[Ord. No. 1228, § 1, 8-11-2020[1]]
This chapter shall apply to all departments and offices of the
City, and all employees thereof, except the School Department and
the employees of the School Department
[Ord. No. 1228, § I, 8-11-2020]
(a)
Unless the content specifically indicates otherwise, the meaning
of terms used in this chapter shall be as follows:
(1)
CIVIL SERVICE — Civil Service Commission.
(2)
CITY — City of Pittsfield.
(3)
CLASSIFICATION — A list of accepted positions and their respective pay grades for the City of Pittsfield, as found in the Compensation Schedules, included as an attachment to this chapter.
(4)
COMMONWEALTH — Commonwealth or State of Massachusetts.
(5)
COLLECTIVE BARGAINING AGREEMENT — Agreement between the City
and a recognized employee bargaining group.
(6)
COUNCIL — City Council of Pittsfield.
(7)
DIRECTOR — Director of Human Resources.
(8)
NONUNION EMPLOYEE — One who serves the City of Pittsfield for
compensation whose position is not covered by a collective bargaining
agreement.
(10)
NONEXEMPT EMPLOYEE — An employee who is eligible to earn
overtime compensation in accordance with the Fair Labor Standards
Act.
(11)
MANAGER — An employee paid on the management pay scale, or a department head who is appointed in accordance with Article 2, Section 2-10 and Article 3, Section 3-3 of the City Charter enacted by Chapter 72 of the Acts of 2013. For the purposes of determining employee benefits, the City Clerk is to be considered a manager.
(12)
MAYOR — Mayor of the City of Pittsfield.
[Ord. No. 1228, § I, 8-11-2020]
No person shall be originally hired, and no employees shall
be promoted or re-employed or reinstated after suspension or leave
of absence, except vacation leave, until the Director shall have certified
in writing to the Mayor that the employment or promotion of such person
is in accordance with the provisions of this Code, other ordinances
of the City and the laws and regulations governing civil service.
The provisions of this section shall not apply to elected officials
or to persons who are not subject to civil service and nothing contained
in this section shall be held to abridge the powers otherwise granted
by law or ordinance to an official in the hiring, reinstatement or
promotion of employees.
[Ord. No. 1228, § I, 8-11-2020]
No person shall be originally hired until such person or employee
has undergone a physical examination and has been found physically
fit to perform the duties of their position. Such examination shall
be performed at the expense of the City by a medical provider contracted
by the Human Resources Department.
The provisions of this section shall not apply to elected officials
and nothing contained in this section shall be held to abridge the
powers otherwise granted by law or ordinance to an official in the
hiring, reinstatement or promotion of employees.
[Ord. No. 1228, § I, 8-11-2020]
All positions in the municipal service shall be grouped into pay grades sufficiently similar in respect to their duties, responsibilities, training, education, experience, knowledge, skill, and abilities. These positions shall be known as classified positions of the City and can be found in the Compensation Schedules, included as an attachment to this chapter.
[Ord. No. 1228, § I, 8-11-2020]
Job descriptions shall be prepared under the guidance of the
Director for all classified positions. These descriptions shall define
the duties of all positions and the desirable qualifications for successful
performance of such duties.
[Ord. No. 1228, § I, 8-11-2020]
The classification plan for City positions shall be held exclusively
by the Human Resources Department, and shall be maintained and revised
through provisions outlined in this chapter and through the collective
bargaining process.
[Ord. No. 1228, § I, 8-11-2020]
Nothing contained in this chapter shall operate or be construed
to authorize or permit any person to incur any obligations or to make
any expenditure in excess of any appropriation made therefor, or for
which no appropriation has been made; nor shall this chapter operate
or be construed to impose any liability upon the City for any obligations
or debt incurred in excess of such appropriation or in the absence
of such appropriation therefor.
[Ord. No. 1228, § I, 8-11-2020]
(a)
Allocation of existing positions. The Director shall maintain a record
of the allocation of individual positions to appropriate classes and
all amendments in classifications and allocations of positions. Any
proposed change in allocation of a position shall become effective
upon the approval of the Mayor.
(b)
Interpretation of class specifications.
(1)
Purpose and effect of job descriptions: Each job description outlines
the main characteristics and qualification requirements of positions
in the class and gives examples of specific duties which employees
holding such positions may properly be required to perform. The job
descriptions are detailed and explanatory but not restrictive. The
listing of particular examples of duties does not preclude the assignment
of other tasks by management.
(2)
Application of descriptions to position. In determining the class
to which a position should be allocated, the job description of each
class shall be considered in its entirety and in relation to the descriptions
of other classes in the classification plan.
(3)
Statements of desirable qualifications. The statement of qualifications
in a job description is intended to be used as a guide in selecting
persons for employment, and for use in determining the relative value
in relation to other similar positions.
[Ord. No. 1228, § I, 8-11-2020]
(a)
Responsibilities of the Director. The Director shall be responsible
for the work of administering and maintaining the classification plan.
The Director shall direct necessary reviews and preparation of reports
recommending appropriate action to assure that the classification
plan is kept current and that any important changes in duties and
responsibilities in any existing positions and of new positions are
reflected in the plan.
Any changes for re-classification or relocation of classes shall
be provided to the Mayor in writing by the Director. Any proposed
reallocation to be made shall be made with the knowledge of the employee
concerned and the manager.
(b)
Changes requiring approval of the Mayor: The approval of the Mayor
shall be obtained for the establishment of any new class or changes
in class titles, and subject to any provisions and policies of the
Human Resources Department and Personnel Review Board.
(c)
Employee requests for classification adjustments. Any person shall
have the right to consideration of any request they may have with
respect to a change in the classification of their position. The person
shall make their request initially to the manager who shall promptly
seek to arrive at a solution which is consistent with the classification
plan and acceptable to the person. Where the manager is unable to
resolve such a request in a manner that the person is willing to accept
in writing, the matter shall then be submitted to the Director for
such action as their may deem appropriate, including referral to the
Mayor.
[Ord. No. 1228, § I, 8-11-2020]
The classification plan for City positions may be found in the Compensation Schedules, included as an attachment to this chapter, for all nonunion positions. Classification plans for unionized jobs may be found in the respective collective bargaining agreements.
[Ord. No. 1228, § I, 8-11-2020]
All present and future members who shall serve as volunteers
or unpaid members of all present and future boards or commissions
established either by ordinance or order, except as elsewhere expressly
provided, shall be classified as "special municipal employees" as
that term is defined by Section 1(n) of Chapter 268A of Massachusetts
General Laws, as amended. Such classification shall apply to said
board and commission members only in the performance of their powers
and duties as outlined in the creation of the particular board or
commission of which they are members.
Notwithstanding the provisions of § 16-1, all members of the School Committee, as defined in Article 4 of the City Charter enacted by Chapter 72 of the Acts of 2013, shall be classified as "special municipal employees" as that term is defined by Massachusetts General Laws, Chapter 268A, Section 1(n).
The position of weather observer, which position is responsible
to the airport commission, shall be classified as a "special municipal
employee" as that term is defined by Massachusetts General Laws, Chapter
268A, Section 1(n).
[Ord. No. 1228, § I, 8-11-2020]
(a)
Compensation schedules. The Mayor may determine the appropriate compensation
rate to pay an individual in each position, or accept a recommendation
from the Director, subject to appropriation. The pay of other nonunion
employees shall be on the basis of the rate prescribed for the respective
positions on the respective pay scale. The Mayor may, in their discretion
and based upon an employee's performance, adjust the compensation
of an employee to an amount between the steps enumerated in the pay
scale.[1]
[1]
Editor's Note: Compensation Schedules are included as an attachment to this chapter.
(b)
Collective bargaining agreements. The pay of all employees covered
by collective bargaining agreements shall be as indicated in the appropriate
collective bargaining agreement.
(c)
Special salary provisions.
(1)
Assuming additional responsibility: In any case when an employee
is qualified for and is temporarily required to regularly serve in
and accept the responsibility to work in a higher class of position,
such employee shall receive the entrance rate of that class or one
step above their present rate, whichever is higher while so assigned,
subject to the approval of the Mayor and/or Director of Human Resources.
If an employee is required to work in a position of the same
pay grade on a temporary basis, that employee shall be entitled to
additional compensation at the rate of 25% of the first step established
in the respective pay grade.
If an employee is required to work in a position of a lower
pay grade on a temporary basis, that employee shall be entitled to
additional compensation at the rate of 25% of the first step established
in the respective pay grade.
If the manager of one department of the City shall become the
acting manager of a second department, they shall be paid additional
compensation for the period that they serve simultaneously as the
manager of both such departments; the additional compensation to be
at the rate of 25% of the compensation fixed and established for the
manager of such second department.
To qualify for additional compensation under this section, temporary
assignments must be regular and continuous in character for periods
of 14 days or more.
[Ord. No. 1261, § I, 4-11-2023]
(2)
Computation of salaries for part-time employees. Any permanent
employee regularly employed on a continuing work schedule of less
than full time shall be compensated at a reduced rate of pay computed
as follows:
|
actual hours per week
| ||||
|
Reduced rate
|
=
|
full-time rate
|
x
| |
|
normal hours per week
|
A temporary or seasonal employee occupying a classified position shall be employed initially at the hourly rate of the entrance salary in the schedule for the class in which employed. Such employee may be advanced in pay based upon meritorious service in the same manner as other employees, except that only actual hours of work shall be considered in the computation of service requirements for such advancement. When the hourly equivalent of required periods of service has been attained, advancement to the higher step rates may be effected in accordance with § 16-14. The accumulation of service toward advancement within a class shall continue unless interrupted by a period of absence from the City for more than one year.
(3)
Mileage: Any employee who is required to use their own vehicle
for City business shall be reimbursed at the then-applicable rate
of the Internal Revenue Service.
(4)
Merit compensation.
a.
The Mayor may grant merit compensation to a manager in amounts
up to $2,500 annually for outstanding performance and service to the
City. The criteria for the merit compensation shall include, but are
not limited to: leadership, productivity initiative, and generally
going above and beyond normal work duties. All grants shall be subject
to availability of funding. Any grant made shall not be added to base
regular compensation.
b.
All nonunion employees may apply annually for merit compensation.
The compensation shall be granted by the Mayor based upon the employee's
performance. The criteria for the merit compensation shall include,
but are not limited to: leadership, productivity and initiative. All
applications shall be filed with the Mayor on or before April 15 and
a final decision made in the month of June. The amount of such awards
shall be as follows:
(5)
The Mayor may grant a nonunion employee's request for tuition
reimbursement at an accredited college, university, or professional
training school for courses which are relevant to the employee's
position and which are taken with the advance approval of the department
head and/or Mayor. The employee shall be reimbursed 50% for the cost
of the tuition, provided that the reimbursement shall not exceed $1,250
per semester, or $2,500 per calendar year.
[Ord. No. 1259,
§ I, 4-11-2023]
[Ord. No. 1228, § I, 8-11-2020]
(a)
The rates of compensation which are prescribed in this chapter shall
be changed only by the City Council by amendment of this chapter.[1]
[1]
Editor's Note: Compensation Schedules are included as an attachment to this chapter.
(b)
Changes of the compensation plan shall be made in a manner to maintain
proper relationship among the classes of positions and to reflect
changes in the cost of living and in prevailing rates of pay for comparable
positions outside the City services.
(1)
Cost of living adjustments shall be made to management and nonunion
employee pay schedules annually on July 1. Cost of living adjustment
increases shall reflect the annual change in the Consumer Price Index
for All Urban Consumers from the prior January, but not exceeding
5.0%.
[Ord. No. 1252, § I, 8-9-2022, eff. 1-1-2023]
(c)
Changes in compensation of employees covered by collective bargaining
shall be exclusively reserved to the Mayor.
[Ord. No. 1228, § I, 8-11-2020]
(a)
Starting rate on initial employment: Except as hereinafter provided,
the starting rate of compensation on initial employment shall be the
rate shown as Step 1 for the applicable class grade in the compensation
plan.
(b)
Exceptions as to starting rate: The starting rate of compensation
on initial employment may be at a step rate higher than Step 1, provided:
(1)
That compensation at such higher rate is recommended in writing
by the appropriate manager and approved by the Mayor;
(2)
That any such exception is based on the outstanding and unusual
character of the employee's experience and ability over and above
the minimum qualifications specified; and
(3)
That an appropriation sufficient to pay such higher rate has
been made.
(c)
Starting rate on return to duty: A person who returns to duty in
the same class of position after separation from the service shall
be compensated as follows:
(1)
If the separation was caused by a leave of absence of 30 days
or more without pay under the provision of § 16-17(f)(2),
at the step rate they received at the time of separation.
(2)
If the separation was caused by entry into the armed forces
of the United States, at the step rate to which they would have been
entitled had their service not been interrupted by service in the
armed forces.
(3)
If the separation was for any other cause, at the starting rate
on initial employment, subject to the exceptions provided for in Subsection
(b) of this section.
(d)
Starting rate in new position: Whenever a person is assigned to duty
in a position not previously held by them and such change is not in
the nature of a promotion, they shall receive the entrance rate in
the schedule established for such position or such other rate within
the applicable schedule they may be entitled to by reason of crediting
them in his new position with such prior service that is found to
meet the following conditions: the character and nature of duties
of the position to which the person was assigned are similar to those
of the new position; the service in the former position provided experience
valuable to the performance of the new position.
(e)
Rate
of pay on promotion: The starting rate of employment in a new position
by an employee who is already in the City service shall be the rate
shown as Step 3 for the particular position and the appropriate length
of service with the City. The starting rate of compensation may be
at a step rate higher than Step 3 provided:
(1)
The higher rate is recommended in writing by the Human Resources
Director, Department Head and/or Mayor; and
(2)
Any such exception is based on the outstanding and unusual character
of the employee's experience and ability; and
(3)
An appropriation sufficient to pay such higher rate has been
made.
(f)
Probationary period: The first six months of service after initial appointment or promotion to a position classified under § 16-11 shall be considered the probationary period. A person whose service during the probationary period is not satisfactory shall be dismissed from service, except for individuals with permanent civil service status, the City shall follow any applicable provisions outlined in M.G.L. Chapter 31.
(g)
Advancement
within a compensation schedule: The employee shall be advanced to
higher steps or salary within the schedule, unless otherwise recommended
by the manager, Director, or Mayor, in accordance with the following
provisions until the employee has reached the maximum rate of the
schedule for their position:
[Ord. No. 1234, § I, 3-9-2021]
(1)
Employees shall receive a step or salary increase on July 1
of each calendar year.
(2)
Employees hired between January 1 and June 30 will be eligible
for step or salary movement on their six-month anniversary date, then
July 1 each year thereafter.
(3)
(Reserved)
(4)
Managers and department heads shall only advance in their appropriate
pay schedule at the discretion of the Mayor. Such advancement shall
only be in accordance with the schedule above and/or based on merit,
as determined by the Mayor.
(h)
Requirements as to continuity of service: Service requirements for
advancement within the compensation schedules and for other purposes
as specified in this chapter shall have the implication of continuous
service, which means employment in the City service without break
or interruption. Leaves of absence without pay of less than 30 days
and leaves with pay shall not interrupt continuous service nor be
deducted therefrom. Absences on leave without pay in excess of 30
days, except for extended service with the Armed Forces of the United
States, shall be deducted in computing total service but shall not
serve to interrupt continuous service. In case of repeated one-day
absences without leave, the Mayor may consider the service of the
employee interrupted and shall have the record of the employee show
the same.
[1]
Editor's Note: Compensation Schedules are included as an attachment to this chapter.
[Ord. No. 1228, § I, 8-11-2020; Ord.
No. 1269, § I, 10-10-2023]
(a)
Overtime administration: In emergencies, managers may prescribe,
with the approval of the Mayor, reasonable periods of overtime work
to meet operational needs. Such overtime shall be reported and justified
as required by the Mayor. Complete records of overtime of employees
shall be maintained by managers. Accrued compensatory time off records
shall be kept by the Director.
(b)
Compensation for overtime: Nonunion/nonexempt employees of the City
shall receive compensation as follows for work performed and services
rendered in excess of 40 hours per week, such work and services being
hereinafter called "overtime work":
(1)
In accordance with provisions outlined in the Fair Labor Standards
Act, Managers and exempt employees shall not be entitled to any compensation
for overtime work.
(2)
All other non-union/non-exempt employees of the City shall receive
compensation at the rate of 1.5 hours for each actual hour(s) worked
in excess of 40 hours per week.
When computing overtime pay, the following will not be considered
as "time worked":
(3)
Compensatory time off without loss of pay in lieu of overtime
payment for nonexempt employees may be allowed at the discretion of
the department manager, and at the request of the employee, in accordance
with the U.S Fair Labor Standards Act and the procedures listed below.
a.
Employees may request that they receive compensatory leave in
lieu of overtime payment. No employee may be forced to receive compensatory
leave in lieu of overtime wages.
b.
The decision as to whether or not to approve such compensatory
leave in lieu of wages is strictly at the discretion of the department
manager.
c.
The request for compensatory leave in lieu of overtime payment
must be made prior to the overtime hours worked.
d.
No employee may accumulate more than 40 hours of compensatory
time off.
(c)
Call-in pay. A "call-in" is defined as an unscheduled request made
by a director or manager for an nonunion/nonexempt employee to return
to their work location to do unforeseen or emergency work after leaving
the work location at the end of the regular shift and before the beginning
of the next regularly scheduled shift.
When responding to a call-in, an employee will receive their
regular rate of pay for actual hours worked or the equivalent of at
least four hours at their regular rate of pay, whichever amount is
greater. Hours worked on a call-in shall count as time worked for
the purpose of calculating overtime. Overtime compensation is applicable
only when the total hours worked exceed 40 hours in the workweek.
This call-in pay provision shall not apply to any work performed
or services rendered immediately before or after the regular scheduled
work of any employee and without interruption or cessation except
for meals.
[Ord. No. 1228, § I, 8-11-2020]
(a)
Compensation for absence on holidays.
(1)
Subject to the exceptions and conditions hereinafter provided,
all nonunion employees, temporary employees, seasonal employees and
managers shall receive their regular compensation for all legal holidays:
[Ord. No. 1236, § I, 4-13-2021]
(2)
When any of the above holidays fall on a Saturday, the preceding
Friday is observed. When any of the above holidays fall on a Sunday,
the following Monday is observed. In order to qualify hereunder for
compensation for any such holiday, such employee must have been regularly
scheduled to work on such day, unless the absence of such regularly
scheduled work day is due to jury service or is an absence for which
compensation is payable under this chapter.
(3)
When Christmas Day falls on a Saturday, the Mayor in their discretion,
may choose to open City Hall on the preceding Thursday (which would
normally be the observed Christmas Eve holiday). In that event, the
Mayor shall grant each employee that worked that Thursday a floating
holiday.
(4)
When Christmas Day falls on a Sunday or Monday, the Mayor in
their discretion, may choose to open City Hall on the preceding Friday
(which would normally be the observed Christmas Eve holiday). In that
event, the Mayor shall grant each employee that worked that Friday
a floating holiday.
[Ord. No. 1228, § I, 8-11-2020]
(a)
Vacation leave: All nonunion employees of the City shall be entitled
to the minimum vacation period(s) in accordance with the schedule
listed below. Vacation requests shall be approved by the department
head or supervisor, and shall not be unreasonably withheld and/or
denied. Vacation accruals are credited on the employee's original
service anniversary date. Vacation accruals are not cumulative and
must be exhausted by the end of the calendar year, unless otherwise
prescribed in this chapter.
[Ord. No. 1234, § I, 3-9-2021; Ord.
No. 1258, § I, 4-11-2023]
|
Years of Service
|
Number of Vacation Days
|
|---|---|
|
6 months
|
10
|
|
1
|
11
|
|
2
|
12
|
|
3
|
13
|
|
4
|
14
|
|
5
|
15
|
|
6
|
16
|
|
7
|
17
|
|
8
|
18
|
|
9
|
19
|
|
10
|
20
|
|
11
|
21
|
|
12
|
22
|
|
13
|
23
|
|
14
|
24
|
|
15
|
25
|
|
16
|
26
|
|
17
|
27
|
|
18
|
28
|
|
19
|
29
|
|
20
|
30
|
(b)
Conversion
of unused leave to cash.
[Ord. No. 1258,
§ I, 4-11-2023[1]]
(1)
All nonunion employees who are entitled to 15 days of annual
vacation under this section shall be entitled to convert up to five
days of unused vacation into cash at the end of the calendar year.
(2)
All nonunion employees who are entitled to 20 days or more of
annual vacation under this section shall be entitled to convert up
to 10 days of unused vacation into cash at the end of the calendar
year.
(3)
All nonunion employees may roll up to five days of vacation
time into the following calendar year. Employees shall make the request
to their direct supervisor by November 30 of the calendar year. Employees
may not in any one year have a maximum accumulation of more than their
regular vacation entitlement plus the additional day(s) of vacation
that was carried over.
(c)
Sick leave.
(1)
All nonunion employees shall continue to receive their regular
compensation during the period of their absence from duty because
of disability resulting from personal injuries or illness and not
arising out of and in the course of their employment if the employee
has available sick leave accruals. Sick leave shall be accumulated
at the rate of one day for each three weeks of service in the preceding
12 months, but not more than 15 days in any calendar year, and shall
be credited on the first day of January. Holidays and any other day
or days not included in the normal work week shall not be included
in the computation of the number of days allowed hereunder. The unused
portion of any sick leave allowed hereunder may be accumulated on
an unlimited basis. In cases of undue hardship, managers, at their
discretion, may allow a person to use their accumulated sick leave
prior to the January 1 crediting date.
(2)
Payment of managers, employees and exempt employees in excess
of workmen's compensation benefits for disability resulting from performance
of duty. All persons who are covered by workmen's compensation shall
continue to receive during the period of their absence from duty because
of total disability resulting from personal injuries arising out of
and in the course of their employment, or arising out of ordinary
risks of the street while actually engaged, with the authorization
of the City, in the business affairs or undertakings of the City,
or during the period of their absence from duty because of total disability
resulting from sickness or illness arising out of and in the course
of their employment, the difference between their regular compensation
and the amount being received by them under the Workmen's Compensation
Act. Amounts received hereunder shall be subject to Subsection (b)(2)
of this section governing sick leave benefits.
No person shall receive benefits hereunder in excess of the
unused portion of any sick leave to which he may be entitled under
Subsection (b)(2) of this section. Payments hereunder shall be charged
against the unused portion of sick leave benefits as follows:
|
Per diem amount received hereunder
| ||||
|
Number of days charged
|
=
|
Per diem regular compensation of days for which compensation
benefits have been received
|
x
|
Number
|
(3)
Report of disability: No person shall be entitled to compensation
under this chapter for any period of disability unless such disability
and the cause or reason therefor are reported forthwith to the manager
of the office thereof. In the case of disability of a department head,
such report shall be made to the Mayor and Director of Human Resources.
Any person who feigns sickness, injury or disability, or who makes
a false statement relative thereto, shall be subject to immediate
discipline, up to and including termination of employment.
(4)
Verification of disability: It shall be the duty of managers
and human resources to take reasonable steps as may be necessary to
determine and verify the existence and cause of any disability for
which compensation is claimed under the provisions of this chapter.
(5)
Medical examinations: Upon request of the Director or a manager,
any person claiming compensation under this chapter for any period
of disability shall be examined by the City's contracted vendor for
occupational health services, and to report the results of such examination
to the Director or manager as frequently as requested during such
period of disability. It shall also be the duty of the contracted
vendor to report the Director or manager requesting such examination
when the total disability of the person examined terminates. This
section shall not operate or be construed to entitle any disabled
person to medical treatment or services by occupational health services
unless such person shall otherwise be entitled thereto without regard
to this section.
(6)
Upon separation from service with a minimum of 10 years' service,
any nonunion employee or designated beneficiary shall be compensated
for each day of accumulated sick leave due to him or her at 50% of
the rate of pay immediately prior to separation from service, and
such accumulation shall not exceed 140 days.
(d)
Bereavement: Every nonunion employee of the City shall receive their
regular compensation during absence from work due to the death of
their parent, grandparent, grandchild, stepparent, husband, wife,
child, stepchild, brother, sister, father-in-law, mother-in-law, brother-in
law, sister-in-law, son-in-law, daughter-in-law, aunt or uncle. Such
absence shall be limited to three days for the death of any such relative,
except in the case of the death of a spouse, child or parent, the
person shall be entitled to five days of leave.
[Ord. No. 1234, § I, 3-9-2021]
(e)
Absences not deductible from vacation. The time or period during
which any person shall be entitled to compensation under this chapter
for absences due to disability or for deaths of relatives shall not
be deducted from the vacation period to which such person is otherwise
entitled; and such time or period of absence shall be included in
computing the number of weeks of service in determining the basis
for the allowance of such vacation period.
(f)
Personal leave: Employees not covered by a collective bargaining
agreement shall be entitled to three personal days per calendar year.
Any days so used shall not be deducted from the individuals' accumulated
sick leave, are not cumulative and must be used by the end of the
calendar year.
(g)
Special leave:
(1)
In addition to leaves authorized above, a manager may authorize
a person to be absent without pay for personal reasons for a period
or periods not to exceed 10 working days in any calendar year.
(2)
The Mayor may authorize special leaves of absence with or without
pay for any period or periods not to exceed three calendar months
in any one calendar year for the following purposes: attendance at
college, university or business school for the purpose of training
in subjects related to the work of the person and which will benefit
the person and the City service; urgent personal business requiring
the person's attendance for an extended period, such as settling estates,
liquidating a business; and for purposes other than the above that
are deemed beneficial to the City service.
(h)
Absence without leave: A person who is absent from duty shall report
the reason therefor to his manager prior to the date of absence when
possible and in no case later than noon on the first day of absence.
All unauthorized and unreported absences shall be considered absence
without leave and deduction of pay shall be made for the period of
absence. Such absence may be made the ground for disciplinary action.
[Ord. No. 1228, § I, 8-11-2020]
(a)
Responsibilities of the Director: The Director shall be responsible
for the administration of the compensation plan, including, but not
limited to: the determination of proper compensation rates within
existing ordinance provisions, and the preparation of recommendations
and initiation of approved revisions to the plan on the basis of changes
in cost of living and prevailing rates of pay for comparable positions
outside the City service. The changes recommended by the Director
shall be reviewed by the Mayor, and shall be effective upon approval
by the Mayor and City Council.
(b)
Employee requests for compensation adjustments: Any person shall
have the right to the consideration of any request they may have with
respect to changes in the application of the compensation plan to
their position. The person shall initially make their request to their
manager who shall promptly seek to arrive at a solution which is consistent
with the compensation plan and acceptable to the employee. Where the
manager is unable to resolve such a request in the manner that the
person is willing to accept in writing, the request shall then be
submitted to the Director together with the manager's recommendation
thereon, for a solution which is consistent with the compensation
plan and acceptable to the person and the manager. In case the person's
request cannot be so resolved, such request, with the recommendation
of the Director and the manager, shall be submitted for consideration
and action by Mayor.
[Ord. No. 1228, § I, 8-11-2020]
(a)
The administrative and business offices of the City shall be open
to the public every day Monday through Friday, exclusive of legal
holidays, from 8:30 a.m. to 4:00 p.m.
[Ord. No. 1228, § I, 8-11-2020]
(a)
To the extent possible, consistent with public service and the conduct
of the affairs of the City, it is declared that the normal working
hours for employees of the City shall not exceed eight hours in any
one day, nor 40 hours in any one week. Exceptions to such rule being
necessary by reason of the varied nature of the duties and functions
of the various departments of the City, it is hereby declared that
the normal work week for such excepted cases shall be as outlined
in the appropriate collective bargaining agreement relative to the
fire, police, public utilities, public services, maintenance and community
service department employees. The Fire Chief, Police Chief, Commissioner
of Public Utilities, Commissioner of Public Services and Director
of Maintenance shall each be responsible for setting schedules.
(b)
Election officers shall work from the opening of the polls to such
hour as may be necessary for the completion of their duties.
[Added Ord. No. 1268, §§ I and II, 7-11-2023
No position that is designated as a management position on the Management/Department Head Salary Schedule (Chapter 16, Attachment 1) shall be filled by more than one part-time employee without the consent of the City Council.
[1]
Editor's Note: Former Sec. 16-21, Adjustment in salaries and
wages based upon length of employment, Ord. No. 1227, § I,
8-11-2020, was repealed by Ord. No. 1234, § I, 3-9-2021.
[Ord. No. 1228, § I, 8-11-2020]
Individuals hired for employment with the City, who transfer from the School Department without interruption or break in service, shall maintain their original service date for purposes of determining accrual benefits outlined in Section 16-17 and collective bargaining agreements.
[Ord. No. 1228, § I, 8-11-2020]
The inclusion of any office, position or job in this chapter
or the omission therefrom of any office, position or job shall not
operate to create, establish, discontinue or abolish the same. No
change made by this chapter in the name or title of any office, position
or job shall affect the existence or continued existence of such office,
position or job.
[Ord. No. 1228, § I, 8-11-2020]
(a)
Preferred but not required. It is preferred but not required that appointees to management positions live within the City of Pittsfield, with the exception of public safety managers listed in Subsection (b) below.
(c)
Residence defined. "Residence" means the principal place of domicile
of the manager. "Principal place of domicile" means a manager's true,
fixed and permanent home. In determining principal place of domicile,
the Mayor and the City Council may consider any and all records and
documents which identify or purport to identify a manager's residence
or which otherwise provide evidence of such residence.
(d)
Certification of residency.
(1)
Annually, on July 1, every manager subject to this section shall
file with the Human Resources Department a certificate on a form prescribed,
signed under the pains and penalties of perjury, stating such manager's
name and place of residence.
(2)
If upon certification of residency of a place not within the
City, or failure to file such certification within the time prescribed,
a hearing shall be held by the Mayor on such matter. Any manager subject
to such hearing shall receive notice at least 10 calendar days before
such hearing containing a general statement of its purpose and the
disciplinary action that may result.
(e)
Validity. In the event that this section shall be deemed to be in
conflict with a provision of any general or special law, the provision
of that general or special law shall govern and shall not defeat the
application of this section with respect to any manager not governed
by the law. Any action of a court of competent jurisdiction declaring
this section invalid with respect to any manager shall not be held
to apply to any other manager.
(f)
The Building Commissioner must establish a residence within 10 miles
of the perimeter of the City within 90 days of appointment.
[Ord. No. 1228, § I, 8-11-2020]
Every employee of the City shall be given an annual performance
review by their immediate supervisor.
[Ord. No. 1230, § I, 10-13-2020]
This section shall establish a policy for additional compensation
to specific City employees for bilingual proficiency.
Bilingual pay shall be paid to employees who hold positions
that require a substantial amount of bilingual and/or biliterate translation
contained in the essential duties of their position.
An essential duty is defined as a core function(s) of a position
that forms the basis for establishing the position. Compensation under
this policy is not available for positions that may use bilingual
skills on an incidental or occasional basis.
A list of designated positions shall be maintained by Human
Resources.
(a)
Demonstration of proficiency in the following languages shall be
eligible for compensation under this policy*:
(b)
Incumbents of positions designated under this policy may be required
to pass a verbal and/or written bilingual skills exam as a condition
of receiving this pay. The incumbent shall be required to provide
proof of continued proficiency every three years from the original
determination of proficiency. Bilingual pay will not be available
for any incumbent of a designated position unable to pass a verbal
and/or written bilingual skills exam.
Employees shall be eligible for compensation under this policy
upon hire and passing any required verbal and/or written bilingual
skills exam(s). Police officers and firefighters are not eligible
for pay under this policy and should refer to their respective collective
bargaining agreement for relevant pay provisions. Any collective bargaining
agreement that provides for a bilingual pay benefit will supersede
this policy.
Pay will be discontinued if the:
[Ord. No. 1259,
§ I, 4-11-2023]
(1)
Employee is reassigned to a different position or the functions
of the position no longer meet the essential duty requirement or any
other requirement for payment under this policy.
(2)
Employee voluntarily withdraws from the program.
(3)
Employee's usage of bilingual skills no longer satisfies
provisions of this policy.
Employees receiving bilingual pay are expected to translate
for employees who are not bilingual in the event such services are
needed, even if the employee needing assistance is not from the same
department, and perform related work as assigned by the department
head
(c)
Bilingual pay shall be awarded on a monthly basis in accordance with
the schedule indicated below:
[Ord. No. 1259,
§ I, 4-11-2023]
|
Pay schedule:
| |
|---|---|
|
Oral fluency
|
$175/month
|
|
Reading/written fluency
|
$175/month
|
|
Oral and written fluency
|
$225/month
|
Employees are not eligible for compensation for each
language they are fluent in. For example, if an employee is orally
fluent in both Spanish and Portuguese, they will be compensated $175/month,
not $350.
Bilingual pay shall be prorated when an employee is absent from
work for a period of 14 days or more. Bilingual pay resumes normally
upon the employee's return to work.
(d)
Procedures:
(1)
The request for bilingual designation from the Department Director
to the Human Resources Department must be accompanied by a written
justification of the need for the bilingual designation and description
of bilingual duties assigned. The request must include the location
and duties assigned to the position, and address the criteria stated
above. It may additionally be helpful to:
(2)
The Human Resources Department evaluates the bilingual position
designation justification provided by the Department and approves
or denies the request.
(3)
Departments may designate occupied positions as bilingual only
if the incumbent employee first passes a bilingual proficiency test.
(4)
Applicants or incumbents must initially pass a bilingual proficiency
test and provide proof of continued proficiency every three years.
(5)
Exceptions to Subsection (d)(4) may be made on a case-by-case
determination, and eligibility for pay may be granted to an employee
at the discretion of the Human Resources Director (for example, for
individuals who are native to the language and English is their second
language).
(6)
The Department may request that a bilingual designation be removed,
and must provide justification describing the reasons for the change
requested.
(e)
Administration. The Human Resources Department shall be responsible
for administering the Bilingual Pay Policy, including approval of
the bilingual position designations and proficiency testing and certification
approved vendors. Human Resources responsibilities shall also include
a periodic review and report on the number and location of positions
designated as bilingual, as well as languages deemed eligible for
compensation under this policy.
[Ord. No. 1228, § I, 8-11-2020]
There is hereby established a Department to be known as the
"Department of Human Resources," hereinafter sometimes referred to
in this article as the Department.
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall consist of a Director
of Human Resources, hereinafter sometimes referred to in this article
as the Director, who shall be the head of the Department, and such
other personnel for which provision may be made from time to time
hereafter.
[Ord. No. 1228, § I, 8-11-2020]
[Ord. No. 1228, § I, 8-11-2020]
In accordance with Article 3, Section 3-3 of the City Charter enacted by Chapter 72 of the Acts of 2013, the Director of Human Resources may be removed by the Mayor in their sole discretion.
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall study, develop, establish,
and coordinate uniform employment practices and procedures for all
Departments of the City, consistent with existing laws.
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall be consulted by and
shall make recommendations and render assistance to all other Departments
in the procurement of personnel.
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall study the classification,
assignment, and utilization of personnel in all other Departments
and shall make recommendations to such other Departments for such
changes which may be necessary to effect the proper classification
and assignment of personnel, and the full utilization thereof in such
duties which will permit the City to receive the maximum benefits
from the skills and capabilities of such personnel.
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall be consulted by, and
shall make recommendations and render assistance to, all other Departments
in connection with the promotion or upgrading of personnel, with particular
emphasis upon the establishment and enforcement of a uniform policy
or procedure which will ensure full opportunity to all qualified persons
already in the City's service to advance therein, consistent with
the existence of opportunities therefor and the law applicable thereto,
and commensurate with their capabilities.
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall furnish information
to all persons interested in civil service examinations; render assistance
to all other Departments in civil service matters; and perform liaison
duties between all other Departments and the Department of Civil Service
of the commonwealth.
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall study and recommend
any and all steps and measures necessary, consistent with public service
and insofar as reasonably possible, to establish and enforce substantially
uniform wages and substantially uniform standards for working hours
for similar positions, for vacations, for sick leave and absence without
loss in pay in emergencies and on other special occasions, and for
working conditions generally; to the end that there shall be no unnecessary
disparity or discrimination in such rights and privileges received
or enjoyed by like employees of the different Departments of the City.
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall discharge all duties
and functions incident to the administration of the workers' compensation
insurance for employees of the City, including the securing of information
from the various other Departments and the preparation and filing
of all reports, information, and data required by law with the insurer,
Department of Industrial Accidents and other persons or offices entitled
thereto. This section shall not authorize the Department of Human
Resources to purchase or contract for any insurance on behalf of the
City.
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall keep and maintain full
and complete personnel files and records on all officers and employees
of the City. Such Department shall make such files and records and
the information contained therein available to all other Departments
when necessary; it being the intention of this article that the establishment
and maintenance of such central personnel files shall eliminate the
necessity for their duplication in other Departments.
[Ord. No. 1228, § I, 8-11-2020]
All other Departments of the City shall, from time to time,
make such reports and furnish such information to the Department of
Human Resources as the latter shall require in the performance and
discharge of its duties and functions.
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall, from time to time,
make such reports and recommendations to other Departments as may
be necessary for the accomplishment of the purposes of this article;
and shall annually, in January, report to the City Council the transactions
of the Department during the preceding year, making such suggestions
and recommendations as may be necessary.
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall publish notice of upcoming
civil service tests in accordance with provisions as set forth by
M.G.L. Chapter 31 and the Human Resources Division of the Commonwealth.
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall be responsible for providing
the staffing and services for the Retired Senior Volunteer Program.
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall be responsible for providing
the staffing and services for the Council on Aging.
