Town of Nantucket, MA
Nantucket County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Annual Town Meeting of the Town of Nantucket 4-10-1995 by Art. 40.[1] Amendments noted where applicable.]
[1]
Editor's Note: This article superseded former Ch. 33, Personnel, adopted 4-4-1978 ATM by Art. 14, as amended.

§ 33-1 Statutory authority.

This chapter is enacted pursuant to the authority contained in MGL c. 41, §§ 108A and 108C.

§ 33-2 Classification and compensation plans.

A. 
There shall be established classification and compensation plans, which may be amended, in accordance with the Personnel Bylaw of the Town of Nantucket, from time to time by vote of the Town at a Town Meeting.
B. 
All positions in the service of the Town, except those excluded by § 33-4, are hereby classified by job titles appearing in Exhibit A which is made a part hereof.[1] These groupings of positions shall constitute the classification plan for paid Town services.
[1]
Editor's Note: Exhibit A is on file in the Town offices.
C. 
The title of each class, as established by the classification plan, shall be the official title of every position allocated to the class and the official title of each incumbent of a position so allocated and shall be used to the exclusion of all others on payrolls, budget estimates and other official records and reports pertaining to the position.
D. 
Whenever department work is significantly reorganized or a new position is established by approval of the Personnel Board or whenever the duties of an existing position are so changed that, in effect, a new position(s) is created, upon presentation of substantiating data satisfactory to the Personnel Board, the Board shall allocate such new/changed position(s) to the appropriate class.
E. 
No position may be reclassified until the Personnel Board shall have determined such reclassification to be consistent with the classification plan. The Board may, however, when it considers such action to be necessary for the proper functioning of Town services, authorize a new classification and assign the same to an existing compensation level or determine the rate to be paid to an incumbent employee. Such action on the part of the Board shall, however, be subject to ratification by the next Annual Town Meeting.

§ 33-3 Purpose and intent.

The purpose of this chapter is to establish a system of human resource administration based on principles that ensure a uniform, fair and efficient application of personnel policies. The intent of this chapter is to provide a method of recruitment, selection and development of a work force that is skilled and effective in accomplishing assigned responsibilities. Personnel actions shall be made in accordance with state and federal law and without regard to sex, race, religion, color, age as defined by law, disability, sexual orientation, political affiliation or other non-job-related factors and shall be based on merit and fitness.

§ 33-4 Applicability; collective bargaining agreements.

All Town departments and positions, except those under the jurisdiction of the School Committee; Airport Commission; elected positions; employees of the Wannacomet Water Company that are under the direction and control of the Nantucket Water Commission; the positions of Town Counsel, Town Prosecutor and Labor Counsel; and certain positions for which the compensation is on a fee basis or the incumbents of which render intermittent or casual services, shall be subject to the provisions of this chapter and any rules and regulations adopted pursuant to this chapter. Provisions of collective bargaining agreements shall govern those employees whenever collective bargaining agreements conflict with the provisions of this chapter and any rules and regulations adopted pursuant to this chapter.

§ 33-5 Personnel Board.

A. 
Composition; qualifications; mode of selection; term of office.
(1) 
There shall be a Personnel Board composed of five members. The Board of Selectmen shall appoint four members to the Personnel Board for terms of three years, and one member shall be a nonunion permanent Town employee elected annually by the nonunion Town employees as their representative.
(2) 
Vacancies, other than by expiration of terms, shall be filled in the same manner and by the same authority, for the balance of the unexpired term.
B. 
Duties and responsibilities.
(1) 
The Personnel Board shall be responsible for ensuring the development and establishment of a personnel system based on modern personnel management principles and shall develop personnel policies in accordance with § 33-6 of this chapter.
(2) 
The Personnel Board shall:
(a) 
Review the personnel policies of the Town.
(b) 
Review the compensation policies of the Town.
(c) 
Review and monitor the classification plan.
(d) 
Investigate and make recommendations concerning the proper classification of any employee.
(e) 
Investigate complaints, problems and the adequacy of personnel policies, practices and procedures.
(f) 
Make recommendations as deemed necessary.
(g) 
Prepare an annual report concerning the status of the Town's personnel system.

§ 33-6 Development and adoption of personnel rules and regulations.

Personnel rules and regulations defining the rights, benefits, responsibilities and obligations of employees subject to provisions of this chapter shall be adopted or amended as follows:
A. 
Development of rules and regulations.
(1) 
The Personnel Board, in collaboration with the Board of Selectmen, shall prepare personnel rules and regulations based on the Personnel Bylaw in effect at the time of this chapter's adoption.
(2) 
The Personnel Board need not consider any proposal already considered by the Board in the preceding three months.
B. 
Public and employee input. Upon receipt of any suggested rule or regulation, the Personnel Board shall schedule a meeting with the Board of Selectmen and a discussion of such a proposal at any regular or special meeting of the Personnel Board. A copy of any suggested personnel rule or regulation shall be submitted to the Board of Selectmen and the Town and County Administrator through a copy of the Personnel Board's meeting agenda. The Personnel Board shall consider any suggested rule or regulation within two months after receipt of such suggestion. The Personnel Board may solicit advice and comment from nonunion Town employees, the Board of Selectmen, other appointing authorities as appropriate, the Town and County Administrator, Town Counsel or any other party.
C. 
Action by the Personnel Board.
(1) 
No rule or regulation or change in rules or regulations shall be promulgated except after a public hearing held not less than two weeks nor more than two months after notice thereof shall have been posted in a conspicuous place in the Town building and in at least five other convenient and conspicuous places and shall also have been published on one or more days in one or more newspapers having a circulation in the Town.
(2) 
Within 10 days after the meeting of the Personnel Board at which any rule or regulation was voted by the Personnel Board, the Personnel Officer shall forward a copy of the proposed rule or regulation to the Board of Selectmen for its review. The Board of Selectmen shall review the proposed rule or regulation to determine its consistency with any Town policy, applicable laws or for any other purpose.
(3) 
At any time within 30 days of the receipt of the proposed rule or regulation, the Board of Selectmen may vote to endorse the rule or regulation; refer all or portions of a proposed rule or regulation back to the Personnel Board for reconsideration and/or revisions; or make a determination that Town Meeting action is required.
D. 
Effective date of regulations. The effective date of any rules or regulations shall be 30 days after adoption by the Personnel Board or the Board of Selectmen, unless some other effective date is provided.
E. 
Posting of regulations. The Personnel Officer shall cause the posting of the text of adopted rules and regulations in prominent work locations and shall maintain a compilation of all personnel rules and regulations adopted by the Personnel Board.

§ 33-7 Creation of personnel system.

A comprehensive personnel system shall be established by the adoption of personnel rules and regulations in accordance with procedures set forth in § 33-6. The personnel system may include, but need not be limited to, the following elements:
A. 
A method of administration.
B. 
A method of recruiting and selecting employees.
C. 
Review and recommendations made by the Board regarding the compensation and classification plans.
D. 
A centralized recordkeeping system.
E. 
Personnel rules and regulations which present the rights and obligations of employees and managers.
F. 
Other elements deemed necessary.

§ 33-8 Severability.

The provisions of this chapter and any rules and regulations adopted pursuant to this chapter are severable. If any chapter provision or rule or regulation is held invalid, the remaining provisions of this chapter or the rule or regulation shall not be affected thereby.

§ 33-9 Effective date; plan of implementation.

This chapter shall take effect on July 1, 1995. The Personnel Bylaw of the Town in effect at the time of adoption of this chapter shall be considered the initial personnel rules and regulations to be in effect until the Personnel Board completes the adoption of the rules and regulations provided for in § 33-6. Such rules and regulations shall be adopted within 12 months after the effective date of this chapter.