[HISTORY: Adopted by the City Council of the City of Beverly
as indicated in article histories. Amendments noted where applicable.]
[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.
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.
G.
In order to address vacation leave issues arising from the COVID-19 pandemic, notwithstanding Subsection F, 1) the December 31, 2020, deadline for carry-over shall be extended to April 30, 2021, and 2) employees shall be allowed to carry over up to 12 vacation days through the remaining months of calendar 2021. This provision is applicable only to vacation carry-over from calendar year 2020.
[Added 11-23-2020 by Ord. No. 236]
[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:
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:
