[HISTORY: Adopted by the Town Meeting of
the Town of Boxford 5-13-1998 ATM, Art. 37. Amendments noted where applicable.]
GENERAL REFERENCES
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.
A.
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;
B.
Recommending appropriate compensation plans;
C.
Providing for the administration of said classification
and compensation plans; and
D.
Advising the Select Board, 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.
[Amended 9-12-2020 ATM by Art. 19]
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.
The elected or appointed official, board, commission or similar
entity having jurisdiction over a function or activity.
The Personnel Board as described in § 23-3.
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.
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.
Regulations and procedures relating to employee compensation as described in § 23-5 of this bylaw.
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.
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 Select Board Members, the
officer, board or other body immediately responsible to the Select
Board for administration of the department.
[Amended 9-12-2020 ATM by Art. 19]
Any person retained in the service of the town on a full-time
or part-time basis and receiving salary or wages.
An employee retained for 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.
An employee retained for part-time employment.
Employment for a lesser period of time than that which constitutes
full-time employment.
A regular employee within the first 90 days of her/his first
year of employment.
An employee retained on a continuing basis in a 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.
An employee retained in a 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.
A.
Membership. There shall be a Personnel Board consisting
of three members appointed by the Select Board. Terms of members shall
begin and end coincident with the start of a fiscal year.
[Amended 9-12-2020 ATM by Art. 19]
B.
Qualifications. Members shall be residents of the
town. In making appointments to the Board, the Select Board 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.
[Amended 9-12-2020 ATM by Art. 19]
C.
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 Select Board 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.
[Amended 9-12-2020 ATM by Art. 19]
D.
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.
E.
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.
F.
Duties. The duties of the Personnel Board shall be
as follows:
(1)
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.
(2)
Administer the classification plan and compensation
plan and establish policies, procedures and regulations consistent
with these plans.
(3)
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.
(4)
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.
(5)
Advise the Select Board, 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.
[Amended 9-12-2020 ATM by Art. 19]
(6)
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.
(7)
Authorize the initiation, any change or termination
in the status or compensation of all town employees subject to the
Board's authority.
(8)
Hire and supervise a personnel specialist to be responsible
for gathering and analyzing information necessary to assist the Board
in fulfilling its duties.
B.
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.
C.
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.
D.
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:
A.
New appointees.
(1)
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.
(2)
Each new employee shall serve a probationary period
of 90 calendar days. Unsatisfactory performance within this period
shall be cause for termination.
B.
Promotions.
(1)
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.
(2)
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.
C.
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.
D.
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.
E.
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.
F.
Overtime. Overtime pay shall be paid in accordance
with the Fair Labor Standards Act as it applies to municipal employees.
G.
Salary adjustments.
(1)
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.
(2)
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.
(3)
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.
H.
Longevity payment.
(1)
Employees who have completed 10 years or more of continuous
employment will be eligible for an additional payment in accordance
with the following schedule:
|
Length of Service
|
Payment
| |
|---|---|---|
|
Completed 10 but fewer than 15 years
|
2.5% of base wages received in the previous
fiscal year
| |
|
Completed 15 years
|
5.0% of base wages received in the previous
fiscal year
|
(2)
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]
B.
Vacation leave.
(1)
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.
(2)
New employees will be eligible to use vacation time
after 26 consecutive scheduled worked weeks, including authorized
leave.
(3)
Eligible employees with less than five years of continuous
employment shall be entitled to 80 hours of vacation each year.
(4)
Eligible employees who have completed five but fewer
than 10 years of continuous employment shall be entitled to 120 hours
of vacation each year.
(5)
Eligible employees who have completed 10 but fewer
than 25 years of continuous employment shall be entitled to 160 hours
of vacation each year.
(6)
Eligible employees who have completed 25 years of
continuous employment shall be entitled to 200 hours of vacation each
year.
(7)
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.
C.
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]
D.
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]
|
After 25 years of consecutive service to the
Town, the Town agrees to pay a lump sum payment amounting to 50% of
the up to 100 days of sick leave accrued and unused at the time of
retirement. The Town shall be given a one-year written advance notice
of the intent to retire.
[Added 10-23-2007 STM, Art. 19] |
E.
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.
F.
Retirement plan. Retirement benefits are provided
to eligible employees as provided by Chapter 66, Acts of 1946, of
the General Laws.
G.
Life insurance. Life insurance shall be offered to
all eligible employees on an equally shared premium basis.
H.
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.
I.
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]
J.
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.
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.
B.
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.
C.
Grievances shall be settled as follows:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
A.
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.
B.
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.
C.
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.
