[HISTORY: Adopted by the ATM 5-7-1990 by Art. 17. Amendments noted where applicable.]
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 sex, race, religion, color, age as defined by law, handicap, sexual orientation, political affiliation 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 Dover. 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.
Composition; mode of selection; terms of office. There shall be a Personnel Board composed of 5 members appointed for terms of 3 years each, so arranged that the term of office of as nearly an equal number expire each year. The Board of Selectmen shall appoint 3 members of the Personnel Board; the Town Moderator shall appoint 1 member of the Personnel Board; and the Warrant Committee shall appoint 1 member of the Personnel Board. The Town Administrator shall be an ex officio member of the Personnel Board.
[Amended 5-3-2010 ATM by Art. 15]
A personnel system shall be established by the adoption of rules and regulations pursuant to § 44-7. The personnel system may include, but not be limited to, the following elements:
A method of administration;
A method of recruiting and selecting employees;
A classification plan;
A compensation plan;
A centralized record keeping system;
Personnel rules and regulations which indicate the rights and obligations of employees;
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:
Preparation of rules and regulations.
The Personnel Board shall prepare proposed personnel rules and regulations. Any member of the Board of Selectmen, 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.
Any person suggesting new or amended rules and regulations shall provide the substance and reason for the rule or regulation change in writing.
Public meeting. The Personnel Board shall hold a public meeting on suggested rules and regulations. Any suggested 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 suggestions are to be considered. The Personnel Board shall submit a copy of any suggested rules or regulations to the Board of Selectmen.
Personnel Board action on suggested rules and regulations. Within a reasonable period of time after the public meeting on any suggested rule or regulation, the Personnel Board shall vote to determine if the suggested rules or regulations shall be recommended for adoption by the Board of Selectmen.
Action by the Board of Selectmen. 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 Board of Selectmen. The Board of Selectmen shall consider the recommendations of the Personnel Board and may adopt or reject the recommendations; provided, however, that if the Board of Selectmen 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 Board of Selectmen.
Posting of rules and regulations. The Board of Selectmen shall cause the posting of the text of adopted rules and regulations in prominent work locations.
Official record. The Town Clerk shall maintain a compilation of all personnel rules and regulations adopted by the Board of Selectmen.
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.
This chapter shall take effect on July 1, 1990.
Upon the effective date of this chapter, the personnel rules and regulations prepared anticipating the passage of this chapter, dated March 14, 1990, and entitled "Final Report: Personnel Rules and Regulations" shall become effective. Such personnel rules and regulations shall remain in full force and effect until amended or revised in accordance with § 44-7 of this chapter and shall supersede other personnel rules and regulations that may be in effect.
Initial appointments of the Personnel Board shall be made in the following manner: the Board of Selectmen shall appoint 1 member to serve a term of 3 years, 1 member to serve a term of 2 years and 1 member to serve a term of 1 year; the Town Moderator shall appoint 1 member to serve a term of 3 years; the Warrant Committee shall appoint 1 member to serve a term of 2 years; and thereafter, as terms expire, members shall be appointed for terms of 3 years each. Initial appointment shall be made prior to September 15, 1990, and such appointments shall become effective on said September 15.