[[1]HISTORY: Adopted by the Town Council of the Town of Franklin 10-7-2009 by Bylaw Amendment
09-636. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 25, Personnel Regulations,
adopted 10-22-1986 by Bylaw Amendment 86-79, as amended, was repealed
10-7-2009 by Bylaw Amendment 09-635.
[Amended 6-26-2019 by Bylaw Amendment 19-843]
The purpose of the Personnel Bylaw is to establish a framework
for public human resources management for the Town of Franklin based
on merit to support the operational needs of Town government. Systems
and procedures developed as a result of this bylaw provide means to
recruit, retain, and develop employees to provide cost effective and
outstanding customer service to the community. All human resources
actions in the Town shall be made without regard to race, color, religious
creed, national origin, ancestry, sex (including pregnancy, childbirth
and related medical conditions), gender identity, age, criminal record
(inquiries only), handicap (disability), mental illness, sexual orientation,
active military personnel, and genetics. Actions will be based on
merit and fitness without regard to political affiliations, personal
relationships, or other non-job-related factors. This bylaw and policies
adopted pursuant to this bylaw are not intended to be all-inclusive.
Final discretion as to interpretation and as to the appropriate course
of action concerning a personnel matter shall be that of the Town
Administrator.
The Town Administrator is the appointing authority for all positions
and employees except elected officers and employees of the School
Department in pursuance of the provisions of MGL c. 41, §§ 108A
and 108C, and the Town Charter, § 4.2.5. All human resource
management actions are under the authority of the Town Administrator.
CHARTER — Franklin Town Home Rule Charter.
This term includes policies, procedures, rules and regulations.
Human Resource Management Bylaw.
Code of the Town of Franklin.
A.
All Town departments and positions shall be subject to the provision
of this bylaw and policies adopted pursuant to this bylaw, except
elected officers and employees of the School Department in pursuance
of the provisions of MGL c. 41, §§ 108A and 108C.
B.
To the extent that there is a direct conflict between the language
of a collective bargaining agreement and this bylaw or policies adopted
pursuant to it, the provisions of the collective bargaining agreement
shall prevail.
C.
Nothing in this bylaw shall be construed to conflict with any provision
of the Town Charter; to the extent that any apparent conflict exists,
it shall be determined in favor of the Charter.
A.
State Civil Service Law and Regulations. Nothing contained in this
bylaw shall be construed to conflict with MGL c. 31 and regulations
adopted in conformance with MGL c.31.
B.
Other statutes. Nothing contained in this bylaw or in policies adopted
pursuant to it shall be construed to conflict with any statute of
general application, special law enacted for the Town of Franklin
or any permissive statute accepted by the Town of Franklin. To the
extent that any apparent conflict exists, statutory language shall
control.
A.
The Town Administrator is the appointing authority for all municipal
positions, excluding elected officials and employees working under
the direct direction of the School Committee. This applies to all
hiring, promotion, and termination actions.
B.
The Town Administrator, in accord with § 4-2-3(g) of the
Home Rule Charter, is responsible for the daily administration of
the human resource management system. The Town Administrator or his/her
designee shall be responsible for the development of the human resources
system which meets the current and projected needs of the Town. The
Town Administrator or his/her designee shall conduct research to keep
the human resources systems and policies current with industry best
practices. Policies may address topics including, but not limited
to, recruitment and selection, compensation for employees, benefit
programs, time off, methods of selection of personnel, employee conduct,
performance management, safety and workplace violence, employee relations,
training and employee development.
[Amended 6-26-2019 by Bylaw Amendment 19-843]
A.
The Town Administrator may appoint a Human Resources Director for
the Town of Franklin who will impartially and equitably oversee all
personnel activities of Town government in administering this bylaw,
but the Town Administrator shall retain responsibility for all such
delegated acts and approval of personnel matters. From time to time
the Human Resources Director will review and amend the classification
and compensation plan, which establishes position titles, grades and
salary ranges for all non-union employees. Adjustments to the classification
and compensation plan will be based on current job responsibilities
and market conditions. A copy of the most recent plan shall be filed
with the Town Clerk.
A.
The Town Administrator shall adopt policies to implement this bylaw
and will ensure that policies reflect professional practices, are
kept current with federal and state laws and regulations, and are
in accord with the Home Rule Charter and other provisions of the Town
Code.
B.
The Town Administrator will ensure that department heads, supervisory
personnel and employees have access to current policies to promote
efficiency and economy of government.
C.
The Town of Franklin is an equal opportunity employer. Discrimination
against any person in recruitment, examination, appointment, training,
promotion, retention, or any other personnel action because of race,
color, religious creed, national origin, ancestry, sex (including
pregnancy, childbirth and related medical conditions), gender identity,
age, criminal record (inquiries only), handicap (disability), mental
illness, sexual orientation, active military personnel, genetics,
political affiliation, or other nonmerit factor is prohibited except
where such factor is a bona fide occupational requirement.
[Amended 6-26-2019 by Bylaw Amendment
19-843]
A.
Employees who choose to work for the Town of Franklin can expect
a workplace free from discrimination, harassment, or political pressure.
B.
Employees are expected to conduct business with integrity and to
report any instances of irregularity or fraud. They must not use their
position for personal gain, nor engage in any conduct which may reflect
unfavorably upon the Town.
[Amended 6-26-2019 by Bylaw Amendment 19-843]
The Town Administrator is empowered and authorized by this bylaw
to adopt human resource management policies defining the rights, benefits,
and obligations of employees subject to this bylaw.
A.
The Town Administrator may develop, amend or revise rules, regulations,
policies, and procedures to meet the current needs of the Town of
Franklin.
B.
The new or amended policies and their proposed effective date shall
be communicated to employees and posted on the Town website.
C.
Copies of the new or amended policies shall be filed with the Town
Clerk.
The provisions of this bylaw and the policies adopted pursuant
to this bylaw are severable. If any bylaw provision or policy is held
invalid, the remaining provision of the bylaw or policy shall not
be affected thereby.
