In compliance with federal and state equal employment laws,
equal opportunity will be afforded to all applicants regardless of
race, color, sex, age, religious creed, disability, national origin,
ancestry, sexual orientation, marital status, ex-offender status,
prior psychiatric treatment or military status. It is unlawful in
Massachusetts to require or administer a lie detector test as a condition
of employment or continued employment. An employer who violates this
law shall be subject to criminal penalties and civil liability.
A.
Pursuant to the authority contained in Article LXXXIX of the Constitution
of the Commonwealth and MGL c. 41, §§ 108A and 108C,
the Town of Lancaster establishes plans, which may be amended from
time to time by vote of the Town at a Town Meeting:
(1)
Authorizing a Classification Plan classifying positions in the service
of the Town other than those filled by popular election, those under
the jurisdiction of the School Committee, those covered by collective
bargaining agreements with the Town, and those in which the incumbent
tenders contractual services which are not provided during regularly
established working hours, into groups and classes doing substantially
similar work or having substantially equal responsibilities;
(2)
Authorizing a Compensation Plan for positions in the Classification
Plan;
(3)
Providing for the administration of said Classification and Compensation
Plans; and
(4)
Establishing certain working conditions and recommend fringe benefits
for employees occupying positions in the Classification Plan.
B.
The Classification Plan and/or Compensation Plan and/or other provisions
of this bylaw may be amended by vote of the Town at either an Annual
or Special Town Meeting. No amendment shall be considered or voted
on by Town Meeting unless the Personnel Board has first considered
the proposed amendment.
C.
The Personnel Board, of its own motion, may propose an amendment
to the plans or other provisions of this bylaw based on its findings
resulting from its investigations.
D.
The Personnel Board shall report its recommendations on any proposed
amendment to the Select Board. The Personnel Board shall make its
recommendations with regard to any amendment at the Town Meeting at
which such amendment is considered.
A.
Membership.
(1)
This Personnel Bylaw shall be administered by a Personnel Board,
consisting of three voting members appointed by the Select Board.
Said Select Board shall have the power to fill all vacancies. Members
are appointed for three-year, staggered terms. The Committee shall
select a Chairman and Vice Chairman from its membership who shall
preside over meetings. The Board shall select a Clerk from its membership
who shall be responsible for recording minutes of all committee meetings,
in accordance with the Open Meeting Law.[1]
[1]
Editor's Note: See MGL c. 39, § 23A et seq.
(2)
Like all Town employees and board/committee members, the Personnel
Board is subject to and shall abide by the provisions of the Conflict
of Interest Law, MGL c. 268A.
(3)
At any meeting of the Personnel Board, action by a majority of the
Board members present shall be binding. At least two members of the
Board shall be present in order to constitute a quorum.
(4)
All members of said Board shall be residents of the Town and shall
serve without compensation. Each member of the Personnel Board shall
serve for a term of three years. Reappointments or new appointments
to full terms will be made to take effect on July 1 of the year of
their expiration.
(5)
Members of the Personnel Board serving upon the effective date of
this bylaw shall serve until the expiration of their respective terms.
Upon the expiration of such terms, the Select Board shall appoint
or reappoint members for successive three-year terms.
(6)
If a member resigns or his/her office becomes vacant by his/her removal
from the Town, or any other cause, the Select Board shall appoint
his/her successor for the balance of the unexpired term of such member.
B.
Organization. The Personnel Board shall, organize annually, as soon
as possible after July 1 of each year, at the call of the then Chairman,
or lacking a Chairman, the Vice Chairman, and shall elect a Chairman
and appoint a Secretary from among its members. The Chairman shall
hold office until his/her successor has been elected. In the event
a vacancy occurs in the office of the Chairman, the Personnel Board
shall elect a successor Chairman from among its members, such successor
to serve until the next organizational meeting of the Personnel Board
and until his/her successor has been elected.
C.
Administration.
(1)
The Personnel Board shall administer the Personnel Bylaw, Classification
Plan, and the Compensation Plan and shall establish such procedures
as it deems necessary for the proper administration thereof.
(2)
The Personnel Board shall be responsible for establishing and maintaining
personnel records for all employees as may be required by law, and
as necessary for effective personnel management. All employees, appointing
authorities, and department heads shall comply with and assist in
furnishing records, reports and information as may be requested by
the Personnel Board or the person or persons assigned responsibility
for personnel administration.
(3)
The Personnel Board shall maintain or cause to be maintained an individual
personnel file for each employee which may include, but not be limited
to, the following: the employment application or resume; a copy of
any documented reference checks and background investigation reports;
a copy of any physical examination reports and health reports; a report
of all personnel actions reflecting the original appointment, promotion,
demotion, reassignment, transfer, separation, or layoff; history of
employment and correspondence directly related to the employee's
past employment record, reclassification or change in the employee's
rate of pay or position title, commendations, records of disciplinary
action, training records, performance evaluation, and other records
that may be pertinent to the employee's employment record.
(4)
Personnel records shall be considered confidential and access to
records shall be limited to the Personnel Board, persons authorized
by the Personnel Board to administer the personnel system, appointing
authorities, and department heads. Any employee may, upon request
to the employee's appointing authority, have access to review
his/her personnel file. The employee's review of his/her employment
record shall be in the presence of the employee's department
head or appointing authority. Unless written authorization is received
from an employee, except to verify employment, no information concerning
an employee shall be released.
(5)
Each department shall maintain records required to be maintained
under this bylaw until such time as a Personnel Board vote determines
that centralization of all records is necessary and appropriate.
(6)
The Board shall provide sufficient copies of the Personnel Bylaw
or a summarization thereof in the form of an employee handbook to
each department for distribution to each employee. Each department
head will provide each new employee with a copy and have one available
for reference at all times. Personnel records of the Town are to be
maintained by staff position as designated by the Personnel Board.
D.
Authority.
(1)
The Personnel Board shall have the authority to review, from time
to time or at least annually, the work of all positions subject to
the provisions of this bylaw. The Personnel Board shall recommend
changes in said positions as well as adjustments to salaries as it
deems advisable, subject to appropriation of funds. Such reviews shall
be made at such intervals as the Board deems necessary and, to the
extent that the Board considers practicable, shall include all occupational
groups in the Classification Plan.
(2)
The Board, after meeting with the appropriate department head/supervisor,
shall have the authority to adjust individual employee classifications
and wages within the context of the bylaw whenever inequities exist.
(3)
On or before January 15 of each year, the Personnel Board shall meet
with the Select Board to discuss a change in the Compensation Plan
for the forthcoming year.
(4)
In addition, the Personnel Board shall make an annual report in writing
to the Select Board on or before the second Wednesday in February
of each year, including recommendations on any matters related to
the Classification or Compensation Plans, which said Board deems appropriate
to be considered by the Town.
(5)
The Board may employ assistance and incur expenses, as it deems necessary,
subject to the appropriation of funds therefor.
This bylaw shall apply to all Town departments and to all positions
of all employees in the service of the Town, whether full- or part-time,
temporary, seasonal, special, casual or any other type of employment,
other than those positions which are filled by popular election, those
under the jurisdiction of the School Committee, or collective bargaining,
except that all provisions of this bylaw shall be applicable insofar
as any collective bargaining agreement may refer to this bylaw and
to the extent applicable by statute or in the absence of any other
provisions.
As used in the bylaw, the following terms shall have the meaning
indicated:
Any time an employee is not at work during a scheduled work
period.
The elected or appointed official or board having jurisdiction
over a function or activity.
Any person(s), board, committee, commission, or other agency
who has the right to hire or discharge employees.
Any employee hired for irregular or occasional employment
for an hourly rate or a fee. Personnel service rendered by an employee
in a position calling for part-time employment which service, although
constituting continuous employment, is not rendered during prescribed
working hours, daily, weekly or annually, but is rendered according
to the demands for such service.
A group of positions in the Town service sufficiently similar
in respect to duties and responsibilities so that the same descriptive
title may be used to designate each position allocated to the class,
that the same qualifications shall be required of the incumbents,
that the same tests of fitness may be used to choose qualified employees
and that the same scale of compensation can be made to apply with
equity.
Class specifications and titles approved by the Personnel
Board and appearing as Schedule A[1] to these bylaws.
A range of salary or wage rates appearing in the Compensation
Plan.
Specified rates of pay for each job classification included
in the Classification Plan, appearing as Schedule B[2] to these bylaws.
Length of employment with the Town of Lancaster of a regular
full-time or regular part-time employee, uninterrupted except for
authorized military leave, vacation leave, sick leave, court leave,
disability, maternal/paternal leave, or any other authorized leave
of absence, if applicable and covered in the terms of this bylaw.
Any board, committee, commission, other agency or functional
unit (or subunit) of the Town.
Any person who is paid by the Town for services rendered
to the Town, excluding elected officials, independent contractors,
and persons under the direction of the School Committee.
A grouping of occupational groups or classes by type of municipal
services rendered, i.e., General Government: executive and administrative
duties; Public Safety: protection of life and property; Public Utilities:
development, operation and maintenance of public property and facilities;
Education: instruction and related support and administrative functions;
Human Services: health, youths, elders, veterans, etc., functions;
Culture and Recreation: library, parks and recreational facilities
and functions.
A group of classes designated by occupation within one of
the major functional units of municipal government.
A particular job title within the Classification Plan.
The highest rate in a compensation grade, which normally
is entitled to attain.
The lowest rate in compensation grade; normally the hiring
rate of a new employee.
An office or post of employment in Town service with duties
and responsibilities calling for full-time, part-time, special, temporary
or seasonal employment of one person in the performance and exercise
thereof.
The dollar difference between minimum and maximum rates for
a particular compensation grade.
A sum of money designated as compensation for personal services
on an hourly, daily, weekly, monthly, annual or other basis.
Any employee who is employed less than 19 hours for each
of the 52 weeks per year for the department or position in which that
person is employed.
Any employee who is employed 40 hours per week, 52 weeks
per year for the department or position in which that person is employed.
Any employee who works at least 20 hours but not more than
39 hours each week for 52 weeks per year, for the department or position
in which that person is employed.
A rate for a special, temporary or seasonal position for
which there is no range.
Any employee whose duration of employment with the Town is
of a seasonal or emergency nature, or specified limited amount of
time (not to exceed six continuous months).
A rate in a range of a compensation grade.
Any position in Town service which requires or is likely
to require the service of one incumbent for a period not exceeding
six calendar months; either on a full-time or part-time basis.
The Town of Lancaster, Massachusetts.
