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 race, color, religious creed, national origin,
sex, gender identity, sexual orientation, genetic information, pregnancy
or a condition related to said pregnancy, ancestry or veteran status
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 Newbury. 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.
Personnel policies shall be established by the adoption of rules
and regulations by the Board of Selectmen. The personnel policies
may include, but not be limited to, the following elements:
A. A method of administration;
B. A method of recruiting and selecting employees;
E. A centralized record keeping system;
F. Personnel rules and regulations which indicate the rights and obligations
of employees;
H. 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:
A. Preparation of rules and regulations.
(1) The Human Resources Board shall prepare proposed personnel rules
and regulations. Any member of the Board of Selectmen, the Human Resources
Board, any appointing authority or any 2 or more employees may suggest
rules and regulations for consideration by the Human Resources Board.
The Human Resources Board need not consider any proposal already considered
by the Board in the preceding 6 months.
(2) Any person suggesting new or amended rules and regulations shall
provide the substance and reason for the rule or regulation change
in writing.
B. Public meeting. The Human Resources 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 Human Resources
Board shall submit a copy of any suggested rules or regulations to
the Board of Selectmen.
C. Human Resources Board action on suggested rules and regulations.
Within a reasonable period of time after the public meeting on any
suggested rule or regulation, the Human Resources Board shall vote
to determine if the suggested rules or regulations shall be recommended
for adoption by the Board of Selectmen.
D. Action by the Board of Selectmen. The Human Resources 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 Human Resources 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.
E. 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.
F. 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.