year-round in nature with no
predetermined end date and schedule to work at least 20 hours per week, but less than 35 hours
per week. Regular part-time employees may be eligible for health, vision, and dental coverage at a
prorated rate. Please contact Human Resources for part-time employee health insurance rates
and eligibility.
Variable Hour Part-Time: Variable hour part-time employees work less than 20 hours per week
and typically do not work a consistent schedule from week to week. Unlike Temporary Employees,
these positions are generally actively employed on a year-round basis and are generally not
entitled to benefits except those mandated by State or Federal law.

Page 23 of 87

Temporary: Appointment to work a standard work week or less on a regular basis but for a limited
but defined period, usually not to exceed six months. Temporary employees are paid for hours
worked and receive no other benefits except those mandated by State or Federal law.
Seasonal Employment: Appointment to a position in an industry designated by the State of Maine
as a seasonal industry. Seasonals are paid only for hours actually worked and are not eligible for
any other benefits except those mandated by State or Federal law. Each different assignment is
considered a separate appointment.
Contract Employment: Employment under a written contract between the Town and an individual.
Contract employees receive compensation and benefits pursuant to the negotiated contract and
have no claim to the benefits of this policy, except as specifically negotiated or as required by law.
Contract employment shall be permitted only in unique and limited circumstances and shall not be
used to avoid membership in a collective bargaining unit, applicability of this Policy, or workers'
compensation coverage.
Student/Intern Employment: Each study program determines the rules under which the student
can complete the internship. Internships may be paid or unpaid depending on the program. The
Town of Cape Elizabeth works with prospective interns to fulfill the program requirements.
Per Diem/On Call: Per Diem or On Call employees are scheduled on a part-time basis. They
typically do not work a consistent schedule from week to week. Unlike Temporary Employees,
these positions are generally actively employed on a year-round basis and are generally not
entitled to benefits except those mandated by law.
4.4 HIRE DATE AND ANNIVERSARY DATE
Hire or anniversary date is the date on which the employee most recently started full-time
employment with the Town regardless of position within the organization. This date remains
constant unless the employee leaves the Town’s employ and is then re-hired. This date is used to
compute benefit eligibility.
4.5 PROBATION
The probationary period serves as an extension of the selection process, allowing both the Town
and the employee to assess mutual suitability for regular employees.
Duration of Probation
● The probationary period begins on the date of appointment.
● Police Department employees shall serve a one-year (12-month) probationary period.
● Employees in all other departments shall serve a 6-month probationary period.
These durations apply to original appointments, promotions, transfers, and reassignments, unless
otherwise specified by law or an applicable collective bargaining agreement.
Probationary Evaluation
The Department Head or their designee will review progress at or before the employee’s second,
fourth, and sixth month of employment.

Page 24 of 87

The probationary period allows management to assess an employee’s performance, reliability, and
compatibility with the department, while giving the employee an opportunity to evaluate the work
environment and role expectations.
Termination During Probation
During the probationary period, the Department Head, with the approval of the Town Manager, may
remove an employee at any time. Such removals are not subject to review, grievance, or appeal.
Completion of Probation
Employees who successfully complete the probationary period shall be designated as regular fulltime or regular part-time employees, as applicable.
4.6 REHIRED EMPLOYEES
Rehiring: Any Town employee resigning from the Town may apply for employment as positions with
the Town become available. However, any former employee must meet all the identified
qualifications set forth for a particular vacancy before filing an application. A rehired employee
shall not be entitled to any benefits or accruals from their previous service and shall be subject to a
stipulated probationary period of six (6) months.
Retire/Rehire: A rehired employee shall not be entitled to any benefits (unless otherwise required
by law) or accruals from their previous service and shall be subject to a stipulated probationary
period of six (6) months. The Town of Cape Elizabeth will comply with all IRS or MainePERS
regulations in the course of administering retire/rehire.
4.7 PERFORMANCE MANAGEMENT
The Town Manager shall conduct regular ongoing employee evaluation of each Department Head.
Each Department Head shall conduct regular ongoing employee evaluations for each regular fulltime and regular part-time employee in their department through the development of a department
level policy. Once completed, the evaluation form shall be signed by the evaluated employee and
shall be filed in the employee’s personnel record as a permanent document.
4.8 PERSONNEL FILES
Personnel records are maintained for all employees of the Town. Employee personnel files are
considered confidential documents, with some exceptions. Only those persons with the right to
know or the need to know may have access to the personnel files in accordance with Maine State
Statutes: Title 26 Section 631 and Title 1 Section 402.
An employee may review their file, in the presence of a Human Resources staff member or
Department Head by appointment. Employees must submit a written request to view their
personnel records and set up an appointment for such a review in advance.
The Americans with Disabilities Act (ADA) requires employers to protect employee medical records
as confidential. These employee medical files are stored in a safe, locked, inaccessible location.
No department is to retain any employee’s medical information without Town Manager approval.
All polygraph tests and psych exams administered by the Police Department, whether for preemployment screening, internal affairs inquiries, or criminal investigations, shall be retained in a

Page 25 of 87

secure, confidential file within the department. Access to these results is strictly limited to
authorized personnel and handled in accordance with applicable state and federal confidentiality
laws. Polygraph records will not be released to outside agencies or individuals except as required
by law or with the explicit, written consent of the subject.
4.9 SEPARATION FROM EMPLOYMENT
Separation of employment from the Town of Cape Elizabeth may occur under various
circumstances, including voluntary resignation, retirement, involuntary termination, or layoff. This
policy outlines procedures and expectations related to each type of separation.
Voluntary Resignation
Employees may resign from their position at any time. The Town requests that employees provide
at least fourteen (14) calendar days’ written notice of resignation. Vacation or other paid leave may
not be used to satisfy the notice period without Department Head and Town Manager approval. The
Town reserves the right, at its discretion, to waive all or part of the notice period and require the
employee to separate from employment immediately or on an earlier date than provided in the
notice. Prior to departure, an exit interview may be conducted, including a checklist to ensure all
Town property is returned and the employee receives appropriate separation information. The
completed checklist will be placed in the employee's personnel file.
Retirement
Employees eligible for retirement under the Town-sponsored retirement plan and/or Social Security
are encouraged to notify the Town at least thirty (30) calendar days in advance of their intended
retirement date. An exit interview and checklist may be conducted, similar to the resignation
process, and the checklist will be included in the personnel file. Vacation or other paid leave may
not be used to satisfy the notice period unless approved by the Town Manager.
Involuntary Termination
Involuntary termination is initiated by the Town and may occur due to, but not limited to, poor
performance, insubordination, misconduct, violation of Town policies, or other job-related issues.
All involuntary terminations will be authorized and administered by the Town Manager.
Final Pay and Exit Procedures
Upon separation, all earned wages and allowable accrued leave balances will be paid to the
employee, with any outstanding debts or obligations to the Town deducted as permitted by law.
Final pay will be processed in the following regular pay period. The Town Manager or Human
Resources may conduct a final exit meeting to collect Town property and review post-employment
information. If applicable, benefits continuation information under COBRA (Consolidated Omnibus
Budget Reconciliation Act) will be mailed to the employee’s home address.
4.10 REFERENCES
It is the Town’s policy to only provide date of hire, date of termination or resignation, title, and
terms of employment to potential future employers. All requests for references must be referred to
the Human Resources Department. No supervisor is authorized to give information about current
or former employees without prior approval from the Town Manager.

Page 26 of 87

4.11 COMPENSATION
It is the goal of the Town to compensate employees on an adequate and equitable basis
commensurate with wages and benefits for comparable work in similarly sized municipalities and
the area labor market.
4.12 RECOGNITION OF PRIOR EXPERIENCE
The Town Manager or designee may approve a wage and/or vacation accrual rate that considers
years of relevant work experience and education during the hiring process in accordance with the
Town’s compensation structure.
5. DISCIPLINE AND DISPUTE RESOLUTION
5.1 DISCIPLINE STATEMENT
The Town of Cape Elizabeth is committed to maintaining a fair, respectful, and productive
workplace. Supervisors are expected to address performance or conduct issues promptly and to
apply corrective action in a manner that is consistent, impartial, and compliant with Town policies,
the Town Charter, and all applicable state and federal laws.

Proposed Language:
The nature of the services provided by the various departments of the Town of Cape
Elizabeth places a high degree of responsibility upon all employees of the Town.
Employees’ actions have a direct influence upon the quality of service provided. This
section is intended to establish consistent guidelines to protect the interests of employees
and the Town of Cape Elizabeth, should it become necessary to consider an employee for
disciplinary action.
Discipline & Corrective Action
An employee may be given a written reprimand, suspended, demoted, otherwise
disciplined or dismissed for cause. Except where immediate action is required, an
employee will be given written notice of the proposed discipline and the reasons for it prior
to the effective date of such discipline. In the event of an unpaid suspension, demotion or
dismissal, an employee will have the opportunity to meet with the Department Head or
other supervisor on whose decision the discipline is based to discuss the proposed
discipline before the effective date, except in circumstances warranting immediate action;
in that case, an employee may first be placed on paid administrative leave. The authority to
discipline, demote and discharge shall rest with the Town Manager. The Town Manager
may delegate authority to take initial disciplinary action to Department Heads for
employees under their supervision. The Town Manager shall report all dismissals to the
Town Council.
The Town generally follows the principles of progressive discipline. However, the
Department Head or designee has the right to determine the appropriate level of discipline,
taking into consideration the incident, the employee’s history or responsibility of their
position, and any local, state, and federal laws, rules and/or guidelines.

Page 27 of 87

Disciplinary action may consist of the following:
A. Verbal Warning – A verbal reprimand may be necessary to correct an
employee’s work performance, minor infractions of departmental rules or
regulations, or minor instances of inappropriate employee conduct. The
Department Head or designee shall document the verbal warning and forward
the documentation to Human Resources for retention in the employee’s
personnel file. The employee’s signature does not acknowledge agreement with
the reprimand but only that the employee has reviewed it. The employee may,
within five (5) workdays, prepare a written response, which will be attached to
the written reprimand placed in the personnel file.
B. Written Warning – An employee may be given a written warning that will state
the nature of the unsatisfactory performance and what improvement is
expected. The Department Head or designee shall review the incident with the
employee, have the employee sign the written warning, and forward the written
warning to Human Resources for retention in the employee’s personnel file. The
employee’s signature does not acknowledge agreement with the reprimand but
only that the employee has reviewed it. The employee may, within five (5)
workdays, prepare a written response, which will be attached to the written
reprimand placed in the personnel file.
C. Unpaid Suspension – An employee may be suspended without pay when the
employee’s work performance or misconduct warrants. A record of the
suspension shall be included in the employee’s personnel file.
D. Demotion – An employee may be demoted when the employee’s work performance or
misconduct warrants.
E. Dismissal – An employee may be dismissed when the employee’s work
performance or misconduct warrants.
Grievance Procedure
A.

An employee other than a Department Head who is aggrieved by the action of a
Department Head under a specific section of the Town Charter, or the Personnel
Manual may file a complaint with the Town Manager. The complaint shall be filed in
writing within 10 calendar days of the time that the employee knew or should have
known of the event giving rise to the complaint. The written complaint shall contain a
statement of the action about which the employee complains and the section of this
chapter that the employee believes has been violated. Decision to demote or
dismiss an employee shall not be subject to grievance.
(1) The Town Manager shall conduct an informal hearing on the complaint within
15 calendar days of the date it was filed, unless the Town Manager or
designee, or the aggrieved employee requests, and both parties agree to an
extension of time. The aggrieved employee shall have an opportunity to
present their complaint and to question the Department Head and any adverse
witnesses. The Town Manager or designee shall render a decision in writing,
giving reasons for their decision and making findings of fact, within 10 calendar

Page 28 of 87

days after the hearing concludes. The Town Manager’s decision is final and
binding.
B.

Department Head appeals. A Department Head who is aggrieved by the action of
the Town Manager under a specific section of the Town Charter or the Personnel
Manual may file an appeal with the Town Council. The appeal shall be filed in
writing within 10 calendar days of the time that the employee knew or should have
known of the event giving rise to the appeal. The written appeal shall contain a
statement of the action being appealed and the section of the Town Charter that
they believe has been violated. The Town Council shall conduct a hearing within 15
calendar days of the date the grievance was filed, unless the Council requests and
the Department Head agrees to an extension of time. The aggrieved Department
Head shall have an opportunity to present their position, including the right to
present witnesses, and to question the Town Manager and any adverse witnesses.
The Council shall render a decision in writing, giving reasons for its decision and
making findings of fact, within 10 calendar days after the hearing concludes.

C.

The final written decision in any disciplinary action shall be confidential except to
the extent the Freedom of Access law, 1 M.R.S.A. § 401, et seq., requires the
decision to be a public record.

6. TECHNOLOGY
6.1 TECHNOLOGY USE
This policy governs the use of the Town’s electronic communications and information
systems by Town employees, elected officials, and appointees. All communication
systems, computer equipment, mobile devices, software issued by the Town to
employees, and all information transmitted by or stored in these systems are the
property of the Town.
The Town retains control, custody and supervision of all computers and networks
owned or leased by the Town. As such, users should have no expectation of privacy in
connection with the use of said equipment and/or networks. The Town reserves the right
to monitor and remove any hardware, software, data, e-mails, social media content, files
or settings on computer systems or devices when deemed appropriate.
Users shall not access messages or information using another employee’s password
without permission of the Town Manager. Unauthorized duplication, dissemination,
removal, installation, alteration of files, passwords, programs, or other property of the
Town is prohibited.
Personal Use
The Town understands the occasional need for and will permit incidental use of Town
equipment for personal use within the guidelines of this policy. The usage must not

Page 29 of 87

preempt Town business, must not take up an excessive amount of the employee’s work
time, and must not violate this or any other policy of the Town of Cape Elizabeth.
Users shall not use Town equipment for personal business interests, for profit or non-profit
ventures, for political activities related to a Town office, or in any other way that violates a
Town policy or directive of the Town Manager or the employee’s Department Head.
Questions about whether a use is appropriate should be forwarded in writing to the Town
Manager for a determination.
Software, Hardware, and Games
All software and hardware required for employees to perform their job will be provided and
installed by the Town. Requests for new hardware or software should be made to the
employee’s Department Head. Games are inappropriate in a business environment and
may not be downloaded or played on Town equipment and are prohibited. Downloads,
software, or hardware which have not been approved by the Department Head or IT
Administrator may compromise the integrity of the Town’s systems and are therefore
prohibited.
E-Mail
This section relates to both business and personal e-mail sent from and received by a Town
computer. The Town provides users with an e-mail address for work-related use. Personal
use of the Town’s e-mail address is not permitted. A user’s personal e-mail shall not be
used to conduct Town business. Any transaction of public business over private e-mail may
still be subject to the Freedom of Access Act (FOAA). Never transmit an e-mail you would
not want made public. Users should not expect privacy in any activity conducted on a Town
e-mail. Members of boards and committees should be careful to avoid any deliberation or
substantive discussion of board or committee business by e-mail as it may violate Maine’s
Freedom of Access laws. All e-mails must comply with Town policies. Notwithstanding the
Town’s right to retrieve and read any message or information sent through or stored on the
Town’s systems, such messages or information should be treated as confidential by other
users and accessed only by the intended recipient. Users should not attempt to gain
access to another employee’s messages or information unless directed to do so by the
Department Head or Town Manager.
Storing and Transferring Documents
Electronic documents, including e-mails, electronic communication and town-related
materials should be stored on the Town’s network in accordance with state record
retention rules. Incidental communication, which is not an official record or transaction of
Town business, should be deleted as soon as it is no longer needed. Documents or
electronic communications classified as protected or private information under data
practices requirements should be stored separately from other files whenever possible or
given a unique identifier to help ensure that no confidential communication is erroneously
provided upon public request. Any questions regarding whether an electronic
communication or other document is a government record for purposes of records

Page 30 of 87

retention laws or is considered protected or private under data practices should be referred
to the Department Head or Town Manager. Note that from time to time, the Town Manager
or IT Administrator may direct employees to follow certain document storage protocols;
these must be followed.
Internet
The following considerations apply to all uses of the Internet whether business or personal.
The Town provides Internet access to users for Town business. Occasional personal
use of the Internet is acceptable within the bounds of all Town policies. Users may not at
any time access inappropriate sites using Town equipment or systems. Some examples of
inappropriate sites include but are not limited to adult entertainment, sexually explicit
material, material advocating intolerance of other people, races or religions, gambling
sites, and sites involving any illegal content or activity. This prohibition includes such
information accessed through social media sites such as Facebook, X, and Instagram. If
they are unsure whether a site may include inappropriate information, they should not visit
it. No software or files may be downloaded from the Internet unless approved in advance by
the Department Head or Town Manager.
Passwords and Physical Security of Equipment
The IT Administrator is responsible for assigning and maintaining computer passwords.
Passwords should not be shared under any circumstances. If it is necessary to access an
employee’s computer when they are absent, contact the Department Head or Town
Manager for permission. Passwords should not be stored near an employee’s computer. If
possible, log out of their computer whenever they are out of their office, and do not leave
Town equipment unattended at any off-site facility.
6.2 SOCIAL MEDIA POLICY
The Town of Cape Elizabeth recognizes that social media can be a valuable way to
communicate with members of the community and relay important information to the
public. Social media includes websites such as Facebook, X, Bluesky, Instagram, LinkedIn,
Snapchat; blogs, and/or any other website where one posts or communicates
information in a public or quasi-public online forum (including web based and app based).
Official Town Representatives.
The Town has its own social media presence and only certain, designated employees will be
asked to create and/or maintain the Town’s social media profiles. An employee may act on
behalf of the Town in the social media context only with express authorization from the Town
Manager. Any and all content created for or on the Town’s social media accounts and systems,
and the accounts themselves, are property of the Town. The Town has ultimate discretion over
the content posted on its social media accounts and may remove or alter content at any time.
This policy also applies to the Town’s website and electronic systems.

Page 31 of 87

Use during working hours.
The Town understands that employees are free to create and maintain personal social media
profiles during non-work hours and on non-work equipment. Employees generally may not
access social media websites for personal use during work time regardless of whether it is on a
Town device or a personal device (including but not limited to iPhones, cell phones, iPad,
tablets, laptops, or equivalent devices), unless authorized to do so by a supervisor. Social
Media Presence outside of work.
Employees should understand that even when they are engaging in off-duty conduct, including
use of social media sites, their actions, words and behavior may reflect upon themselves and
the Town. When and if an employee makes any Town-related comment on his/her personal
social media, the employee should make it clear that the comment is made in his or her
personal capacity and not as a representative of the Town, or on behalf of the Town.
All other policies apply.
The Town expects employees to comply with all applicable employment policies, including the
Town’s harassment, discrimination, bullying, and confidentiality policies, when using social
media. Employees should therefore refrain from making discriminatory, harassing, threatening,
violent, abusive or obscene related comments in any way to their employment, or publicizing
any confidential information which he/she may have access to due to employment with the
Town.
Employees’ Rights.
This policy in no way restricts, or should be construed to restrict or inhibit, employees’ rights to
engage in protected concerted activity, such as discussing wages, hours, or other working
conditions, through social media, or other forms of protected free speech, including political
speech, as permitted by law.
6.3 ETHICAL USE OF ARTIFICIAL INTELLIGENCE (AI)
To ensure Town employees use AI tools (e.g., generative AI, machine learning, chatbots, decisionsupport systems) lawfully, ethically, securely, and transparently, consistent with the State of
Maine’s GENAI Policy and Maine’s Freedom of Access Act (FOAA), 1 M.R.S. §§ 401–414.
Who Must Comply
All Town employees, volunteers, contractors, and vendors who use, procure, manage, or are
materially affected by AI tools on behalf of the Town.
Core Expectations
● Follow the full AI Policy. Read it, complete the required training, and comply with all

procedures.
● Keep a human in the loop. Employees remain responsible for decisions; AI outputs must be
reviewed and validated.
● Protect confidential data. Do not enter protected or sensitive information (e.g.,
Personnel/GA records, attorney-client privileged material) into public or unapproved AI
tools.

Page 32 of 87

● Be transparent. Follow required disclosure language when AI interacts with the public or

informs high-impact decisions.
● Retain records. Treat prompts, model outputs, logs, and related documentation as public
records subject to FOAA and Town/State retention schedules. Direct FOAA requests to the
Town Clerk (FOAA Officer).
● Use approved tools only. Moderate or high-risk AI systems require prior review/approval.
● Report issues. Promptly report suspected bias, security incidents, data leakage, or misuse
to your supervisor, IT/InfoSec, or the AI Governance Committee.
Quick “Do / Don’t” List
Do
● Sanitize or anonymize data wherever possible.
● Confirm facts, calculations, and legal references independently.
● Follow procurement, contracting, and records retention procedures.
Don’t
● Paste confidential, regulated, or privileged information into public AI tools.
● Allow AI to make or materially influence high-impact decisions without human review and
required approvals.
● Use AI to create deceptive content, deepfakes, or discriminatory outcomes.
Approvals & Oversight
● Town Manager and IT Director reviews and approves moderate/high-risk AI systems, sets
testing/monitoring standards, and may suspend systems if risks arise.
● IT/Information Security & Legal: Must review procurement, contracts, and security/privacy
controls for AI systems.
● Department Heads/System Owners: Ensure compliance, complete risk assessments (e.g.,
Algorithmic Impact Assessment), provide training, and monitor performance.
Training
Employees who use or supervise AI tools must complete mandatory annual training.
Department Heads must ensure their teams complete any additional training required by the
AI Policy.
Records, FOAA, & Retention
AI prompts, outputs, model logs, and related documentation may be public records.
Employees must coordinate FOAA requests with the Town Clerk (FOAA Officer) and follow
applicable records retention schedules.
Enforcement
Violations of this section or the full Ethical Use of AI Policy (being created) may result in
disciplinary action, up to and including termination, contract termination, restitution, and/or
legal action.
Cross-References
●
●
●
●

Ethical Use of Artificial Intelligence (AI) Policy (Being created)
Confidentiality & Records Policies
Cybersecurity/Information Security Policies
FOAA / Public Records Policy

Page 33 of 87

● Records Retention Schedules (State of Maine & Town)

SECTION 7: WORK RULES
7.1 WORKWEEK
The Town’s workweek begins Sunday at 12:00 a.m. and ends Saturday at 11:59 p.m. The actual
workday starting and finishing times may vary from department to department and are to be
established by the respective Department Heads, subject to the approval of the Town Manager,
and may be changed at any time. The sole consideration for determining the hours shall be the
needs of the public and the Town's ability to pay for staff to meet them.

7.3 BREAKS
Daily work breaks for hourly and salary non-exempt paid employees shall be administered in
accordance with the following guidelines:
● At a minimum, employees who work six (6) hours or more per day shall be eligible for a
thirty (30) minute paid meal break, unless an employee wishes to waive their lunch breaks
in writing.
● Employees who work twelve (12) hours or more per day shall be eligible for a thirty (30)
minute paid meal break and a thirty (30) minute unpaid meal break.
● Employees who work less than six (6) hours per day shall not be eligible for any paid meal
break times.
● Coffee breaks or other brief rest periods and actual break times shall be subject to approval
by the Department Head, giving due consideration to the needs of the Town, its customers
and other employees. Break times shall be taken so as to minimize any inconvenience to
the public and other employees who may require assistance. As such, they are not
automatic events to be taken at an employee’s discretion.
● Meal breaks that are not paid may be taken away from the workplace if time allows, but all
other breaks shall be subject to the discretion of the Department Head.
● Unused break time shall not be accumulated as leave.
7.4 RECORDING TIME WORKED
All non-exempt hourly and salaried employees are required to submit accurate timecards weekly
detailing their activities (including absences), which will be reviewed and approved by the
Department Head or other supervisory personnel. Employees going on vacation or extended leave
should submit timecards in advance.
Timecards are official instruments; altering, falsifying, or in any way tampering with them may
result in disciplinary action up to and including termination. Time must be recorded as actual time
worked. All employees use the town-approved timekeeping software or approved Town of Cape
Elizabeth timesheets. Employees may not allow other employees to complete their timecards.

Page 34 of 87

Exempt Salaried- Exempt salaried employees receive a fixed salary based on their job duties, not
on hours worked. Time off must be reported to the payroll department. Upon request, salaried
employees must be able to provide records of their hours worked as well as any vacation or sick
leave taken.
7.5 PAY CHECKS
All employees are paid by mandatory direct deposit weekly on Thursdays for the pay period ending
the previous Saturday. If Thursday is a holiday, employees will normally be paid on Wednesday of
that week.
Payroll deductions and direct deposit shall be authorized in writing by each employee.
The Town follows IRS guidelines and rules for Tax Withholding Forms (Federal W-4 and Maine
Withholding). It is the employee’s responsibility to determine and elect the appropriate tax
withholding from wages.
7.6. ABSENCES
If employees are unable to work or will be arriving late due to unforeseen circumstances, they must
notify their supervisor at least 30 minutes before the start of their workday, absent extenuating
circumstances.
Failure to notify the Town of the reason for an absence that exceeds two (2) consecutive work days
may be considered a voluntary termination.
If an employee is absent from work or unable to work due to medical reasons, the Town reserves
the right to require that the employee presents, prior to returning to work or resuming work, a
written statement signed by their health provider (or the Town’s designated health care provider)
verifying the medical basis of their absence or inability to work and / or that the employee is fit to
resume their regular work schedule and duties.
7.7 TARDINESS
Employees are expected to arrive in time for the start of their workday, and repeated failure to do so
may result in disciplinary action up to and including termination.
7.8 OVERTIME
Overtime for non-exempt employees is calculated on a per-workweek basis and is paid at one and
one-half times the employee’s regular rate for all hours worked over 40 in that workweek,
consistent with federal and state law. To compute an employee’s eligibility for overtime, vacation,
sick, and holidays are considered hours worked, unless called back into work.
All overtime must be approved and assigned in advance by the appropriate Department Head and
working overtime as required is expected of all employees of the Town.
Exempt salaried employees are not eligible for overtime compensation.
7.9 COMPENSATORY (COMP) TIME
With prior agreement, non-exempt employees may accrue compensatory time (“comp time”) for
hours worked beyond their normal scheduled hours in a workweek. Comp time accrues hour-for-

Page 35 of 87

hour for additional hours that do not exceed 40 total hours in the workweek, and at 1.5 hours per
hour for FLSA overtime (hours over 40); if comp time is not elected or available, overtime is paid at
time-and-a-half.
The maximum comp time balance is 40 hours; once this cap is reached, additional hours are paid
under wage laws (straight time up to 40 hours; time-and-a-half over 40). Comp time is scheduled
by the Department Head to meet operational needs and should ordinarily be used in the pay period
earned; with a written request, up to 40 hours per calendar year may be used outside the pay
period earned. Planned use requires supervisor preapproval, which will not be unreasonably
denied.

7.10 ACTING CAPACITY
Acting pay may be awarded to a non-union staff member who has temporarily assumed significant
responsibilities of a higher level job. These responsibilities are usually performed in addition to a
staff member’s primary duties.
7.11 FLEXIBLE SCHEDULES
Salaried employees who are exempt employees and not entitled to overtime pay shall accomplish
the work assigned to the position regardless of the hours required to do the work, within reason.
Consequently, salaried exempt employees are generally afforded greater flexibility and discretion
in their hours of work. Salaried exempt employees who find they are consistently working more
than 40 hours per week should notify their supervisor to review their workload.
Subject to advance Department Head approval, a non-exempt employee may “flex” their time
within a single workweek when it will not adversely impact service to citizens or create a burden for
other employees. Flexing time has the advantage of enabling employees to avoid exceeding the
number of hours budgeted for the position or incurring overtime. For example, working late one day
and leaving early later in the same workweek. Hours shall not be flexed over a two-week period.
It is the responsibility of each Department Head to ensure that the department’s work hours are
adhered to by all employees and to review employee job duties as needed to ensure employee
workloads are reasonable and distributed as evenly as possible.
7.12 CELL PHONE AND PERSONAL ELECTRONIC DEVICES
This policy outlines the appropriate use of provided or personal cellular phones and other personal
electronic devices while at work and the safe use of cellular phones while operating Town vehicles
and equipment.
The use of handheld cellular telephones, including text messaging, while operating a Town vehicle
or equipment is prohibited. The use of hands-free cellular phones is not in violation of this policy
unless otherwise prohibited by law.
Although we allow employees to bring their personal cell phones and other personal electronic
devices to work, we expect employees to keep personal phone calls, text messages, and emails to
a minimum. While occasional, brief phone calls are acceptable, using social media and making
frequent or lengthy personal calls and texts while working can affect productivity and disturb

Page 36 of 87

others. For this reason, employees should silence cell phone ringtones when working in shared
spaces and should avoid using cell phones in the presence of the public and coworkers (phone
usage for work purposes is an exception). Employees are expected to plan cell phone use to
coincide with non-work time, such as breaks.
Text messaging is a convenient and valuable business tool when used properly. As with sending emails, however, employees are expected to use discretion and good judgment when sending text
messages. As with email and other documents related to Town business, text messages may be
subject to Maine’s Freedom of Access Act (FOAA). Sending text messages of a confidential or
inappropriate nature should be avoided. If non-exempt employees respond to texts, emails, or
calls outside of regular working hours, their time must be compensated.
Employees who willfully violate this policy are subject to disciplinary action for flagrant or
continuous non-compliance to include having cellular phone or personal electronic device
privileges revoked while working. Use of a cell phone or personal electronic device for work related
activities outside of normal work hours may be considered time worked. Employees who wish to
access work email or who receive a cell phone allowance should consult with their managers
regarding the nature of work performed on their cell phone.
See Appendix B for the Town Reimbursement Policy.
7.13 PROFESSIONAL APPEARANCE AND DRESS CODE
All employees must present a professional image that supports safety, productivity, and public
trust, while allowing reasonable flexibility for job-specific needs and legally protected
accommodations.
Employees must maintain good personal hygiene and wear attire and footwear that are neat, clean,
safe, and appropriate for:
● The work being performed;
● The setting in which the work is performed; and
● Reasonable professional norms for municipal service.

Natural and artificial scents must be minimized to maintain a well-functioning, inclusive
workplace.
SECTION 8: LICENSING, EDUCATION, AND TRAINING
The Town of Cape Elizabeth strives to support employee competence, compliance, and
professional growth in a way that benefits the Town and the public. This applies to all Town of Cape
Elizabeth employees unless a collective bargaining agreement (CBA) provides otherwise. Where a
CBA conflicts, the CBA governs.
8.1. LICENSES AND CERTIFICATIONS (REQUIRED FOR THE JOB)
1. Maintenance & File Copy- Employees whose positions require a license or certification
must keep it current and on file with the Department Head. Employees must notify their

Page 37 of 87

Department Head in writing at least 30 days before an expected lapse, renewal, or change
in status.
2. Town Support- With prior approval and subject to budget, the Town pays costs reasonably
necessary to maintain required licenses/certifications (e.g., renewal fees and mandatory
continuing education).
3. Compliance- Failure to maintain required credentials may affect assignment, pay eligibility,
and employment status, up to and including discipline per Town policy.
8.2. TRAINING PLANS & REQUIRED TRAINING
1. Annual Training Plan- As part of the annual performance evaluation, each Supervisor and
employee will identify a training plan addressing technical skills, safety, compliance, and
development needs tied to job duties and service goals.
2. Work Time & Pay- The Town provides release time for training that it requires. Required
training outside an employee’s normal schedule will be paid time (or comp time for eligible
employees), administered in accordance with the Fair Labor Standards Act (FLSA) and
Town overtime/comp-time policies.
3. Town-Funded Costs- Fees and reasonable expenses for required training are paid by the
Town, subject to pre-approval and budget.
8.3. OPTIONAL/EMPLOYEE-INITIATED EDUCATION & TRAINING (JOB-RELATED)
Eligibility- Regular employees may request Town support for training or education that is not
mandated but is directly job-related and provides a clear, immediate benefit to the Town.
Pre-Approval- Submit a request to the Department Head before enrollment (program/course
description, dates, costs, and the job-related benefit). Department Heads may approve within
budgeted authority; the Town Manager approves requests that exceed department authority or
involve out-of-state travel.
Time Status- Time spent on optional training is not compensable unless expressly approved as
work time in advance.
Reimbursement – Track 1 (Non-credit courses, seminars, and job-related training).
● Annual cap up to $500 for tuition/registration and required materials.
● Reimbursed upon proof of completion/attendance (or a passing standard if applicable).

Reimbursement – Track 2 (Credit-bearing coursework).
● Credit-bearing coursework (degree, certificate, or credit course directly related to the

current role or a foreseeable Town need) reimbursed at no more than the University of
Southern Maine resident per-credit rate for comparable level courses, up to 15 credit hours
per fiscal year.
● Minimum grade of “C” or “Pass” required for reimbursement.
● Written approval from the supervisor and Town Manager is required prior to course start.

Page 38 of 87

Funding Limits & Taxes: Approval is contingent on available budget. Reimbursements are
administered in accordance with applicable tax law.
No Automatic Advancement: Completion of optional training does not, by itself, entitle an
employee to a pay increase, reclassification, or promotion.
Repayment Obligation (12-Month, prorated; Track 2 only): Employees who voluntarily separate
from Town employment within 12 months after receiving reimbursement for credit-bearing
coursework must repay 50% of the reimbursed amount, unless waived by the Town Manager for
good cause. Repayment is not required when separation is due to layoff/position elimination,
documented medical inability to work, military orders, or other non-disciplinary, Town-initiated
separations.
8.4. CONFERENCES AND TRAVEL
Attendance at out-of-state conferences must be authorized by the Town Manager, subject to
budget, travel procedures, and any conditions set at approval (e.g., cost caps, post-conference
reporting).
8.5. DOCUMENTATION & RECORDS
Employees must submit proof of completion (grade reports, certificates, CEU records, licenses)
within 30 days of course completion for reimbursement and records retention. Departments
forward credential updates to the Town Manager’s Office file.
8.6. ADMINISTRATION & EXCEPTIONS
Department Heads administer this policy within their areas and ensure consistent application. The
Town Manager may approve reasonable exceptions when in the Town’s best interest.
SECTION 9: EMPLOYEE LEAVE
9.1 OVERVIEW
Employees are responsible for planning and managing their leave time (e.g., vacations,
appointments, personal matters) and should retain some time for unexpected events (e.g., illness,
emergencies).
Accrual during extended absences: Except for military leave, employees who are out of work more
than twelve (12) weeks annually and have exhausted vacation and sick leave will stop accruing
vacation, sick leave, and holiday pay until they return to work.
Collective bargaining: If any provision in this handbook conflicts with a collective bargaining
agreement, the collective bargaining agreement governs.
9.2 HOLIDAYS
The Town observes the following paid holidays:
● New Year’s Day (January 1)
● Martin Luther King Jr. Day (3rd Monday in January)
● Presidents’ Day (3rd Monday in February)

Page 39 of 87

●
●
●
●
●
●
●
●
●
●
●
●

Patriots’ Day (3rd Monday in April)
Memorial Day (last Monday in May)
Juneteenth (June 19)
Independence Day (July 4)
Labor Day (1st Monday in September)
Indigenous Peoples’ Day (2nd Monday in October)
Veterans Day (November 11)
Thanksgiving Day (4th Thursday in November)
Day after Thanksgiving
Christmas Eve (½ day, December 24)
Christmas Day (December 25)
New Year’s Eve (1/2 day, December 31st)

Eligibility and pay- Holiday pay begins on the first day of employment for full‑time employees and
for part‑time employees regularly scheduled for fifteen (15) or more hours per week. Holiday pay is
provided only when the holiday falls on the employee’s regularly scheduled workday, in the amount
of the hours the employee is scheduled to work that day. Employees who are not scheduled to
work on the holiday will receive a floating holiday of equivalent hours, which must be used within
the week before or after the holiday. Use of floating holiday time is subject to approval by the
employee’s department head. The half day Christmas Eve and New Year’s Eve holiday are to be
observed only when the actual Christmas Day and New Year’s Day holiday falls on Tuesday,
Wednesday, Thursday, Friday, or Saturday and the employee is scheduled to work. Part‑time
employees not scheduled to work on the holiday are not paid for the holiday.
Working on a holiday (hourly employees). Hourly employees required to work on a Town holiday are
paid time‑and‑one‑half for all hours worked on a holiday.
ADD EPL STATEMENT? Add 9.3 - EPL
9.3 VACATION
Accrual (full‑time, 40‑hour equivalent). Vacation is earned from the first day of employment as
follows:
Service Period
Hours/Year
Accrual (Hours/Week)
Hire date through 5th
96
1.84
anniversary
5th through 14th
136
2.61
anniversary
14th through 19th
176
3.38
anniversary
19th anniversary and
192
3.70
beyond
*Regular part‑time employees accrue vacation on a pro‑rata basis (hours worked ÷ 40).
Use and scheduling. Vacation may be taken only as accrued and requires prior approval by the
Department Head (Town Manager for Department Heads). Vacation may be used if sick leave is

Page 40 of 87

depleted or for other emergencies not otherwise covered. If an employee becomes ill during an
approved vacation, the Town may, at its discretion, allow reclassification of the affected time to
sick leave with appropriate documentation. If a holiday occurs during an approved vacation, it is
not charged as vacation.
Carryover- Up to ten (80) Hours may be carried into the next calendar year. Any additional carryover
requires Department Head and Town Manager approval and a documented plan to use the excess
time.
Limits during Workers’ Compensation- Vacation does not accrue after one (1) year of continuous
absence due to a Workers’ Compensation injury.
Payout at separation- Accrued, unused vacation is paid to an employee minus any outstanding
debts at separation or to the employee’s beneficiary/estate upon death.
**For compliance purposes, the first forty (40) hours of earned accruals used each year are
designated as MEPL for all Employees.**
9.5 SICK LEAVE & FAMILY SICK LEAVE
Accrual- Regular employees accrue sick leave at one 8 hours per calendar month, up to 1,120
hours maximum. Regular part‑time employees accrue on a pro‑rata basis. Temporary, On-Call,
Variable Hour Part Time, Per Diem, Seasonal, Contract, and Interns are not eligible to accrue sick
time, unless otherwise defined in a CBA or Contract.
Permitted uses- Personal illness or injury; medical appointments; qualifying Family and Medical
Leave; approved Family Sick Leave. Sick leave is charged consistent with the employee’s regular
schedule. Absence on paid sick leave does not break service.
Stay-home requirement (contagious illness)- Employees must not report to work when they are ill
in a way that could endanger their health or that of others. Employees should stay home (or leave
work, with supervisor approval) if they have symptoms reasonably consistent with a contagious
illness. If an employee comes to work ill or becomes ill while at work, the supervisor should send
the employee home. Employees will use their accruals for this time, and if none available, it will be
unpaid.
Family Sick Leave- Employees may use accrued sick, vacation, or compensatory time to care for a
child, spouse, or parent who is ill. Employees may choose which paid leave to apply.
Documentation- The Town Manager or Department Head may require a doctor’s note or other
reliable medical evidence to support use or continuation of sick or family sick leave.
Sick leave payout at separation (good standing)- After ten (10) years of service: one‑third (⅓) of
accrued sick leave, up to forty (40) days, at final base rate. After fifteen (15) years of service:
one‑half (½) of accrued sick leave, up to sixty (60) days, at final base rate.
9.6 BEREAVEMENT LEAVE
Paid bereavement leave is granted as follows:

Page 41 of 87

● Up to five (5) days for the death of a spouse, domestic partner, child, parent, stepparent,
stepchild, child of a domestic partner, sibling, or any individual residing in the same household
as the employee.
● Up to three (3) days for the death of a grandparent, grandchild, or in-laws (mother-, father-,
sister-, or brother-in-law)
● One (1) day to attend the funeral of an aunt, uncle, niece, nephew, or first cousin.
The Town Manager may approve additional leave in unusual circumstances. Part‑time employees
scheduled fifteen (15) or more hours per week on a year‑round basis receive bereavement leave on
a pro‑rata basis. Proof of death may be required, may be taken within one year following the death.
9.7 JURY DUTY
Regular full‑time and part‑time employees called to jury duty receive full pay and benefits during
the service period. Employees must remit to the Town any reimbursements, excluding mileage
reimbursements, received from the court and report to work if released during their regular work
hours.
9.8 MILITARY LEAVE (USERRA)
The Town complies with all federal and state military leave requirements. Employees must provide
as much advance notice as possible and furnish orders showing the start and end dates of training
or service.
Paid differential. Full‑time employees receive the difference between their regular base pay and
military pay for up to two (2) weeks / ten (10) workdays per calendar year. Eligible part‑time
employees receive a pro‑rata differential. Employees returning from military leave are reinstated in
accordance with law.
9.10 EMERGENCY CLOSINGS
The Town does not typically close for inclement weather, power failures, or other emergencies.
Employees who believe remaining at work presents a safety risk may, with supervisor approval, use
available paid leave to leave or remain home.
When extreme conditions require closing during posted business hours, the Town Manager (or
designee) will determine closure times and identify essential positions required to work.
Employees who do not have the ability to work remotely will be paid for authorized closure time and
will not be required to use paid leave for hours scheduled during the closure. Pre‑approved paid
leave remains charged as scheduled.
SECTION 10: HEALTH & SAFETY
The Town is committed to a safe, healthy, and respectful workplace for employees and the public
we serve. The Town maintains a workplace health and safety program in compliance with the
Occupational Safety and Health Act (OSHA) and the Maine Department of Labor, Bureau of Labor
Standards (BLS), as applicable to Town operations. This policy applies to all employees (regular,
part-time, seasonal, temporary, per diem, and contracted personnel working on Town premises or
on behalf of the Town). Questions or safety concerns should be directed to a supervisor, a safety
committee member, or the Town Manager.

Page 42 of 87

10.1 ROLES & RESPONSIBILITIES
Town/Department Leadership
● Provide and maintain safe workplaces, equipment, and procedures; ensure compliance

with OSHA/Maine BLS and applicable fire/life-safety codes.

● Establish department-specific safety rules and required personal protective equipment

(PPE).

● Ensure employees receive required safety training and refresher training; documenting

attendance.
● Promptly correct identified hazards and investigate incidents through the Town’s postinjury response program.
● Conduct regular safety inspections/appraisals and participate in the Town safety
committee.
Supervisors
● Model safe work practices; reinforce safety expectations.
● Orient employees to job-specific hazards, PPE, emergency routes/equipment, and

reporting procedures.
● Verify employees use required PPE and follow lockout/tagout, confined space, and other
applicable safety procedures.
● Take immediate corrective action when unsafe conditions or behaviors are observed.
Employees
● Work safely, follow Town and department safety procedures, and use required PPE as

instructed.

● Keep work areas orderly and free of fire and trip hazards (“good housekeeping”).
● Report hazards, near-misses, injuries, illnesses, or unsafe practices immediately to a

supervisor, safety committee member, or the Town Manager without fear of retaliation.

● Maintain Town-issued safety gear in clean, sanitary, serviceable condition and request

replacement when worn or damaged.

Non-Retaliation: Employees who in good faith report hazards, injuries, or safety concerns or who
participate in an investigation are protected from retaliation.
10.2 SAFETY TRAINING & COMPLIANCE
Attendance at Town-required safety training is mandatory. Failure to follow safety rules or to attend
required training may result in corrective or disciplinary action, up to and including termination.
10.3 WORKERS’ COMPENSATION
A. Reporting & Immediate Care
Emergency care- If immediate medical attention is needed, the employee will be transported to the
nearest appropriate clinic or hospital emergency department.

Page 43 of 87

Designated provider - For follow-up after an ER/clinic visit or for any workplace injury/illness, the
Town may refer the employee to the Town’s designated health-care provider. Scheduling will be
handled by the Town within ten days at no cost to the employee. (This does not prevent the
employee from seeing their own provider at their own cost, including through their health
insurance.)
Incident reporting (24 hours)- All work-related injuries/illnesses no matter how minor must be
reported to the supervisor as soon as possible and within 24 hours.
Internal Report of Injury (48 hours)- The injured employee completes the Town’s Internal Report of
Injury; the supervisor signs it and forwards it to the Town Manager within 48 hours. Witness names
must be included.
Provider report (M-1)- After each medical visit, the employee must provide an M-1 Report
(completed by the treating provider) to their supervisor.
B. Wage Replacement & Supplemental Pay
Waiting period- Maine Workers’ Compensation has a seven (7)-day waiting period from the date of
incapacity. The Town will typically compensate for the first week of absence (waiting period) due to
a compensable injury/illness.
C. Leave Coordination, Benefits & Accruals
FMLA concurrency- If eligible, Workers’ Compensation absences run concurrently with federal
FMLA, Maine Unpaid Family Medical Leave., and Paid Family Medical Leave.
Health insurance premiums- Group health coverage continues on the same terms as active
employment; employees must pay their employee share of premiums. If on paid status (Vacation/
Sick/Comp time supplement), premiums are payroll-deducted; otherwise, employees must
arrange direct payment with the Town.
Accruals. Sick and holiday accruals do not continue beyond twelve (12) weeks of leave, consistent
with Section 9.1 (Accrual during extended absences) and Section 9.8 (Benefits and accruals).
Vacation limits during WC- Vacation does not accrue after one (1) year of continuous absence due
to a Workers’ Compensation injury. See Section 9.3 (Limits during Workers’ Compensation).
Participation in the Maine Public Employees Retirement System (MainePERS). While receiving
workers' compensation benefits, those employees who participate in MainePERS may request a
bill from MainePERS to pay their MainePERS contributions based on the wages portion of the
benefits received. If an employee does not pay the applicable contributions, the employee will
not receive any service credit associated with the workers’ compensation earnings for that
period.
E. Modified-Duty / Return-to-Work

Page 44 of 87

Modified-Duty objective- Where operationally feasible, modified, short-term, or early return-towork assignments (“Modified-Duty”) will be offered as a positive means of rehabilitation following a
compensable injury/illness. Any Modified-Duty assignment must align with documented medical
restrictions.
Identification of work- The Town Manager and the employee’s supervisor will review restrictions
and first look for suitable tasks within the employee’s department; if none exist, they may look
elsewhere in Town operations. If no Modified-Duty is available, the employee remains off work until
such work is available, restrictions change, or full duty is possible. The Town Manager (or designee)
will notify the employee regarding availability.
Duration- Modified-Duty is generally limited to thirty (30) working days and may be extended at the
Town Manager’s discretion based on medical evidence and rehabilitative progress; extensions are
reviewed weekly.
Fitness-for-duty- Before returning to full duty, employees must provide medical documentation
confirming their ability to perform essential job functions, with or without reasonable
accommodation, and specifying any restrictions/limitations.
Compliance- An employee who
(a) fails to return to work promptly after being released fit for duty, or
(b) violates medical restrictions while working for another employer during Workers’
Compensation, Paid Family Medical Leave, or Short-Term Disability leave, may be subject
to discipline, up to and including discharge.

10.4 FIRE SAFETY & EMERGENCY PREPAREDNESS
● Maintain clear egress routes; keep areas free of accumulations that could create fire

hazards.
● Store flammables and other regulated materials in approved containers/locations per code
and department procedures.
● Fire extinguishers are located in marked areas and inspected monthly; certification occurs
annually. Supervisors must show employees extinguisher locations, exits, assembly points,
and basic use, and ensure prompt reporting of any fire.
● Follow department emergency action plans (EAP), including evacuation, severe weather,
active threat, and communications procedures.
10.5 PERSONAL PROTECTIVE EQUIPMENT (PPE)
Employees must wear and use Town-provided PPE and protective clothing when required by policy,
training, signage, or supervisor instruction. Keep PPE serviceable and sanitary; request
replacements when worn or damaged. Do not bypass or disable safety devices.
10.6 Fitness for Duty Requirement

Page 45 of 87

The Town Manager or a Department Head in consultation with Human Resources may
require a medical examination or other assessment if they have reason to believe the
physical or mental condition of an employee is affecting the employee’s ability to perform the
duties of their position safely. Such examination will be with a medical provider designated by
the Town at no cost to the employee. If the employee is currently working, the employee may
be put on paid administrative leave pending the completion of the medical provider’s report.
An examination under this section is limited to whether the employee remains capable of
performing the essential functions of their position, with or without reasonable
accommodation, and without threatening the safety of the employee or the safety of others,
and with regard to the employee’s job description. If, as a result of the examination and/or
assessment, the Department Head or Town Manager concludes that the employee cannot
perform the duties of the position, with or without reasonable accommodation, or cannot
perform them safely, the Town shall take appropriate action, which may include meeting with
the employee to discuss options, a transfer to another position or duties, if one is available, a
leave of absence, termination or retirement. Other medical examinations or monitoring in
conformity with state or federal mandates may be required.

10.7 Pregnant Workers Fairness Act and Workplace Lactation Policy
The Town of Cape Elizabeth is committed to providing reasonable accommodations to
qualified employees or applicants who have known limitations related to, affected by, or
arising out of pregnancy, childbirth, or related medical conditions, unless the
accommodation will cause the Town an undue hardship. If an employee feels they may
require a reasonable accommodation pursuant to the Pregnant Workers Fairness Act in
connection with a known limitation, please contact the Labor and Employee Relations
Manager, or in their absence, the Town Manager, in order for the Town to review this
request and/or engage in the interactive process.
In addition, the Town supports mothers to express breastmilk or breastfeed their nursing
child in compliance with the Maine’s Law (26 M.R.S.A. § 604), Nursing Mothers in the
Workplace, and the Federal PUMP Act (Providing Urgent Maternal Protections for
Nursing Mothers Act).
We encourage employees and management to have a positive, accepting attitude toward
working women who are expressing breastmilk or breastfeeding their nursing child. We
support employees who are expressing breastmilk or breastfeeding their nursing child when
they return to work.
It shall be the policy of the Town of Cape Elizabeth to provide:
• Time to Express Milk or Breastfeed
Employees will be provided adequate break time to express breastmilk or to breastfeed
their child for up to three years following the child’s birth. The Town will allow flexibility in
the employee’s schedule with time to express milk or breastfeed. The time needed beyond
will be negotiated between the employee and their supervisor.
•

A Place to Express Milk or Breastfeed (Lactation Room)

Page 46 of 87

Employees will be provided with a clean room or other location, which is not a toilet stall or
bathroom, where an employee may express breastmilk or breastfeed their child in privacy.
The Town shall work with mothers and their supervisors to determine a secure and private
area for this purpose.
The Lactation Room will be:
• Private
• Equipped with an electrical outlet
• In close proximity to the employee’s work area when possible
• Furnished with comfortable seating and a flat surface for pumping equipment
• Well lit
• Comfortable temperature
• Atmosphere of Tolerance
Discrimination and harassment of employees that are expressing milk or breastfeeding their
nursing child in any form is unacceptable and will not be tolerated.
• Communication
Information about breastfeeding support after returning to work shall be provided to
employees prior to their maternity leave.
10.9 COMMUNICABLE DISEASE & PUBLIC HEALTH
Employees who have or become aware of conditions that could present a significant risk to
coworkers or the public must promptly notify their supervisor or the Town Manager’s Office. The
Town may require written clearance from a healthcare provider specifying any work restrictions.
Medical information will be kept confidential to the extent permitted by law. Employees should
follow Town public-health protocols (e.g., exclusion from work when ill, infection-control practices,
and any applicable federal/state/local guidance).
10.10 TOBACCO-FREE WORKPLACE (INCLUDING VAPING)
The Town maintains a tobacco-free environment in all municipal buildings and vehicles. Use of
tobacco products including cigarettes, cigars, pipes, chewing tobacco, e-cigarettes and vaping
devices is prohibited inside Town facilities and vehicles and within 20 feet of entrances, exits, and
vents. Employees may use regular breaks for tobacco use only in designated outdoor areas and are
not entitled to additional breaks. Dispose of tobacco waste properly. Violations may result in
discipline.
10.11 DRUG & ALCOHOL
General Standard: Employees must report to work fit for duty and remain fit throughout the
workday. The use, possession, sale, distribution, or manufacture of illegal drugs or alcohol on
Town property, at Town worksites, or while conducting Town business is prohibited.
● Impairing medications: Employees using prescription or over-the-counter medications that

may impair performance or safety must consult their healthcare provider/pharmacist and

Page 47 of 87

inform their supervisor if work restrictions or reassignment may be necessary. The Town
may require medical verification of fitness.
● DOT-covered/safety-sensitive positions: Employees in positions subject to U.S.
Department of Transportation regulations are required to submit to testing (preemployment, random, reasonable suspicion, post-accident, return-to-duty, and follow-up)
as a condition of employment. Alcohol use is prohibited within four (4) hours of performing
safety-sensitive duties.
● Reasonable suspicion/post-incident: Employees reasonably suspected of being impaired
will be removed from duty and may be required to undergo testing consistent with
applicable policies and law.
● Consequences: Violations are subject to discipline up to and including termination,
consistent with applicable policies and collective bargaining agreements.
Substance Use Testing (DOT): CDL/safety‑sensitive testing is governed by Appendix D: Alcohol &
Controlled Substance Abuse Testing Procedure and 49 CFR Parts 40 and 382. If there is any
inconsistency, Appendix D and the cited federal regulations control.
10.12 WORKPLACE VIOLENCE PREVENTION
Violence, threats, intimidation, harassment, sabotage, or behavior that suggests a propensity for
violence is strictly prohibited on Town property, in Town vehicles, at Town-sponsored events, or
while conducting Town business.
● Report immediately: If there is imminent danger, call 911, then notify the Town Manager’s

Office when safe to do so. Report restraining/protection orders that may affect workplace
safety.
● Response & confidentiality: The Town will promptly investigate and take appropriate
corrective action, while maintaining confidentiality to the extent possible and consistent
with safety and legal requirements. Retaliation for reporting is prohibited.
● Measures: Responses may include removal from the workplace, security measures,
reassignment, counseling, leave, and disciplinary action up to and including termination.
10.13 WEAPONS IN THE WORKPLACE
Except as required by official duties, employees may not possess, carry, conceal, display, use, or
threaten to use any weapon in Town buildings, on Town property, in Town vehicles, or while
conducting Town business.
● Personal vehicles: Employees may store a lawful weapon in a personal vehicle on Town

property only if it is not visible from outside the vehicle, is properly secured in accordance
with Maine law, and the vehicle is locked.
● Definition: “Weapons” include firearms and ammunition; knives with blades longer than
four inches and prohibited/spring-assisted knives; explosives; stun guns/tasers;
bows/crossbows; and other objects reasonably perceived as capable of causing harm.
● Consequences: Violations may result in disciplinary action, up to and including
termination.

Page 48 of 87

10.14 SEARCH OF PROPERTY
There are times when the Town must have access to items and space used by employees, and to
items which employees may bring onto Town property. It may be as simple as retrieving a file from a
vacationing employee’s desk or as significant as determining the presence of illegal substances or
weapons violations.
Although provided for the employee, all spaces and items remain the Town’s property, and
management personnel or their agents may inspect them and anything in them at any time, with or
without notice. Employees have no expectation of privacy regarding any Town property. While it is
preferable that the employee is present for the search, it is not required.

10.15 VIDEO/SECURITY SURVEILLANCE IN THE WORKPLACE

Subject to applicable laws, the Town of Cape Elizabeth reserves the right to install security
surveillance cameras for security or safety purposes in work-related areas and global positioning
system tracking or other safety devices, including security surveillance cameras, on Town-owned
vehicles. Reasons may include, for example, employee safety and security, theft protection,
protection of Town property, and related operational purposes.
Employees should not have an expectation of privacy in work areas or work-related areas. Video
surveillance cameras are never used in areas where employees would have a reasonable
expectation of privacy, such as restrooms or locker rooms. Employee privacy in such areas will
be respected to the extent possible.
The primary purpose of the video surveillance system is to allow the after-the-fact investigation
of incidents at or with Town property. The Town is responsible for the management of all video
surveillance systems used at their locations. The Town Manager or his/her designee is
authorized to review footage, which is retained for 90 days, and footage is used only for
legitimate business purposes such as safety, security, and related operational purposes.
Approved outside contractors may be utilized to assist in technical implementation. Video
surveillance installed without the knowledge and approval of the Town is prohibited.
Recorded video is the Town’s property and is not made directly available to the Town’s
employees. The National Labor Relations Act (“NLRA”) protects an employee’s right to discuss
the terms and conditions of their employment with their fellow employees and management.
This policy must not be interpreted as infringing upon rights under the NLRA or any other right
accorded employees under the NLRA. The Town will implement this policy in a manner that
does not violate any rights afforded employees under the NLRA. Please contact the Town
Manager if you have questions about this policy.

Page 49 of 87

10.15 ENFORCEMENT & DISCIPLINE
Compliance with Town safety rules, OSHA/Maine BLS standards, and department procedures is a
condition of employment. Violations may result in corrective or disciplinary action, up to and
including termination, consistent with Town policy, collective bargaining agreements, and due
process requirements.
SECTION 11: BENEFITS
11.1 MEDICAL INSURANCE
Selection of an insurance provider and funding of health insurance premiums are determined by
Town Council and may change with appropriate notice to employees. Details for the current plan
can be found in the Human Resources Department.
Full-time and regular part-time employees working 30 or more hours a week and their families are
eligible to participate. An employee must apply for coverage as coverage is not automatic. Regular
part-time employees working a regular year-round schedule of at least 20 hours per week, but less
than 30 hours per week, pay a pro-rated amount of the premium based on their weekly schedule.
The Town pays 90% of the cost of the premium for those with single coverage. The Town pays 80%
of the cost of the premium for those with dependent coverage.
Elections are binding for the plan year unless, during the year, the employee has a qualifying life
event.
11.2 HEALTH INSURANCE BUY-OUT
If a full-time regular employee has eligible health insurance coverage outside the Town of Cape
Elizabeth, the Town shall pay a weekly stipend to the employee. This stipend will be considered
income for tax purposes but not for base wage retirement calculations. The employee must show
proof of said coverage a minimum of once per year and at other times as requested. Employees
covered under a Cape Elizabeth School Department plan are not eligible for this benefit.
Eligibility for Coverage

Coverage Selected by Employee

Eligible for more than single coverage

Elects single coverage

In-Lieu of Payment (Per
Bi-Weekly Paycheck)
120.00

Eligible for more than single coverage

Elects no coverage

120.00

Eligible for full family coverage

Elects no coverage

250.00

Eligible for full family coverage

Elects employee and children coverage

90.00

11.3 DENTAL AND VISION INSURANCE
The Town will provide a vision and dental plan for employees. The Employee pays 100% of the
premiums. Contributions will be communicated during open enrollment annually.
11.4 MEDICAL BENEFITS CONTINUATION (COBRA)

Page 50 of 87

Federal law (COBRA) gives employees an opportunity to continue health insurance under the
Town’s plan when a “qualifying” event would normally result in loss of coverage.
11.5 INCOME PROTECTION, LIFE INSURANCE AND AD&D
The Town will provide an income protection, life insurance and AD&D plan for employees. The
Employee pays 100% of the premiums.
Employees who elect health insurance coverage through MMEHT receive life insurance equal to
one (1) times their annual salary.
Employees are eligible to participate in the MainePERS Group Life Insurance and Group Accidental
Death and Dismemberment Plan. Coverage is effective on the first day of the next month after
employment commences provided the insurance carrier has accepted the enrollment. The Plan is
offered through MainePERS separate from retirement plan membership.
11.7 FLEXIBLE SPENDING ACCOUNT
The Town currently offers payroll deductions to regular full-time employees to fund a flexible
spending account. This account provides a way for employees to set money aside on a pre-tax
basis for medical expenses and for dependent care. Medical expense reimbursement accounts are
limited to the maximum permitted under federal law. Dependent care reimbursement accounts are
limited to the maximum allowed by federal law per calendar year per family. The enrollment period
for this program occurs once annually or on the initial hire date. Employees fund this account at
100%.
11.8 WELLNESS BENEFIT
The Town shall contribute up to three hundred fifty dollars ($350) per fiscal year per regular fulltime employee as a reimbursement towards expenditures that promote their health, wellness and
fitness. Reimbursable items include the purchase of a health club membership or durable fitness
equipment, athletic shoes/footwear, as well as yoga or other fitness classes, consultations or
services provided by a licensed wellness professional, including nutrition, acupuncture, massage,
weight loss, tobacco cessation, etc. (Other programs not enumerated here may also be allowed
with prior permission from the Town Manager.) Clothing (except for athletic shoes/footwear) and
food are not reimbursable. In the event this type of benefit becomes available within the Townsponsored health insurance plan, this benefit would be available only to employees who do not
participate in the health insurance plan. Employees with a comparable benefit within a CBA are not
eligible.
11.9 RETIREMENT
The Town supports employees in preparing for retirement through the following programs (subject
to each plan’s eligibility rules and governing documents):
● Social Security (FICA)- The Town contributes to Social Security for all employees.

Page 51 of 87

● MainePERS – Defined Benefit (Law Enforcement Only)- Eligible law-enforcement employees

may elect to participate in the Maine Public Employees Retirement System (MainePERS)
defined benefit plan. Employee contributions are required, and the Town also contributes.
This is a one-time, irrevocable election that must be made within 30 days of hire; once the
decision is made, employees cannot opt in or opt out later.
● MissionSquare 401(a) – Defined Contribution- For employees not participating in
MainePERS, the Town sponsors a MissionSquare 401(a) plan with up to a 9% employer
contribution. Regular part-time employees who work 15 or more hours per week on a yearround basis are eligible for this program (in addition to eligible full-time staff).
● Section 457(b) Deferred Compensation. A voluntary retirement savings plan available to all
eligible employees at any time. Contributions are 100% employee-funded via payroll
deduction.

Notes: Plan eligibility, contribution rates, vesting, and other terms are controlled by the applicable
Summary Plan Descriptions (SPDs), collective bargaining agreements, and plan/provider
documents. Where there is any conflict, those documents govern. If you have questions about your
options or deadlines, contact the Human Resources Department.
11.10 WORKERS’ COMPENSATION
The Town of Cape Elizabeth provides Workers’ Compensation insurance in accordance with Maine
law for all employees, effective upon employment.
11.12 EMPLOYEE ASSISTANCE PROGRAM (EAP
The Town will provide confidential and voluntary assistance through its Employee Assistance
Program (EAP) offered through Maine Municipal Employee Health Trust to all employees and their
family members who may be faced with challenges of financial concerns, legal issues, alcohol or
drug problems, marital problems, illness of a family member, emotional worries, childcare
problems, etc. For the welfare of employees as well as for effective business operations, the Town
encourages its employees to take advantage of this valuable benefit. Getting support is simple and
quick! Simply call 1-800-647-9151 or go to www.anthemeap.com, choose Login in
the Members box and enter “MMEHT”.

Page 52 of 87

APPENDIX A - ACKNOWLEDGMENT FORM
Employees are required to review the Employee Handbook and return this form within 10 days of
hire.
As an employee of the Town of Cape Elizabeth, I understand and/or agree that:
☐ I have received The Town of Cape Elizabeth Handbook and have reviewed it, understood it, and
have had the opportunity to ask any questions I have about it and any of the policies and
procedures contained in it, and I will comply with The Town of Cape Elizabeth Handbook to the best
of my ability.
☐The statements contained in the Handbook are intended to serve as general information
concerning my employment with the Town of Cape Elizabeth and its existing policies, procedures,
practices of employment and employee benefits. I understand that nothing contained in this
Handbook is intended to create (nor shall be construed as creating) a contract of employment
(express or implied) or guarantee employment for a definite or indefinite term.
☐No statement or representation by a supervisor or manager or any other employee, whether oral
or written, can change or replace portions of this Handbook, even if they expressly refer to the
Handbook. Changes can only be made if approved in writing by the Town Manager.
☐I also understand that if the Town of Cape Elizabeth does not enforce some of the policies in this
Handbook immediately, or at all, in any given instance, it does not mean that the Handbook no
longer applies. Nor does it mean that the Town of Cape Elizabeth gives up the right to follow and
enforce the policies in the future.
☐From time to time the Town of Cape Elizabeth may interpret, change, suspend, cancel, or deviate
from, all or any part of its policies, procedures, and benefits described in this Handbook.
Employee Name: ________________________________
Employee Signature: _____________________________
Date: __________________________________________

Page 53 of 87

APPENDIX B: TOWN REIMBURSEMENT POLICY
WORK RELATED TRAVEL AND TRAINING Employees required to travel on business for the Town are
reimbursed for expenses incurred for travel according to this policy. Town employees on official
business, out of town for the Town, with prior approval of the Town Manager or their designee, shall
be paid at the amounts set by the Town’s Reimbursement Policy for meals (with no reimbursement
for alcohol) and lodging. Eligible mileage reimbursement will be granted at the prevailing IRS rate
per mile if using personal vehicles. Receipts are required for all travel expenditures and must be
submitted within five (5) workdays upon the employee’s return.
Employees who travel frequently during the workday will be provided a car-allowance in place of
mileage reimbursement. This requires approval from the Town Manager.
Employees will be paid by an approved appropriation in a departmental budget. The appropriation
will be in the best interest of the Town and will be approved by the Department Head. Travel will be
accomplished at the least cost to the Town.
The Town complies with the federal Fair Labor Standards Act and its amendment the Portal-ToPortal Act in compensating non-exempt employees for time spent in connection with work-related
travel and training. The Town’s travel and training policy and practice are as follows:
A. Travel to and from an employee’s residence – not compensable.
B. Travel from one workplace to another during the same day – compensable.
C. Travel to a training – compensable if during work hours or for drivers.
D. One-day assignments in another Town – compensable except regular commute time.
E. Overnight travel – compensable during regular work hours or when performing work.
F. Training – compensable unless ALL of the following are true:
● Outside regular work hours
● Voluntary
● Not directly related to current job
● No productive work performed
CELL PHONE REIMBURSEMENT The Town recognizes that certain employees may need to use personal
cell phones for work-related duties. Department Heads must determine eligibility and submit
justification during the annual budget process.
Employees approved for an allowance must maintain a personal phone capable of Town business
use and meet expectations equal to Town-issued phones. The employee is responsible for their
device and service plan.
Biweekly Allowance Rates
Classification

Allowance

Light Cell Phone - (Phone calls)

$10.00

Medium Cell Phone- (Phone calls & texting)

$15.00

Heavy Cell Phone- Phone calls, texting and
requires apps, web use

$25.00

Page 54 of 87

This is a taxable benefit paid via payroll. A signed authorization form is required and must be
submitted to the Payroll Office. Allowances may be discontinued upon separation, leave of
absence exceeding 12 weeks, or at the Department Head’s request.
(See separate authorization form for employee signature and approval routing.)
APPENDIX C: TOWN CELL PHONE REIMBURSEMENT AUTHORIZATION FORM
This form is used to authorize a biweekly taxable cell phone allowance for employees who regularly
use a personal cell phone for Town business.
Employee Name
Job Title
Department
Classification (check one)

☐Light (Phone calls) ($10.00)
☐Medium (Phone calls & texting) ($15.00)
☐Heavy (Phone calls, texting and requires
apps, web use) ($25.00)

Business Justification

Phone Number Used for Business
Wireless Carrier
Start Date of Allowance
I have received FOAA training.
I understand my rights and responsibilities under Maine’s Freedom of Access Act.
I understand this is a taxable benefit and that I am responsible for the device and service.
Employee Signature: ______________________ Date: ____ / ____ / ______
Department Head Approval: ______________________ Date: ____ / ____ / ______
Town Manager Approval: ______________________ Date: ____ / ____ / ______

Page 55 of 87

APPENDIX D: Vehicle Use Policy
A. Driver Guidelines and Reporting Requirements
1. Town vehicles are to be driven by authorized employees only, except in the case of repair
testing by a mechanic. Employees must have a valid and current driver’s license to operate a
Town vehicle, or a personal vehicle with current auto insurance while on Town business.
2. Employees are expected to drive in a safe and responsible manner, follow all State motor
vehicle laws, and to maintain a good driving record.
3. Any employee who has a driver’s license revoked or suspended shall immediately notify the
Department Head by 9:00 a.m. the next business day and immediately discontinue operation
of the Town vehicle. Failure to do so may result in disciplinary action, including termination of
employment.
4. All accidents and/or damage in Town vehicles, regardless of severity, must be reported to the
police and to the Department Head. Accidents and/or damage are to be reported immediately
(from the scene, during the same day, or as soon as practicable if immediate or same day
reporting is not possible).
Accidents in personal vehicles while on Town business* must follow these same accident
procedures. Accidents involving the employee’s personal injury must be reported to the
Department Head for a first report of injury, which will be sent to Human Resources for Workers’
Compensation purposes. Failing to stop after an accident and/or failure to report an accident
may result in disciplinary action, up to and including termination of employment.
5. Drivers must report all ticket violations received during the operation of a Town vehicle, or
while driving a personal vehicle for Town business*, within 72 hours to their Department Head.
6. Motor Vehicle Records will be obtained on all drivers prior to employment and will be
reviewed annually. A driving record that fails to meet the criteria stated in this policy or is
considered to be in violation of the intent of this policy by the Town Manager, will result in a loss
of the privilege of driving a Town vehicle until such time as the driver meets any required
criteria.
7. Criteria that may indicate an unacceptable record includes but is not limited to: Three or more
moving violations or chargeable accidents within a year or any combination of accidents and
moving violations. Chargeable means that the driver is determined to be the primary cause of
the accident through speeding, inattention, etc. Contributing factors, such as weather or
mechanical problems, will be taken into consideration.
B. Authorized Use of Town Vehicles
Employee’s privilege to operate a vehicle on official business extends only if the driver operates
the vehicle in a safe manner. Proper care in the operation of the assigned vehicle, including the
use of seat belts, hands free, obeying the speed limit and rules of the road, shall always be
exercised.
Town-owned vehicles shall be driven for official use and work purposes only. Personal use of
Town-owned vehicles is not permitted. Non-Town personnel are not permitted in Town vehicles
under any circumstance, unless expressly authorized by their Department Head. Unauthorized
use will result in disciplinary action.

Page 56 of 87

Town Vehicles shall not be taken home overnight, except as authorized by the Town Manager.
C. Driver Safety Rules
1. Driving on Town business and/or driving a Town vehicle while under the influence of
intoxicants and other drugs (which could impair driving ability) is forbidden and is
sufficient cause for discipline, up to and including termination of employment.
2. No driver shall operate a Town vehicle when their ability to do so safely has been
impaired by illness, fatigue, injury, or prescription medication.
3. State of Maine requires that all drivers and passengers operating or riding in a Town
vehicle must wear seat belts.
4. Drivers are responsible for the security of the vehicles assigned to them. The vehicle
engine must be shut off, ignition keys removed, and vehicle doors locked whenever the
vehicle is left unattended.
D. Definitions
Town Business: Town business is defined as driving at the direction, or for the benefit, of
employer. It does not include normal commuting to and from work.
Personal Use: Personal use includes but is not limited to doctors’ appointments, personal
errands, picking children up from school or daycare, etc. Personal use of a Town vehicle is
prohibited unless expressly authorized by the Town Manager or the employee’s Department
Head.
Moving Violations: A violation of the Maine motor vehicle statutes for which points may be
assessed.

Page 57 of 87

APPENDIX D: ALCOHOL & CONTROLLED SUBSTANCE ABUSE TESTING PROCEDURE
The Town of Cape Elizabeth is committed to a drug and alcohol-free workplace. To ensure the
safety and well-being of our drivers, employees and the general public, as well as be in compliance
with the Federal Motor Carrier Safety Regulations, the Town of Cape Elizabeth has adopted this
policy. All CDL employees subject to alcohol and drug testing must be in compliance with this
policy at all times while working for the Town of Cape Elizabeth. This will include all time spent
operating commercial vehicles, as well as time spent maintaining or repairing these vehicles.
Program Administrator
The Town Manager has been designated by the Town of Cape Elizabeth as the Town’s Program
Administrator. In this function, the Program Administrator will be responsible to answer any
questions from drivers, employees or the public in general. The Program Administrator will handle
all information on all tests as confidential. The Program Administrator may provide such
information as necessary to enable the appropriate supervisor to take proper disciplinary action as
warranted. The Program Administrator may also release test information to the Town's Substance
Abuse Professional (SAP) to use to evaluate and recommend appropriate follow-up.
Drivers Subject to Testing
All drivers who must have a commercial driver’s license to perform duties that are considered
safety-sensitive will be subject to the alcohol and/or drug testing as outlined in this policy and
required by Title 49 Code of Federal Regulations Part 382.
Driver Compliance with Regulation
All drivers subject to alcohol and drug testing must always be compliant with the regulations and
this policy while in a working status for this company. This will include all time spent driving a
commercial vehicle as well as time spent performing safety-sensitive functions or just before or
just after performing safety-sensitive functions. 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/they are
relieved from work and all responsibility for performing work. Safety-sensitive functions shall
include:
1. All time at an employer 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 employer.
2. All time inspecting equipment as required by Part 392.7 and 392.8 of 49 C.F.R., and
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
resting in a sleeper berth (a berth conforming to the requirements of Part 393.76 of 49
C.F.R.).
5. All time loading or unloading a commercial motor vehicle, supervising, or assisting in the
loading or unloading, attending a commercial motor vehicle being loaded or unloaded,

Page 58 of 87

remaining in readiness to operate the commercial motor vehicle, or in giving or receiving
receipts for shipments loaded or unloaded.
6. All time repairing, obtaining assistance, or remaining in attendance upon a disabled
commercial motor vehicle.
Substances Tested (DOT 5-Panel Test and Alcohol) as specified in 49 CFR part 40:
The following substances will be tested to determine their presence:
1.
2.
3.
4.
5.
6.
7.

Alcohol
Marijuana Metabolites
MDA-Analogues (MDA and MDMA)
Cocaine Metabolites
Amphetamines (Amphetamine and Methamphetamine)
Phencyclidine (PCP) and
Opiates (Morphine, Codeine, 6-Acetylmorphine, Hydromorphone, Hydrocodone,
Oxymorphone, Oxycodone)

Prohibited Conduct
During the time that the Town's CDL employees are performing their work, they shall not do any of
the following:
1.
2.
3.
4.
5.

Report to work and/or remain on duty with an alcohol concentration of 0.02 or greater.
Possess any alcohol.
Use any alcohol.
Use any alcohol within four hours prior to going on duty.
Use any alcohol within eight (8) hours after an accident which has required the CDL
employee to be tested for alcohol concentration.
6. Refuse to submit to a required alcohol and/or controlled substance test.
7. Report to or remain on duty when using any controlled substance, except when used under
a physician's orders and when the physician has informed the CDL employee in writing that
the use will not affect the safe operations of a commercial vehicle.
8. Report to or remain on duty if the employee has tested positive for controlled substances.
Tests Required
All drivers who are required to be tested for alcohol and/or controlled substance use or misuse will
be tested under the following circumstances:
1. Pre-employment or pre-use. All applicants for jobs requiring a commercial driver’s license
and/or current employees transferring to a job that requires a commercial driver’s license
will be required to be tested for the use of controlled substances.
2. Random. All CDL drivers are subject to random testing for alcohol and controlled
substances at rates determined by the Federal Motor Carrier Safety Administrator. These
random tests will be unannounced and will be spread throughout the calendar year. Except
as provided in paragraphs (c) through (e) of Part 382.305, the minimum alcohol testing shall
be ten (10) percent of the average number of driver positions. Except as provided in

Page 59 of 87

paragraphs (f) through (h) of Part 382.305, the minimum average percentage rate for
random controlled substance testing shall be fifty (50) percent of the average number of
driver positions. If the company has entered into a consortium pool the 10 and 50 percent
levels will apply to the entire pool of drivers in the consortium.
3. Post-accident. Drivers will be alcohol and controlled substance tested following all
accidents involving a fatality. If the accident is one where one or more vehicles were towed
from the scene of the accident or involves somebody being injured to the degree that the
injury must be treated immediately away from the scene of the accident, the driver must
also be post-accident tested if the commercial vehicle driver receives a summons for a
“moving traffic violation” as a result of the accident.
4. Reasonable suspicion. All drivers that exhibit signs and/or symptoms of alcohol and/or
controlled substance use or mis-use, which are observed by a trained company supervisor,
while performing safety sensitive functions or just before or just after performing safety
sensitive functions will be required to submit to an alcohol and/or controlled substance
test.
5. Return-to-duty. A driver who previously tested positive for alcohol and/or controlled
substance must submit to a return to duty alcohol and/or controlled substance test. The
results must be obtained by the Town of Cape Elizabeth and be negative before the
employee may be allowed to perform a safety sensitive function.
6. Follow-up. A driver who previously tested positive and has returned to duty must submit to
at least six (6) alcohol/and or controlled substance tests during the first 12 months after
returning to work. Follow-up tests will be unannounced and may continue for up to sixty
(60) months after returning to work. Any follow-up tests will be at the direction of the
Substance Abuse Professional (SAP)
Testing Procedures
The Town is contracted with DISA/AWSI as the Certified Third-Party Administrator to do the Town’s
alcohol and controlled substance testing. When a driver has been randomly selected, the
employee will be notified by the Program Administrator named in this policy and will proceed
directly to the testing area. The Program Administrator will call the collection facility to notify them
that the employee is en route. All randomly selected drivers must comply with the lawful requests
of the technician doing the alcohol and/or controlled substance test.
The selected driver will be required to provide a urine specimen for controlled substance testing
and/or a breath or saliva sample for analysis of alcohol concentration.
The driver will be required to provide photo identification prior to testing. Privacy will be ensured at
the facility by means of voiding in a private enclosure. A split sample will be procured and both
samples will be sent to the lab.
Proper chain of custody procedures will be followed to ensure that the specimen submitted is
indeed the specimen that belongs to the selected driver. The specimen will be sealed to prevent
tampering during transport to the laboratory. Federal certified laboratories will be utilized for

Page 60 of 87

testing (drugs) and two separate methodologies will be performed to verify all specimens as
positive prior to controlled substances reporting to the medical review office (MRO).
The MRO is a licensed physician that reviews all test results prior to reporting to the
company. Should the specimen test positive, the MRO will contact the driver to discuss the test
findings and afford the driver an opportunity to discuss his/her test results and any factors that
could have contributed to the positive test. Should the driver question the test findings, the driver
can request that the split sample be forwarded to another certified laboratory for re-analysis.
All test results are treated as confidential, and no results will be released to outside parties without
the driver's express consent or when required by law, rule or regulation or expressly authorized.
All testing for alcohol use or misuse will be conducted only by devices that have been approved by
the National Highway Traffic Administration and conducted by trained Breath Alcohol Technicians
(BATs) or trained Screening Test Technicians.
Requirement that Drivers Must Submit to Tests
All drivers who are required by Federal Motor Carrier Safety Regulations and this policy to be
subjected to alcohol and/or controlled substances testing must fulfill that requirement when so
directed by the Alcohol/Drug Testing Program Administrator or a trained supervisor. Failure to
comply with the regulations or this policy will be grounds for disciplinary action up to and including
dismissal.
Refusal to Test
No driver shall refuse to submit to a post-accident alcohol or controlled substances test required
under §382.303, a random alcohol or controlled substances test required under §382.305, a
reasonable suspicion alcohol or controlled substances test required under §382.307, or a followup alcohol or controlled substances test required under §382.311. No employer shall permit a
driver who refuses to submit to such tests to perform or continue to perform safety-sensitive
functions.
Refuse to submit (to an alcohol or controlled substances test) means that a driver:
1. Fails to appear for any test (except a pre-employment test) within a reasonable time, as
determined by the Town, consistent with applicable DOT agency regulations, after being
directed to do so by the Town. This includes the failure of an employee (including an owneroperator) to appear for a test when called by a C/TPA (Consortium Third Party
Administrator) (see §40.61(a) of this title).
2. Fails to remain at the testing site until the testing process is complete. Provided that an
employee who leaves the testing site before the testing process commences (see §40.63(c)
of this title) for a pre- employment test is not deemed to have refused to test.
3. Fails to provide a urine specimen for any drug test required by this part or DOT agency
regulations. An employee who does not provide a urine specimen because he or she has
left the testing site before the testing process commences (see §40.63(c) of this title) for a
pre-employment test is not deemed to have refused to test.

Page 61 of 87

4. In the case of a directly observed or monitored collection in a drug test, it fails to permit the
observation or monitoring of the driver's provision of a specimen (see §§40.67(l) and
40.69(g) of this title).
5. Fails to provide a sufficient amount of urine when directed, and it has been determined,
through a required medical evaluation, that there was no adequate medical explanation for
the failure (see §40.193(d)(2) of this title).
6.

Fails or declines to take a second test the employer or collector has directed the driver to
take.

7. Fail to undergo a medical examination or evaluation, as directed by the MRO as part of the
verification process, or as directed by the DER under §40.193(d) of this title. In the case of a
pre- employment drug test, the employee is deemed to have refused to test on this basis
only if the pre-employment test is conducted following a contingent offer of employment.
8. Fails to cooperate with any part of the testing process (e.g., refuse to empty pockets when
so directed by the collector, behave in a confrontational way that disrupts the collection
process); or
9. Is reported by the MRO as having a verified adulterated or substituted test result.
Disciplinary Action
Any driver who violates either the Federal Motor Carrier Safety Regulations or this policy may be
subject to disciplinary action up to and including dismissal.
Any driver who has tested positive for either drugs or alcohol, has performed a prohibited act, or
has refused to submit to a drug or alcohol test, will be removed from the safety sensitive position
immediately, be reported to the FMCSA Clearinghouse, and directed to a Substance Abuse
Professional (SAP). The Substance Abuse Professional (SAP will:
● provide a comprehensive face-to-face assessment and clinical evaluation of the driver; and
● recommend a course of education and/or treatment with which the employee must

demonstrate successful compliance prior to returning to a DOT safety sensitive function
Drivers who are found to have an alcohol concentration of 0.02 or greater, but less than 0.04, will
be taken out-of-duty for a minimum of 24 hours.
Confidentiality of Information
Unless the employee or applicant consents, all information acquired by the Town in the testing
process is confidential and may not be released to any person other than the employee or
applicant who is tested, the Program Administrator, or designees as well as the SAP or
Rehabilitation Provider. The foregoing shall not prevent the release of information that is required
or permitted by State or Federal Law, or the use of information in any grievance procedure,
administrative hearing or civil action relating to the imposition of the test or the use of the test
results.
Any employee who wishes to seek personal and confidential advice on alcohol and/or controlled
substances should contact a supervisor.

Page 62 of 87

FMCSA Clearinghouse
As of January 6, 2020, the FMCSA Commercial Driver’s License Drug and Alcohol Clearinghouse
was established as a secure, online database for employers and authorized users to provide
updated information about CDL and CLP drivers. Any CDL driver has the option to register to view
their own Clearinghouse record electronically, or to provide electronic consent for a current or
prospective employer to conduct a query or the driver’s DOT record. Drivers should be aware that
the motor carrier/employer is required to run pre-employment and annual queries through the
Clearinghouse, as well as to collect, maintain, and report certain information as required:
● A verified positive, adulterated, or substituted drug test result.
● An alcohol confirmation test with a concentration of 0.04 or higher.
● A refusal to submit to any test required by subpart C of this part.
● An employer's report of actual knowledge, as defined at §382.107:
● On duty alcohol use pursuant to §382.205.
● Pre-duty alcohol use pursuant to §382.207.
● Alcohol use following an accident pursuant to §382.209; and
● Controlled substance use pursuant to §382.213.
● A substance abuse professional (SAP as defined in §40.3 of this title) report of the

successful completion of the return-to-duty process.

● A negative return-to-duty test; and
● An employer's report of completion of follow-up testing.

Information:
The Town will provide each driver subject to the Federal Motor Carrier Safety Regulations a copy of
this policy. In addition, the Town will provide printed material which describes the effects of
alcohol and/or controlled substance use or abuse on the individual’s health, work and personal
life, as well as information on the signs and symptoms of an alcohol or controlled substances
problem.

ACKNOWLEDGEMENT:

I certify that I have received a copy of the Town of Cape Elizabeth policy, and written material
concerning the effects of alcohol and controlled substances on an individual’s work and personal
life, signs and symptoms of a drug or alcohol problem including a co-worker, and the methods to
deal with a substance abuse problem.

Page 63 of 87

______________________________________
Driver’s Signature

Page 64 of 87

APPENDIX E - TRAINING REQUEST & REIMBURSEMENT FORM
Employee Name: _________________________
Department: ____________________________
Training Course/Program Title: __________
Date(s) of Training: ____________________
Provider/Institution: ___________________
Total Cost Estimate: ____________________
Cost Breakdown: Tuition: $____ Books: $____ Travel: $____ Other: $____
☐ Track 1: Department Required ☐ Track 2: Voluntary/Job Related
☐Syllabus or Class Description Attached
Pre-Approval:
Supervisor Signature: __________________ Date: _______________
Town Manager Signature: ________________ Date: _______________

Page 65 of 87

APPENDIX F - CORRECTIVE ACTION PLAN & PERFORMANCE IMPROVEMENT PLAN
CORRECTIVE ACTION PLAN
Corrective Action is part of the disciplinary process and is typically issued in response to a policy
violation or misconduct. Its primary focus is to address behavior or actions that do not align with
the Town of Cape Elizabeth policies and to outline consequences if the issues persist. The
corrective action plan will be in writing and should include:
a. Behaviors requiring improvement (specific policy violations or inappropriate conduct).
b. Performance expectations or standards to be met (clearly defined behavioral or procedural
corrections).
c. Recommended activity to monitor/evaluate performance, and a timetable for improvement
including a schedule for follow up meetings.
d. Consequences that will be applied if improvement is not demonstrated.
The plan will be presented to and discussed with the employee. The employee is required to sign
the corrective action plan, thereby signifying acceptance of the plan. If the employee refuses to
sign the plan, this refusal will be noted in writing and the employee will be asked to provide written
reasons for non-acceptance.
PERFORMANCE IMPROVEMENT PLAN
Performance Improvement Plan (PIP) focuses on coaching and supporting employees in achieving
specific performance improvements. It is designed to guide employees in meeting performance
standards through structured feedback, resources, and development opportunities. A PIP may be
implemented in conjunction with counseling, verbal warnings, written warnings, suspensions, or
even in the absence of disciplinary actions.
A PIP should include:
a. Performance areas needing improvement (e.g., productivity, quality, skills, or behaviors).
b. Clear performance expectations or standards to be met, with measurable outcomes.
c. Recommended activities or resources to support improvement, such as training, mentoring, or
additional supervision.
d. Timetable for progress evaluation, including regular check-ins and follow-up meetings.
During and/or upon conclusion of a PIP, the supervisor will assess the employee’s performance
and decide whether the employee has satisfied the terms of the plan. If the employee has failed to
satisfy the terms of the plan, the Town of Cape Elizabeth has full discretion to terminate that
person’s employment after due process.

Page 66 of 87

Appendix G: Accommodation Request Form
Employee Name: _________________________
Department: ____________________________
Job Title: _____________________________
Accommodation Requested: ____________________________________________
Type of Accommodation: ☐ Disability ☐ Religious
Supporting Documentation Attached: ☐ Yes ☐ No
Employee Signature: ____________________ Date: _______________
Supervisor Signature: __________________ Date: _______________
Town Manager Signature: ________________ Date: _______________

Page 67 of 87

APPENDIX H: REMOTE WORK POLICY
REMOTE WORK POLICY
Remote work allows employees to work from home for up to one day per week as part of a regular
schedule. Temporary remote work may be approved for circumstances such as inclement weather
or if a child is home sick. These types of arrangements may be considered on an as-needed basis
only, with no expectation of ongoing continuance.
Other informal, short-term arrangements may be made for employees on a certified Family Medical
Leave to the extent practical for the employee and the organization and with the consent of the
employee’s health care provider and the Human Resources department, if appropriate . All
informal work arrangements are made on a case-by-case basis, focusing first on the needs of the
organization and the job description of the employee.
The Town of Cape Elizabeth considers remote work to be a viable, flexible work option when both
the employee and the job are suited to such an arrangement. Remote work may be appropriate for
some employees and jobs but not for others. Remote work is not an entitlement, it is not a Townwide benefit, and in no way changes the terms and conditions of employment with the Town of
Cape Elizabeth.
Any remote work arrangement may be discontinued at will and at any time at the request of either
the telecommuter or the organization. Every effort will be made to provide 30 days’ notice of such
change to accommodate commuting, childcare and other issues that may arise from the
termination of a remote work arrangement. There may be instances, however, when no notice is
possible.
Individuals requesting formal remote work arrangements must have completed a successful
probationary period, a satisfactory performance record and complete the “Work from Home
Request Form”. Before entering into any remote work agreement, the employee, the employee’s
supervisor, Department Head, Town Manager and/or Human Resources Director will evaluate the
suitability of such an arrangement, reviewing the following areas:
● Employee suitability. The employee and manager will assess the needs and work habits of
the employee.
● Job responsibilities The employee and manager will discuss the job responsibilities and
determine if the job is appropriate for a remote work arrangement,
● Equipment needs, workspace design considerations and scheduling issues. The employee
and manager will review the physical workspace needs and the appropriate location for the
remote work.
If the employee and the supervisor agree, they will complete a Remote Work Request Form to be
reviewed and signed by all parties. On a case-by-case basis, the Town of Cape Elizabeth will
determine, with information supplied by the employee and the supervisor, the appropriate
equipment needed for each remote work arrangement. The HR and IT departments will serve as
resources in this matter. Equipment supplied by the Town of Cape Elizabeth will be maintained by
the Town of Cape Elizabeth. The Town of Cape Elizabeth accepts no responsibility for damage or
repairs to employee-owned equipment. Equipment supplied by the Town of Cape Elizabeth is to be

Page 68 of 87

used for business purposes only. The telecommuter must sign an inventory of all the Town of Cape
Elizabeth’s property received and agree to take appropriate action to protect the items from
damage or theft. Upon separation of employment, all the Town of Cape Elizabeth owned property
will be returned to the Town of Cape Elizabeth.
The employee will establish an appropriate work environment within their home for work purposes.
The Town of Cape Elizabeth is not responsible for costs associated with the setup of the
employee’s home office space, such as remodeling, furniture or lighting, or for repairs or
modifications to the home office space.
Employees are expected to maintain their home workspace in a safe manner, free from safety
hazards. Injuries sustained by the employee in the home office location and in conjunction with
their regular job duties are normally covered by the Town’s workers’ compensation policy. Remote
work employees are responsible for notifying their supervisor of injuries as soon as possible. The
employee is liable for any injuries sustained by visitors to their home worksite.
Remote work is not designed to be a replacement for appropriate childcare. Although an individual
employee’s schedule may be modified to accommodate childcare needs with advanced approval
of the employee’s supervisor. The focus of the arrangement must remain on job performance and
meeting Town demands.

Page 69 of 87

Temporary Telework/ Remote Work Agreement
Employee Information:
Name: ____________________________________ Hire date: __________
Job title: _____________________________________________________
Department: _______________________________________________
FLSA status:

Exempt

Nonexempt

This temporary telecommuting agreement will begin and end on the following dates:
Start date: _______________

End date: _______________

If this will be on an on-going, intermittent basis, please check here:
Temporary work location: ________________________________________________
Employee schedule: _____________________________________________________
Terms and Conditions:
The employee agrees to the following conditions:
•
•
•
•
•
•

•
•
•

•
•
•

The employee will remain accessible and productive during scheduled work hours.
Nonexempt employees will record all hours worked and meal periods taken in
accordance with regular timekeeping practices.
Nonexempt employees will obtain supervisor approval prior to working unscheduled
overtime hours.
The employee will report to the employer’s work location as necessary upon directive
from their supervisor.
The employee will communicate regularly with their supervisor and co-workers
The employee will comply with all Town of Cape Elizabeth’s rules, policies, practices,
and instructions that would apply if the employee was working at the employer’s work
location.
The employee will maintain satisfactory performance standards.
The employee will always maintain a safe and secure work environment.
The employee will allow the employer to have access to the telecommuting location for
purposes of assessing safety and security, upon reasonable notice by the Town
Manager.
The employee will have high-speed internet service. Home internet issues will not be
troubleshot by the Town’s IT department.
The employee will report work-related injuries to their supervisor as soon as practicable.
The employee will arrange regular dependent care and understands that telecommuting
is not a substitute for dependent care. In circumstances, exceptions may be made for
employees with caregiving responsibilities upon approval by the Town Manager or
designee.

Page 70 of 87

The Town will provide the following equipment (must include item description/make/model/SN):
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
The employee agrees that Town equipment will not be used by anyone other than the employee
and only for Town-related work. The employee will not make any changes to security or
administrative settings on Town equipment. The employee understands that all tools and
resources provided by the Town shall always remain the property of the Town of Cape
Elizabeth.
The employee agrees to protect Town tools and resources from theft or damage and to report
theft or damage to their supervisor immediately.
The employee agrees to comply with the Town’s policies and expectations regarding
information security. The employee will be expected to ensure the protection of confidential
Town information accessible from their home offices. Employees are not allowed to remove
sensitive, confidential files from Town property for any purpose. This includes personnel files,
and certain financial information. If an employee is removing a file from Town property, they
must receive authorization from the Town Manager or designee and sign out the file(s) when
removing them from Town property.
Please initial below to acknowledge and agree to the terms regarding the use of Town
equipment.
__________ (Employee Initials)

Required Training:
The Town of Cape Elizabeth will provide ergonomic training and will require all employees to
complete the Video Display Terminal training required by the State of Maine located on the
server.
Terms of Employment:
The employee understands that all terms and conditions of employment with the Town of Cape
Elizabeth remain unchanged, except those specifically addressed in this agreement.
The employee understands that management retains the right to modify this agreement on a
temporary or permanent basis for any reason at any time.
The employee agrees to return all Town equipment and documents within five days of
separation of employment.
Supervisor Section: Must be completed by supervisor prior to authorization.
The Department Head or designee shall create clear expectations for the work completed at
home and develop a communication plan to remain in contact with the employee.

Page 71 of 87

The Department Head or designee may request a report of deliverables or projects completed
during the employees work from home assignment.
Position Eligibility: An employee’s position may be suitable for telecommuting when the job
duties…
 Are independent in nature.

 Are responsive.
 Are primarily knowledge-based.
 Lend themselves to measurable deliverables.
 Do not require frequent interaction at the regular worksite with supervisors, colleagues,
or the public, in person or by phone.

 Do not require the employee’s immediate presence at the regular worksite to address
unscheduled events unless alternative arrangements for coverage are possible.

 Are not essential to the management of on-site workflow.
Employee Eligibility: Employees may be suitable for telecommuting when their knowledge,
skills, and abilities, as determined by the Department Head or designee, include:

 Demonstrated dependability and responsibility.
 Effective communication with supervisors, coworkers, and the public.
 Demonstrated motivation.
 The ability to work independently.





A consistently high rate of productivity.
A high level of skill and knowledge of the job.
The ability to prioritize work effectively.
Good organizational and time management skills.

Employee signature: ______________________________ Date: ____________________
_______ signature: ______________________________ Date: _____________________

Page 72 of 87

Page 73 of 87

APPENDIX J: TIMESHEET FORM

Page 74 of 87

APPENDIX K: WELLNESS REIMBURSEMENT FORM
Program Overview
The Town shall provide up to $350.00 per calendar year to reimburse any employee who works a
regular schedule of at least 30 hours per week for expenses related to: Fitness classes, Health club
or gym memberships, Smoking cessation programs, Weight‑loss programs, or Other bona fide
programs leading to improved fitness and health Reimbursement is provided only upon receipt of
acceptable documentation and is intended to comply with IRS guidelines.
Employee Information
Employee Name: __________________________ Department: ________________________
Work Schedule: ☐ 30+ hours/week ☐ Less than 30 (Not Eligible)
Reimbursement Request Details
Type of Program (check one):
☐ Fitness Class ☐ Health Club/Gym Membership ☐ Smoking Cessation Program
☐ Weight Loss Program ☐ Other qualifying fitness expense): _________________________
Name of Provider/Vendor: ___________________________________
Program Description (general – do not include medical details):
______________________________________________________________________
Program Dates (from – to): ___________________________________
Amount Paid: $_________________
Calendar Year of Expense: __________________
Required Documentation (attach to this form)
☐ Paid invoice or receipt showing: Vendor name or description of what was purchased, Date(s) of
service, Employee name, and Amount paid
Note: Credit card statements alone are not sufficient unless accompanied by an itemized receipt.
IRS Compliance Statement
This reimbursement is a taxable reimbursement under the IRS. In accordance with IRS
requirements, original receipts are required. No reimbursement will exceed actual expenses
incurred. No cash advances are permitted. Requests must be submitted within a reasonable time
after the expense is incurred. Medical diagnoses, treatment details, or protected health
information (PHI) must not be submitted.
Employee Certification

Page 75 of 87

I certify that: The expense listed above was paid by me and has not been reimbursed from any other
source. The expense qualifies under the Town’s Fitness Reimbursement Program. The
documentation submitted is accurate and complete
Employee Signature: _______________________________Date: ___________________

Page 76 of 87

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34

Paper Reduction Amendments
Subdivision and Zoning Ordinance
(7-27-2026)

Subdivision Ordinance, Chapter 16
Sec. 16-1- 4 Definitions
“Digital plan” - the electronic version of plans that are submitted for town review. A digital plan
shall comply with the following requirements:
1.

Data source. Plans shall be exported as PDFs (portable document format) directly from the
design software. Do not print the plans and then scan the plans for sending digitally.
(Scanning the printed drawings degrades the images and causes details to be lost, making
it difficult for reviewers to accurately evaluate the plans.) Plans may be scanned if there is
no ability to output to PDF format natively and must have a minimum scan resolution of
300 dpi (dots per inch) to maintain quality.

2.

File naming. File names shall not be longer than thirty (30) characters. File names shall
begin with an abbreviated project name, followed by a drawing name/number that
matches the drawing. An index of all files shall be provided for plan sets with four (4) or
more plans.

3.

File format standards. PDF is required for plans and reports. Drawings created in AutoCAD
are preferred to be converted in Vector PDF. PDF files should be optimized and shall not
contain layers, in order to improve viewing performance and help reduce file size. File size
shall not exceed 10 MB (megabyte), unless recommended by the Town Engineer. Nondrawing files shall be submitted as searchable PDFs. All outputted materials shall be
submitted with a minimum resolution of 300 dpi (dots per inch).

4.

Uploading. All plan files shall be emailed to the Town Planner. Total attached file size shall
not exceed 25 MB for any one email. Multiple emails shall be sent if total attachments
exceed 25 MB and the email subject name shall include the project name and part 1, 2, etc
as appropriate.

35
36
37
38

Sec. 16-2-3. Review and Approval of Minor Subdivisions

39
40
41
42

1.
Formal Submission. The subdivision applicant, or an agent duly authorized in writing,
shall submit to the Town Planner a subdivision application for consideration by the Planning
Board together with the fee established in the Town Fee Schedule., and eight (8) paper copies
and one (1) digital copy of the proposed subdivision plans and materials. All plans and materials

(a)

Procedures.

1
Page 77 of 87

1
2
3
4
5
6
7
8

shall be submitted at least fifteen (15) days prior to the Planning Board’s next scheduled
meeting, or if the fifteenth day falls on a holiday, the day after the holiday. Prior to the first
meeting with the Planning Board, the applicant shall also establish a Review Escrow Account
under the terms in Sec. 16-2-1(c) of this Ordinance.

9
10
11
12
13
14
15
16
17
18

1.
Formal Submission. The subdivision applicant, or an agent duly authorized in writing,
shall submit to the Town Planner a subdivision application for consideration by the Planning
Board together with the fee established in the Town Fee Schedule, and eight (8) paper copies and
one (1) digital copy of the proposed preliminary subdivision plans and materials. All plans and
materials shall be submitted at least fifteen (15) calendar days prior to the Planning Board’s next
scheduled meeting, or if the fifteenth day falls on a holiday, the day after the holiday. Prior to
the first meeting with the Planning Board, the applicant shall also establish a Review Escrow
Account under the terms in Sec. 16-2-1(c) of this Ordinance.

19
20
21
22
23
24
25

1.
Formal Submission. Within six (6) months following the Planning Board’s approval or
approval with conditions of an applicant’s Preliminary Plan, the applicant shall file with the
Town Planner for Planning Board consideration, a Final Plan application for the subdivision with
eight (8) paper copies and one (1) digital copy of the materials herein prescribed. If such
application is not filed within such period, the application shall be deemed withdrawn and shall
no longer be considered a pending subdivision application, unless said time limitation is
otherwise extended by the Planning Board for good cause.

26
27
28
29

Appendix A

30

A. General submission parameters.

31
32
33
34
35
36
37

Application for Minor Subdivision Review shall be made to the Planning Board by submission
of a complete application in a format consistent with the Planning Application Submission
Policy. An application for a Minor Subdivision shall consist of fourteen (14) sets of plans drawn
to a scale of no larger than forty (40) feet to the inch and supporting materials. The size of plan
sheets submitted to the Planning Board shall be no larger than twenty-four (24) x thirty-six (36)
inches, but may be smaller with the permission of the Planning Board. A digital copy of the
complete application shall also be made available upon request.

38

B. List of Submission items.

39
40

The application for approval of a Minor Subdivision shall include all the following information.
Information that must be shown on a plan is in bold type.

Sec. 16-2-4. Review and Approval of Major Subdivision Plans
(a)

(c)

Preliminary Plan Procedures.

Final Plan Procedures.

Minor Subdivision Submission Requirements

2
Page 78 of 87

1
2

1. Right, Title or Interest. Evidence of right, title or interest in the site of the proposed
subdivision.

3
4
5
6

Appendix B

7

Preliminary Review

8

A.

9
10
11
12
13
14
15

Application for Major Subdivision Review shall be made to the Planning Board by submission of
a complete application in a format consistent with the Planning Application Submission Policy
An application for preliminary review of a Major Subdivision shall consist of fourteen (14) sets
of plans drawn to a scale of no larger than forty (40) feet to the inch and supporting materials.
The size of the plan sheets submitted to the Planning Board shall be no larger than twenty-four
(24) x thirty-six (36) inches. A digital copy of the complete application shall also be made
available upon request.

16

B.

17
18

The application for preliminary approval of a major subdivision shall include all the following
information. Information that must be shown on a plan is in bold type.

19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39

1. Right, Title or Interest. Evidence of right, title or interest in the site of the proposed
subdivision.

Major Subdivision Submission Requirements

General submission parameters

List of submission items

Zoning Ordinance
SEC. 19-1-3. DEFINITIONS
Digital plan: The electronic version of plans that are submitted for town review. A digital plan
shall comply with the following requirements:
1. Data source. Plans shall be exported as PDFs (portable document format) directly from the
design software. Do not print the plans and then scan the plans for sending digitally.
(Scanning the printed drawings degrades the images and causes details to be lost, making it
difficult for reviewers to accurately evaluate the plans.) Plans may be scanned if there is no
ability to output to PDF format natively and must have a minimum scan resolution of 300 DPI
(dots per inch) to maintain quality.
2. File naming. File names shall not be longer than thirty (30) characters. File names shall begin
with an abbreviated project name, followed by a drawing name/number that matches the
drawing. An index of all files shall be provided for plan sets with four (4) or more plans.

3
Page 79 of 87

1
2
3
4
5
6
7
8
9
10
11

3. File format standards. PDF is required for plans and reports. Drawings created in AutoCAD
are preferred to be converted in Vector PDF. PDF files should be optimized and shall not
contain layers, in order to improve viewing performance and help reduce file size. File size
shall not exceed 10 MB (megabyte), unless recommended by the Town Engineer. Nondrawing files shall be submitted as searchable PDFs. All outputted materials shall be
submitted with a minimum resolution of 300 dpi.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31

SEC. 19-7-9. PRIVATE ACCESS PROVISIONS

32
33
34
35
36
37
38
39
40
41
42

4.
Uploading. All plan files shall be emailed to the Town Planner. Total attached file size
shall not exceed 25 MB for any one email. Multiple emails shall be sent if total attachments
exceed 25 MB and the email subject name shall include the project name and part 1, 2, etc as
appropriate.

D.

Private Accessway Procedures
2.

Application Procedure
The owner shall submit a formal application for review and approval of a lot on a
private accessway to the Planning Board. The application shall consist of:
a.

a fully executed and signed copy of the application for private accessway
review (provided by the Town)

b.

Eight (8) paper copies and one (1) digital copy of a plan and supporting
documentation as the information described in Sec. 19-7-9.D.3., Submission
Requirements;

c.

a review fee as established by the Town; and

d.

a review escrow fee as established in Sec. 19-9-4.B., Application Review
Procedures.

Upon receipt of an application, the application shall be processed and reviewed
in accordance with the procedures established in Sec. 19-9-4, Review
Procedures.
3.

Submission Requirements
Application for a Private Accessway Permit shall be made to the Planning Board
by submission of a complete application in a format consistent with the Planning
Application Submission Policy. The applicant shall provide eight (8) paper copies
and one (1) digital copy of written materials, site plan, maps, or drawings
containing the information listed below. The plan, maps, or drawings shall be at
4
Page 80 of 87

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

a scale sufficient to allow review of the items listed under Subsection 4, Private
Accessway Standards, but in no case shall be more than fifty (50) feet to the
inch.
SEC. 19-8-3. RESOURCE PROTECTION PERFORMANCE STANDARDS
A.

Resource Protection Permit Procedures
2.

Submission Requirements
a.

Application for a Resource Protection Permit shall be made to the Planning
Board by submission of a complete application in a format consistent with the
Planning Application Submission Policy.The owner of lands in a Resource
Protection District shall apply for the Resource Protection Permit by
submitting to the Town Planner or the Code Enforcement Officer eight (8)
copies and one (1) digital copy of the plans for the proposed location or
activity.

b.

Upon receipt of all such materials and upon payment by the applicant of fees
established in the Town Fee Schedule, the Town Planner shall submit the
proposal to the Planning Board; the Town Planner shall also provide a digital
copy of all materials to the Conservation Committee for its consideration and
any recommendations which it deems advisable. The Conservation
Committee may request that the applicant attend a meeting of the
Committee to discuss the application.

c.

Unless the Planning Board waives one or more of the following requirements,
applications for a Resource Protection Permit shall include the information
listed below. For Resource Protection Permit applications in the Resource
Protection 3 Floodplain District, the submission requirements in Sec. 6-6-3 of
the Floodplain Management Ordinance shall be substituted for the list below,
except that item 4. below shall also be submitted. The application shall
include:
1. a detailed site plan for the proposed activity including a map at a scale of
one (1) inch equals one hundred (100) feet showing the location, width,
depth, and length of all existing and proposed structures, roads, wells,
sewage treatment facilities, drainage facilities, and utility installations
within three hundred (300) feet of the mapped wetland;

ARTICLE IX. SITE PLAN REVIEW
SEC. 19-9-4. REVIEW PROCEDURES
5
Page 81 of 87

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29

C.

Submission Requirements

1.

General Submission parameters.
Application for Site Plan approval shall be made to the Planning Board by
submission of a complete application in a format consistent with the Planning
Application Submission Policy.The applicant shall submit eight (8) paper copies
and one (1) digital copy of building and site plans and supporting information
drawn to a scale of not less than one inch equals fifty feet (1”= 50’). The size of
plan sheets submitted to the Planning Board shall be no larger than twenty-four
(24) by thirty-six (36) inches, but a smaller size may be used with the permission
of the Planning Board.
2.

List of Submission items.
The application for approval of a Site Plan shall include all the following
information, unless waived by the Planning Board as described below.
Information that must be shown on a plan is in bold type. Submission information
shall be shown on the number of plans needed to depict the information in a
readable format and each plan shall be individually labeled with a title generally
based on the information depicted on the plan, with one plan titled “Site Plan”
(Effective November 5, 2016)

a.

Right, Title or Interest. Evidence of right, title, and interest in the site of
the proposed project. (Effective November 5, 2016)

6
Page 82 of 87

Memorandum
TO:
FROM:
DATE:
SUBJECT:

Cape Elizabeth Town Council
Planning Board
July 27, 2026
Paper Reduction Amendments

Introduction
The Planning Board is recommending amendments to the Subdivision and Zoning Ordinances
that reduce the volume of paper submissions to the Planning Board. The amendments include
creation of a Planning Application Submission Policy that determines the format of Planning
Board submissions.
Process
The Planning Board discussed reducing the
paperwork submissions at the June 2nd, and June
16, 2026 workshops, and held a public hearing on
July 21, 2026. The Board was motivated by two
recent submissions of huge volumes of plans and
supporting documents. The Planning Board
discussed changes to the format of submissions
while retaining the content of information
required.
In a review of practices in other communities, the
“modern” approach is to pull the formatting of
Planning Board submissions out of the ordinance
and into a policy document that can be updated
as technology changes. Consequently, the Paper
Reduction Amendments include both
amendments to the Subdivision and Zoning
Ordinance and creation of a “Planning Application
Submission Policy.”

February 17, 2026 Planning Board submission

Proposed of
amendments
and the Submission Policy
Summary
Amendments
are attached. Below is a summary of the
Ordinance Amendments.
Page/Line
Description
1/6

In the Subdivision Ordinance, the definition of “Digital plan” is deleted from the
Subdivision Ordinance and added to the new Planning Application Submission
Policy. The Digital plan definition was adopted in 2024 and includes technical
specifications that are likely to change as technology evolves.
1
Page 83 of 87

1/40

The Subdivision Ordinance, Minor Subdivision procedures section, includes a
number of copies requirement which has been deleted. Submission
requirements should only be included in Sec. 16-2-3 (b), which refers to
Appendix A.

2/10

The Subdivision Ordinance, Major Subdivision Preliminary Review procedures
section, includes a number of copies requirement which has been deleted.
Submission requirements should only be included in Sec. 16-2-4 (b), which refers
to Appendix B.

2/20

The Subdivision Ordinance, Major Subdivision Final Review procedures section,
includes a number of copies requirement which has been deleted. Submission
requirements should only be included in Sec. 16-2-4(d), which refers to Appendix
B.

2/30

In Appendix A, the submission format requirements are deleted and then
established in the Planning Application Submission Policy.

3/7

In Appendix B, the submission format requirements for a Major Subdivision are
deleted and then established in the Planning Application Submission Policy.

3/24

The definition of “Digital plan” is deleted from the Zoning Ordinance and added
to the new Planning Application Submission Policy. The Digital plan definition
was adopted in 2024 and includes technical specifications that are likely to
change as technology evolves.

4/20

The Private Accessway Permit application format has been deleted and that
information is now contained in the Planning Application Submission Policy.

4/34

The Private Accessway Permit formatting requirements including number of
copies and scale are deleted and are now contained in the Planning Application
Submission Policy.

5/7

The Resource Protection Permit requirements for number of copies and format
are deleted and are now contained in the Planning Application Submission
Policy.

5/31

The scale requirement for a Resource Protection Permit application is deleted
and now is contained in the Planning Application Submission Policy.

6/2

The Site Plan submission requirements for number of copies and scale of plans
has been deleted and now are contained in the Planning Application Submission
Policy.
2
Page 84 of 87

The Planning Application Submission Policy incorporates the following changes from current
practice:
1.

The Planning Board will no longer receive a paper copy of the Stormwater Management
Plan, Traffic Study or deeds. Currently, the entire application must be submitted digitally
and is posted to the town website; and this will continue.

2.

The Planning Board is allowing submission of plans on 11” x 17” sized paper, which will
be close to ½ size plans. A full-size, paper copy of the plans and all materials will be
submitted and be filed as the record copy in the Planning office.

3.

The Planning Application Submission Policy can be amended by the Planning Board. The
content required for Planning Board review remains in the Subdivision and Zoning
Ordinances and can only be revised with an ordinance amendment.

Recommendation
At the July 21 2026 meeting, the Cape Elizabeth Planning Board voted 7-0 to adopt the
following motion:
BE IT ORDERED that, based on the amendments, policy and the information presented, the
Planning Board recommends the Paper Reduction Amendments to the Town Council for
consideration.

3
Page 85 of 87

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39

DRAFT
TOWN OF CAPE ELIZABETH
Planning Application Submission Policy
Digital and Paper Copy Requirements
Effective [DATE]
Policy: This submission policy establishes uniform requirements for digital and paper copies of
applications submitted to the Planning Board to reduce unnecessary cost, improve review
efficiency, and support electronic distribution. These requirements are governed by policy
rather than ordinance and may be updated by the Planning Board as technology and workflows
evolve. Applicants shall contact the Town Planner prior to submitting an application and if you
have any questions regarding the submission requirements. All Planning Board application
materials shall be submitted to the Town Planner.
Plan preparation:
Subdivision. Plans shall be drawn to a scale of no larger than forty (40’) feet to the inch. The size
of plan sheets submitted to the Planning Board shall be no larger than twenty-four (24) x thirtysix (36) inches, but may be smaller with the permission of the Planning Board.
All other reviews. The applicant shall submit site plans and supporting information drawn to a
scale of not less than one inch equals fifty feet (1”= 50’), except that Resource Protection
Permit plans may be drawn to a scale of not less than one inch equals one hundred feet.
(1”=100’). The size of plan sheets submitted to the Planning Board shall be no larger than
twenty-four (24) by thirty-six (36) inches, but an alternative size may be used with the
permission of the Planning Board.
Planning Board Workshop
Digital Submission: A completed Planning Board Workshop application form and sketch plan
should be submitted in digital form.
Planning Board Meeting
Digital Submission: The complete Planning Board application shall be submitted in digital form.
All non-plan submission materials shall be compiled into a pdf. When the compiled pdf exceeds
100 pages, it shall include page numbers and a table of contents.

Page 86 of 87

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

Digital plan: The electronic version of plans that are submitted for town review. A digital plan
shall comply with the following requirements:
1.

Data source. Plans shall be exported as PDFs (portable document format) directly from
the design software. Do not print the plans and then scan the plans for sending digitally.
(Scanning the printed drawings degrades the images and causes details to be lost,
making it difficult for reviewers to accurately evaluate the plans.) Plans may be scanned
if the Town Planner determines there is no ability to output to PDF format natively and
must have a minimum scan resolution of 300 DPI (dots per inch) to maintain quality.

2.

File naming. File names shall not be longer than thirty (30) characters. File names shall
begin with an abbreviated project name, followed by a drawing name/number that
matches the drawing. An index of all files shall be provided for plan sets with four (4) or
more plans.

3.

File format standards. PDF is required for plans and reports. Drawings created in
AutoCAD are preferred to be converted in Vector PDF. PDF files should be optimized and
shall not contain layers, in order to improve viewing performance and help reduce file
size. File size shall not exceed 10 MB (megabyte), unless recommended by the Town
Engineer. Non-drawing files shall be submitted as searchable PDFs. All outputted
materials shall be submitted with a minimum resolution of 300 dpi.

4.

Uploading. All plan files shall be emailed to the Town Planner. Total attached file size
shall not exceed 25 MB for any one email. Multiple emails shall be sent if total
attachments exceed 25 MB and the email subject name shall include the project name
and part 1, 2, etc as appropriate.

23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45

Paper Submission:
Public record package. One complete paper submission of full-size plans and all supporting
materials shall be submitted.
Planning Board package. Seven (7) paper sets of full size plans or 11” x 17” plan reductions shall
be submitted. Supporting materials shall also be provided, specifically a cover letter that
includes summaries of the stormwater plan, traffic plan and deeds. Paper copies of the
stormwater plan, traffic analysis, or deeds should not be submitted in the paper submission.
The Planning Board may also advise the applicant on additional submission materials that do
not have to be submitted in paper form.

Page 87 of 87