[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
|
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[2]
|
|
Patriots Day
|
|
Veterans Day
|
|
Memorial Day
|
|
Thanksgiving Day
|
|
Christmas Day
|
[2]
Editor's Note: At the 5-14-2022 ATM, by Art. 30, the Town voted to change "Columbus Day"
to "Indigenous People's Day" throughout all documents currently in
use by the Town.
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.
