Town of Harvard, MA
Worcester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Annual Town Meeting of the Town of Harvard 3-31-1990 by Art. 15. Amendments noted where applicable.]
The purpose of the Personnel Bylaw is to establish fair and equitable personnel policies and to establish a system of personnel administration based on merit principles that ensures a uniform, fair and efficient application of personnel policies. This bylaw is adopted pursuant to the authority granted by Article LXXXIX of the Constitution of the Commonwealth and General Laws Chapter 41, Sections 108A and 108C.
All Town departments and positions shall be subject to the provisions of this bylaw except employees with personal contracts, employees of the School Department, and those employees covered by collective bargaining agreements unless otherwise requested.
A. 
Composition; mode of selection; term of office; qualifications.
(1) 
The Select Board shall appoint a Personnel Board consisting of any five residents of the Town, to be appointed for three-year overlapping terms. Whenever possible, the Select Board will appoint members possessing a professional personnel background, including one Town employee or official not a member of the School Department or covered by any collective bargaining agreement, and one member of the Finance Committee, to be appointed on a yearly basis. Members of the Personnel Board shall serve without compensation.
[Amended 10-22-2018 STM by Art. 1]
(2) 
The Personnel Board shall annually elect a Chair and other officers as the Board so determines from its membership at the first meeting following the appointment of new members.
[Amended 10-22-2018 STM by Art. 1]
(3) 
Any three members of the Board shall constitute a quorum for the transaction of business. Action by a majority of those Board members present shall be binding.
B. 
Powers and duties. The Board shall be responsible for establishment and maintenance of a personnel system based on merit principles, the classification and reclassification of positions, an annual compensation plan, and the development of personnel policies pursuant to § 78-5 of this bylaw.
C. 
The Board shall be authorized to adopt rules and regulations for the proper administration of this bylaw.
[Amended 3-25-1995 ATM by Art. 33]
A personnel system shall be established by promulgation of policies, rules and regulations pursuant to § 78-5. The personnel system shall make use of current concepts of personnel management and shall include but not be limited to the following elements:
A. 
Method of administration. A system of administration which assigns specific responsibility for all elements of the personnel system, including: maintaining personnel records, implementing effective recruitment and selection processes, maintaining the classification and compensation plans, monitoring the application of personnel policies and periodic reviews, maintaining a problem resolution system, and evaluating the personnel system.
B. 
Classification and compensation. A classification and compensation plan for all employees, subject to this bylaw and subject to appropriation, shall be established to include but not be limited to the following parameters:
(1) 
Fully qualified and performing employees should be compensated at a rate commensurate with similar work rates (both public and private) in the surrounding area.
(2) 
As employees master their work, they should be rewarded for skill development and performance.
(3) 
Employees should be rewarded for behavior and performance that exceeds the normal requirements of the position.
C. 
A recruitment and selection policy. A recruitment, employment, promotion and transfer policy which ensures that reasonable effort is made to attract qualified persons and that selection criteria are job related.
D. 
Personnel records. A centralized recordkeeping system which maintains essential personnel records.
E. 
Personnel policies. A series of personnel policies, including rules and regulations, which establishes the rights and benefits to which personnel employed by the Town are entitled and the obligations of said employees to the Town.
F. 
Standards of conduct. A set of codes governing an employee's standard of conduct.
G. 
Other elements. Other elements of a personnel system as deemed appropriate or required by law.
[Amended 10-22-2018 STM by Art. 1]
The Select Board shall promulgate personnel policies, including rules and regulations, defining the rights, benefits and obligations of employees subject to this bylaw. Policies shall be adopted or amended as follows:
A. 
Preparation of policies. The Personnel Board shall prepare policies or amendments to policies. Any member of the Select Board, Personnel Board, the Executive Secretary, or any three employees may suggest policies for consideration by the Personnel Board. The Personnel Board need not consider any proposal already considered in the preceding 12 months. Any person proposing a new or amended policy shall provide the substance and the reason for the proposed policies or amendments. Any proposed policies or amendments shall be posted at least five days prior to the public hearing in prominent work locations; copies of all proposals shall be provided to representatives of each employee collective bargaining unit, and a copy shall be submitted to the Select Board.
B. 
Public hearing. The Personnel Board shall present the proposed policy(ies) or amendment(s), the purpose of the proposal, and the implication of any proposed change at the public hearing. Any person may attend the hearing, speak and present information. Within 31 days after such public hearing the Personnel Board shall consider the proposed policies and may vote to recommend that the Select Board adopt the policies, (with or without modifications), reject the policies, or indicate that further study is necessary.
C. 
Recommended policies. The Personnel Board shall transmit recommendations in writing to the Select Board within 20 days of any vote on proposed personnel policies or amendments. The recommendations from the Personnel Board shall contain the text of the proposed policy or amended policy, an explanation of the policy and the implications of the policy. The Select Board shall only consider proposals with a recommendation of the Personnel Board, unless the Personnel Board fails to provide a recommendation within 20 days, and may adopt, reject or return recommendations for further action to the Personnel Board. Policies shall become effective upon approval of the Select Board, unless some other date is specified.
D. 
Computation of time. In computing time (days) under this bylaw only Town Hall working days shall be counted.
A. 
Employees are encouraged to bring any problems or complaints to their respective supervisor or appointing authority regarding their work or other day-to-day relations with the Town.
B. 
If an employee has a request or problem it should be first discussed with the immediate supervisor or appointing authority.
C. 
If this conference fails to clear up any question to the satisfaction of the employee, he may refer the matter in writing to the appropriate appointing authority. The appointing authority shall then discuss the matter with the parties and attempt to reach a satisfactory understanding and solution of the problem.
D. 
If two weeks have elapsed since the submission of the matter in writing to the appointing authority and the dispute is still unresolved, either party may appeal to the Personnel Board. This Board shall take the question under advisement, collecting such facts relating thereto as it may deem helpful, and it may, in its discretion, hold private or public hearings with respect to such question. Not later than 30 days after receipt of written submission of the matter to it, the Personnel Board shall render its decision and thereafter promptly take such action as may be necessary and authorized hereunder relative to the dispute. If the decision rendered by the Personnel Board is considered unsatisfactory to either party, then final appeal may be made to the Select Board.
[Amended 10-22-2018 STM by Art. 1]
The benefits for employees covered by this bylaw shall include but not be limited to the following:
A. 
Paid time off (PTO). Regular employees are entitled to paid time off each year based on the amount of continuous service originating with the date of hire using the following schedule:
[Amended 3-27-1999 ATM by Art. 32; 10-10-2007 STM by Art. 10]
Years of Service
PTO
(days)
1
25
2
26
3
27
4
28
5
29
6
30
7
31
8
32
9
33
10
34
11 or more
35
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, Sick days, was repealed 10-10-2007 STM by Art. 10. See now Subsection A.
C. 
Other excused absences. Absences with pay may be excused by supervisors without charge to vacation for court leave, military leave, bereavement leave (no more than three days), voting (when not practicable to vote otherwise), and emergencies.
D. 
Leave without pay. A temporary non-pay status and absence from work granted by the Town at the employee's request.
E. 
Retirement/health insurance. For the purpose of retirement health insurance, an employee must have been a "regular" municipal/county/state employee with 10 years of continuous service in which he/she was eligible for benefit coverage and, at a minimum, age 55.
F. 
Overtime. Overtime shall not be paid to employees of the Town except as provided in this subsection:
(1) 
When overtime work is requested by the head of the department concerned, nonexempt employees shall receive pay on the following basis:
(a) 
Nonexempt employees will be paid at 1 1/2 times their base pay for hours worked in excess of 40 hours worked per week. For payroll calculations, holiday and vacation shall be considered as hours worked.
(b) 
Employees recalled to work from off-duty hours will receive a minimum of three hours' pay. Police will receive a minimum of three hours' pay at their regular base pay for court time only.
(2) 
Exempt salaried employees do not receive overtime. These employees by federal law are not required to receive overtime compensation.
G. 
Holidays. The following shall be considered holidays:
New Year's Day
Independence Day
Martin Luther King Day
Labor Day
Presidents Day
Columbus Day
Patriots Day
Veterans Day
Memorial Day
Thanksgiving Day
Christmas Day
H. 
Workers' compensation. An employee who by reason of an industrial accident receives statutory compensation may receive, in addition, the amount necessary to make up his regular weekly compensation only to the extent of the person's accumulated sick and vacation time applied on a pro rata basis.
I. 
A deferred compensation program shall be established. All employees with five or more years of continuous service with the Town are eligible. Employees may elect to contribute any amount up to 5% of their base salary, as determined by the compensation plan. Such contributions will be forwarded directly to the vendor for credit to the employee's account. The Town will match the employee's contributions according to the following schedule:
[Added 3-31-1990 ATM by Art. 16]
(1) 
Employees with five but less than 10 years of service on July 1 will have their contributions matched at the rate of 15%.
(2) 
Employees with 10 but less than 20 years of service on July 1 will have their contributions matched at the rate of 25%.
(3) 
Employees with 20 or more years of service on July 1 will have their contributions matched at the rate of 50%.
The provisions of this bylaw and any regulations adopted pursuant to this bylaw are severable. If any bylaw provision or regulation is held invalid, the remaining provisions of this bylaw or regulations shall not be affected thereby.
This bylaw shall take effect on July 1, 1990. Personnel policies existing prior to said date will remain in effect for at least 180 days from said date and until promulgation of new policies in accordance with § 78-5 herein.