[HISTORY: Adopted 4-30-1982 ATM, Art. 9; amended in its
entirety 4-30-1999 ATM, Art. 17. Amendments noted where applicable.]
GENERAL REFERENCES
Committees and Commissions — See Ch. 14.
This chapter shall be known and cited as the
"Personnel Bylaws" and is hereby adopted pursuant to the provisions
of MGL c. 41, § 108A.
A.
All individuals employed by the Town are employed
"at will," and the employment relationship may be terminated by either
party at any time with or without cause and with or without notice.
B.
Only the Selectboard is authorized to create an employment
contract, and that a signed and written agreement is required to do
so. The final interpretation of the provisions of the Personnel Bylaws
is the exclusive responsibility of the Selectboard.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
C.
The provisions of the Personnel Bylaws, developed
or disseminated by the Town, are designed and intended to provide
guidance and information and do not create an employment contract
or other employment obligation for the Town.
D.
The Personnel Bylaws of the Town of Sunderland summarize
the current benefits plans maintained by the Town. If any questions
arise regarding the interpretation of these plans, the answers will
be determined by reference to the actual plan documents, policies
or governing statutes rather than the summaries contained in these
Bylaws.
A.
It is the policy of the Town of Sunderland to prohibit
harassment of one (1) employee by another employee or supervisor on
any basis, including, but not limited to, race, color, religious creed,
national origin, gender, sexual orientation, ancestry, mental or physical
disability.
B.
The purpose of this policy is not to regulate the
Town's employees' personal morality. Rather, it is to assure that,
in the workplace, no employee harasses another on any of these bases.
C.
While it is not easy to define precisely what any
of these bases are, they certainly include slurs, epithets, threats,
derogatory comments or visual depiction, unwelcome jokes, teasing,
sexual advances, requests for sexual favors and other similar verbal
or physical contact.
D.
Any employee who feels that he/she is a victim of
harassment should immediately follow the procedures set forth in the
Town of Sunderland Anti-Harassment Policy and Complaint Procedures.
Violations of the Anti-Harassment policy will not be permitted and
may result in disciplinary action, up to and including termination.
[Amended 4-29-2002 ATM, Art. 22; 4-29-2005 ATM, Art. 24]
A.
This chapter shall be applicable to all persons in
the service of the Town, except officials elected by popular vote
and persons under direction and control of the School Committee, the
Town Moderator or the Board of Library Trustees. All persons covered
hereby shall be subject to the provisions set forth in this chapter,
as determined to be applicable to them by the Personnel Committee
hereinafter established. Nothing in this chapter shall be construed
to be in conflict with MGL c. 150E, relating to public employee collective
bargaining, which shall prevail if there is any conflict.
B.
It shall be the policy of the Town of Sunderland to
guarantee equal opportunity to all qualified applicants and to all
employees with respect to initial hiring, advancement, compensation
and general working conditions, without regard to race, color, religious
creed, national origin, gender, sexual orientation, ancestry, mental
or physical condition.
C.
The Selectboard shall appoint a Personnel Committee
to assist in administering the Town's personnel policies and procedures.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
(1)
The Committee shall consist of the following six (6)
members:
(a)
Two (2) Sunderland residents not in the employ
of the Town (voting).
(b)
One (1) active, classified, permanent Town employee
(voting).
(c)
One (1) representative from the Finance Committee
(voting).
(d)
One (1) member Selectboard (voting).
(e)
One (1) Town Administrator (nonvoting).
[Amended 4-29-2002 ATM, Art. 22]
(2)
The Personnel Committee will meet monthly on a regular
basis or as required.
(3)
Each voting member will serve a two-year term and
may be appointed to another two-year term.
(4)
The duties of the Personnel Committee are to:
(a)
Assist in administering the Town Personnel Bylaws
and submit recommendations to the Selectboard for approval.
(b)
Review various personnel requests from Town
departments, including but not limited to new or revised position
descriptions and classifications, promotional and special salary increases,
leaves of absence, interpretations of the Town's Personnel Code, policy
revisions, salary and benefit surveys and improvements and other personnel
matters.
(c)
Hear employees' complaints and submit recommended
resolutions to the Selectboard.
(d)
Participate in all screening committees for
new applicants; member(s) to be designated by the Committee.
[Amended 4-27-2007 ATM, Art. 22]
A.
APPOINTING AUTHORITY
BOARD
DEPARTMENT
DEPARTMENT HEAD
HIRING
IMMEDIATE FAMILY
LAYOFF
PERSONAL LEAVE
PROBATIONARY EMPLOYEE
PROBATIONARY PERIOD
TOWN
TRANSFER
The following words and phrases, whenever used in
this chapter, shall be defined as indicated below, unless the context
clearly requires otherwise:
The appointing authorities for Town, fire, school and library
personnel, as defined in MGL c. 41, c. 48, § 42, c.71 and
c.78.
The Selectboard.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
An operating unit of Town government funded through one (1)
or more budget categories and under the supervision of a Town Board.
The employee responsible for the administration and operation
of a Town department, who reports directly to the Selectboard, or
appointing authority.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
The appointment of a person into a position in the service
of the Town. Hiring shall be of the following types: regular full-time,
regular part-time, temporary and non-benefited.
Included are the employee's spouse, children, parents, stepchildren,
stepparents, brothers, sisters, mother-in-law, father-in-law, grandparents,
brother-in-law or sister-in-law.
The removal of an employee because of lack of work, insufficient
funding, or other causes which do not negatively reflect on an employee's
work performance. Layoff shall not be considered as disciplinary in
nature. Any laid-off employee returning to work needs to be reappointed
by the Selectboard, or appointing authority.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
An authorized period of absence from work, without pay if
longer than three days, for regular employees, and approved by the
Selectboard, to take care of personal business. The department head
may approve the leave if not more than three days are required.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
A regular employee working for the Town during his/her probationary
period.
[Added 4-24-2015 ATM,
Art. 21]
The first six (6) months of employment following an appointment
to a regular position.
[Added 4-24-2015 ATM,
Art. 21]
The Town of Sunderland.
The movement of an employee from one (1) position to another
equal or similar position in the Town organization.
B.
ESTABLISHED POSITION
REGULAR POSITION
TEMPORARY POSITION
Position type:
A position for which there is a corresponding position description
approved by the Selectboard or appointing authority.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
An established benefited position in the service of the Town
for which there is an expectation of need for an uninterrupted indefinite
period, and for which an employee shall receive holiday pay, vacation,
sick and other leave, based on workweek schedule and be eligible to
participate in the fringe benefits programs offered by the Town.
An established position in the service of the Town which
requires the service of an individual for a period less than one thousand
forty (1,040) hours in a single fiscal year. The term "temporary position,"
whenever used in this chapter, shall mean "temporary or seasonal position."
C.
EMPLOYEE, NON-BENEFITED
EMPLOYEE, REGULAR
EMPLOYEE, TEMPORARY
Employee type:
An employee who has been hired into a temporary position
or who has been hired into an established position that normally requires
less than one thousand forty (1,040) hours in a single fiscal year.
An employee who has been hired into an established benefited
position that normally requires a minimum of twenty (20) scheduled
hours per week unless otherwise determined by the Selectboard or appointing
authority.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
An employee who has been hired into a temporary or seasonal
position in the service of the Town as defined, or an employee who
has been hired into an established position for a period less than
one thousand forty (1,040) hours in a single fiscal year. The term
"temporary employee," whenever used in this chapter, shall mean temporary
or seasonal employee.
A.
Because of the varied nature of the Town's business,
employee work schedules may vary depending on the job. The normal
business hours are described in each employee's Terms of Employment.
Employees should check with the department head if they have any questions
on hours of work.
B.
For regular full-time employees, the normal workweek
shall be 40 hours unless otherwise determined by the Selectboard or
appointing authority. The normal workweek for regular part-time and
non-benefited employees and public safety personnel (fire and police)
shall be arranged by the Selectboard or appointing authority. The
workweek ends on Friday.
[Amended 4-27-2007 ATM, Art. 23; Ch. 141 of the Acts of
2019, approved 12-12-2019]
A.
There may be times when an employee will need to work
overtime so that the Town may successfully meet the needs of the citizens
of Sunderland. All overtime for employees must be approved in advance
by the department head. All overtime for department heads must be
approved by the Town Administrator.
[Amended 4-29-2002 ATM, Art. 22]
B.
Hourly employees will be paid an overtime rate for
hours worked over forty (40) in a week, consistent with the Federal
Fair Labor Standards Act and state statutes.
C.
Only actual hours worked, legal holidays, earned vacation
hours and earned personal hours count towards computing weekly overtime.
[Amended 4-27-2001 ATM, Art. 27; 4-28-2006 ATM, Art. 22]
A.
Attendance and punctuality are important factors for
an employee's success within the Town. All employees work as a team,
and this requires that each person be in the right place at the right
time.
B.
If an employee is going to be late for work or absent,
the employee must notify the department head or Town Administrator
as soon as possible but before the start of the workday.
[Amended 4-29-2002 ATM, Art. 22]
C.
If an employee is absent for five work days without
notifying the Town, it is assumed that the employee has voluntarily
abandoned his/her position with the Town, and the employee may be
discharged.
A.
The Town needs to maintain up-to-date information
about its employees so that it will be possible to aid you and/or
your family in matters of personal emergency.
B.
Changes in name, address, telephone number, marital
status, number of dependents or changes in next of kin and/or beneficiaries
should be given to the Town Treasurer.
[Amended 4-29-2002 ATM, Art. 22; 4-27-2007 ATM, Art. 23]
Protecting the Town's information and the privacy
rights of its citizens is the responsibility of every employee, and
all employees share a common interest in making sure information is
not improperly or accidentally disclosed. Pursuant to MGL c. 268A,
§ 23, no employee shall improperly disclose confidential
information acquired by him/her in the course of his/her official
duties, nor use such information to further his/her personal interest.
Any question as to whether Town information is subject to disclosure
should be discussed with the Town Administrator. Violations of this
section may result in disciplinary action up to and including termination.
[Amended 4-29-2002 ATM, Art. 22; 4-27-2007 ATM, Art. 23; 4-29-2011 ATM, Art.
8]
Employees shall use proper care and discretion
when using the Town's buildings, property and equipment. Town property
issued to employees shall be used in accordance with employees job-related
service to the Town, and shall be returned to the issuing authority
upon ceasing use, or upon separation from service to the Town, in
accordance with state and local regulations and policies. If Town
property is lost, broken or damaged, it must be reported to the department
head and the Town Administrator at once. No property may be removed
from the Town without the proper authorization of the department head
or Town Administrator.
A.
Operators of Town vehicles are responsible for maintaining
a current Massachusetts drivers license with the appropriate endorsements
and for the safe operation and cleanliness of the vehicle.
B.
Accidents and moving violations involving a Town vehicle
must be reported to the department head and Town Administrator immediately.
[Amended 4-29-2002 ATM, Art. 22]
C.
Employees are responsible for any moving violation
and fines which may result when operating a Town vehicle.
D.
Town vehicles may only be used for job-related travel,
and shall transport only authorized Town employees and passengers.
Any operation of a Town vehicle outside of the geographical boundaries
of the Town requires approval of the department head or Town Administrator.
[Amended 4-29-2002 ATM, Art. 22; 4-29-2011 ATM, Art. 8]
E.
The use of seat belts is mandatory for operators and
passengers of Town vehicles.
It is important for employees to keep the Town's
telephone lines free for citizens' calls. Although the occasional
use of the Town's telephones for personal emergency may be necessary,
routine personal calls are not permitted.
[Amended 4-29-2002 ATM, Art. 21; 4-29-2002 ATM, Art. 22; 4-27-2012 ATM, Art. 7]
A.
A regular, full-time employee with one (1) year or more of service
will receive two (2) weeks of paid vacation. A regular, full-time
employee with less than (1) year of service is eligible to take (1)
one of the (2) two weeks of paid vacation after six (6) months of
service. Regular, full-time employees with five (5) years or more
of service will receive three (3) weeks of paid vacation. Regular,
full-time employees with ten (10) years or more of service will receive
four (4) weeks of paid vacation. Regular, full-time employees with
twenty (20) years or more of service will receive five (5) weeks of
paid vacation. All vacation leave must be approved and scheduled in
advance with the department head and/or the Town Administrator.
[Amended 6-12-2021 ATM, Art. 18]
B.
Regular part-time employees who work twenty (20) or more hours per
week for the Town shall receive vacation based upon the number of
hours regularly worked per week.
C.
Vacation pay is to be computed retroactively for the time worked
during the year if an employee terminates employment for any reason
other than a discharge for wrongdoing during any given year after
completing one (1) year of service to the Town. Employees terminated
for wrongdoing shall not receive any payment for unused vacation.
D.
Vacation accrual will be computed upon an employee's completion of
one (1) year of service to the Town according to the date of hire.
At the completion of the employee's first year of service, vacation
leave shall further accrue on a pro-rated basis for the remaining
weeks in that fiscal year. Thereafter, vacation leave shall be accrued
and taken on a fiscal year basis. Vacation leave may be taken in the
year earned or carried over to the next year, except that no more
than two weeks of earned vacation may be carried over at any time.
Vacation leave shall not be granted in advance of being earned.
A.
Regular full-time employees will have up to twelve
(12) days of paid sick leave per year, which shall be accrued at the
rate of one (1) day per month. Sick leave shall be calculated on a
fiscal year basis. Sick leave may be accumulated up to a limit of
seventy-five (75) workdays. If an employee is going to be late for
work, absent or leave work early due to illness, the employee must
notify the department head or Town Administrator as soon as possible
on or before that workday. If an employee is out sick more than three
(3) consecutive days or the department head believes the employee
is abusing sick leave, a doctor's letter which includes a specific
diagnosis and prognosis may be required to be furnished to the Selectboard
in order for the employee to be eligible for sick leave pay under
this program.
[Amended 4-28-2008 ATM, Art. 27; Ch. 141 of the Acts of
2019, approved 12-12-2019]
B.
Regular part-time employees who work at least twenty
(20) hours in a given week shall be eligible for prorated paid sick
leave based upon the above section.
[Amended 4-28-2008 ATM, Art. 27]
C.
Additional sick leave above the specified limits may
be requested in writing through the Personnel Committee to the Selectboard
for its approval, in accordance with the Town's Sick Leave Bank policy.
[Amended 4-29-2011 ATM, Art. 8; Ch. 141 of the Acts of 2019, approved 12-12-2019]
A.
Under special circumstances, an employee with one
(1) year of employment may request, in writing, an authorized leave
of absence without pay from the Selectboard. While on an authorized
leave of absence, the employee will not be eligible for any employment
related benefits. The Town will make reasonable efforts to return
the employee to the same or similar job as held prior to the leave,
subject to staffing and business requirements. Leaves will not exceed
one (1) year.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
B.
An employee who is absent from work without permission
for a period of more than one (1) week shall be considered to be on
an unauthorized leave of absence and subject to immediate termination.
[Amended 4-29-2002 ATM, Art. 22; 4-29-2011 ATM, Art. 8]
A.
The FMLA allows eligible employees to take up to twelve (12) workweeks
of unpaid, job-protected leave in a 12-month period for specified
family and medical reasons, or for any qualifying military family
leave entitlements as defined in the FMLA. To be eligible for leave
under the Act, the employee must have worked for the Town for at least
twelve (12) months and for at least one thousand two hundred fifty
(1,250) hours in the past twelve (12) months.
B.
Eligible employees may take leave under the Act for any of the following
reasons:
(1)
The birth of your child and to care for such child;
(2)
The placement of a child with you for adoption or foster care, and
to care for the newly placed son or daughter;
(3)
To care for a spouse, child, or parent (covered relations) with a
serious health condition;
(4)
Your own serious health condition that renders you unable to perform
an essential function of your position;
(5)
For qualifying exigencies defined in the FMLA arising from your spouse,
child or parent being on active duty or being called to active duty
status as a member of the National Guard or Reserves in support of
a contingency operation;
(6)
To care for your spouse, child, parent or next of kin who is a covered
service member with a serious injury or illness, as defined in the
FMLA.
C.
If you request leave under the Act because of a birth, adoption or
foster care placement of a child or to care for a covered relation
with a serious health condition, any accrued paid vacation, or personal
days must be used first as part of your leave.
D.
If you request leave under the Act because of your own serious health
condition, any accrued paid vacation, personal days or sick leave
must be used first as part of your leave.
E.
If you request leave under the Act to care for a covered service
member with a serious injury or illness as defined in the FMLA, you
may be allowed to take up to twenty-six (26) workweeks of job-protected
leave in a single 12-month period.
F.
The substitution of paid leave time for unpaid leave time does not
extend the twelve-week leave period. During leave approved under the
Act, the Town will maintain your health benefits under the same terms
and conditions applicable to employees not on leave. If paid leave
is substituted for unpaid leave, the Town will deduct your portion
of the health plan premium as a regular payroll deduction. If your
leave is unpaid; you must pay your portion of the premium by making
arrangements with the Town Treasurer.
G.
If you elect not to return to work at the end of the leave for at
least thirty (30) calendar days, you will be required to reimburse
the Town for the cost of the premiums paid by the Town for maintaining
coverage during your unpaid leave, unless you cannot return to work
because of a serious health condition or because of other circumstances
beyond your control.
H.
The taking of another job while on family or medical leave or any
other authorized leave may lead to disciplinary action, up to and
including termination.
I.
An employee seeking FMLA leave is required to provide 30-day advance
notice to his/her department head when the need is foreseeable and
such notice is practicable. The Town Administrator must be notified
of all leave authorized under the Act.
[Amended 4-28-2006 ATM, Art. 23; 4-29-2011 ATM, Art. 8; 4-27-2012 ATM, Art. 7]
A.
All holidays enumerated in MGL c. 4, § 7, Clause 18, that
are applicable to Sunderland shall be recognized as legal holidays
within the meaning of this chapter, and regular employees will receive
these days off with pay.
[Amended 4-29-2022 ATM by Art. 14]
B.
Holidays which fall on a Saturday will be observed on the preceding
Friday. Holidays which fall on Sunday will be observed on the following
Monday.
C.
If a holiday falls on any weekday a regular employee is not normally
scheduled to work, the holiday will be observed on the employee's
preceding workday.
D.
A regular full-time employee or regular part-time employee required
to work a holiday will be compensated at the overtime rate of time
and one-half for actual hours worked on that holiday in addition to
regular holiday pay.
A.
Bereavement leave. In the event of a death of a regular
employee's spouse, child, mother, father, mother-in-law, father-in-law,
grandparent, brother, sister, brother-in-law, sister-in-law, the employee
will be paid up to a maximum of three (3) consecutive working days,
one of which shall be the day of the funeral, at his or her regular
rate of pay.
B.
Military leave. A regular full-time employee required
to perform military duty in the Armed Forces of the United States,
under the provisions of MGL c. 33, § 54, or required to
serve an annual tour of duty as a member of a reserve component of
the Armed Forces of the United States, shall be granted a military
leave of absence and shall be entitled to the difference between the
military pay and his regular base weekly wage, for not more than fourteen
(14) working days. An employee, upon request, may combine his military
leave with his regular vacation leave. An employee must present a
copy of his/her military orders to his/her department head.
C.
Personal leave. Regular full-time employees are eligible
for a maximum of three (3) paid personal days during the fiscal year.
Regular part-time employees shall receive personal leave based upon
the number of hours regularly worked per week. A regular full-time
or regular part-time employee wishing to take personal leave shall
make a request, in writing, to his/her department head at least forty-eight
(48) hours in advance, except in emergencies. Personal leave shall
not be granted in advance of being earned, is noncumulative and must
be used in the fiscal year earned.
[Amended 4-29-2002 ATM, Art. 20; 4-27-2007 ATM, Art. 23]
D.
Jury duty leave. An employee of the Town who serves
as a grand or traverse juror in Federal Court or in the courts of
the commonwealth shall receive from the Town as salary, the difference
between his/her regular rate of pay and the compensation paid to the
employee for such jury service, exclusive of any travel or other allowance(s),
as outlined in MGL c. 234A, § 48.
[Amended 4-29-2011 ATM, Art. 8]
Regular benefited employees are eligible to
participate in the following fringe benefits programs offered by the
Town unless otherwise indicated:
A.
Retirement/pension plan, as provided for under MGL
c. 32. Eligibility: Regular employees and qualifying elected Town
officials are eligible to participate in the retirement program in
accordance with MGL c. 32 and Franklin Regional Retirement System
regulations.
B.
Health insurance plan, as provided for under MGL c.
32.
(2)
Cost. The Town offers two (2) basic types of group
health insurance plans:
(a)
Indemnified plan. If the employee selects the
indemnified plan, he/she must pay fifty percent (50%) of the monthly
premium cost and the Town will contribute a like amount.
(b)
HMO. If the employee selects HMO coverage, the
Selectboard will determine the contribution rate such that not less
than twenty-five percent (25%) of the monthly premium is payable by
the employee and not less than fifty percent (50%) of the monthly
premium is payable by the Town.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
C.
Life insurance plan. The Selectboard determine what
type of life insurance plan is available to eligible Town employees.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
A.
On April 7, 1986, a federal law was enacted (Public
Law 99-272, Title X) requiring that most employers sponsoring group
medical plans offer employees and their families the opportunity for
temporary extension of medical coverage (called "continuation coverage")
at a group rate in certain instances where coverage under the plan
would end.
B.
As an employee of the Town, you have the right to
choose this continuation coverage if you lose your group medical coverage
because of a reduction in your hours of employment or termination
of your employment (for any reason other than gross misconduct on
your part).
C.
Under the law, the employee or family member (to include
divorced spouse or dependent child) has the responsibility to inform
the Town Treasurer, the Town's group health plan administrator of
a divorce, legal separation or a child losing dependent status under
the Town's medical insurance plan.
D.
The Town has the responsibility to notify the insurance
company's plan administrator of the employee's death, termination
of employment or reduction in hours, or Medicare entitlement.
E.
When the insurance company's plan administrator is
notified that one of the above-referenced events has happened, the
insurance company's plan administrator will in turn notify you that
you have the right to choose continuation coverage. Under the law,
you have at least sixty (60) days from the date you would lose coverage
because of the events described above to inform the insurance company's
plan administrator that you want continuation coverage.
F.
If you do not choose continuation coverage, your group
medical insurance coverage will end.
G.
If you choose continuation coverage, the Town is required
to give you coverage which, as of the time coverage is being provided,
is identical to the coverage provided under the plan to similarly
situated employees or family members. The law requires that you be
afforded the opportunity to maintain continuation coverage for thirty-six
(36) months unless you lost group medical coverage because of termination
of employment or reduction in hours. In that case, the required continuation
coverage period is eighteen (18) months.
H.
Under the law, you may have to pay part or all of
the premium for your continuation coverage. The law also says that,
at the end of the eighteen-month or thirty-six-month continuation
coverage period, you may be allowed to enroll in an individual conversion
medical plan provided under the Town medical insurance plan.
A.
Employees shall be engaged according to the following
procedure:
(1)
For regular full-time positions, by public advertisement
and public notice.
(2)
For part-time and temporary positions, by public notice
and/or public advertisement.
(3)
Submission of a written application or on a form provided
by the Selectboard.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
(4)
All new employees will receive a written terms of
employment statement.
(5)
A personal interview may be held by the Selectboard,
the department head, Personnel Committee members, Finance Committee
members, appointed citizens or any combination of the above.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
B.
Probationary period.
[Amended 4-24-2015 ATM,
Art. 21]
(1)
The
first six (6) months of employment following an appointment to regular
position shall be a probationary period. During the probationary period,
the employee will be able to determine if the new job is suitable
for him/her and the Department Head will have opportunity to evaluate
the employee's conduct, performance and work habits. Probationary
employees shall have no rights to contest the termination of their
employment during the probationary period. An employee separated during
the probationary period may be terminated without cause and without
notice and shall not have recourse to the grievance procedure.
(2)
Probationary
employees shall receive a written appraisal of their performance after
the initial ninety (90) days of their employment by their Department
Head or their Department Head's designee.
(3)
Non-benefited
part-time, temporary, casual and seasonal employees shall not serve
a probationary period, and may be terminated without cause and without
notice at any time and shall not have recourse to the grievance procedure.
A.
Process.
(1)
There shall be a grievance procedure available to
those employees whose rights, in their opinion, have been prejudiced
in any way.
(2)
As used in this section, the word "grievance" shall
be construed to mean a dispute between an employee and his/her supervisor
or other employee.
(3)
It is understood that if the dispute is with another
employee, he/she shall first present the problem to the department
head within seven (7) days of the dispute. It is further understood
that in the absence of a department head or if one of the employees
to the dispute is the department bead, the dispute shall be presented
to the Personnel Committee within seven (7) days.
(4)
Any employee who has a grievance relative to hours
or working conditions with the Town shall first present it to the
Personnel Committee within seven (7) days.
B.
Appeal.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
(1)
An employee who disagrees with the grievance decision
of his/her department head or the decision of the Personnel Committee
may appeal to the Selectboard as outlined below.
(2)
If the grievance has not been resolved by the department
head, or the Personnel Committee, the employee shall notify the Selectboard,
in writing, regarding the problem within seven (7) days of the decision
or failure to act. The Selectboard will investigate the grievance
and present its conclusions, in writing to the employee. Any decision
of the Selectboard is final and binding upon the parties and is not
subject to any third-party review.
A.
Each employee has an obligation to observe and follow
the Town's policies and to maintain proper standards of conduct at
all times. Employees requiring a CDL license will be required to comply
with the provisions of the Omnibus Transportation Employee Testing
Act of 1991, as amended. If an individual's behavior interferes with
the orderly and efficient operation of a department, corrective disciplinary
measures will be taken.
[Amended 4-27-2001 ATM, Art. 28]
B.
Disciplinary action may include a verbal warning,
written warning, suspension without pay and discharge. The appropriate
disciplinary action imposed will be determined by the Town. The Town
does not guarantee that one form of action will necessarily precede
another.
C.
The following misconduct may result in discipline
up to and including discharge: flagrant misconduct, violation of the
Town's bylaws, policies or safety rules, insubordination, poor attendance,
possession, use or sale of alcohol or controlled substances on work
premises or during work hours, poor performance, theft or dishonesty,
physical harassment, sexual harassment or disrespect toward fellow
employees, visitors or other members of the public. These examples
are not all inclusive. Discharge decisions are based on an assessment
of all relevant factors.
[Amended 4-29-2011 ATM, Art. 8]
D.
Violations
and penalties.
Penalties for violation or violations of any of the Town's Personnel
Bylaws, if not otherwise specified, may involve disciplinary action
up to and including termination.
[Added 4-24-2015 ATM,
Art. 21]
