[HISTORY: Adopted 4-29-2024 ATM by Art. 4.[1] Amendments noted where applicable.]
[1]
Editor's Note: This article provided that this bylaw shall
become effective on July 1, 2024. This article also repealed former
Ch. 35, Personnel, adopted 3-8-1977 ATM by Art. 18, 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 Deerfield. 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
Personnel Board, to consist of six (6) members. The Selectboard shall
appoint two members to the Personnel Board, who shall be appointed
to staggered four (4) year terms. The Moderator shall appoint one
member to the Personnel Board, who shall be appointed to a four (4)
year term. The Finance Committee shall appoint one (1) of its members
to the Personnel Board annually. These four (4) members shall be residents
of the Town and shall not be employed by the Town or elected officials
of the Town. The fifth member of the Personnel Board shall be elected
by a majority of Town employees covered by the Personnel By-law Classification
and Compensation Plan to serve a two (2) year term as the "Employee
Representative". The Employee Representative shall be a voting member
of the Personnel Board but shall not serve as a member of the Personnel
Relations Review Board. The Town Administrator, or their designee,
shall serve in ex-officio, non-voting capacity on the Personnel Board.
All six appointed and elected members shall serve without compensation.
All members shall continue to hold office until their successor has
been appointed and duly qualified. In the absence of a Personnel Board,
the Selectboard shall act in lieu of a Personnel Board and may appoint
a mediator or independent third party to address issues involving
personnel actions by the Selectboard. A quorum of the Board shall
be required for a meeting of the Personnel Board. Of the quorum present
which may include ex-officio members, a simple majority of the Board
excluding the ex officio member shall be required to take any action
on a matter before the Board. A majority of the Selectboard may remove
a member of the Personnel Board before the expiration of such person's
term of office. The person so removed shall receive a copy of the
reasons for such removal and may contest the same before the Selectboard.
Such a person may be represented by counsel at the hearing. The absence
of any member of the Personnel Board from twenty-five (25) percent
of the regular meetings of the Personnel Board, in any consecutive
twelve-month period, shall constitute a reason for removal.
B.
Powers, duties and responsibilities. The Personnel Board is responsible
to develop a compensation schedule, classifying all such employees
into groups and classes doing substantially similar work or having
substantially equal responsibilities, and preparing proposed personnel
policies for all Town employees, except those filled by popular election
or those covered by a collective bargaining agreement or employment
contract. Such classification plan shall 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 indices.
C.
The Personnel Board is authorized to employ professional consultants.
Personnel policies shall be established by the adoption of rules
and regulations by the Selectboard. 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-compensation plan.[1]
[1]
Editor's Note: The classification-compensation plan is included as an attachment to this chapter.
D.
A centralized record-keeping system.
E.
Personnel rules and regulations which indicate the rights and obligations
of employees.
F.
Disciplinary procedures.
G.
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 Personnel Board shall prepare proposed personnel rules and regulations.
Any member of the Selectboard, the Personnel Board, any appointing
authority or any 2 or more employees may suggest rules and regulations
for consideration by the Personnel Board. The Personnel 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 proposed language and reason for the rule or regulation
change in writing.
B.
Public meeting. The Personnel Board shall hold a public meeting on
proposed rules and regulations. Any proposed 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 proposals are to be considered. The Personnel Board
shall submit a copy of any proposed rules or regulations to the Selectboard.
C.
Personnel Board action on proposed rules and regulations. Within
a reasonable period of time after the public meeting, the Personnel
Board shall vote to determine if the proposed rules or regulations
shall be recommended for adoption by the Selectboard.
D.
Action by the Selectboard. The Personnel 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 Selectboard. The Selectboard shall consider
the recommendations of the Personnel Board and may adopt or reject
the recommendations or adopt modified personnel rules and regulations;
provided, however, that if the Selectboard 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 Selectboard.
E.
In the event the Selectboard determines that prompt action is in
the best interest of the Town, the Selectboard may vote to adopt policies
and procedures that affect personnel, without the prior recommendation
of the Personnel Board. In such an instance, a copy of the Board's
vote shall be promptly provided to the Personnel Board.
F.
Posting of rules and regulations. The Selectboard shall cause the
posting of the text of adopted rules and regulations in prominent
work locations.
G.
Official record. The Town Clerk shall maintain a compilation of all
personnel rules and regulations adopted by the Selectboard.
The Personnel Board shall serve as the Town's personnel
relations review board, pursuant to G.L. c. 40 § 21B, and,
in accordance with Town personnel rules and regulations, shall have
the authority to adjust the grievances of all full-time and regular
part-time employees of the Town other than those employees appointed
by the school committee or subject to a grievance process set forth
in a collective bargaining agreement; provided that the Personnel
Board, by such an adjustment, shall not involve the Town in an expenditure
of money in excess of the appropriation made for the use of such board.
As used in this section, the word "grievance" shall be construed to
mean any dispute between an employee of the Town and their appointing
authority arising out of an exercise of administrative discretion
by such authority, except a dispute which is, or upon proper appeal
would be, within the jurisdiction of the contributory retirement appeal
board.
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.
