[HISTORY: Adopted by the Town Meeting of the Town of Boxford 5-13-1998 ATM, Art. 37. Amendments noted where applicable.]
Officers and employees — See Ch. 19.
Pursuant to the authority contained in MGL c. 41, §§ 108A and 108C, as amended, the Board may, as necessary, establish plans which may be amended from time to time by vote of the town at a Town Meeting.
Classifying positions in the service of the town other than those under the exclusive authority of a department or administrative authority other than this Board;
Recommending appropriate compensation plans;
Providing for the administration of said classification and compensation plans; and
Advising the Board of Selectmen, Finance Committee and all departments and administrative authorities employing or responsible for town employees not covered by the classification plan on all matters pertaining to compensation, personnel policies and administration, by making recommendations to said departments and administrative authorities.
As used in this bylaw, 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 commonwealth.
- ADMINISTRATIVE AUTHORITY
- The elected or appointed official, board, commission or similar entity having jurisdiction over a function or activity.
- A position or group of positions essentially similar in respect to duties and responsibilities to the extent that a common scale of compensation can be applied with equity.
- CLASSIFICATION PLAN
- A tabulation of classes as described in § 23-4 of this bylaw, plus class specifications which are on file with the Board and which are hereby incorporated by reference.
- Salary, wages, benefit programs, fringe benefits and certain working conditions.
- COMPENSATION PLAN
- Regulations and procedures relating to employee compensation as described in § 23-5 of this bylaw.
- CONTINUOUS EMPLOYMENT
- Employment uninterrupted except for required military service, authorized vacation, sick leave, bereavement leave, personal days, court leave or other authorized leave or absence.
- Any department, board, committee, commission or other agency of the town subject to this bylaw.
- DEPARTMENT HEAD
- The officer, board or other body having immediate supervision and control of a department, in the instance of a department serving under the supervision and control of the Selectmen, the officer, board or other body immediately responsible to the Board of Selectmen for administration of the department.
- Any person retained in the service of the town on a full-time or part-time basis and receiving salary or wages.
- FULL-TIME EMPLOYEE
- An employee retained for full-time employment.
- FULL-TIME EMPLOYMENT
- Employment for not less than 20 hours per week for 52 weeks per annum, minus legal holidays and authorized leave or absence, including but not limited to military service leave, vacation, sick leave, bereavement leave, personal days and court leave.
- The Lord's day and all days on which legal holidays are observed, provided that the phrase "holiday" shall not include the Lord's day for purpose of holiday pay.
- In accordance with the Fair Labor Standards Act as it pertains to municipal employees.
- PART-TIME EMPLOYEE
- An employee retained for part-time employment.
- PART-TIME EMPLOYMENT
- Employment for a lesser period of time than that which constitutes full-time employment.
- PROBATIONARY EMPLOYEE
- A regular employee within the first 90 days of her/his first year of employment.
- REGULAR EMPLOYEE
- An employee retained on a continuing basis in a regular position.
- REGULAR POSITION
- Any position in the town services which has required or is likely to require the services of an employee for a period of more than six uninterrupted calendar months.
- TEMPORARY EMPLOYEE
- An employee retained in a temporary position.
- TEMPORARY POSITION
- Any position in the town which is not permanent, but which requires or is likely to require the services of an employee for a period not exceeding six calendar months.
- The Town of Boxford, Massachusetts.
Membership. There shall be a Personnel Board consisting of three members appointed by the Board of Selectmen. Terms of members shall begin and end coincident with the start of a fiscal year.
Qualifications. Members shall be residents of the town. In making appointments to the Board, the Board of Selectmen shall give preference to persons who will best represent the interest of both the employees and the taxpayers of the town and to persons who are knowledgeable and experienced in the fields of personnel administration and labor relations. No elected official, town employee or appointees to any other town board, committee, commission or other agency of the town shall be appointed to the Board. A member taking a position in such an entity must resign as a member of this Board.
Term. Each member of the Board shall serve for a term of three years; provided, however, that of the members initially appointed, one shall serve for a term of one year, one for a term of two years and one for a term of three years. Subsequent appointments shall be made by the Board of Selectmen to be effective at the start of each fiscal year; provided, however, that if a member shall resign or otherwise vacate the office at a time other than the commencement of a fiscal year a successor will be appointed at that time to complete the unexpired term.
Organization. At its first meeting after the adoption of this bylaw and annually thereafter, the Board shall organize by electing a Chairperson and a Vice Chairperson, both of whom shall be members of the Board. The Board shall meet with such frequency required to administer this bylaw, except it shall meet not less than six times annually.
Proceedings. Two members of the Board shall constitute a quorum for the transaction of business. A majority vote of the members present shall determine the action of the Board on all matters upon which it is authorized or required to pass under this bylaw. The Board shall keep a record of its proceedings. The Board may employ assistance and incur expenses as it deems necessary, subject to the appropriation of funds therefor.
Duties. The duties of the Personnel Board shall be as follows:
Administer the provisions of this bylaw, except for such duties as may be specifically assigned by statute exclusively to other departments or administrative authorities, and decide all questions relating to the interpretation and application of this bylaw.
Administer the classification plan and compensation plan and establish policies, procedures and regulations consistent with these plans.
Maintain evaluation records of all town employees (other than those employed by the School Department) and copies of all union and nonunion contracts. Such records shall be kept in the office of the Town Accountant.
Maintain and periodically review job descriptions, the classification plan and compensation plan and recommend such amendments to this bylaw as it deems necessary or advisable to maintain a fair and equitable personnel program.
Advise the Board of Selectmen, Finance Committee and all departments and administrative authorities employing or responsible for town employees on all matters pertaining to compensation and personnel policies and administration by making recommendations to said departments and administrative authorities.
Perform the functions assigned to Personnel Relations Review Boards under the provision of MGL c. 40, § 21B, unless an employee or class of employees specifically delegates said function elsewhere by written contract.
Authorize the initiation, any change or termination in the status or compensation of all town employees subject to the Board's authority.
Hire and supervise a personnel specialist to be responsible for gathering and analyzing information necessary to assist the Board in fulfilling its duties.
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 characteristics that distinguish the class from other classes. The description for 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.
Whenever a new position is established, or the duties of an existing position are so changed that in effect a new position is created, upon presentation by the appropriate department head of substantiating data satisfactory to the Board, the Board shall allocate such new or changed position to its appropriate class as hereinafter provided.
The title of each class, as established by the classification plan shall be the official title of every position allocated to the class and the official title of each incumbent of a position so allocated, and shall be used to the exclusion of all others on payrolls, budget estimates and other official records and reports pertaining to the position.
The provisions of this section shall apply to employees included in the classification plan:
New employees shall be paid the entry level rate for the grade unless the department head applies for and receives prior written approval of the Board to do otherwise.
Each new employee shall serve a probationary period of 90 calendar days. Unsatisfactory performance within this period shall be cause for termination.
When an employee is promoted to a position in a higher class, the compensation shall normally be increased to the minimum rate for the higher classification. In the case of overlapping ranges, the promoted employee's rate shall be increased to a step immediately above the employee's previous rate unless the department head applies for and receives prior written approval of the Board to do otherwise.
If an employee is transferred to a position in a class having a higher salary range than the class from which the employee was transferred, such change shall be deemed a promotion.
Demotions. When an employee is demoted to a lower class due to unsatisfactory job performance, the employee's rate of pay shall be lowered to fit within the approved range for the lower position. The precise rate will be determined by the Board.
Reallocation downward. When an employee is reallocated by the town administration to a class with a lower rate of pay for reasons other than unsatisfactory job performance, there shall be no reduction in the employee's rate of pay. The employee's rate of pay will not be increased until approved increases in the new class exceed the employee's former rate unless the department head applies for and receives prior written approval of the Board to do otherwise.
Reinstated employees. A reinstated employee shall receive a rate of pay within the approved range for the position. The precise rate will be determined by the Board.
Overtime. Overtime pay shall be paid in accordance with the Fair Labor Standards Act as it applies to municipal employees.
All employees shall have their performance reviewed annually by their department head or other supervisor for the purpose of determining which employees shall receive salary increases. Many factors may enter into any recommendation, but major emphasis shall be placed upon quality of performance rendered to the town by the employee.
Failure to submit an evaluation of an employee's performance will preclude a salary increase for that employee in the subsequent fiscal year unless the department head shall apply for a receive written approval of the Board to do otherwise. In such an instance the adjusted rate and its effective date will be determined by the Board.
The results of the evaluation shall be submitted to the Board no later than 60 days prior to the Annual Town Meeting. Recommended wage adjustments shall be submitted to the Finance Committee no later than 45 days prior to the Annual Town Meeting. In no case shall the compensation of any employee be raised above the maximum for the employee's class.
Employees who have completed 10 years or more of continuous employment will be eligible for an additional payment in accordance with the following schedule:
The longevity payment is in the form of a lump sum. It is calculated and paid after each fiscal year in which the employee becomes or remains eligible has ended. The payment is derived from base wages attributable to the employee's normally scheduled hours per week. It does not recognize time beyond that normally scheduled, overtime, leaves (other than vacations and holidays) or other absences.
[Amended 10-22-2002 STM]
All eligible employees successfully completing their probationary period shall have the right to accrue vacation from their date of hire. Vacation pay shall be based upon hours normally scheduled to be worked. Vacation leave accrued within a twelve-month period following employment, regardless of when the fiscal year falls, should be taken within that twelve-month period. With the immediate supervisor's permission, up to 40 vacation hours may be carried over into the next twelve-month period.
New employees will be eligible to use vacation time after 26 consecutive scheduled worked weeks, including authorized leave.
Eligible employees with less than five years of continuous employment shall be entitled to 80 hours of vacation each year.
Eligible employees who have completed five but fewer than 10 years of continuous employment shall be entitled to 120 hours of vacation each year.
Eligible employees who have completed 10 but fewer than 25 years of continuous employment shall be entitled to 160 hours of vacation each year.
Eligible employees who have completed 25 years of continuous employment shall be entitled to 200 hours of vacation each year.
Vacation leave may be taken at such time as the employee wishes, with the approval of the employee's immediate supervisor. Approval shall not be arbitrarily denied but may take into account production commitments, public safety concerns, availability of replacement personnel and similar considerations. Compensation for vacation periods is derived from base wages attributable to the employee's normally scheduled hours per week. Working for more than one department throughout an employee's career shall not be grounds for denial of this benefit.
Holidays. Eligible employees shall be entitled to the following holidays and shall receive their normal per diem compensation if scheduled to work on New Year's Day, Martin Luther King Day, President's Day, Patriots' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day and Christmas Day. If a holiday is observed on a day an eligible employee is not normally scheduled to work, that eligible employee shall be entitled to a one-day "compensatory holiday" with time off at a subsequent date approved in advance by the member’s supervisor. The compensatory holiday shall be taken as a full day, not in increments and must be taken prior to the close of the fiscal year.
[Amended 10-23-2007 STM, Art. 19]
Sick leave. Eligible employees shall be granted paid sick leave at their regular hourly rate on the basis of two hours earned for each regularly scheduled 40 hours worked (approximately one allowed day for each 20 days of work). No employee may accrue more than 800 sick hours at any time during the course of employment. Sick leave shall not be paid to any employee who has not worked at least 60 calendar days following her/his probationary period. Paid sick leave shall not be granted unless the employee shall have notified his supervisor of the illness nor, in the case of more than three consecutive days of absence, unless a doctor's certificate of inability to work shall have been furnished to the department head if requested.
[Amended 10-23-2007 STM, Art. 19]
Health insurance. Health insurance is available to eligible employees at their option. It is as provided by MGL c. 32B, as amended and accepted by the town.
Retirement plan. Retirement benefits are provided to eligible employees as provided by Chapter 66, Acts of 1946, of the General Laws.
Life insurance. Life insurance shall be offered to all eligible employees on an equally shared premium basis.
An eligible employee who has completed the probationary period shall be allowed a maternity leave of absence as provided by MGL c. 149, § 105D, as amended.
During each fiscal year, each full-time employees and each management employees shall be eligible for personal leave in an amount equal to four times the number of hours in his/her regularly scheduled work day. No time may be carried over into a subsequent fiscal year.
[Amended 10-23-2007 STM, Art. 19; 5-13-2008 ATM, Art. 4]
All eligible employees shall be entitled to up to four days leave at the normal per diem rate due to a death in the immediate family. The immediate family includes a spouse, parent, child, siblings, legally adopted children, grandparents, grandchild, parent of spouse, or person living in the employee's household at the time of death. Upon the death of an aunt, uncle, niece, or nephew, an employee is entitled to leave without loss of pay for a maximum of one day. Satisfactory evidence of death must be made to the employee’s supervisor if requested. The length of the leave shall take into account the closeness of the relationship and travel arrangements necessary to attend either the funeral or memorial service.
[Amended 10-23-2007 STM, Art. 19]
A "grievance" shall be defined to mean any dispute between an employee and her/his appointing authority which arises out of an exercise of administrative discretion by said appointing authority with respect to the employee's condition of employment.
In accordance with § 23-3F, the Board shall constitute the Personnel Review Board of the town and as such have the powers and duties and shall perform the functions assigned to personnel relations review boards under the provisions of MGL c. 40, § 21B. The Board in performing its duties as the Personnel Review Board shall be subject to the limitations imposed by said § 21B and the bylaws of the town.
Grievances shall be settled as follows:
Step 1: The employee shall take up his/her grievance orally with his/her immediate supervisor who shall reach a decision and communicate it orally to the employee within three working days.
Step 2: If the grievance has not been settled as in Step 1, the grievance shall be presented in writing by the employee to the employee's supervisor within five working days. The employee's supervisor shall attempt to resolve the grievance and shall give a decision to the employee in writing within five working days of receipt of the written complaint.
Step 3: If the grievance has not been settled as in Step 2, it shall be presented in writing by the employee to the department head within five working days after receipt of the supervisor' s written decision. The department head shall attempt to resolve the grievance and shall give a decision to the employee in writing within five working days of receipt of the written complaint.
Step 4: If the grievance has not been settled as in Step 3, it shall be presented in writing by the employee to the Board within five working days after the receipt of the department head's written decision. The Board shall attempt to resolve the grievance by a meeting with the employee, the employee's supervisor and the department head within 10 working days after receipt of the written complaint. The Board shall give a decision to the employee and the department head in writing within 10 working days after the meeting. The decision of the Board shall be final and binding.
The classification plan and/or compensation plan and/or other provisions of this bylaw may be amended by vote of the town at either a regular or Special Town Meeting in the same manner as other bylaws of the town may be amended. However, no amendment shall be considered or voted on by Town Meeting unless the amendment has first been considered by the Board and the Finance Committee.
The Board, of its own motion, may propose an amendment to the plans or other provisions of this bylaw on its findings resulting from its investigation as provided in § 23-3.
The Board shall report its recommendations on any proposed amendment to the Finance Committee and shall make its recommendations with regard to any amendment at the Town Meeting at which time such amendment is considered.