[HISTORY: Adopted by the Annual Town Meeting
of the Town of Nantucket 4-10-1995 by Art. 40.[1] Amendments noted where applicable.]
[1]
Editor's Note: This article superseded former
Ch. 33, Personnel, adopted 4-4-1978 ATM by Art. 14, as amended.
This chapter is enacted pursuant to the authority
contained in MGL c. 41, §§ 108A and 108C.
A.
There shall be established classification and compensation
plans, which may be amended, in accordance with the Personnel Bylaw
of the Town of Nantucket, from time to time by vote of the Town at
a Town Meeting.
B.
All positions in the service of the Town, except those excluded by § 33-4, are hereby classified by job titles appearing in Exhibit A which is made a part hereof.[1] These groupings of positions shall constitute the classification
plan for paid Town services.
[1]
Editor's Note: Exhibit A is on file in the
Town offices.
C.
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.
D.
Whenever department work is significantly reorganized
or a new position is established by approval of the Personnel Board
or whenever the duties of an existing position are so changed that,
in effect, a new position(s) is created, upon presentation of substantiating
data satisfactory to the Personnel Board, the Board shall allocate
such new/changed position(s) to the appropriate class.
E.
No position may be reclassified until the Personnel
Board shall have determined such reclassification to be consistent
with the classification plan. The Board may, however, when it considers
such action to be necessary for the proper functioning of Town services,
authorize a new classification and assign the same to an existing
compensation level or determine the rate to be paid to an incumbent
employee. Such action on the part of the Board shall, however, be
subject to ratification by the next Annual Town Meeting.
The purpose of this chapter is to establish
a system of human resource administration based on principles that
ensure 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 assigned responsibilities. Personnel actions shall
be made in accordance with state and federal law and without regard
to sex, race, religion, color, age as defined by law, disability,
sexual orientation, political affiliation or other non-job-related
factors and shall be based on merit and fitness.
All Town departments and positions, except those
under the jurisdiction of the School Committee; Airport Commission;
elected positions; employees of the Wannacomet Water Company that
are under the direction and control of the Nantucket Water Commission;
the positions of Town Counsel, Town Prosecutor and Labor Counsel;
and certain positions for which the compensation is on a fee basis
or the incumbents of which render intermittent or casual services,
shall be subject to the provisions of this chapter and any rules and
regulations adopted pursuant to this chapter. Provisions of collective
bargaining agreements shall govern those employees whenever collective
bargaining agreements conflict with the provisions of this chapter
and any rules and regulations adopted pursuant to this chapter.
A.
Composition; qualifications; mode of selection; term
of office.
(1)
There shall be a Personnel Board composed of five
members. The Select Board shall appoint four members to the Personnel
Board for terms of three years, and one member shall be a nonunion
permanent Town employee elected annually by the nonunion Town employees
as their representative.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
(2)
Vacancies, other than by expiration of terms, shall
be filled in the same manner and by the same authority, for the balance
of the unexpired term.
B.
Duties and responsibilities.
(1)
The Personnel Board shall be responsible for ensuring the development and establishment of a personnel system based on modern personnel management principles and shall develop personnel policies in accordance with § 33-6 of this chapter.
(2)
The Personnel Board shall:
(a)
Review the personnel policies of the Town.
(b)
Review the compensation policies of the Town.
(c)
Review and monitor the classification plan.
(d)
Investigate and make recommendations concerning
the proper classification of any employee.
(e)
Investigate complaints, problems and the adequacy
of personnel policies, practices and procedures.
(f)
Make recommendations as deemed necessary.
(g)
Prepare an annual report concerning the status
of the Town's personnel system.
Personnel rules and regulations defining the
rights, benefits, responsibilities and obligations of employees subject
to provisions of this chapter shall be adopted or amended as follows:
A.
Development of rules and regulations.
(1)
The Personnel Board, in collaboration with the Select
Board, shall prepare personnel rules and regulations based on the
Personnel Bylaw in effect at the time of this chapter's adoption.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
(2)
The Personnel Board need not consider any proposal
already considered by the Board in the preceding three months.
B.
Public and employee input. Upon receipt of any suggested
rule or regulation, the Personnel Board shall schedule a meeting with
the Select Board and a discussion of such a proposal at any regular
or special meeting of the Personnel Board. A copy of any suggested
personnel rule or regulation shall be submitted to the Select Board
and the Town and County Administrator through a copy of the Personnel
Board's meeting agenda. The Personnel Board shall consider any suggested
rule or regulation within two months after receipt of such suggestion.
The Personnel Board may solicit advice and comment from nonunion Town
employees, the Select Board, other appointing authorities as appropriate,
the Town and County Administrator, Town Counsel or any other party.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
C.
Action by the Personnel Board.
(1)
No rule or regulation or change in rules or regulations
shall be promulgated except after a public hearing held not less than
two weeks nor more than two months after notice thereof shall have
been posted in a conspicuous place in the Town building and in at
least five other convenient and conspicuous places and shall also
have been published on one or more days in one or more newspapers
having a circulation in the Town.
(2)
Within 10 days after the meeting of the Personnel
Board at which any rule or regulation was voted by the Personnel Board,
the Personnel Officer shall forward a copy of the proposed rule or
regulation to the Select Board for its review. The Select Board shall
review the proposed rule or regulation to determine its consistency
with any Town policy, applicable laws or for any other purpose.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
(3)
At any time within 30 days of the receipt of the proposed
rule or regulation, the Select Board may vote to endorse the rule
or regulation; refer all or portions of a proposed rule or regulation
back to the Personnel Board for reconsideration and/or revisions;
or make a determination that Town Meeting action is required.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
D.
Effective date of regulations. The effective date
of any rules or regulations shall be 30 days after adoption by the
Personnel Board or the Select Board, unless some other effective date
is provided.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
E.
Posting of regulations. The Personnel Officer shall
cause the posting of the text of adopted rules and regulations in
prominent work locations and shall maintain a compilation of all personnel
rules and regulations adopted by the Personnel Board.
A comprehensive personnel system shall be established by the adoption of personnel rules and regulations in accordance with procedures set forth in § 33-6. The personnel system may include, but need not be limited to, the following elements:
A.
A method of administration.
B.
A method of recruiting and selecting employees.
C.
Review and recommendations made by the Board regarding
the compensation and classification plans.
D.
A centralized recordkeeping system.
E.
Personnel rules and regulations which present the
rights and obligations of employees and managers.
F.
Other elements deemed necessary.
The provisions of this chapter and any rules
and regulations adopted pursuant to this chapter are severable. If
any chapter provision or rule or regulation is held invalid, the remaining
provisions of this chapter or the rule or regulation shall not be
affected thereby.
This chapter shall take effect on July 1, 1995. The Personnel Bylaw of the Town in effect at the time of adoption of this chapter shall be considered the initial personnel rules and regulations to be in effect until the Personnel Board completes the adoption of the rules and regulations provided for in § 33-6. Such rules and regulations shall be adopted within 12 months after the effective date of this chapter.
