[Added 2-24-2004]
A.
The City of Springfield has an ongoing need for professional expertise
and experience in connection with the management and operation of
various departments, boards, commissions and authorities.
B.
The City of Springfield's financial obligations and other needs do
not permit the City to meet the salaries and career tracks available
in private employment.
C.
Private citizens and private employers are willing to lend such professional
expertise and experience to the City of Springfield.
D.
The Greater Springfield Chamber of Commerce has volunteered and agreed
to serve as a coordinating entity for all private citizens and private
employers that wish to participate in this "Loaned Employee Program."
E.
It is deemed to be in the interest of the City of Springfield to
review and accept certain offers of assistance.
A.
There is established in the City of Springfield a Loaned Employee
Program, the individual participants of which shall be referred to
as "loaned employees."
B.
For the purposes of this article and MGL c. 268A or MGL c. 149, § 44D, Paragraph (7), the term "loaned employee" is defined as any employee of a private employer loaned to the City in order to perform professional services for the benefit of the City, without compensation by or charge or cost to the City, on a part-time, intermittent or consultant basis, such as those of an architect, attorney, engineer, planner, or construction, financial, real estate, law enforcement, fire enforcement, mechanical, purchasing, computer systems, or traffic expert and who complies with the requirements of the Loaned Employee Program set forth in § 73-53 of this article.
C.
The Mayor or his or her designee shall be responsible for the operation,
appointment and supervision of any loaned employee(s) to the City
and in consultation with the respective heads of departments, boards,
commissions and authorities shall endeavor to match an existing need
with a loaned employee(s) possessing the appropriate professional
expertise and experience.
D.
The Mayor shall be assisted by the Greater Springfield Chamber of
Commerce, which shall supply names, resumes and information to the
Mayor regarding private citizens and employees of private employers
who have volunteered to serve as loaned employees.
A.
The Program is to assist the City in its operations and not to supplant
any current municipal employees. As such, no loaned employee shall
serve more than 800 hours in any three-hundred-sixty-five-day period.
Further, the position of loaned employee in any City department, board,
commission, or authority is hereby classified as a "special municipal
employee" position, and any person serving as a loaned employee shall
be deemed to be a special municipal employee for the purposes of MGL
c. 268A, the conflict of interest statute, and shall, pursuant
to the statute, owe the City the same duties and be subject to the
same restrictions as other special municipal employees. No loaned
employee shall be assigned or otherwise assume the official responsibility
of any municipal position other than a special municipal employee
position to, either alone or with others, approve, disapprove or otherwise
direct the action of any municipal agency of the City. Notwithstanding
this restriction, a loaned employee may provide professional advice
and counsel concerning such municipal agency action.
B.
Any loaned employee appointed and serving in accordance with this
article shall not be regarded as a City of Springfield regular employee.
Accordingly, no such loaned employee shall be entitled to or receive
compensation of any kind, including retirement credit or benefits,
from the City in connection with his/her services as a loaned employee
to the City of Springfield. A loaned employee may receive from the
loaning employer the employee's regular private compensation for the
time period(s) during which he or she provides services to the City,
provided that the loaned employee discloses in writing that he or
she is being so compensated by the loaning employer.
C.
Each loaned employee shall sign a scope-of-services contract with
the City of Springfield which identifies the loaned employee, the
major duties of that employee's work, the duration and the time commitment
involved as well as training regarding the provisions of Chapter 268A
of the General Laws. Consistent with the provisions herein, any such
scope-of-services contract may be amended or modified by agreement
of the loaned employee or his or her designee.
D.
The appointment of any person to serve as a loaned employee shall
become effective upon the Mayor's filing of a scope-of-service contract
with the City Clerk's office for any such loaned employee.
E.
A loaned employee shall become an "employee" under MGL c. 258,
to the extent permissible by law, and shall be indemnified for actions
taken in the scope of his/her volunteer services to the City as a
loaned employee.
F.
Loaned employees shall continue to be covered by the worker's compensation
policies of their private employers for injuries sustained while volunteering
to assist the City.
G.
Loaned employees shall report to the appropriate City Council subcommittee
any recommendations and suggestions prior to implementation.
H.
The City Council shall be notified when any loaned employee is scheduled
to review any City department, board, commission or authority. Any
recommendations or suggestions made by a loaned employee shall, after
review by the appropriate subcommittee, be reported to the City Council.
All resumes of selected loaned employees participating in the program
shall be forwarded to the City Council.
