As used in these Bylaws, the following words and phrases shall
have the following meanings unless a different construction is clearly
required by the context or by the laws of the nation and the Commonwealth.
ADMINISTRATIVE AUTHORITY
The elected or appointed official or board having jurisdiction
over a function or activity, as outlined in the Orleans Home Rule
Charter.
ALLOCATION
The assignment of an individual position to an appropriate
grade on the basis of kind of work, duties, and the responsibilities
of the position.
APPOINTING AUTHORITY
The Town Administrator is the Appointing Authority as outlined
in the Orleans Home Rule Charter.
BOARD
The Personnel Advisory Board as defined in Chapter
4.
CLASS
A group of positions in the Town service sufficiently similar
in respect to duties and responsibilities so that the same descriptive
title may be used to designate each position allocated to the class.
The same qualification shall be required of the incumbents. The same
tests of fitness may be used to choose qualified employees and the
same scale of compensation can be made to apply with equity.
CLASSIFICATION
Class titles appearing in Chapter
8 of these Bylaws plus class specifications which are on file with the Town Administrator and which are hereby incorporated by reference.
COMPENSATION
The salary or wages earned by any employee by reason of service
in the position, but does not include allowances for expenses authorized
and incurred incidental to employment.
CONTINUOUS EMPLOYMENT
Uninterrupted employment either full-time or permanent part-time,
except for required military service and for authorized vacation or
other authorized leave of absence.
DEMOTION
The movement of an employee from a position in one grade
to a position in another grade with a lower maximum pay rate.
DEPARTMENT
Any department, board, committee, commission or other agency
of the Town subject to these Bylaws.
DEPARTMENT MANAGERS
Department managers shall be taken to mean any employee who
has authority to recommend personnel actions to the Town Administrator,
including, but not limited to, selection, transfer or promotion.
DISCIPLINARY ACTION
An oral warning, written reprimand, suspension, demotion
or dismissal taken for cause by the appropriate authority.
EMPLOYEE
A person occupying an appointive position or an appointive
person who is on authorized leave of absence.
EMPLOYEE DATE
The date on which an employee commences performance of duties
and is placed on the payroll.
FAIR LABOR STANDARDS ACT
The Fair Labor Standards Act (FLSA) sets minimum wage, overtime
pay, equal pay, recordkeeping, and child labor standards for employees
who are covered by the Act and are not exempt from specific provisions
of the Act.
FULL-TIME EMPLOYMENT
Employment for not less than five days per work week (as
work week is defined in Chapter 9 of these Bylaws) for fifty-two weeks
per annum minus legal holidays and authorized leave for vacation,
sickness, bereavement or other reason.
GRADE
A position or group of positions which are sufficiently similar
with respect to duties, responsibilities and authority that may be
properly compensated within the same pay range under substantially
the same employment conditions.
GRIEVANCE
A misunderstanding or disagreement between an employee and
a supervisor that relates to policies, rules and regulations of the
Personnel Bylaw.
INCREMENT
The dollar difference between step rates.
INCUMBENT
The current occupant of a position.
JOB DESCRIPTION
The written description of a position, approved by the Town
Administrator, including the title, a statement of the nature of the
work, examples of duties and responsibilities, and the minimum qualification
requirements that are necessary for the satisfactory performance of
the duties of the position.
LAYOFF
The separation of an employee because of lack of work or
funds or other reasons not related to fault, delinquency, or misconduct
on the part of the employee.
LEAVE
An authorized absence from regularly scheduled work hours
which has been approved by proper authority.
MAXIMUM RATE
The highest rate in a range which an employee is entitled
to obtain.
MINIMUM RATE
The lowest rate in a range (normally the hiring rate of a
new employee).
OVERTIME
Time an employee is directed and authorized to work in excess
of the normal work week.
PAY PLAN
A schedule of compensation for all grades in the classification
plan, including any successive pay rate steps established for each
grade. All positions allocated to one grade will be paid according
to the salary range established for that grade.
PAY STATUS
A period of active employment, including vacation and sick
leave.
PERMANENT PART-TIME EMPLOYMENT
Employment for less than full time but for 20 hours or more
per week for 52 weeks per year on a regularly scheduled basis.
PERMANENT POSITION
A full time or permanent part-time position in the Town which
has required or which is likely to require the services of an incumbent
in continuous employment for a period of 52 calendar weeks and in
excess of 20 hours per week.
PERSONAL RATE
A rate above the maximum rate applicable only to a designated
employee.
PERSONNEL ACTION
Any and all activities affecting any aspect of an employee's
status which includes appointments and changes in appointments, original
hiring, re-employment, transfer, promotion, demotion, changes in hours,
reallocation, resignation, suspension, discharge, placement on leave,
step increases, etc.
POSITION
An office or post of employment in the Town with duties and
responsibilities calling for the full time, part-time, or seasonal
employment of one person in the performance and exercise thereof.
PROBATIONARY EMPLOYEE
An employee who has not yet completed a probationary period
of service, but who is otherwise entitled to the same benefits as
a permanent employee.
PROBATIONARY PERIOD
A working test period, following an appointment, during which an employee is required to demonstrate, by conduct and actual performance of the duties, fitness for the position to which appointed (See Chapter
20).
PROMOTION
The movement of an employee from a position of one grade
to a position of another grade with a higher maximum pay rate.
RANGE
The dollar difference between minimum and maximum rates.
RATE
A sum of money designated as compensation for work performed
on an hourly, daily, weekly, monthly, annual or other basis.
REGULAR EMPLOYEE
Any employee who is employed over 20 hours per week on a
regularly scheduled basis as either a full time employee or as a permanent
part-time employee.
SEASONAL AND SEASONAL RECREATION EMPLOYMENT
The Town is a certified seasonal employer by the Massachusetts
Department of Unemployment Assistance. Annually the Town applies for
certification of positions for our summer beach and recreation programs.
Seasonal employees work for a specific time period totaling less than
20 weeks in a calendar year (i.e., Lifeguard: May - September).
[Amended 5-13-2019 ATM by Art.
46]
SENIORITY
An employee's uninterrupted, continuous length of service
as a permanent employee with the Town.
STEP INCREASES
An increase in pay from one step to a higher step in the
pay range for an employee who meets the eligibility conditions specified
in these policies.
STEP RATE
A rate in a range of a compensation grade.
SUSPENSION
An involuntary absence without pay imposed on an employee
as disciplinary action or pending final outcome of appeal.
TEMPORARY EMPLOYMENT
Employment for non-seasonal employees for up to 40 hours
per week not to exceed 1,025 hours in one calendar year.
TOWN
The Town of Orleans.
TOWN ADMINISTRATOR
The chief administrative officer of the Town responsible
for administering and coordinating all employees, activities and departments
placed by general law, charter or by-law under the control of Selectmen
or Town Administrator, as outlined in the Orleans Home Rule Charter.
TRANSFER
The movement of an employee from one position to another
position of the same grade or of another grade having the same pay
rate involving the performance of similar duties and requiring essentially
the same basic qualifications.
WORK WEEK
The work week shall be 40 hours except as may be otherwise
established by this bylaw.
[Amended 5-13-2019 ATM by Art. 46]
8-1. See separate schedule for current classification and rates of pay
which, by reference, is made a part of this bylaw.
8-1-1. Effective
July 1, 2019, compensation plans for full time, part time, seasonal
and call firefighter positions will be increased by a 2% cost of living
adjustment (COLA).
8-1-2. Effective
the first period after July 1, 2019, the Town will add an 11th step
to the Compensation Plan A that is 2.5% (two and a half percent) higher
than Step 10. After the additional step is implemented, Step 1 of
the compensation plan will be deleted and the compensation plan will
consist of just Steps 2-11. The only effect of the elimination of
Step 1 will be that Step 2 will become the lowest initial step placement
for an employee hired on or after July 1, 2019. It shall not change
the step placements of current employees implemented on July 1, 2019.
[Amended 5-13-2019 ATM
by Art. 46]
14-1. The Town will pay that portion of the premium for the group hospital,
medical, surgical and life insurance under the Barnstable County Group
Plan for an eligible employee as is authorized under certain provisions
of Chapter 32 B of the General Laws of the Commonwealth.
14-1-1. The monthly health insurance premium for the group indemnity plan
shall be split 65% paid by the Town and 35% paid by the employee.
14-1-2. For employees hired prior to July 1, 2018, the monthly health insurance
premiums for subscribers to the PPO and HMO plans shall be split 75%
paid by the Town and 25% paid by the employee. For employees hired
on or after July 1, 2018, the monthly health insurance premiums for
subscribers to the PPO and HMO plans shall be split 65% paid by the
Town and 35% paid by the employee.
14-1-3. Flexible spending account. The Town offers a flexible savings account
(FSA) for any employee who chooses to set up an account to pay for
health care costs. The Town pays the monthly base administrative fee
(currently $50 per month) and any participant fee (currently $6 per
month).