[HISTORY: Adopted by the Special Town Meeting of the Town of Newbury 10-23-2018 by Art. 8.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 18.
[1]
Editor's Note: This article also repealed former Ch. 22, Human Resources Board, adopted 3-19-1974 ATM, Art. 22 (under the title "Personnel Board"), as amended.
The purpose of this Personnel Chapter is to establish a system of personnel administration based on merit principles that ensures 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 the service delivery missions of the Town. Personnel actions are to be made without regard to race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, pregnancy or a condition related to said pregnancy, ancestry or veteran status or other non-job related factor, and shall be based on merit and fitness.
The Personnel Bylaw is adopted pursuant to the authority granted by Article LXXXIX of the Constitution of the Commonwealth and MGL c. 41, §§ 108A and 108C.
All Town departments and positions shall be subject to the provisions of this chapter and any regulations adopted pursuant to this chapter, excluding elected officers of the Town of Newbury. To the extent that any collective bargaining agreement conflicts with any provision of this chapter with respect to employees covered under such labor agreements, the provisions of the collective bargaining agreement shall prevail.
This personnel chapter and the regulations adopted pursuant to its provisions are intended to supersede any other previously adopted Personnel Bylaw or other regulations or policies.
A. 
Composition; mode of selection; terms of office. There shall be a Human Resources Board, appointed by the Board of Selectmen, to consist of six (6) members, all appointed for three (3) year terms. No member of the Human Resources Board is to receive compensation. Vacancies are to be appointed by the Selectmen. At all times, one of the six members shall be an employee of the town and be designated as the "Employee Representative".
B. 
Powers, duties and responsibilities. The Human Resources Board is responsible to administer the compensation of all Town employees, except those filled by popular election, a wage and classification plan and personnel policy plan, classifying all such employees into groups and classes doing substantially similar work or having substantially equal responsibilities. Such a plan to provide minimum and maximum salaries to be paid to such employees in positions so classified and for the attainment of such maximum salaries by periodical step rate increases, such salaries to be appropriately related, if possible, to salaries paid by comparable municipalities as well as reliable cost-of-living index.
C. 
The Human Resources Board to be authorized to employ professional consultants as may be necessary.
Personnel policies shall be established by the adoption of rules and regulations by the Board of Selectmen. The personnel policies may include, but not be limited to, the following elements:
A. 
A method of administration;
B. 
A method of recruiting and selecting employees;
C. 
A classification plan;
D. 
A compensation plan;
E. 
A centralized record keeping system;
F. 
Personnel rules and regulations which indicate the rights and obligations of employees;
G. 
Disciplinary procedures;
H. 
And other elements that are deemed necessary.
Personnel rules and regulations defining the rights, benefits and obligations of employees subject to this chapter shall be adopted or amended as follows:
A. 
Preparation of rules and regulations.
(1) 
The Human Resources Board shall prepare proposed personnel rules and regulations. Any member of the Board of Selectmen, the Human Resources Board, any appointing authority or any 2 or more employees may suggest rules and regulations for consideration by the Human Resources Board. The Human Resources Board need not consider any proposal already considered by the Board in the preceding 6 months.
(2) 
Any person suggesting new or amended rules and regulations shall provide the substance and reason for the rule or regulation change in writing.
B. 
Public meeting. The Human Resources Board shall hold a public meeting on suggested rules and regulations. Any suggested rules and regulations or amendments to rules and regulations shall be posted in a prominent work location at least 5 business days prior to the public meeting at which such suggestions are to be considered. The Human Resources Board shall submit a copy of any suggested rules or regulations to the Board of Selectmen.
C. 
Human Resources Board action on suggested rules and regulations. Within a reasonable period of time after the public meeting on any suggested rule or regulation, the Human Resources Board shall vote to determine if the suggested rules or regulations shall be recommended for adoption by the Board of Selectmen.
D. 
Action by the Board of Selectmen. The Human Resources Board shall transmit any recommendations for the adoption of personnel rules and regulations or amendments in writing, including the text of any proposed rules and regulations, to the Board of Selectmen. The Board of Selectmen shall consider the recommendations of the Human Resources Board and may adopt or reject the recommendations; provided, however, that if the Board of Selectmen fails to act, recommended rules and regulations shall be deemed adopted upon the expiration of 45 days from the date of transmittal of the recommendations to the Board of Selectmen.
E. 
Posting of rules and regulations. The Board of Selectmen shall cause the posting of the text of adopted rules and regulations in prominent work locations.
F. 
Official record. The Town Clerk shall maintain a compilation of all personnel rules and regulations adopted by the Board of Selectmen.
The provisions of this chapter and any regulations adopted pursuant to this chapter are severable. If any chapter provision or regulation is held invalid, the remaining provisions of the chapter or regulations shall not be affected thereby.