[HISTORY: Adopted by the 5-10-2010 Annual Town Meeting, Art. 21. Amendments
noted where applicable.]
1-1.
Purpose. It is the purpose of this manual to provide to all employees
the policies and procedures for assuring maintenance of an equitable
personnel management system in the Town of Orleans. The policies and
procedures for personnel administration set forth herein have, as
their purpose, to promote the efficiency and economy of government;
to promote the morale and well being of Town employees and to promote
equal employment opportunity for all employees and candidates for
employment.
1-2.
Policy. The personnel policies are based on the following principles:
1-2-1.
Recruiting, selecting and advancing employees on the basis of their
abilities, knowledge and skills;
1-2-2.
Providing equitable compensation;
1-2-3.
Training employees as needed to assure high-quality performance and
to encourage career development;
1-2-4.
Retaining employees on the basis of the adequacy of their performance,
correcting inadequate performance, and separating employees whose
performance does not adequately improve;
1-2-5.
Assuring fair treatment of applicants and employees in all aspects
of personnel administration without regard to political affiliation,
race, color, national origin, age, sex, creed, disability, sexual
preference, or any other non-merit factor, except where such factor
is a bona fide occupational requirement, and with proper regard for
their privacy and constitutional rights as citizens; prohibiting discrimination
against any person on the basis of such non-merit factors; and
1-2-6.
Assuring that employees are protected against coercion for partisan
political purposes and are prohibited from using their official authority
for any purpose other than those duties and responsibilities directly
associated with their positions in Town government.
1-3.
Authorization.
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Pursuant to the authority contained in Sections 108A and 108C
of Chapter 41 of the General Laws there shall be established plans
which may be amended from time to time by vote of the Town at a Town
Meeting:
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1-3-1.
Classifying positions in the service of the Town other than those filled by popular election, those under the direction and control of the School Committee, those covered under collective bargaining agreements, the position of Town Counsel and certain positions for which the compensation is on a fee basis or the incumbents of which render intermittent or casual service and which do not appear in Chapter 8 following, into groups and classes doing substantially similar work or having substantially equal responsibilities;
1-3-2.
Authorizing a compensation plan for positions in the classification
plan;
1-3-3.
Providing for the administration of said compensation and classification
plans; and
1-3-4.
Establishing certain working conditions and fringe benefits for employees
occupying positions in the classification plan.
1-4.
Equal Employment Opportunity. Discrimination against any person in
recruitment, examination, appointment, training, promotion, retention
or any other personnel action because of political affiliation, race,
creed, color, national origin, ancestry, age, sex, disability, sexual
orientation, genetic information, or any other non-merit factor will
be prohibited. Each individual will be evaluated solely on his/her
qualifications, abilities and job performance. Any employee who feels
aggrieved may process an appeal in accordance with the discrimination
complaint procedure in Chapter 16.
1-5.
Applicability of These Policies. These policies shall serve as a
guide to the administration of a personnel system of the Town of Orleans
in keeping with the basic merit principles. The policies are not all
inclusive; final discretion as to interpretation and as to the appropriate
course of action concerning a particular personnel matter shall lie
with the Town Administrator. The use of gender pronoun "he" or "she"
shall be interpreted in these Bylaws to include both genders.
1-6.
Other State Statutes. Nothing in this Personnel Bylaw shall be construed
to conflict with any special law enacted for the Town of Orleans or
any permissive state statute accepted by the Town of Orleans, the
Orleans Home Rule Charter, Administrative Code, or any provision of
any Massachusetts State Constitution. To the extent that any apparent
conflict exists, it shall be determined in favor of the higher state
statute or provision of the Massachusetts State Constitution.
2-1.
Personnel Advisory Board. The Board of Selectmen will establish an
unpaid three-member Personnel Advisory Board whose primary duty is
to advise the Town Administrator.
2-2.
Town Administrator. The Town Administrator is the Chief Administrative Officer who administers these policies as the Personnel Administrator. The Town Administrator shall have final decision-making authority and approval over all personnel matters, except where otherwise provided in these policies and procedures, for employees covered by this bylaw, consistent with the Home Rule Charter, Section 5.5.
2-3.
The Town Administrator as Personnel Administrator shall:
2-3-1.
Prepare and recommend position classification and pay plans and direct
the continuous administration of these plans.
2-3-2.
Compute for budgetary purposes the annual salary costs.
2-3-3.
Direct the recruitment, testing, selection, and hiring of employees.
2-3-4.
Prepare and administer competitive assembled and unassembled examinations
with the appropriate department manager, whenever practicable, for
all original appointments and promotions in the Town service.
2-3-5.
Enforce policies and procedures for personnel administration.
2-3-6.
Supervise, develop, and maintain personnel systems, forms, procedures
and methods of record-keeping.
2-3-7.
Maintain a roster of all persons in the Town service except for persons
under the control of the School Committee.
2-3-8.
Certify appointments, promotions, demotions, discipline and other
actions.
2-3-9.
Direct employee orientation, training, counseling and career development
with department managers.
2-3-10.
Administer these personnel policies, including the employee grievance
procedure.
2-3-11.
Assure timely performance appraisal reviews.
2-3-12.
Investigate the work features and rate of salaries or wages of any
or all positions subject to the provisions of these Bylaws. Such reviews
shall be made at such intervals as the Town Administrator deems necessary
and practicable, and shall include all occupational groups in the
Classification Plan.
2-3-13.
Upon recommendation of the Department Manager, Committee, Commission,
or Board, supported by evidence in writing of special reason and exceptional
circumstances satisfactory to the Town Administrator, the Town Administrator
may authorize an entrance rate higher than the minimum rate for a
position, may approve an annual step rate increase of one or more
steps providing adequate funding is available, may deny an annual
step rate increase of one or more steps, or such other variance in
the Compensation Plan as it may deem necessary for the proper functioning
of the services of the Town. No variance provided in this section
shall become effective unless or until the necessary funds have been
appropriated therefor.
2-3-14.
Have the responsibility of employee termination or dismissal. Employees
terminated for any reasons will have the right to request a review
according to the grievance procedure outlined in Chapter 16.
2-3-15.
Perform any other lawful acts which are considered necessary or desirable
to carry out the purpose of the central personnel system and the provisions
of these personnel policies.
2-4.
Department managers. Department managers, with the approval of the
Town Administrator, shall have responsibility to select, retain, transfer
and promote personnel in accordance with established Town policies.
Department managers are expected to effectively supervise their employees;
evaluate performance of their subordinates; to notify the Town Administrator
of changes in duties of their employees in order that the classification
plan will be maintained; and to recommend salary increases which will
be acted upon by the Town Administrator.
2-4-1.
All recommendations for appointments must be verified with the Town
Administrator to assure compliance with Equal Employment Opportunity
guidelines.
2-4-2.
Department managers may recommend to the Town Administrator desirable
changes in personnel policies and procedures to improve the Personnel
Management System.
2-5.
Employees. It shall be the responsibility of all employees to acquaint
themselves thoroughly with the material in these personnel policies
and any subsequent revisions. Employees are also encouraged to submit
suggestions for changes in personnel policies and procedures for improvement
of the personnel administration.
As used in these Bylaws, the following words and phrases shall
have the following meanings unless a different construction is clearly
required by the context or by the laws of the nation and the Commonwealth.
The elected or appointed official or board having jurisdiction
over a function or activity, as outlined in the Orleans Home Rule
Charter.
The assignment of an individual position to an appropriate
grade on the basis of kind of work, duties, and the responsibilities
of the position.
The Town Administrator is the Appointing Authority as outlined
in the Orleans Home Rule Charter.
The placement of a person in a position.
The Personnel Advisory Board as defined in Chapter 4.
A group of positions in the Town service sufficiently similar
in respect to duties and responsibilities so that the same descriptive
title may be used to designate each position allocated to the class.
The same qualification shall be required of the incumbents. The same
tests of fitness may be used to choose qualified employees and the
same scale of compensation can be made to apply with equity.
Class titles appearing in Chapter 8 of these Bylaws plus class specifications which are on file with the Town Administrator and which are hereby incorporated by reference.
The salary or wages earned by any employee by reason of service
in the position, but does not include allowances for expenses authorized
and incurred incidental to employment.
A range of salary or wage rates appearing in Chapter 8.
See "pay plan."
Uninterrupted employment either full-time or permanent part-time,
except for required military service and for authorized vacation or
other authorized leave of absence.
The movement of an employee from a position in one grade
to a position in another grade with a lower maximum pay rate.
Any department, board, committee, commission or other agency
of the Town subject to these Bylaws.
Department managers shall be taken to mean any employee who
has authority to recommend personnel actions to the Town Administrator,
including, but not limited to, selection, transfer or promotion.
The permanent, involuntary termination of a person from Town
service.
An oral warning, written reprimand, suspension, demotion
or dismissal taken for cause by the appropriate authority.
A person occupying an appointive position or an appointive
person who is on authorized leave of absence.
The date on which an employee commences performance of duties
and is placed on the payroll.
The Fair Labor Standards Act (FLSA) sets minimum wage, overtime
pay, equal pay, recordkeeping, and child labor standards for employees
who are covered by the Act and are not exempt from specific provisions
of the Act.
Employment for not less than five days per work week (as
work week is defined in Chapter 9 of these Bylaws) for fifty-two weeks
per annum minus legal holidays and authorized leave for vacation,
sickness, bereavement or other reason.
A position or group of positions which are sufficiently similar
with respect to duties, responsibilities and authority that may be
properly compensated within the same pay range under substantially
the same employment conditions.
A misunderstanding or disagreement between an employee and
a supervisor that relates to policies, rules and regulations of the
Personnel Bylaw.
A group of classes designated by occupation as appearing in Chapter 8.
The dollar difference between step rates.
The current occupant of a position.
The written description of a position, approved by the Town
Administrator, including the title, a statement of the nature of the
work, examples of duties and responsibilities, and the minimum qualification
requirements that are necessary for the satisfactory performance of
the duties of the position.
The separation of an employee because of lack of work or
funds or other reasons not related to fault, delinquency, or misconduct
on the part of the employee.
An authorized absence from regularly scheduled work hours
which has been approved by proper authority.
The highest rate in a range which an employee is entitled
to obtain.
The lowest rate in a range (normally the hiring rate of a
new employee).
Time an employee is directed and authorized to work in excess
of the normal work week.
Employment for less than 20 hours per week on a regularly
scheduled basis.
A schedule of compensation for all grades in the classification
plan, including any successive pay rate steps established for each
grade. All positions allocated to one grade will be paid according
to the salary range established for that grade.
A period of active employment, including vacation and sick
leave.
Employment for less than full time but for 20 hours or more
per week for 52 weeks per year on a regularly scheduled basis.
A full time or permanent part-time position in the Town which
has required or which is likely to require the services of an incumbent
in continuous employment for a period of 52 calendar weeks and in
excess of 20 hours per week.
A rate above the maximum rate applicable only to a designated
employee.
Any and all activities affecting any aspect of an employee's
status which includes appointments and changes in appointments, original
hiring, re-employment, transfer, promotion, demotion, changes in hours,
reallocation, resignation, suspension, discharge, placement on leave,
step increases, etc.
An office or post of employment in the Town with duties and
responsibilities calling for the full time, part-time, or seasonal
employment of one person in the performance and exercise thereof.
An employee who has not yet completed a probationary period
of service, but who is otherwise entitled to the same benefits as
a permanent employee.
A working test period, following an appointment, during which an employee is required to demonstrate, by conduct and actual performance of the duties, fitness for the position to which appointed (See Chapter 20).
The movement of an employee from a position of one grade
to a position of another grade with a higher maximum pay rate.
The dollar difference between minimum and maximum rates.
A sum of money designated as compensation for work performed
on an hourly, daily, weekly, monthly, annual or other basis.
The assignment of a position to a grade different from the
one to which it was previously assigned.
Any employee who is employed over 20 hours per week on a
regularly scheduled basis as either a full time employee or as a permanent
part-time employee.
The Town is a certified seasonal employer by the Massachusetts
Department of Unemployment Assistance. Annually the Town applies for
certification of positions for our summer beach and recreation programs.
Seasonal employees work for a specific time period totaling less than
20 weeks in a calendar year (i.e., Lifeguard: May - September).
[Amended 5-13-2019 ATM by Art.
46]
An employee's uninterrupted, continuous length of service
as a permanent employee with the Town.
An increase in pay from one step to a higher step in the
pay range for an employee who meets the eligibility conditions specified
in these policies.
A rate in a range of a compensation grade.
An involuntary absence without pay imposed on an employee
as disciplinary action or pending final outcome of appeal.
Employment for non-seasonal employees for up to 40 hours
per week not to exceed 1,025 hours in one calendar year.
The Town of Orleans.
The chief administrative officer of the Town responsible
for administering and coordinating all employees, activities and departments
placed by general law, charter or by-law under the control of Selectmen
or Town Administrator, as outlined in the Orleans Home Rule Charter.
The movement of an employee from one position to another
position of the same grade or of another grade having the same pay
rate involving the performance of similar duties and requiring essentially
the same basic qualifications.
The work week shall be 40 hours except as may be otherwise
established by this bylaw.
4-1.
The Board of Selectmen shall appoint a Personnel Advisory Board consisting
of three unpaid members. Each member shall serve for a three year
overlapping term.
4-2.
Each member shall continue to hold office until a successor has been
appointed and qualified. Vacancies shall be filled for the balance
of an unexpired term by the appointing authority.
4-3.
Forthwith and after its appointment and annually, the Board shall
meet and organize by electing a chairman, and appointing a secretary
from the Board. A majority of the Board shall constitute a quorum
for the transaction of business. A majority vote of the Board shall
determine the action the Board must take in all matters which it is
authorized or required to pass under these Bylaws.
[Amended 5-9-2011 ATM, Art. 23]
4-4.
The Board shall process grievances in accordance with the procedures
set forth in Chapter 16, Grievance Procedure.
4-5.
When requested by and acting on behalf of the Town Administrator
the Personnel Advisory Board is authorized to:
4-5-1.
Conduct inter-town studies of wage rates and employee benefits to
assist in consideration of wage adjustments or benefits improvement
for Town Meeting action.
4-5-2.
Mediate disputes over the interpretation of this bylaw between employees
and department heads as part of a formal grievance procedure.
4-5-3.
Advise the Town Administrator on problem areas within this bylaw
as brought to the attention of the board in meetings with employees.
4-6.
The Board may employ assistance and incur expenses subject to the
appropriation of funds as it deems necessary.
4-7.
The Board shall make an annual report in writing to its appointing
authorities on or before January 10 of each year. The Board shall
make an annual report in the Town Report.
5-1.
All positions in the Town except those excluded in Chapter 1-3-1 are hereby classified by titles appearing in Chapter 8, which is made a part hereof. These classes of positions shall constitute the Classification Plan for the Town service.
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The Board shall maintain written job descriptions or specifications
of the classes in the Classification Plan, each consisting of a statement
describing the essential nature of the work and the characteristics
that distinguish the class from other classes.
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The description of any class shall be construed solely as a
means of identification and not as prescribing what the duties or
responsibilities of any position shall be, or as modifying or in any
way affecting the power of any Administrative Authority as otherwise
existing, to appoint, to assign duties to, or to direct and control
the work of any employee under the jurisdiction of such authority.
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5-2.
The title of each class, as established by the Classification Plan,
shall be 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.
5-3.
Whenever a new position is proposed by the Town Administrator or
the duties of an existing position are so changed and approved by
the Town Administrator that in effect a new position is created, the
Town Administrator shall document any changes in the position, its
duties and/or responsibilities, evaluate the position and present
documentation to the Board of Selectmen for review and approval. The
Personnel Advisory Board shall make recommendation concerning the
reclassification as part of its review of changes to the Personnel
Bylaw.
5-4.
Certification of Classification Change. No employee shall be paid
in any circumstances until the Town Treasurer is presented with proper
authorization on an appropriate form, signed by the Department Manager,
Director of Municipal Finance/Town Accountant and the Town Administrator.
6-1.
The Compensation Plan shall consist of schedules which provide minimum and maximum salaries or wages for individual positions as referred to in Chapter 8.
6-2.
No Administrative Authority shall fix the salary of any employee
in a position in the Classification Plan except in accordance with
the Compensation Plan, and no person shall be paid as an employee
in any position subject to the provision of the Classification Plan
under any title other than those appearing in the Compensation Plan.
6-3.
An employee in continuous employment shall, subject to the provisions of Chapter 21, receive the step increase between the present rate and the next higher rate on July 1st of each year until the employee reaches the maximum. In any year, any employee hired or promoted after April 1st shall not be eligible for the annual step increase on the following July 1st unless authorized by the Town Administrator.
6-4.
An employee occupying a seasonal position shall be paid the higher rate of the range provided in the rate schedule referred to in Chapter 8, upon the recommendation of the Department Manager, after completion of the annual period of seasonal employment.
6-5.
An employee receiving a promotion to a higher position or to a new
position as defined in Chapter 5-3 shall, upon assignment resulting
from such promotion, receive such step rate in the new position as
recommended by the promoting authority but in no such case at a lower
compensation than enjoyed before the promotion.
6-6.
Each Department Manager shall include in the estimates, required
by the provision of Section 59 of Chapter 41 of the General Laws,
a pay adjustment section setting forth in detail the amounts which
will be required for anticipated pay adjustments during the ensuing
year and shall furnish a copy thereof to the Town Administrator.
6-7.
The adjustments provided for in this section shall be subject to
the availability of appropriated funds.
6-8.
Longevity.
6-8-1.
Based on anniversary date, full time employees will receive a longevity
bonus of $500 after completing five years of continuous service, increased
by an additional $50 each year of continuous service through the ninth
year.
6-8-2.
On completion of 10 years of continuous service the employee will
receive $750 increased by an additional $75 each year of continuous
service through the 14th year.
6-8-3.
On completion of 15 years of continuous service, the employee will
receive $1,200 longevity bonus increased by an additional $100 each
year through the 19th year.
6-8-4.
On completion of 20 years of continuous service, the employee will
receive $1,800 longevity bonus increased by an additional $150 for
each additional year of continuous service.
6-8-5.
The longevity bonus will be paid annually during the month of December
to those who qualify by length of continuous service prior to December
1st of each year. Permanent part-time employees will be entitled to
one half the longevity bonus paid to full-time employees.
6-8-6.
After 10 years of continuous employment, an employee who retires
or whose services are terminated through no fault of their own and
is eligible for longevity bonus shall receive longevity payment for
any time earned up to said date of termination of employment. Earned
bonus will be paid at time of termination and may be prorated if termination
date does not coincide with anniversary date.
6-9.
Temporary Emergency Assignment.
6-9-1.
Department Managers and supervisory personnel who are exempt under
the provisions of the Fair Labor Standards Act and who are regularly
compensated on an annual salary basis will be paid their regular salary
for a normal day's work. If the Town Administrator assigns work outside
the scope of their regular duties (out of title work), the employees
shall be paid a stipend agreed to by the Town Administrator and the
employees.
[Amended 5-9-2011 ATM, Art. 23]
6-9-2.
Regardless of the temporary or emergency work being performed, all
other employees will be paid the higher or either their regular hourly
rate or the hourly rate established for the position involved. Overtime
will be paid, if applicable.
7-1.
The Classification Plan and/or the Compensation Plan and/or other
provisions of these Bylaws may be amended by vote of the Town at either
a regular or a special Town Meeting in the same manner as other bylaws
of the Town may be amended. A proposed amendment, other than one originating
with the Town Administrator, shall be filed with the Town Clerk who
shall record same and submit a copy thereof to the Personnel Advisory
Board and the Town Administrator. The Board shall hold a public hearing
to consider any such proposed amendment after having given at least
10 days' written notice thereof.
7-2.
The Town Administrator may propose an amendment to the plan or other
provisions of these Bylaws according to the procedure outlined in
the preceding subsection.
7-3.
The Town Administrator shall make recommendations on any proposed
amendment to the Finance Committee and shall make recommendations
with regard to any amendment at the Town Meeting at which such amendment
is considered.
7-4.
As part of any approved reorganization, reclassification of existing
positions, or the addition of a new part-time, temporary or seasonal
employee, the Board of Selectmen, without a vote of the Town Meeting,
may amend the Classification Plan to add or change a job title for
a part-time, temporary or seasonal employee and authorize the Town
Administrator to fill the new position utilizing existing funding;
provided, however, that no additional appropriation is necessary.
[Amended 5-13-2019 ATM by Art. 46]
8-1.
See separate schedule for current classification and rates of pay
which, by reference, is made a part of this bylaw.
8-1-1.
Effective
July 1, 2019, compensation plans for full time, part time, seasonal
and call firefighter positions will be increased by a 2% cost of living
adjustment (COLA).
8-1-2.
Effective
the first period after July 1, 2019, the Town will add an 11th step
to the Compensation Plan A that is 2.5% (two and a half percent) higher
than Step 10. After the additional step is implemented, Step 1 of
the compensation plan will be deleted and the compensation plan will
consist of just Steps 2-11. The only effect of the elimination of
Step 1 will be that Step 2 will become the lowest initial step placement
for an employee hired on or after July 1, 2019. It shall not change
the step placements of current employees implemented on July 1, 2019.
9-1.
The work week for full time employment shall be 40 hours. This will
be based upon five eight-hour days exclusive of lunch periods or 40
hours as otherwise established by Department Managers with the approval
of the Town Administrator.
9-2.
Non-administrative employees who regularly work a forty-hour week
must work in excess of 40 hours in any week before overtime rates
are applicable. Paid leave does not count as hours worked.
9-3.
All employees covered by Chapter 8 of the Bylaw, with the exception of Department Managers and those who check in by time clock, shall record on a weekly basis the number of hours worked each day of that week. Supervisors and Department Managers shall be responsible for assuring the availability and accuracy of time records for each employee under their supervision.
10-1.
Administrative and Supervisory.
10-1-1.
Employees occupying positions classified in as "exempt" are not entitled
to overtime compensation consistent with the Fair Labor Standards
Act. However, such employees with the approval of the Town Administrator,
may use professional discretion in taking time off in consideration
of excess hours worked during the normal work schedule.
10-1-2.
It is the responsibility of the Department Manager to control and
minimize overtime which shall be worked only when necessary in his/her
judgment and shall be authorized by him/her in advance and shall be
kept within the appropriated funds.
10-2.
All Other Permanent Employees.
10-2-1.
All other permanent part-time and permanent full time employees who
work in excess of 40 hours in one calendar week shall be paid at the
rate of 1 1/2 times their regular hourly rate for overtime hours.
Paid leave does not count as hours worked.
10-2-2.
In the interest of safety and employee health, the department manager
may provide a four-hour break on completion of 16 continuous hours
of work. If the employee is recalled immediately after this break,
the employee will be paid at the regular rate. If this break occurs
during the employee's normal work day, no loss of straight time wages
for this break will be incurred. However, the employee must return
to work after the break or not be paid for the balance of a normal
work day.
10-2-3.
An employee in part-time, temporary, seasonal and seasonal recreation
employment is not entitled to the benefits as set forth in this section.
10-3.
Compensatory Time.
10-3-1.
Upon approval of the Department Manager, an employee who is eligible
for overtime may elect, in writing, to accept compensatory time off
in lieu of overtime pay, at a rate of 1 1/2 hours for each hour
worked in excess of 40 hours. This agreement shall be in writing between
the employee and the Town and will state a specific period for which
the agreement will be in effect.
10-3-2.
Compensatory time off must be scheduled in advance subject to the
approval of the Town Administrator or designee and will normally be
taken within 30 working days. It is understood, however, that seasonal
pressures may not permit such scheduling, and accordingly, the working
day time limit will be waived to allow time to be taken within six
calendar months with a maximum amount of time to be taken at any one
time to be five consecutive days including holidays and weekends.
11-1.
The following days shall be recognized as legal holidays within the
meaning of these Bylaws and employees shall be excused from all duty
not required to maintain essential Town services.
[Amended 5-13-2013 STM, Art. 3]
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New Year's Day
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Labor Day
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Martin Luther King Day
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Columbus Day
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President's Day
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Veteran's Day
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Patriot's Day
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Thanksgiving Day
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Memorial Day
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Day after Thanksgiving
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Independence Day
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Christmas Day
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11-2.
A full time employee shall be entitled to these designated paid holidays
on the following terms:
11-2-1.
If paid on an hourly basis the employee shall receive one day's pay
at the employee's regular rate based on the number of hours regularly
worked on the day on which the designated holiday occurs.
11-2-2.
If paid on an annual basis, the employee shall be granted each designated
holiday without loss of pay.
11-3.
A permanent part-time employee shall be granted such paid holidays.
Compensation paid for such holidays shall equal the pay received by
the permanent part-time employees for the average of hours worked
per day during the year.
11-5.
An employee who is part-time, temporary, seasonal or seasonal recreation
employment is not entitled to the benefits set forth in this section.
11-6.
When a holiday listed above falls on a Saturday or Sunday, the holiday
leave will be taken on the immediate preceding Friday or immediate
following Monday.
12-1.
A new employee is entitled to 10 working days paid vacation after
one year of continuous employment. Five days may be taken after the
first six months; the remaining five days may be taken after the completion
of 12 months.
12-1-1.
Thereafter, upon completing one full year of employment after the
employee's anniversary date, a full-time employee shall be granted
10 working days vacation per year during the employee's first five
years of employment.
12-1-2.
In the year in which the employee commences the 6th year of employment,
the employee shall be granted 15 working days vacation per year.
12-1-3.
After completing 10 years of continuous employment, an employee shall
be granted 20 working days paid vacation per year.
12-1-4.
After completing fifteen (15) continuous years of service, the employee
shall be granted twenty-five (25) working days paid vacation per year.
Employees hired on or after July 1, 2012 shall be eligible for twenty-five
(25) working days paid vacation after twenty (20) or more years of
service.
[Amended 5-12-2014 ATM, Art. 25]
12-2.
In no event will vacation be granted for more than 20 consecutive
working days except for an employee with 10 or more years of service.
12-3.
A permanent part-time employee in continuous employment shall be granted such vacation time as above; provided; however, such vacations shall be in the same ratio to those authorized under Section 12-1 above as the hours worked per year by the permanent part-time employee bear to the hours worked per year by a full time employee.
12-4.
Upon the death of an employee who is eligible for vacation under
these rules, payment shall be made to the estate of the deceased in
an amount equal to the vacation allowance as accrued up to the employee's
death but which had not been taken.
12-5.
Employees who are eligible for vacation under these rules and who
are terminated, resign, retire, or enter into the armed forces, shall
be paid an amount equal to the vacation allowance as earned, and not
taken, up to such termination, resignation, retirement, or entrance
into the armed forces.
12-6.
An employee shall be granted an additional day of vacation if, while
on vacation leave, a designated holiday occurs which falls on or is
legally observed on Monday, Tuesday, Wednesday, Thursday or Friday.
12-7.
A part-time, temporary, seasonal and seasonal recreation employee
shall not be entitled to benefits set forth in this section.
12-8.
Yearly vacation allowances provided under the terms of this section
may be carried over for one succeeding year, provided at least two
(2) weeks vacation is taken each year. Such vacation shall be granted
by the appropriate administrative authority at such time as will cause
the least interference with the performance of the regular work of
the Town. The Town Administrator shall have the discretion to instruct
the employees who exceed vacation carryover to take vacation. The
Town Administrator’s remedial option shall not include imposing
the forfeiture of any accrued vacation.
[Amended 5-13-2019 ATM by Art. 46]
12-9.
Any deviation from this bylaw occasioned by unusual circumstance
must have written approval of the Department Manager, and the Town
Administrator.
12-10.
When an employee is in the process of separating from the Town’s
employment, the Town can choose to pay an employee’s accrued
vacation in a lump sum or pay it out in increments while the employee
remains employed (but inactive), or any combination of those methods.
To the extent that the payment extends the employee’s employment,
the employee shall not accrue or receive any other benefits except
that the Town will continue to pay its share of the premium split
for the Town health insurance plan subscribed by the employee.
[Added 5-13-2019 ATM by Art. 46]
13-1.
Sick Leave
13-1-1.
Full-time permanent employees hired before July 1, 2018, are eligible
for one and one quarter (1 1/4) days of sick leave, with pay, for
each month of continuous employment during each fiscal year. Full-time
permanent employees hired on or after July 1, 2018, are eligible for
one (1) day of sick leave with pay for each month of continuous employment
during each fiscal year. If such leave is not used in each fiscal
year, the unused portion may be accumulated for sickness or disability
contingency in subsequent years. Should an employee suffer illness
or accident of sufficient severity to require more than that employee's
accumulated sick days, such leave may be granted only in unusual circumstances
and upon recommendation of the Department Manager, and the Town Administrator.
[Amended 5-13-2019 ATM by Art. 46]
13-1-2.
Leave days will not include Saturdays, Sundays, or holidays except
in those departments required to work as part of the normal work week.
In event of illness or accident during a vacation period, the employee's
vacation term will not be increased or changed in any way.
13-1-3.
An employee is entitled to leave with pay for illness or accident
only after such leave has been earned. In no event shall earned days
for illness or accident be construed as additional vacation allowance.
Effective July 1, 2019, an employee shall be allowed to use up to
5 (five) days of their paid sick leave each fiscal year to provide
care for an ill spouse, child, including step-child, or parent whether
or not the illness qualifies for FMLA leave. All of the enforcement
provisions of this article regarding personal sick leave shall apply
to family illness leave. All of the enforcement provisions of this
article regarding personal sick leave shall apply to family illness
leave.
[Amended 5-13-2019 ATM by Art. 46]
13-1-4.
Certification of Illness.
(a)
For sick leave in excess of three working days, or if the Department
Manager or designated supervisory official suspects an abuse of sick
leave, the department manager or supervisory official may require
a certificate from the attending physician indicating the nature of
such sickness, illness or non-related job accident and that such illness
prevented the employee from working.
(b)
The Town Administrator or designee may, at any reasonable time, require
that a medical examination, by a physician of his/her own choosing,
be made of any employee. The cost of such examination shall be borne
by the Town.
13-1-5.
After ten (10) years of full-time continuous employment, an employee
who retires or whose services are terminated through no fault or delinquency
of his/her own, shall be eligible for a credit of one third of unused
accumulated sick leave up to 210 days, at the time of such termination
of employment - said credit to be given as compensatory time at the
time of such termination of employment. Time lost resulting from job-related
injuries or illness will not be deducted from the employee's accumulated
sick leave, except when an employee on workers compensation uses his/her
sick leave to supplement workers compensation benefits that, when
added to the disability compensation, will result in full wages or
salary. Full-time permanent employees hired on or after July 1, 2018,
shall not be eligible for any credit of unused sick leave at the time
of their termination of employment. For employees eligible for the
unused sick leave compensatory payment, the payment will be made in
a lump sum upon separation from employment.
[Amended 5-13-2019 ATM by Art. 46]
13-1-6.
A permanent part-time employee in continuous employment shall be
entitled to leave with pay as determined by the Town Administrator.
Leave granted to such qualified employees shall be in the same ratio
as the hours worked per year by the permanent part-time employee bear
to hours worked per year by a full time employee.
13-1-7.
If an employee does not utilize sick leave during any consecutive
twelve-month period and the employee has been a regular employee during
this entire period, the employee shall be granted one personal day
which may be taken in the following twelve (12) months and in accordance
with the guidelines under the section entitled "Personal Days." It
shall be the responsibility of the employee who is entitled to an
additional personal day to request and confirm the personal day with
the Department Manager.
[Amended 5-9-2011 ATM, Art. 23]
13-2.
Bereavement Leave.
13-2-1.
Leave with pay may be granted by the Department Manager to an employee
for the following:
(a)
Five days for the death of a spouse, child, parent, brother or sister.
(b)
Three days for the death of a grandparent, grandchild, parents-in-law,
brother-in-law, sister-in-law, stepparent or stepchild.
(c)
One day granted to attend the funeral of an aunt, uncle, any other
relative or a person living in immediate household.
13-3.
Jury Duty and Military Leave.
13-3-1.
Employees who are required to report for jury duty shall receive
their regular earnings less compensation paid by the Commonwealth
of Massachusetts or federal government for jury service. Employees
who are excused from reporting for jury service for the day will inform
their Department Manager/Town Administrator and when requested shall
return to work during the leave period covered by this section. If
the employee returns to work, no additional compensation shall be
granted.
13-3-2.
Employees who are required, not exceeding 17 days in a year, to miss
work to attend military training shall receive their regular earnings
less compensation received for military training. Employees who are
required to miss work for military service shall receive their regular
earnings less base pay for military service, as per Town Meeting adoption
of Chapter 77 of the Acts of 2005.
13-4.
Family and Medical Leave Policy
13-4-1.
The provisions of the Family and Medical Leave Act of 1993, as amended,
shall apply to all eligible employees covered by this bylaw. If there
is a conflict between the Family and Medical Leave Act, and Massachusetts
General Laws Chapter 149, Section 105-D, the statute providing the
greater benefit shall prevail.
13-4-2.
The administration of the provisions of the Family and Medical Leave
Act will be in accordance with the Town of Orleans Family and Medical
Leave Policy.
13-5.
Personal Leave.
|
Subject to the prior approval of the Department Manager, employees
may be granted up to a maximum of three days per fiscal year for personal
emergency or personal business which cannot be done other than during
working hours. This time may not be used immediately before or after
a holiday or vacation.
|
[Amended 5-13-2019 ATM
by Art. 46]
14-1.
The Town will pay that portion of the premium for the group hospital,
medical, surgical and life insurance under the Barnstable County Group
Plan for an eligible employee as is authorized under certain provisions
of Chapter 32 B of the General Laws of the Commonwealth.
14-1-1.
The monthly health insurance premium for the group indemnity plan
shall be split 65% paid by the Town and 35% paid by the employee.
14-1-2.
For employees hired prior to July 1, 2018, the monthly health insurance
premiums for subscribers to the PPO and HMO plans shall be split 75%
paid by the Town and 25% paid by the employee. For employees hired
on or after July 1, 2018, the monthly health insurance premiums for
subscribers to the PPO and HMO plans shall be split 65% paid by the
Town and 35% paid by the employee.
14-1-3.
Flexible spending account. The Town offers a flexible savings account
(FSA) for any employee who chooses to set up an account to pay for
health care costs. The Town pays the monthly base administrative fee
(currently $50 per month) and any participant fee (currently $6 per
month).
15-1.
Town employees are not contributors to nor beneficiaries of the Federal
Insurance Contributors Act (FICA). However, employees are subject
to the Medicare portion of FICA.
15-2.
Full time employees and those permanent part-time employees who meet
specified conditions of employment automatically become members of
the Barnstable County Contributory Retirement Plan and as such are
eligible for retirement benefits under this plan.
15-3.
Part-time, seasonal or temporary employees are required to contribute
at least 7.5% of wages to the Section 457 Massachusetts Deferred Compensation
SMART Plan, an alternative to Social Security coverage permitted by
the federal Omnibus Budget Reconciliation Act of 1990 (OBRA).
16-1.
A grievance is defined as an allegation that a section of this bylaw
has been misapplied to the detriment of an employee. Grievances shall
be processed in the following manner:
16-1-1.
An employee who feels that this bylaw has been misapplied shall discuss
the matter with the department manager within ten (10) working days,
exclusive of Saturdays, Sundays and holidays, of the occurrence of
the grievance or of the employee's knowledge of the grievance. The
department manager shall respond in writing to the employee within
five (5) working days.
[Amended 5-12-2014 ATM, Art. 25]
16-1-2.
If the grievance is not resolved in Section 16-1-1, the employee shall present, in writing, to the Personnel Advisory Board information pertaining to the specific section of this bylaw which has been misapplied, the date and time of the misapplication, and any other pertinent facts or circumstances. This written information shall be presented within twenty (20) working days of the occurrence of the grievance.
[Amended 5-12-2014 ATM, Art. 25]
16-1-3.
The Board shall meet with the employee within thirty (30) working
days of the presentation of the grievance and shall issue a written
response within ten (10) working days of the meeting with the employee.
[Amended 5-9-2011 ATM, Art. 23; 5-12-2014 ATM, Art. 25]
16-1-4.
If the grievance remains unsettled, the employee may present the
grievance to the Town Administrator within ten (10) working days of
receipt of the Personnel Advisory Board's recommendation. The Town
Administrator shall provide a written decision within ten (10) working
days of the presentation of the grievance.
[Amended 5-9-2011 ATM, Art. 23; 5-12-2014 ATM, Art. 25]
16-1-5.
The employee may appeal the decision of the Town Administrator to
the Board of Selectmen within ten (10) working days of the date of
the written decision. The Selectmen shall respond within fourteen
(14) working days of the receipt of the appeal. The decision of the
Board shall be final.
[Amended 5-9-2011 ATM, Art. 23; 5-12-2014 ATM, Art. 25]
16-1-6.
Failure to respond within the listed time frames by the grievant
shall be deemed an acceptance of the decision of the previous level.
Failure to respond within the listed time frames by the Town Administrator
or Board of Selectmen shall serve as a denial of the grievance.
[Amended 5-9-2011 ATM, Art. 23]
16-1-7.
All references to "days" in this section are to working days, exclusive
of legal holidays and weekends.
17-1.
A sick leave bank for permanent full-time and part-time employees
covered by this bylaw shall be established.
17-1-1.
Each employee shall contribute up to two days of annual sick leave
entitlement to the bank. An employee who has not contributed to the
sick leave bank will be required to contribute up to two days sick
leave entitlement before requiring additional days from employees
who have already contributed to the bank.
17-1-2.
The Town shall annually contribute up to one day of leave per employee
to the bank.
17-1-3.
The sick leave bank shall not exceed 200 days.
17-2.
The administration of this bank shall be vested in a Sick Leave Bank
Committee comprised of three persons, two of whom shall be elected
for two-year terms by the employees under this bylaw and one appointed
by the Town Administrator.
17-2-1.
An employee must request use of sick leave bank days by submitting
a written request to the Sick Leave Bank Committee Chairman.
17-2-2.
An employee must use all sick days, vacation and any other leave
prior to applying for sick leave bank days.
17-2-3.
An employee may be allowed to use sick leave bank days equal to the
number of personal sick leave days used.
17-2-4.
The Sick Leave Bank Committee shall vote on each request for sick
leave bank days and report the vote to the Town Administrator.
17-2-5.
A denial of request for sick leave bank days for an employee shall
not be subject to the Grievance Procedure in Chapter 16.
17-3.
Deviation from these policies shall be allowed only with the approval
of the Town Administrator and the Sick Leave Bank Committee.
18-1.
Policy. The Town of Orleans is an equal opportunity employer and
does not discriminate against any applicant because of race, color,
religion, sex, marital status, national origin, age, disability, sexual
orientation or any other class protected by federal, state or local
law. Selection and appointment to all positions will be based solely
upon job-related requirements and the applicant's skills, knowledge,
abilities and other characteristics necessary for successful job performance.
18-2.
Recruitment Procedures.
18-2-1.
Defining the Job. When a vacancy occurs, the Town Administrator,
with the assistance of the Department Manager, will review the accuracy
of functions, duties, responsibilities, and minimum qualifications
of the position. Initial consideration for a position shall be given
to "in-house" employees, and Department Managers may recommend employees
to the Town Administrator.
18-3.
Advertising the Vacancy. The Town Administrator will be responsible
for advertising the vacancy in such manner as to assure that all interested
and qualified individuals, including current employees, are informed
of the position title, duties, responsibilities, and salary range;
minimum and special qualifications for the job; the time, place and
manner of making application; and any other information which may
be useful to applicants.
18-5.
Selection Procedures.
18-5-1.
Evaluation of applicants. The Department Manager shall determine
the criteria to be used to evaluate the merit, fitness, ability and
qualifications of applicants to perform the duties of the position.
Evaluation may include assessment of training, education and work
experience; written, oral and performance tests; and reference checks.
18-5-2.
Interview and Selection. The Department Manager, with the Town Administrator
or designee, if appropriate, will interview qualified applicants and
recommend a candidate for employment to the Town Administrator for
approval.
18-5-3.
Physical Examinations. Before appointment to a position, but as the
last step in the hiring process, the Town may condition the employment
offer on the result of a medical examination. All physical examinations
will be performed by a physician approved by the Town Administrator.
This examination will be conducted solely to determine whether the
applicant is capable of performing the essential functions of the
job if the Town makes reasonable accommodation.
18-5-4.
Notification. Successful candidates will be contacted by the Department
Manager after the selection process has been completed. Unsuccessful
candidates will be informed in writing in a timely manner.
19-1.
Objective. The probationary period is an integral part of the selection
procedure, allowing the supervisor, department manager and/or appointing
authority to train, observe, and evaluate an employee's work in order
to determine fitness for permanent status in the position.
19-2.
Duration of Probationary Period. Each person promoted or appointed
to a permanent position shall be required to complete successfully
a probationary period which shall be of sufficient length to enable
the department manager to observe the employee's ability to perform
the various principal duties of the position. Throughout the probationary
period, the department manager will observe the employee's performance,
and any strengths or weaknesses in the employee's performance will
be discussed with the employee.
19-2-1.
The probationary period shall begin immediately upon original appointment
and continue for six months or, upon promotion, shall continue for
three months from the date of the appointment.
19-2-2.
The probationary period may be extended an additional six months
on the recommendation of the Department Manager and approved by the
Town Administrator.
19-3.
Probation Expiration. At least one month prior to completion of the
employee's probationary period the department manager or designee
will notify the Town Administrator in writing that:
19-3-1.
The employee's performance is satisfactory and that the individual
should be retained as a permanent employee in his position; or
19-3-2.
The employee's probationary period may be extended an additional
six months because of extenuating circumstances; or
19-3-3.
The employee's performance or conduct is unsatisfactory, and that
his/her removal is proposed as of a specific date prior to the end
of the probationary period. The appointing authority or designee will
furnish reasons for the recommended dismissal.
19-4.
Removal of an Employee.
19-4-1.
An employee may be removed during the probationary period if the
employee is unwilling or unable to perform required duties or if his/her
habits or dependability do not merit continuance in the position.
The employee will be notified in writing why he/she is being terminated
and the effective date of the action.
19-4-2.
An employee may also be removed at any time if it is determined that
information submitted prior to appointment was falsified.
20-1.
Promotion Policy. Employees are encouraged to develop new skills,
expand knowledge of their work, assume greater responsibilities, and
make known their qualifications for promotion to more difficult and
responsible positions.
20-1-1.
Vacancy announcements shall be distributed and posted in all Town
buildings. Current employees are encouraged to apply for any vacancy
for which they meet the requirements of the position. No supervisor
shall deny an employee permission to apply for a vacancy.
20-1-2.
When a Town employee's qualifications are judged to be equal to or
higher than outside applicants, the Town employee shall be given preference.
20-1-3.
When a person is promoted to a higher position, whether temporary
or permanent, a certificate attesting to that action must be signed
by the Department Manager, the Town Administrator, and the Director
of Municipal Finance/Town Accountant together with acceptance of the
promotion by the employee.
20-3.
Transfer. A position may be filled by transferring an employee from
another position of the same or similar grade having the same maximum
pay rate, involving the performance of similar duties, and requiring
essentially the same basic qualifications. Interdepartmental transfers
must be approved by the appointing authorities so affected.
20-4.
Separation.
20-4-1.
Retirement is the separation of an employee in accordance with the
provisions of the retirement system under which the employee is eligible
to receive benefits.
20-4-2.
Resignation is the separation of an employee by his/her voluntary
act. An employee may resign in good standing from the jurisdiction
by submitting in writing the reasons therefor and the effective date
to the Department Manager or designee at least 14 calendar days in
advance. The Town Administrator may permit a shorter period of notice
because of extenuating circumstances. The resignation shall be forwarded
to the Town Administrator with pertinent information concerning the
reason for resignation. The Town Administrator or designee shall make
every effort to conduct an exit interview with each employee who resigns
and will verify the employee's reasons for leaving. Copies of the
employee's letter of resignation will be placed in the employee's
personnel record.
20-4-3.
Layoff. In the case of layoff or reduction of personnel for lack
of work or by reason of fiscal cutback, the laying off or demotion
of employees within each job title shall be determined first by type
of appointment in the following order: temporary, probationary and
then permanent. Within the type of appointment, the order of layoff
shall be determined on a departmental basis by the Town. In no case
shall such layoff or demotion be construed as a dismissal for unsatisfactory
performance.
20-4-4.
Vacation pay or any other accrued leave remuneration due upon separation
shall be determined and approved prior to payment by the Town Administrator
upon submission of written application by the Department Manager.
21-1.
The Town Administrator shall be responsible for the establishment
of the employee performance appraisal system. Evaluation of employee
performance is the continuing day-to-day responsibility of the supervisor.
The appraisal process will be fundamentally positive, and if necessary,
corrective.
21-2.
Evaluation for Step Increase. Prior to a step increase, the Department
Manager will review the employee's overall work performance to determine
that the employee is performing at an acceptable level of competence.
21-2-1.
If the employee's work performance is unacceptable, the employee
shall be provided a three-month remediation period. If the employee
improves his/her competence to an acceptable level, the employee shall
receive his/her step increase retroactive to the beginning of the
fiscal year.
21-2-2.
If the employee fails to improve his/her competence to an acceptable
level, the employee will not receive a step increase.
22-1.
Policy. It shall be the joint responsibility of the Department Manager
or designee and Town Administrator to foster and promote employee
training programs for the purpose of improving the quality of personal
service and promoting advancement in the service.
22-2.
Identifying Training Needs. Department managers or their designees
should keep themselves apprised of relevant training programs and
should recommend appropriate training for themselves and their staff.
22-3.
Education Reimbursement.
22-3-1.
Any job-related educational course requested by the Town shall be
paid for by the Town directly.
22-3-2.
Financial assistance in the form of tuition reimbursement may be
granted to employees for job-related continuing education. To be eligible,
employees must receive approval from both their Department Manager
and Town Administrator prior to enrollment. Tuition reimbursement
will be made based upon satisfactory completion of the course with
a C grade or better for undergraduate courses and a B grade or better
for graduate courses. Pass/fail courses will only be considered with
a passing grade.
23-1.
The Town of Orleans is committed to providing a safe and healthy
work environment, will strive to provide the physical facilities conducive
to personal safety, and will maintain safety and wellness programs
embodying proper attitudes towards injury and illness prevention.
23-2.
Supervisors are encouraged to ensure that all operations are performed
with the utmost regard for the safety of all personnel involved, including
themselves, are encouraged to distribute the Employee Safety Handbook
to their staff and to establish safety guidelines addressing any safety
concerns unique to their work site. Employees are encouraged to accept
safety and health guidelines to prevent injuries in the workplace.
23-3.
Safety Committee. The Safety Committee consists of Department Managers
and such functional employees as may be necessary to provide constructive
input and to assure first-hand communication and action. The Safety
Committee will:
(a)
Meet at least quarterly to discuss accident and injury prevention,
formulate safety policies for approval of top level administration.
(b)
Work with the Town's insurance provider to review all accidents and
injuries and develop preventive measures.
(c)
Provide an opportunity for free discussion of accident and injury
problems for the purpose of devising solutions and preventive measures.
(d)
Disseminate safety information to all departments and divisions along
with their individual accident/injury records.
(e)
Educate administration, management, supervision and functional workers
in accident and injury prevention and keep them informed on safety
matters.
(f)
Report the findings, discussions and recommendations of the Committee
to top level administration for information and action.
(g)
Assist in developing and implementing safety training and education
programs.
24-1.
Discipline. It is the responsibility of all employees to observe
the policies and regulations necessary for the proper operation of
the departments in Town government.
24-1-1.
Departmental Responsibilities. The manager of each department is
responsible for the proper and efficient operation of the department
and for enforcing all policies and regulations. Supervisors are authorized
to apply, with the approval of the appropriate departmental official,
such disciplinary measures as may be necessary.
24-1-2.
Reasons for Disciplinary Action. Disciplinary action may be imposed
upon an employee for conduct or actions which interfere with or prevent
the Town from effectively and efficiently discharging its responsibilities
to the public. The following shall be sufficient cause for disciplinary
action:
(a)
Failure to perform or neglect in the performance of the duties of
the position to which the employee is assigned.
(b)
Disregard for or violations of Town department policies and regulations.
(c)
Willful misuse, misappropriation, negligence, destruction of Town
property or conversion of Town property to personal use or gain.
(d)
Frequent tardiness or absence from duty without prior approval.
(e)
Violation of any reasonable or official order, refusal to carry out
lawful and reasonable directions given by a proper supervisor, or
other acts of insubordination.
(f)
Use of intoxicating beverages to excess or abuse of narcotics, drugs,
or other controlled substances so as to interfere with job performance
or the efficiency of Town service
(g)
Use of alcoholic beverages, narcotics, drugs or other controlled
substances while on duty.
(h)
Unsuitable conduct which interferes with effective job performance
or has an adverse effect on the efficiency of the Town service.
(i)
Disregard for or violations of Town bylaws or state laws.
(j)
Failure to observe safety practices, including use of safety equipment
such as eye protection or hearing conservation devices or any other
safety equipment deemed necessary by the supervisor or appointing
authority or designee.
(k)
Any other conduct or action of such seriousness that disciplinary
action is considered warranted.
24-2.
Procedures for Disciplinary Action
24-2-1.
Oral Reprimand. Whenever grounds for disciplinary action exist and
the Department Manager or designee determines that more severe action
is not immediately necessary, the Department Manager or designee should
orally communicate to the employee their observation of the deficiency
and offer assistance in correcting the deficiency. Whenever possible,
sufficient time for improvement should precede formal disciplinary
action. When an oral reprimand is given, the Department Manager or
designee must notify the Town Administrator or designee to ensure
that the employee's personnel file is documented to show date of the
reprimand and the charge. The employee will be advised that this reprimand
will be documented in his/her personnel folder and will have the opportunity
to submit comments for the personnel folder.
24-2-2.
Written Reprimand. A written reprimand shall be addressed to the
employee and will include: the charge; the specific behavior and the
dates of the behavior (where appropriate) that support of the charge;
the warning that continuance of this behavior will result in more
severe disciplinary action; an offer of assistance in correcting the
behavior; any circumstances affecting the severity of the discipline;
and advice on right of appeal (see Chapter 16). A signed copy of the
reprimand shall be sent to the Town Administrator and shall be included
in the employee's personnel file, and the employee will have the opportunity
to submit comments for the personnel folder.
24-2-3.
Suspension. The Town Administrator may suspend an employee, without
pay, for up to, but not exceeding, 30 calendar days. On or before
the effective date of the suspension, the employee will be furnished
with a written statement setting forth reasons for suspension, the
effective dates of the suspension, and the date the employee should
return to work. The statement will also include: the charge; the specific
behavior and the dates of the behavior (where appropriate) that support
the charge; the warning that continuance of this behavior will result
in more severe disciplinary action; an offer of assistance in correcting
the behavior; any circumstances affecting the severity of the discipline;
and advice on right to appeal (see Chapter 16).
24-2-4.
Dismissal. The Town Administrator may terminate an employee after
due consultation with the departmental official recommending the dismissal.
The employee must be given a written notice signed by the appointing
authority specifying the effective date of the termination, the charge,
the specific behavior and the dates (where appropriate) that support
the charge, any circumstances affecting the severity of the discipline,
and advice on right of appeal (see Chapter 16).
24-2-5.
Disciplinary action is generally a progressive procedure; however,
suspension or dismissal may be the initial step taken in a disciplinary
action depending upon the severity of the grounds for disciplinary
action.
24-3.
Privacy and Information. In all instances, both the employee's right
to privacy and the right of the public to have access to public information
shall be preserved, by observance of the appropriate statutes and
laws governing both.
25-1.
The Town Administrator shall be responsible for the maintenance of
personnel records. A personnel record for an employee shall include
the following: the name, address, date of birth, job title and description;
rate of pay and any other compensation paid to the employee; starting
date of employment, the job application of the employee; resumes or
other forms of employment inquiry submitted to the employer; all employee
performance evaluations; written warnings of substandard performance;
lists of probationary periods; waivers signed by the employee; copies
of dated termination notices and any other documents relating to disciplinary
action regarding the employee.
25-2.
The Town shall retain the complete personnel record of an employee,
without deletion or expungement unless agreed to by the employee,
from the date employment begins until three years after the date the
employee terminates his/her employment with the Town. If an employee
brings a cause of action against the Town in any administrative or
judicial proceeding, the Town shall retain any personnel record required
to be kept under Massachusetts General Law Chapter 149, Section 52C,
until final disposition of such claim.
25-3.
An employee will be notified within ten (10) days of placing in the
employee's personnel record any information that has been or may be
used to negatively affect the employee's qualification for employment,
promotion, transfer, additional compensation or the possibility that
the employee will be subject to disciplinary action. If there is a
disagreement with any information contained in a personnel record,
removal or correction of such information may be mutually agreed upon
by the Town Administrator and the employee. If an agreement is not
reached, the employee may submit a written statement explaining the
employee's position which shall become a part of the employee's personnel
file. This statement shall be included when said information is transmitted
to a third party as long as the original information is retained as
part of the file.
[Amended 5-12-2014 ATM, Art. 25]
25-4.
Any employee may request to review and/or copy his/her personnel
record. The request shall be in writing to the Town Administrator
and the review shall take place within five (5) business days during
normal business hours. The Town Administrator will not be required
to allow an employee to review the employee's personnel record on
more than two (2) separate occasions in a calendar year; provided,
however, that notification and review caused by the placing of negative
information in the personnel record shall not be deemed to be one
of the two annually permitted reviews.
[Amended 5-12-2014 ATM, Art. 25]
26-1.
The invalidity of any section of this bylaw shall not invalidate
any other section or provision thereof.
