[HISTORY: Adopted by the Town Meeting of the Town of Charlton 5-20-2019 by Art. 14.[1] Amendments noted where applicable.]
[1]
Editor's Note: This article also repealed former Ch. 220, Personnel Policies and Procedures, adopted by the Town Meeting as last amended May 2018.
The purpose of this bylaw is to establish a Charlton Human Resources Department and thereby to provide a system of Human Resources administration that is reasonably uniform, fair, and efficient for the mutual benefit of the citizens and the employees of the Town.
There shall be a Human Resources Department (HRD). The Human Resources Director (the Director), appointed by the Board of Selectmen on recommendation of the Town Administrator, shall be responsible for the administration of the HRD and the Human Resources Policies, including attendance at all meetings of the Personnel Board. The Human Resources Director shall be a Department Head and shall report to the Town Administrator.
The Town of Charlton Human Resources Department is intended to operate in a manner consistent with all applicable state, federal and local laws and so far as reasonably possible in accordance with merit principles widely recognized and followed by municipal corporations similar in size and nature to the Town of Charlton, which should include, but are not limited to:
A. 
Recruiting, selecting and advancing employees on the basis of their relative ability, knowledge and skills, including open consideration of qualified applicants for initial appointment;
B. 
Providing reasonably fair compensation for all employees, subject to other Town needs, Town Meeting appropriation and budgetary constraints;
C. 
Providing, where reasonably possible, training and development opportunities for employees in order to encourage and facilitate high quality performance and, where superior performance so warrants, advancement in Town employment;
D. 
Retaining employees on the basis of good performance, informing them of inadequate performance so that they may have an opportunity to improve, and separating employees whose inadequate performance is not timely and sufficiently corrected;
E. 
Treating all applicants and employees in a manner consistent with applicable nondiscrimination laws regardless of their political affiliation, race, color, age, national origin, religion, religious beliefs, disability, sexual orientation, marital status, gender, and gender identity or gender expression; and
F. 
Preventing coercion of employees for political purposes and from arbitrary and capricious actions.
All noncontractual Town departments and employees in those departments shall be subject to the provisions of this bylaw.
In the event of a conflict between the provisions of this bylaw and policies adopted hereunder and the provisions of any duly executed collective bargaining agreement, the provisions of the collective bargaining contract shall prevail, as and to the extent provided by MGL c. 150E, § 7(d).
A. 
There shall be a Personnel Board (the Board), comprised of five (5) residents of the Town, for three-year staggered terms, appointed by the Board of Selectmen. No elected official, no member of the Finance Committee, no member of any standing board or committee having charge of the expenditure of money, and no employee or retiree of the Town shall be appointed to the Board. Members shall serve without compensation.
B. 
The Board shall hold meetings at least once a month at such time as it may determine unless there is no current business before it. Additional meetings may be held at such times as the Board may determine. Annually, at its first meeting after the annual appointment process, the Board shall organize by electing a Chairman and a Secretary, who shall be members of the Board and shall hold office as such for one (1) year, or until their successors are appointed and qualified.
C. 
Members of the Personnel Board at the time of the adoption of this bylaw shall continue to be members of the Personnel Board for the duration of their term(s), and shall be eligible for reappointment.
D. 
Candidates for the Personnel Board must be qualified for such appointment by virtue of relevant and significant experience or training, including service as human resources executives; as labor or employment law lawyers; as business executives; or as human resources/employment or labor law academicians; or by equivalent qualifications, including previous experience as a Personnel Board member. The Board of Selectmen/Town Administrator shall provide sufficient staff assistance to the Board so that it can accomplish its tasks.
The Personnel Board shall:
A. 
Provide general policy recommendations for the Human Resources Department;
B. 
Subject to staffing levels established by the Board of Selectmen, advise as to the title or classification and pay grade of each new or changed position subject to this bylaw (such titles, classifications and pay grades to be established by the Director in conjunction with the Town Administrator, subject to approval of the Board of Selectmen), prior to Board of Selectmen final budget review and/or the effective date of any of the title/classification or pay grade changes;
C. 
Perform special studies or projects as requested by the Board of Selectmen;
D. 
Report at least annually to the Board of Selectmen regarding the Human Resources Department/practices and any recommended changes therein; and
E. 
Consider and recommend to the Board of Selectmen the adoption, modification and elimination of any particular Human Resources policy or policies.
The duties of the Human Resources Director shall include, but not be limited to the following: staff responsibility for negotiation and administration of labor contracts; recruitment and recommendations with respect to employment of employees; administration of sexual harassment and nondiscrimination policies, and similar, applicable policies, such as anti-bullying policies, if any such are enacted by the commonwealth or federal legislatures after adoption of this bylaw; liaison/administration as to group health/dental insurance or plans and life insurance; worker's compensation; safety; unemployment compensation; loss/risk control; employee training and evaluation; monitoring and administration of employee leave; other Human Resources Department matters and benefits; and any other duties assigned by the Town Administrator. The Human Resources Director shall work diligently and exercise vigilant oversight so as to ensure to the greatest extent reasonably possible that all Human Resources activities are conducted in accordance with current professional standards followed by municipal corporations similar in size and nature to the Town of Charlton.
A. 
The Director, in consultation with the Personnel Board and Town Administrator, shall prepare written policies to implement the provisions of this bylaw, which the Board of Selectmen may review and may adopt, revise, return to the Director and Personnel Board with suggestions for revision, or reject. The position held by each employee immediately prior to the time this bylaw becomes effective shall remain in its then classification and salary grade range, and the benefits of such position as of that time (as set forth in Article 4 of General Code Chapter 220, Personnel Policies and Procedures) which was then in effect, shall remain in effect until changed or abolished.
B. 
Copies of all such policies shall be filed and available in the Human Resources Office for review by the public and employees at reasonable times during normal business hours.
C. 
No such policy requiring the expenditure of Town funds not previously appropriated shall be implemented until and unless such funds have been appropriated by Town Meeting.
D. 
Any employee by written request to the Human Resources Director in conjunction with the Personnel Board may suggest adoption, modification, or rescission of a given policy. In such case, the Human Resources Director and the Personnel Board shall meet with the employee(s) to discuss the request.
A. 
A Position Classification and Pay Plan for all employees covered by this bylaw, and all proposed amendments to same, shall be prepared by the Human Resources Director and submitted to the Personnel Board and the Town Administrator for review and approval/recommendations. Once approved by the Personnel Board and Town Administrator the Town Administrator shall submit such Plan to the Board of Selectmen, which shall then review and adopt, revise, return to the Director, Personnel Board and Town Administrator with suggestions for revision, or reject same. The Plan shall be in written format, and copies shall be available in the Human Resources Office for review by the public and employees at reasonable times during normal business hours. Only job titles specified in the Classification and Pay Plan, or abbreviations approved by the Human Resources Director, shall be used for all official purposes.
B. 
The Classification and Pay Plan may be amended by additions, changes or deletions by the Human Resources Director with approval of the Personnel Board, the Town Administrator and the Board of Selectmen.
C. 
Neither the adoption nor revision of any provision of any such Classification and Pay Plan which requires expenditure of Town funds not previously appropriated shall be implemented until and unless such funds have been appropriated by Town Meeting, except in emergency cases with the approval of the Board of Selectmen and the Finance Committee to the extent they are authorized by law to approve same.
D. 
Any employee, by written request to the Director, may request a change to the Classification and Pay Plan. In such case the Director shall meet with the employee(s) to discuss the request and shall consult with the Town Administrator. The Human Resources Director shall advise the Personnel Board of all requests denied by the Director and the reasons therefor. The Personnel Board may request reconsideration if deemed appropriate. If as a result of same reconsideration is granted, the provisions above with respect to additions, changes or deletions of the Classification and Pay Plan shall control.
E. 
No person shall be newly appointed, promoted, employed or paid as an employee in any position subject to the provisions of this bylaw, except for short periods of emergency service, unless such position, on a case-by-case basis, has been reviewed by the Human Resources Director and a determination made that the position is properly classified and graded.
A. 
The following grievance procedure shall be available to employees of the Town for any grievance except a dispute that would properly be under the jurisdiction of the commonwealth's Civil Service Commission, Contributory Retirement Appeal Board or other duly established appeal board or agency, or any dispute falling under the terms of any collective bargaining agreement. As used in this section, the word "grievance" shall be construed to mean any dispute between an employee and the employee's supervisor arising out of an exercise of administrative discretion by such supervisor concerning the application of this bylaw or any policy promulgated hereunder. The time limits set forth below must be observed except in cases where it is impossible to do so, or where the parties mutually agree in writing to extend the time limits.
(1) 
Step I. The employee shall take up the grievance orally with his/her Department Head within fifteen (15) calendar days of when the employee knew or reasonably should have known of the act or omission giving rise to the grievance and shall discuss it informally with the Department Head in an attempt to resolve it. The Department Head shall reach a decision and communicate it in writing to the employee within seven (7) calendar days of the date of the submission of the grievance.
(2) 
Step II. If the grievance is not resolved at Step I, the employee shall within five (5) working days present the grievance in writing to the Town Administrator, who shall meet with the employee within ten (10) working days if possible, and if not possible then as soon as reasonably possible thereafter. At this meeting the following shall be present: the employee, one (1) representative of the employee if the employee so requests, the Department Head and the Human Resources Director, who shall also be the recorder. Within five (5) working days of the meeting, the Town Administrator shall issue a decision in writing to the employee with copies to the Human Resources Director and Department Head.
(3) 
Step III.
(a) 
If the grievance is not resolved at Step II, the Director shall transmit all records and facts in the case to the Town Administrator, who shall convey same to the Chair of the Board of Selectmen for adjudication by such Board after a hearing held in accordance with MGL c. 30A, the commonwealth's Open Meeting Law, and in open session unless the subject matter qualifies for executive session pursuant to MGL c. 30A, § 21. Those present at Step II shall appear at this hearing. The Human Resources Director shall be the recorder.
(b) 
Such hearing shall be held at the later of: within ten (10) working days of receipt of the grievance by the Board at a meeting thereof, or at the next regular meeting of the Board where the agenda and time so allow. The Board shall render its decision within ten (10) working days of conclusion of the hearing and shall notify the employee, Town Administrator, Director of Human Resources and Department Head of its decision in writing within five (5) working days thereafter. "Working days" for purposes of this bylaw shall include only Mondays, Tuesdays, Wednesdays and Thursdays, and shall exclude any legal holiday recognized by the commonwealth following on any such day.
(c) 
The decision of the Board shall be final. Any employee grievance with respect to an exercise of administrative discretion by the Town Administrator may be commenced at Step III within 15 calendar days of when the employee knew or reasonably should have known of the act or omission giving rise to the grievance, and the Board of Selectmen shall process such grievance within the timelines set forth in Subsection A(3)(b).
B. 
No resolution of a grievance shall require an expenditure of money in excess of appropriation by Town Meeting.
This bylaw may be unilaterally amended, revoked or superseded at any time by any Charlton Town Meeting. Neither any provision of this bylaw, nor of any policy, rule or regulation promulgated hereunder, shall be deemed to vest in any individual any contractual right or remedy. And nor shall any of the foregoing vest in any individual any cause of action or affect any applicable statute of limitations or statute of repose.