Town of Belchertown, MA
Hampshire County
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Table of Contents
Table of Contents
[HISTORY: As amended for adoption by the Town Meeting of the Town of Belchertown 7-1-1976; revised for 7-1-1997. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 85.
Appendix A Appendix B

§ 91-1 Title; authority; effective date; anniversary date of existing employees.

A. 
This chapter, which shall be known and cited as the "Personnel Bylaw," is hereby adopted pursuant to the provisions of MGL c. 40, § 21A and MGL c. 41, §§ 108A and 108C, and amendments thereof. This chapter shall be effective July 1, 1976.
B. 
For the purpose of implementing the compensation plan of this chapter, the anniversary date of all existing employees as of the acceptance of this chapter shall be July 1, 1976.

§ 91-2 Applicability; collective bargaining; equal opportunity.

[Amended 5-8-2000 ATM by Art. 24; 5-14-2001 ATM by Art. 28]
A. 
This chapter shall be applicable to all persons in the service or employment of the Town of Belchertown, except officials elected by popular vote, members of collective bargaining units, the Town Administrator, Library Director and Police Chief and persons under the direction and control of the School Committee. Each person covered hereby shall receive the rate of pay and be subject to the provisions set forth in this chapter as determined to be applicable to him/her by the Personnel Board hereinafter established.
[Amended 5-10-2004 ATM by Art. 22; 5-14-2012 ATM by Art. 11]
B. 
Nothing in this chapter shall be construed to be in conflict with MGL c. 31, if applicable, or c. 150E. If a provision of this chapter shall be construed in its application to conflict with either of these statutes, the provisions of either or both of the statutes shall prevail.
C. 
It shall be the policy of the Town of Belchertown to provide equal opportunity to all qualified applicants and to all employees with respect to initial appointment, advancement, compensation and general working conditions without regard to age, as defined by law, race, creed, color, sex, national origin, disability, sexual orientation, as defined by law, genetic information, religion or any other legally protected class.

§ 91-3 Personnel Board.

There shall be a Personnel Board consisting of five members to be appointed by the Moderator, each member to serve for a three-year term expiring on June 30 of the third fiscal year after his appointment, except that effective on July 1, 1995, one member shall be appointed for a two-year term and two members for a three-year term. Any vacancy shall be filled by appointment by the Moderator. The members shall serve without compensation. The Personnel Board shall elect a Chairman and a Clerk.
A. 
No person in the employ of or holding an official position in the Town government shall be eligible for appointment to the Personnel Board.
B. 
The Personnel Board has the conclusive authority to interpret this chapter and to decide all questions relating to its application. The Personnel Board shall make policies and issue regulations deemed necessary for the administration of this chapter.
C. 
The Personnel Board shall classify new positions until the next Annual or Special Town Meeting. Whenever the duties of any position become altered so as to warrant a change in its classification, the Board shall act to change such classification, which shall be temporary until approved at the next Annual or Special Town Meeting.
D. 
In case of emergency or operational necessity, the Personnel Board shall have the authority to fix the rates of pay and hours of work of employees, notwithstanding the limiting provisions of this chapter.
[Amended 5-14-2001 ATM by Art. 28]
E. 
The Personnel Board shall act as the Board of Appeals, as specified in § 91-7, to hear the grievances not covered by formal collective bargaining agreements.

§ 91-4 Classification Appeals Committee.

[Amended 2-12-2001 STM by Art. 15; 5-14-2001 ATM by Art. 28; 5-12-2008 ATM by Art. 11]
A. 
There shall be established a Classification Appeals Committee comprised of five members consisting of the Town Administrator, the Town Accountant, one member of the Board of Selectmen to be selected by that Board, and two members of the Personnel Board to be selected by that Board. The Classification Appeals Committee shall be appointed as needed by the Board of Selectmen.
B. 
All appeals must be submitted in writing on the form approved by the Board of Selectmen and in accordance with the policy, procedures and deadlines established by the Board of Selectmen and currently in effect.
C. 
The Committee shall review all properly submitted appeals. The Committee may conduct interviews and hold such hearings as the Committee deems necessary to render a decision on the facts and merits of the appeal. The Committee may recommend an adjustment of classification not to exceed two grade levels.
D. 
The Committee will issue to the Board of Selectmen a report of its findings and recommendations. Implementation of the Committee's findings shall be retroactive to the date the appeal was filed.
E. 
The decision of the Classification Appeals Committee shall be final and not subject to further appeal.

§ 91-5 Hours of work; overtime.

A. 
Hours of work. For all full-time employees covered hereby, the hours of work shall be as follows:
(1) 
For employees classified in Appendix A[1] as management, administrative or professional employees, full-time nonexempt employees and Senior Services employees, the payroll work week shall be Thursday through Wednesday. Full-time nonexempt employees shall be required to work a forty-hour workweek.
[Amended 5-8-2000 ATM by Art. 24; 5-14-2001 ATM by Art. 28]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(2) 
The foregoing provisions do not apply to part-time employees.
(3) 
In the best interest of the Town, any department head or supervising committee may require an employee to work less than 40 hours per week, provided that the employee's weekly compensation is reduced accordingly.
B. 
Overtime. All full-time employees covered hereby, except those classified as exempt, shall be eligible for overtime compensation as follows:
(1) 
Employees classified in Appendix A as nonexempt who are required to work in excess of 40 hours in a seven-calendar-day work period, Thursday through Wednesday, shall be compensated at the rate of time and one-half for all hours worked in excess of 40.
(2) 
Employees classified as management, administrative management/professional and administrative professional in Appendix A are not eligible to receive overtime compensation. Salaried employees are expected to work the number of hours required to perform the duties assigned to them.
(3) 
Part-time employees shall be compensated at the rate of time and one-half for all hours in excess of 40 in a seven-calendar-day work period, Thursday through Wednesday.
(4) 
An employee, after having completed his/her assigned work and having left his/her place of employment, called back to work for an emergency or public safety situation by his/her supervisor prior to his/her next regular scheduled starting time will be guaranteed a minimum of three hours' pay. Recall pay is not intended to apply when an employee works extra hours that merge into his/her regular work shift. Therefore, recall pay is not available when an employee is called to report to duty before the start of his regularly scheduled shift and he/she works until the regular shift commences. Recall pay is not available when an employee is held over to work after the completion of his/her regular shift.

§ 91-6 Employee benefits.

A. 
Eligibility.
[Amended 5-14-2001 ATM by Art. 28]
(1) 
Employees who are regularly scheduled to work 35 hours or more per week shall be considered full-time employees and shall be eligible for the benefits under Subsection B, Benefits, upon the completion of 30 calendar days of employment. Benefit pay for full-time employees shall be prorated based on the average number of regularly scheduled hours worked in a week by the individual employee.
[Amended 1-18-2005 STM by Art. 21]
(2) 
Employees who are regularly scheduled to work 20 or greater hours per week, but less than 35 shall be eligible for benefits under Subsection B, Benefits, upon the completion of 30 calendar days' employment as follows:
[Amended 1-18-2005 STM by Art. 21]
(a) 
They shall receive the same insurance and retirement benefits as full-time employees.
(b) 
For all other benefits they shall receive an amount in proportion to the relationship of their normal workweek to that of a full-time employee. Seasonal employees are not eligible for benefits.
(3) 
Part-time employees that are regularly scheduled to work less than 20 hours per week are not eligible for the benefits outlined in Subsection A(1) of this section.
B. 
Benefits.
(1) 
Sick leave. All regular full-time and eligible part-time employees covered by this chapter shall be eligible for sick leave with pay as follows:
(a) 
Sick leave with pay shall be earned at the rate of 1 1/4 days per month of full-time employment during the first year of employment and thereafter to a maximum accumulation of 180 days. Accumulation in excess of 180 days shall be forfeited.
[Amended 5-14-2001 ATM by Art. 28]
(b) 
Absences on account of sickness in excess of that authorized under this section, or for personal reasons not provided herein may, at the discretion of the Department Head, be charged to vacation with the approval of the employee.
[Amended 5-14-2001 ATM by Art. 28]
(c) 
For the protection of the Town, the Department Head may require the presentation of a doctor's certificate in connection with a claim for sick leave, and may, if it is deemed advisable, send a doctor to investigate any absence alleged to be caused by illness. If such a certificate of hospital or doctors' records are not filed with the Department Head after request thereof, such absence shall not be chargeable to sick leave.
[Amended 5-14-2001 ATM by Art. 28]
(d) 
Subsequent certificates may be required at the discretion of the Department Head, before or at the time of returning to work to determine if the employee is physically fit. If such a certificate of hospital or doctors' records are not filed with the Department Head after request thereof, such absence shall not be chargeable to sick leave.
[Amended 5-14-2001 ATM by Art. 28]
(e) 
Employees having sick leave credit who are injured on the job and receiving workers' compensation shall, upon request, be granted such sick leave allowance payment as will, when added to the amount of the workers' compensation, result in the payment to them of their full salary in accordance with the provisions of Chapter 152 of the General Laws. The total dollar value in work days shall be charged to sick leave credits accordingly.
[Amended 5-14-2001 ATM by Art. 28]
(f) 
All regular employees covered by this chapter and meeting the following qualifications shall receive $9 per day for up to 180 days of unused accumulated sick leave in Belchertown during his/her final year.
[Amended 5-14-2001 ATM by Art. 28]
[1] 
Employees must be retiring after 15 years of service with the Town of Belchertown.
[2] 
Must have at least 100 days of unused accumulative sick leave.
[3] 
Must advise the Department Head at least 60 calendar days in advance of his/her intention to retire, unless retirement is for medical reasons or is directly related to a reduction of the work force.
(g) 
Sick Leave Bank.
[Added 12-7-1998 STM by Art. 11]
[1] 
Establishment of a Sick Leave Bank.
[a] 
A Sick Leave Bank Committee will be established and composed of five members: one Personnel Board member, to be appointed by the Chairman of the Personnel Board; one Board of Selectmen member, to be appointed by the Chairman of the Board of Selectmen; two Personnel Bylaw employees; not more than one department head from the same department, to be appointed by the Town Administrator; and the Town Accountant or his/her designee.
[Amended 5-14-2001 ATM by Art. 28]
[b] 
Upon the establishment of the Sick Leave Bank, employees wishing to participate shall agree to donate three sick leave days to the bank within 45 days of its establishment.
[2] 
Decisions of the Sick Leave Bank Committee shall not be subject to the grievance procedure.
[3] 
No payment from the Sick Leave Bank shall be made except on a regular warrant approved by the Board of Selectmen.
[4] 
Request forms to use the Sick Leave Bank may be obtained in the Town Administrator's office and should be submitted there. Responses will be sent through the Town Administrator's office to the employee involved, Personnel Board, Board of Selectmen and the Town Accountant.
[5] 
If a member of the Sick Leave Bank uses all of his/her sick time due to illness or other permissible use and has exhausted all of his/her personal and vacation time, he/she may receive additional sick leave days from the Sick Leave Bank for legitimate reasons, as deemed by the Committee, until such time as he/she accrues more sick leave days of his/her own or exceeds the limits defined below.
[Amended 5-14-2001 ATM by Art. 28]
[a] 
Each eligible, benefited employee covered by this chapter may become a member of the Sick Leave Bank by donating three sick leave days to the bank within 45 calendar days of his/her permanent, benefited employment under this chapter (after the six-month probationary period). Each member of the Sick Leave Bank will also agree to donate three additional days at the beginning of each fiscal year thereafter, plus any days assessed by the Sick Leave Bank Committee. A member may cease membership with the bank for a subsequent fiscal year by giving written notice to the Sick Leave Bank Committee and the Town Accountant by June 15 prior to the beginning of that fiscal year.
[b] 
Each member of the Sick Leave Bank may receive up to 30 days of sick leave from the bank per fiscal year upon approval of the Sick Leave Bank Committee. Additional days of sick leave from the bank may be granted by a majority vote of the membership of the Sick Leave Bank. If it is not feasible to receive this approval or vote prior to a member's absence, the Town Accountant may withhold the Sick Leave Bank of the employee for the days in question until such time as a decision has been made. If the Sick Leave Bank Committee or membership approves, the days shall be deducted from the bank's total, and the employee shall be paid his/her Sick Leave Bank in full for the days in question.
[c] 
If the number of sick leave days in the bank is depleted below 60 days, up to three additional days for the bank may be assessed each member. No more than six days may be assessed in any one fiscal year.
[d] 
If the sick leave days in the bank equal or exceed 300 days at the end of the fiscal year, the past members of the bank will not be required to donate any additional days to maintain membership for the following fiscal year.
[e] 
If an employee who once decided not to join the Sick Leave Bank decides to join in a subsequent year, his/her initial donation to the bank must equal the total number of days that he/she would have donated to the bank through the years had he/she joined initially. In no case will this initial donation exceed 15 days.
[f] 
No member of the Sick Leave Bank will be denied continuation of membership in the bank because he/she has no sick leave days of his/her own to donate to the bank when additional assessments are made for the bank. His/her assessment will be made up at the beginning of the following fiscal year.
[g] 
On September 1 of each fiscal year, the Sick Leave Bank Committee will inform the Town Accountant's office, in writing, of the number of sick leave days donated by each member to the bank and the number of days accrued by the bank itself according to its records. The Town Accountant's office will advise, in writing, the Sick Leave Bank Committee of the number of sick days accumulated by each member.
[h] 
All sick leave days accrued by a member of the Sick Leave Bank over and above the maximum number of sick leave days accruable according to this chapter (currently 180 days) shall automatically be placed in the Sick Leave Bank at the beginning of each fiscal year.
[6] 
The granting of sick leave from the bank shall be subject to the same criteria as regular sick leave days and shall be in all other respects consistent with the Town of Belchertown's sick leave policy; provided, however, that such sick leave shall be available only for the illness of the Town employee and not for illness of his/her family.
[7] 
Employees who are receiving workers' compensation provided by statute shall not be eligible to apply for sick leave from the bank.
[8] 
Days donated to the Sick Leave Bank shall not count against sick leave used for the purpose of receiving an additional personal day as outlined in Subsection B(7), Personal Leave.
[Amended 5-14-2001 ATM by Art. 28]
(2) 
Vacation.
(a) 
All regular full-time employees and eligible part-time employees covered by this chapter shall be eligible for vacation leave to be credited on their anniversary date of each month as follows:
[Amended 5-12-1998 ATM by Art. 32; 5-14-2001 ATM by Art. 28]
[1] 
Less than and including five years' completed service as of the employee's anniversary date of the month: 5/6 day per full calendar month employed during that twelve-month period.
[2] 
More than five through and including 10 years' completed service as of the employee's anniversary date of the month: 1 1/4 days per full calendar month employed during that twelve-month period.
[3] 
More than 10 years' completed service as of the employee's anniversary date of the month: 1 2/3 days per full calendar month employed during the twelve-month period.
[4] 
More than 20 years' completed service as of the employee's anniversary date: add one day per year over 20 years to a maximum of 25 days at 25 years.
(b) 
Vacation leave shall be granted by the appropriate department head of the Town at such time as in his opinion will cause the least interference with the regular work of the Town.
(c) 
Vacation leave should be used prior to the employee's next anniversary date. Vacation leave may be accumulated for two years with the prior written permission of the appropriate department head and the Personnel Board. Any accumulated vacation not taken prior to the granted extension will be forfeited.
(d) 
Employees eligible for vacation leave whose services are terminated by dismissal, resignation, retirement or entrance into the armed forces shall be paid for their accrued vacation.
(e) 
Upon the death of an employee eligible for vacation leave, payment shall be made to the estate or heirs of the deceased for his accrued vacation.
(3) 
Holidays.
[Amended 5-14-2001 ATM by Art. 28; 5-12-2003 ATM by Art. 19]
(a) 
All full-time and eligible part-time employees shall receive holiday pay for the following holidays: New Year's Day, Martin Luther King Day, Presidents' Day, Patriot's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, the day after Thanksgiving, 1/2 day before Christmas, Christmas Day, 1/2 day on New Year’s Eve, and a floating holiday, notwithstanding the thirty-day eligibility period.
[Amended 5-9-2004 ATM by Art. 18; 5-9-2016 ATM by Art. 11]
(b) 
The Town expressly reserves the right to call in employees to meet its operational needs or in the event of an emergency.
(c) 
An employee that is required to work on a holiday shall be paid at 1 1/2 times his or her base hourly rate for all hours actually worked in addition to his or her holiday pay. In the alternative, an employee that is required to work on a holiday may, with the approval of his or her supervisor, receive a special holiday leave for each eight hours worked. Special holiday leave earned for working on a holiday must be used in the same fiscal year in which it was earned.
(4) 
Insurance. All regular employees who work a minimum of 20 hours per week, 52 weeks per year, are eligible to participate in the Town's health and life insurance programs.
(a) 
Health insurance is available with the Town paying a percentage of the premium.
(b) 
A life insurance policy of $5,000 is available with the Town paying a percentage of the premium.
[Amended 5-12-2008 ATM by Art. 11]
(c) 
The Town expressly reserves the right to alter, amend or change all insurance benefits without notice, subject to its collective bargaining obligations.
[Added 5-14-2001 ATM by Art. 28]
(5) 
Retirement. All regular employees who work a minimum of 20 hours per week, 52 weeks per year, must become members of the Hampshire County Retirement System.
(6) 
Bereavement leave.
(a) 
In the event of death in the immediate family of an employee, he/she will be granted leave with pay as follows:
[Amended 5-14-2001 ATM by Art. 28]
[1] 
Four consecutive working days in the event of the death of the mother, father, spouse or child of the employee.
[2] 
Three consecutive working days in the event of the death of a brother, sister, mother-in-law, father-in-law, grandmother, grandfather or a family member residing in the household of the employee.
[3] 
A single day may be granted by the department head under unusual circumstances.
(b) 
Bereavement leave shall not be charged to sick leave or vacation leave.
(7) 
Personal leave. All permanent employees shall be eligible for three paid days of personal leave during the fiscal year. An employee wishing to take a personal leave day shall request permission from the head of the department or the supervising committee at least 48 hours in advance, except in emergencies. A regular full-time permanent and eligible part-time employees may earn one additional day of personal leave per year if he/she has used five or fewer days of sick leave during the previous fiscal year.
[Amended 5-14-2001 ATM by Art. 28]
(8) 
Court leave. All employees who are called for jury service, or summoned on behalf of the Town when the employee is not scheduled to work, shall be granted court leave with pay. If the jury fees amount to less than that of the employee's regular rate of compensation, he/she shall be paid by the Town an amount equal to the difference between them. Notice of service shall be filed with the Department Head upon receipt of the summons.
[Amended 5-14-2001 ATM by Art. 28]
(a) 
Expenses reimbursed by the court for travel, meals, room hire, etc., shall not be considered part of compensation for jury duty.
(b) 
Court leave without pay shall be granted when an employee is engaged in personal litigation having no connection with his position as an employee of the Town.
(9) 
Leave without pay. The Personnel Board may grant a leave of absence without pay for periods up to one year in duration if, in the Board's opinion, the service of the Town will not suffer and/or when a suitable temporary replacement is available.
(10) 
Maternity leave. Employees shall be eligible for maternity leave in accordance with MGL c. 149, § 105D.
[Amended 5-14-2001 ATM by Art. 28]
(11) 
Military leave.
[Amended 5-14-2001 ATM by Art. 28; 1-28-2002 STM by Art. 23]
(a) 
Military training duties.
[1] 
An employee of the Town who is a member of a reserve component of the Armed Forces of the United States or the National Guard shall be granted by his or her appointing authority, a leave of absence to perform military training duties in accordance with Massachusetts General Laws, Chapter 149, Section 52A. Such absence for military training shall not affect the employee's right to receive vacation, sick leave, and other benefits.
[2] 
If said employee is full-time and has been in the employment of the Town for at least one continuous year of service, the Town will compensate the employee the difference between the employee's base pay and the amount of military compensation and allowances received by the employee during such period of training not to exceed 17 days for each fiscal year. The employee shall provide the Town with appropriate documentation as requested by the appointing authority.
[3] 
All other employees shall be granted by the appointing authority leave without pay for such period.
(b) 
An employee of the Town who is in a nonprobationary position, working at least 20 hours and is a member of a reserve component of the Armed Forces of the United States or the National Guard, who is ordered to active duty by the President of the United States for a period of time exceeding 30 days shall receive the following benefits:
[1] 
The Town shall place the employee on military leave and compensate said employee the difference between his/her base Military Reserve or National Guard pay and his/her normal gross pay of the Town of Belchertown. This benefit is based on the employee's normal work schedule, not including any overtime hours.
[2] 
The Town shall extend said employee's health insurance for the duration of the recall with employee's normal contribution in place.
[3] 
These benefits shall prevail for the duration of the employee's said recall and is subject to annual review of continued eligibility.
(c) 
Any employee who is called to active duty or enlists in the Armed Forces of the United States shall be entitled to the rights provided under the Uniformed Services Employment and Re-Employment Rights Act (USERRA).
(d) 
Pursuant to § 1 of Chapter 137 of the Acts of 2003, any employee who has been granted a military leave of absence by the appointing authority because the employee is a member of the army national guard, the air national guard or a reserve component of the armed forces of the United States, called to active service in the armed forces of the United States after September 11, 2001, shall be entitled to receive pay at his or her regular base salary as such a public employee, and shall not lose any seniority or any accrued vacation leave, sick leave, personal leave, compensatory leave or earned overtime. An employee eligible under this section shall be paid his or her regular base salary as such a public employee for each pay period of such military leave of absence after September 11, 2001, reduced by any amount received from the United States as pay or allowance for military service performed during the same pay period, excluding overtime pay, shift differential pay, hazardous duty pay or any other additional compensation. For the purposes of this section, the words "active service" shall not include active duty for training in the army national guard or air national guard or as a reservist in the armed forces of the United States.
[Added 5-10-2004 ATM by Art. 20[1]]
[1]
Editor's Note: This article also provided that the provisions of this section shall prevail over any inconsistent provisions in Subsection B(11), military leave, and that § 1 of Chapter 137 (of the Acts of 2003) and the provisions of this section "shall expire on September 11, 2005, unless extended by the General Court of the Commonwealth."
(12) 
Uniforms.
(a) 
The Public Works Department employees covered by this chapter will be provided with uniforms and safety wear which will be paid for and laundered by the Town as determined by the Board of Selectmen.
[Amended 5-11-2015 ATM by Art. 11]
(b) 
Police dispatch personnel covered by this chapter who are required to wear uniforms may have the required uniforms provided by the Town with the prior approval of the Chief of Police.
(13) 
Longevity.
(a) 
All full-time employees covered by this chapter will be eligible for longevity increments as follows:
[Amended 5-14-2001 ATM by Art. 28; 5-14-2007 ATM by Art. 12]
After 10 years of service
$600
After 15 years of service
$700
After 20 years of service
$800
(b) 
The longevity increments will be paid on the anniversary date of each employee on an annual basis. Any person who voluntarily leaves the employment of the Town or who is terminated for a period longer than 90 days and is rehired shall be considered a new employee under this chapter.

§ 91-7 Grievance procedures.

[Amended 5-12-2008 ATM by Art. 11]
A. 
A grievance shall be defined as any difference between an employee, a supervisor, or the Personnel Board relating to the interpretation, application, or administration of this chapter and any questions as to whether the disciplining of an employee is reasonable. Should any employee or group of employees feel aggrieved, adjustment shall be sought as follows:
(1) 
Step 1: The employee shall take up the grievance or dispute by presenting it in writing to his Department Head or supervising committee/board within seven calendar days of the date of the grievance or his knowledge of its occurrence. The Department Head or supervising committee/board shall respond in writing to the employee within 14 calendar days.
(2) 
Step 2: If the grievance or dispute still remains unadjusted, it shall be presented to the Personnel Board in writing within seven calendar days after the Department Head or supervising committee/board response is due. The Personnel Board shall respond in writing within 30 calendar days of receipt of the grievance. With the exception of classification of positions, the decision of the Personnel Board shall be final and binding to all parties.
B. 
Grievances involving compensation shall be processed beginning with the Personnel Board.

§ 91-8 Classification and compensation.

[Amended 5-13-2002 ATM by Art. 30; 5-12-2008 ATM by Art. 11]
A. 
The classification of positions in the service of the Town, the establishment of a compensation plan, and its periodic updating are the responsibility of the Personnel Board subject to the approval of the Annual Town Meeting or a Special Town Meeting. No person shall be employed in a position covered by this bylaw except under the terms set forth in the bylaw.
B. 
All employees covered by this bylaw shall be employed in positions classified according to the Town's Classification-Compensation Plan (Appendix A). Any employee working a part-time hourly schedule shall be paid at the rate for the classification in which employed, based on the actual hours worked.
C. 
Part-time employees paid on an annual basis, and certain hourly positions, shall receive the rate of compensation according to the Town's Classification-Compensation Plan (Appendix A).
D. 
Persons appointed to a position shall be compensated at the minimum rate of compensation assigned to the classification level to which the position is allocated. Persons may be appointed above the minimum rate with the approval of the Personnel Board.
E. 
Probationary employees.
(1) 
Newly hired full-time and regular part-time employees shall be considered probationary employees during their first six months of continuous employment. A full-time or regular part-time employee retained beyond the probationary period shall be considered a permanent full-time or regular part-time employee. A full-time or regular part-time employee separated during the probationary period may be terminated without cause and without notice and shall not have recourse to the grievance procedure. The Town may extend the probationary period in its sole discretion provided that it shall notify the full-time or regular part-time employee of the reason for the extension of the probationary period and that said extension shall not be for an indefinite period. For the purposes of this paragraph, a regular part-time employee shall be an employee that is regularly scheduled to work 20 or more hours per week.
(2) 
Part-time employees that are regularly scheduled to work less than 20 hours per week, temporary, casual and seasonal employees are not subject to the probationary period, may be terminated without cause and without notice at any time and shall not have recourse to the grievance procedure, if terminated.
F. 
All employees are eligible for step increases on their anniversary date. Step increases are based upon satisfactory performance as determined by the department head or supervising committee. Step increases are not considered to be automatic or based upon length of service. If an employee did not receive the step increase on his/her first anniversary date, he/she will be eligible for the step increase six months following his/her anniversary date. This six-month review will apply for an increase from Step 1 to Step 2. The employee may then move to Step 3 on his/her second anniversary if they are deemed qualified to do so.
G. 
An employee's initial anniversary date will be determined by his/her first day of employment in a position. Employees whose positions have been reclassified with new job titles, but substantially the same responsibility, with no change in grade, shall keep their present anniversary date. Any reclassification with a change in grade will trigger a change in anniversary date.
H. 
Pay grade changes.
(1) 
A person in a classified position, on being appointed to a position of higher classification, shall receive a promotional pay increase at least equal to the next higher rate of pay. A person in a classified position, on being assigned to a position of lower classification, shall receive a demotional pay decrease at least equal to the next lower rate of pay.
(2) 
Employees who are at the top step of their grade and receive a reclassification or promotion to a higher grade shall, at a minimum, receive the difference between Steps 9 and 10 of their current grade. This difference will then be added to their current salary, and they will not receive less than this amount in their new grade.
(3) 
An employee subject to a change in grade, under any circumstance, shall be placed on the appropriate full step.
I. 
Annually, the Personnel Board shall review the Town's Classification Compensation Plan and may recommend to the Annual Town Meeting or to any Special Town Meeting such changes as the Personnel Board deems appropriate for said plan.

§ 91-9 Reduction in force.

In the event of a reduction in force (layoff) of employees under this chapter, the following shall be in effect:
A. 
Employees shall retain their seniority and sick leave time, provided that they are rehired within two years (730 days) of the layoff date. Vacation time owed, but not personal days, will be paid.
B. 
Employees shall retain their seniority and sick leave time, provided they are re-hired within two years (730 days) of the lay-off date. An employee that is laid off will be compensated for his or her accrued, but unused vacation leave. An employee that is laid off will not be compensated for any other accrued, but unused leave, including, but not limited to, sick leave and personal leave.
[Amended 5-14-2001 ATM by Art. 28]