City of Beverly, MA
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Beverly as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Boards, commissions, councils, committees and authorities — See Ch. 15.
Elective offices — See Ch. 58.
Officers and employees — See Ch. 26.
[Adopted as Art. XXVI of the Code of Ordinances]
[Amended 2-16-2016 by Ord. No. 013]
The failure of any officer of the City to qualify within 30 days from the service of the notice of his election or appointment shall be deemed to be a refusal to accept the office; and thereupon the vacancy shall be filled without delay in accordance with the City Charter.
Any person seeking full-time employment from the City must take a preemployment physical examination. Such examination shall be under the direction of a physician designated by the City's Director of Human Resources.
All City employees who enter the armed service of the United States shall be returned to the same or a similar position to that which they held at the time of their enlistment or induction, upon and after honorable discharge from the armed service. Continuity of service shall not be broken by service in the armed forces.
A. 
All full-time City employees, not otherwise covered by bargaining unit or individual employment contract, will have the following vacation scheduled:
[Amended 12-29-2005 by Ord. No. 289; 2-16-2016 by Ord. No. 013]
(1) 
For more than 30 weeks of service but less than five years, the employee shall receive 10 days of vacation.
(2) 
For five years or more of service but less than 10 years, the employee shall receive 15 days of vacation.
(3) 
For 10 years or more of service but less than 20 years, the employee shall receive 20 days of vacation.
(4) 
After 20 years of service, the employee shall receive 25 days of vacation.
(5) 
For employees defined as City officers in Chapter 1, § 1-1B, of the City Code, service time shall be cumulative but not consecutive.
B. 
On a seniority basis, employees shall receive two weeks of vacation by choice; beyond this, vacations shall be by mutual consent of the parties.
C. 
Should a holiday fall within an employee's vacation, he shall receive an additional day of vacation.
D. 
Upon termination of employment, the employee shall receive payment equal to the amount of vacation pay he would have received had the termination not occurred. If the termination is caused by death, such payment shall be made to the employee's spouse or next of kin.
[Amended 12-29-2005 by Ord. No. 289; 2-16-2016 by Ord. No. 013]
E. 
No employee shall be called back to work while on vacation.
F. 
Employees shall be allowed to carry over up to 10 vacation days from one year to the next; provided, however, that they may only carry these days forward for one year, and they must be used in the year following that from which they are carried over.
[Amended 6-15-1987 by Ord. No. 273; 2-16-2016 by Ord. No. 013; 3-7-2016 by Ord. No. 032]
A municipal employee may be reimbursed for the use of his/her personal vehicle on City business at the rate of $0.20 per mile, and this rate shall be adjusted annually on or about July 1 each year to equal the rate for state employees' use of their private vehicles. The documentation necessary to receive the reimbursement will be determined by the Finance Director-Auditor.
[Amended 6-20-1988 by Ord. No. 50]
Pursuant to MGL c. 41, § 108, all fees, charges or commissions allowed by law to any officer of the City shall be paid into the City treasury and belong to the City, and the City shall pay any such officer such compensation as the City Council shall determine.
[Adopted as Art. XXVII of the Code of Ordinances]
The adoption of this article shall neither reduce the salary or wage of any officer or employee of the City, nor shall anything relating to City officials or employees be construed in such manner as to be in conflict with the civil service rules or collective bargaining agreements. Any officer or employee who would have otherwise been entitled to higher pay by subsequent step increments under a prior pay ordinance than he is entitled to under this article shall receive the greater pay.
As used in this article, the following terms shall have the meanings indicated:
SICK LEAVE
That period of time for which a permanent full-time employee, other than an employee of the School Department, is entitled to receive compensation while unable to perform his duties because of sickness or injury not arising out of and in the course of his employment by the City.
A. 
Compensation for sickness or other disability shall be limited to two days for each month of service in the preceding 12 months, but not more than 20 days in any twelve-month period. Holidays and any other days not included in the normal workweek shall not be included in the computation of days allowed hereunder.
B. 
Sick leave credit will begin the first day of the month in which the employee is employed, but thereafter benefits hereunder shall be based upon continuous service since the date of original employment. If such service has not been continuous, such benefits shall be based upon continuous service since the last hiring date after the expiration of such 12 months of service or employment.
C. 
Any sick leave allowed under this section may be accumulated, but such accumulation shall not exceed 200 days at any time.
D. 
Upon retirement, employees will be paid 50% of the accrued sick days accrued as severance pay. If termination is by demise, 50% of the accrued sick leave shall be paid to the spouse, next of kin, to the employee's estate, or to the employee's legally designated beneficiary.
E. 
Each employee's sick leave credits shall be posted annually by January 15 of each calendar year.
F. 
For purposes of this section, a day's pay shall be computed as 1/5 of an employee's base pay per week, in grade.
G. 
If a conflict exists between any current collective bargaining agreement and this section, the provisions of the collective bargaining agreement will apply.
H. 
Notwithstanding Subsection D, any department head of the City who is initially appointed or hired or after January 1, 1989, shall not be eligible to receive or be paid accrued sick days as provided under Subsection D, nor will their spouse, next of kin, estate, or legally designated beneficiary be eligible for such severance pay.
[Amended 12-19-1988 by Ord. No. 659]
I. 
Conditions under which sick leave days shall not be granted. No person shall be entitled to any compensation or benefits under this article for any period of disability resulting in whole or in part from:
(1) 
The voluntary use of intoxicating liquor, drugs or narcotics.
(2) 
Self-inflicted injuries, other than accidental.
(3) 
Injuries sustained while engaged in, resulting from or arising out of the commission by him of a felony, or of a misdemeanor involving moral turpitude.
(4) 
Injuries sustained while engaged in, resulting from or arising out of the violation of any lawful rule or regulation of the department in which employed, or of the City or of the commonwealth.
(5) 
Injuries sustained as a result of reckless, improper or vicious conduct or illegal or immoral practices.
(6) 
Injuries or sickness arising while dually employed by the City and some other person or concern, unless ordered to or authorized by the head of the department.
A. 
Every employee, to be entitled to leave without loss of pay, shall notify his department head of his absence and the cause thereof before the expiration of the first hour of absence, or as soon thereafter as practicable.
B. 
When physician's certificate or written statement may be required; availability for examination. For periods of absence for five consecutive working days or more, the appointing authority or someone designated by him may require evidence for the necessity of such absence in the form of a physician's certificate or, if the cause of the absence is such as not to require the services of a physician, a written statement, signed by the employee, setting forth the reason for the absence. Where such certificate or statement is requested, the employee shall not be entitled to pay for his absence until such certificate or statement is filed. All City employees on sick leave shall be available at all times for examination by a physician designated by the City and at the request of the department head or the Mayor. Any employee not complying with the aforesaid shall be deemed ineligible for any further benefits.
[Amended 2-16-2016 by Ord. No. 013]
C. 
Fraudulently taking sick leave. Any person who feigns sickness, injury or disability or who makes a false statement relative thereto shall be subject to immediate suspension and, in any event, shall not be entitled to the benefits of this article for a period of one year after such finding.
[Amended 5-20-1996 by Ord. No. 186]
All employees with a confidential employee status, who due to that status are excluded from all labor unions pursuant to MGL c. 150E, § 3, shall receive the same cost-of-living raises negotiated by the union of which they would be entitled to be a member if not for their confidential employee status. Nothing in this section shall preclude said confidential employees from receiving merit raises as may be recommended by their supervisor and the Mayor and appropriated by the City Council from time to time. Said confidential employees shall be entitled to the same employee benefits enjoyed by all other employees under their union contracts, including but not limited to vacation pay, sick leave benefits, personal and funeral leave, longevity, health and welfare benefits, on-the-job injury and educational benefits.
[Added 12-5-2016 by Ord. No. 197A]
The compensation of the officer(s) mentioned in this section shall be at the following rates per annum, except as otherwise provided, payable in equal weekly payments:
A. 
Mayor:
(1) 
January 1, 2018: $105,000.
(2) 
January 1, 2019: $110,000.
(3) 
January 1, 2020: $115,000.
(4) 
January 1, 2021: $120,000.
B. 
School Committee:
(1) 
School Committee members: 1/2 of annual salary of City Council members.
(2) 
School Committee President: 1/2 of annual salary of City Council President.
C. 
Biannual review. The annual salaries of the Mayor, City Council, and School Committee shall be reviewed by the City Council in each even-numbered year.