[HISTORY: Adopted by the Annual Town Meeting of the Town
of Marshfield 4-22-2013 by Art.
8 (Art. 92 of the General Bylaws). Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 170.
A.
Pursuant to the authority contained in MGL c. 41, §§ 108A
and 108C, there shall be established plans which may be amended from
time to time by vote of the Town at a Town Meeting:
(1)
Classifying positions in the service of the Town, other than those
filled by popular election, those under the direction and control
of the School Committee, those employees covered by a collective bargaining
agreement, and certain positions for which the compensation is on
a fee basis or the incumbents of which render intermittent or casual
service, into groups and classes doing substantially similar work
or having substantially equal responsibilities;
[Amended 4-24-2017 ATM
by Art. 10]
(2)
Authorizing a compensation plan for positions in the classification
plan; and
(3)
Providing for the administration of said classification and compensation
plans.
B.
Nothing in any of the Town of Marshfield's personnel rules, policies,
procedures or other documents relating to employment with the Town
of Marshfield ("the Town") creates any express or implied contract
or guarantee of continued employment for a specific term. No past
practices or procedures, whether oral or written, form any express
or implied agreement or contract to continue such practices or procedures.
No promises or assurances, whether written or oral, which are contrary
to or inconsistent with the limitations set forth in this subsection
create any contract of employment unless:
C.
The Town, acting exclusively through the Town Administrator, reserves
the right to add, change or discontinue any aspect of its personnel
policies and benefit programs and to revise or modify provisions of
this bylaw with proper notice provided to the Town's collective bargaining
groups.
D.
Conflicting provisions contained in collective bargaining agreements,
to the extent required by law, shall supersede these policies. Where
collective bargaining agreements are silent, these policies and regulations
may be applied. If there is a conflict between language in the Employee
Personnel Bylaw and language in an official plan document (such as
the group health insurance policy) the official plan document governs.
E.
Subject to the Town Administrator's review and approval, departmental
regulations that establish standards of performance, employee conduct,
or action shall continue to be applicable. Employees of the Town that
are not otherwise covered by a collective bargaining agreement, employment
agreement, or state civil service statutes are at-will employees.
Either party may terminate the employment relationship at any time
with good cause, with or without notice. The term "cause" shall include
but not be limited to the following: incapacity other than temporary
illness, inefficiency, insubordination and conduct unbecoming the
office.
F.
This bylaw is intended to be in accordance with all applicable state
and federal laws. In the event that these policies are inconsistent
with the applicable state or federal law, the applicable law shall
apply.
A.
The membership of the Personnel Board (hereafter "the Board") shall
be appointed by the Select Board per the Town Charter and subject
to MGL c. 268A as follows: one member to be appointed to serve for
one year, two members to be appointed to serve for two years, and
two members to serve three years. At the expiration of each term of
office, appointments or reappointments thereafter shall be made in
the same manner for terms of three years. Each term of office shall
expire on June 30. In the event of a vacancy occurring in the membership
of the Personnel Board, the position shall be filled within 30 days
in the same manner and by the same authority as in the original method
of selection and for the remainder of such unexpired term of office.
The members of the Personnel Board shall not be employees or elected
officials of the Town. It is preferred that members of the Personnel
Board have a background in human resources, public administration
or a related field. The Board shall elect a Chairperson from its membership
who shall have the power to call meetings and who shall preside over
such meetings. Any three members shall constitute a quorum for transaction
of business. A majority vote of such a Board shall prevail unless
there is a bare quorum, in which event there must be a unanimous vote.
[Amended 4-24-2017 ATM
by Art. 10; 10-18-2021 STM by Art. 32]
B.
The Board is responsible for the review and recommendations of changes
to the Town's Personnel Bylaw and the establishment of polices pertaining
to the provision of human resource services to employees covered by
the provisions of this bylaw subject to the approval of Town Meeting.
A.
General scope. This section shall apply to all employees in the service
of the Town of Marshfield, unless covered by individually negotiated
employment agreements or collectively bargained contracts in accordance
with MGL c. 41, § 108N, between the Town and certain employees.
It is the policy of the Town to develop and maintain a compensation
plan that is competitive with the marketplace enabling the Town to
recruit and retain a quality workforce. External salary data is collected
by the Town Administrator or designee on a regular basis at least
every three years from comparable communities as determined from the
geographical recruitment area as well as operational and demographic
criteria on a position-by-position basis. The Town may make changes
to the salary ranges for each grade level as it deems necessary in
order to maintain competitiveness with the marketplace.
B.
Administration. The Town Administrator or his/her qualified designee
shall be responsible for the administration of the classification
and compensation plan.
C.
Job descriptions. The Town Administrator shall maintain written descriptions
of the jobs or positions in the plan describing the essential characteristics,
requirements and general duties. The descriptions shall not be interpreted
as either complete or restrictive and employees shall continue to
perform any duties assigned by an employee's superior(s).
D.
Salary and wage review. The Town Administrator shall, from time to
time not to exceed three years, review the wage and salary schedules
of all positions subject to the plan in order to keep informed as
to pay rates and policies outside the service of the Town, and be
in a position to recommend to the Town any action deemed desirable
to maintain a fair and equitable (competitive) pay level.
E.
Job description review. The Town Administrator shall review the duties
of all employees subject to the classification plan on a regular basis.
The Town Administrator upon receipt of substantiating data may add
a new position tentatively to the classification schedule, or reclassify
an existing position to a different group, subject to the subsequent
ratification of this action by formal amendment of this bylaw by approval
of Town Meeting.
F.
New classifications. The Town Administrator shall establish the classification
schedule for all newly created positions in accordance with the classification
and compensation plan, as approved at a Special or Annual Town Meeting.
G.
Reports. The Town Administrator shall, when deemed necessary, in
advance of each Annual Town Meeting at which recommendations of the
Board will be considered, prepare a printed report for the information
of Town Meeting and Town employees. The Town Administrator shall make
an annual report in writing to the Select Board on or before January
15 of each year.
[Amended 10-18-2021 STM by Art. 32]
A.
The title of each position in the classification plan shall be the
official title for all positions and shall be used to designate the
position in all Town payrolls, budget estimates and official records
and reports, and in every connection involving personnel and fiscal
processes, but any abbreviation or code symbol approved by the Town
Administrator may be used in lieu of the title to designate the classification
in any such connection.
B.
Position titles shall be interpreted to be descriptive only and not
restrictive. They shall be construed solely as a means of distinguishing
one position from another and not as prescribing what the duties or
responsibilities of any position shall be, or as modifying, or in
any way affecting, the power of any administrative authority, as otherwise
existing, to appoint, to assign duties to, or to direct and control
the work of any employee under the jurisdiction of such authority.
A.
The Town Administrator shall keep such employment records of all
employees of the Town, including the name, age, date of employment,
classification, department in which employed, and other information
as the Town shall deem necessary. Department heads shall furnish such
information as shall be requested for this purpose.
B.
The official employee personnel files are kept in the office of the
Select Board and shall be the official employee personnel files of
the Town of Marshfield and shall include all original documentation
pertaining to each employee in accordance with applicable state and/or
federal regulations. Department heads may maintain files supporting
departmental actions. In accordance with the state's Public Records
Law,[1] official employee personnel files are confidential records
that are accessible by the Town Administrator, and are not available
for public inspection or copying.
[Amended 4-24-2017 ATM
by Art. 10; 10-18-2021 STM by Art. 32]
[1]
Editor's Note: See MGL c. 66.
C.
Current and/or former Town employees have the right to examine their
own personnel files and may, upon written request submitted to the
office of the Town Administrator, receive a copy of any records contained
in their personnel file. No personnel files may be taken out of the
Town Administrator's office without the approval of the Town Administrator.
D.
The personnel records include all original information pertinent
to an employee's employment with the Town including the employment
application, payroll deductions, performance appraisals, leave records,
special commendations, disciplinary actions, education and training
certificates and employee personnel action form. Employee medical
records will be kept separate from all other personnel file information.
It is the responsibility of employees to inform their department head
of changes in name, address, telephone number, marital status and
person(s) to be notified in the event of an emergency and to notify
the Town Administrator's office and the Treasurer/Collector's office
of changes to an employee's personal status to ensure proper insurance
coverage.
E.
In accordance with MGL c. 149, § 52C, as amended, the Town
will notify an employee within 10 days of placing information in an
employee's personnel record that is, has been or may be used to negatively
affect an employee's qualification for employment, promotion, transfer,
or additional compensation or subject (the employee) to disciplinary
action.
[Amended 4-24-2017 ATM
by Art. 10]
[Amended 4-24-2017 ATM
by Art. 10]
Compensation adjustments provided for in this bylaw shall be
subject to the availability of funds as appropriated by Town Meeting.
[Amended 4-24-2017 ATM
by Art. 10]
No provisions that are contained in this Personnel Bylaw shall
be construed to be in conflict with MGL c. 31.
These bylaws shall take effect upon adoption by the Town at
the Annual Town Meeting.
A.
Development of the classification plan. It is the policy of the Town
to classify positions based on the application of a position rating
system that consists of a set of universal position rating criteria.
[Amended 4-24-2017 ATM
by Art. 10]
B.
Annual salary plan adjustments. Annual salary plan guidelines are
used to administer individual salaries throughout the fiscal year.
Based upon external market data, budget parameters, and the Town's
ability to pay, funds are provided for employee compensation purposes
throughout the year. It is the general policy of the Town of Marshfield
to make salary adjustments at the beginning of each fiscal year as
well as during the fiscal year based on an employee's years of service
in a position as well as merit. An employee's movement or growth within
a salary range is not and should not be considered an automatic natural
progression.
C.
Maintenance of the compensation plan. The Town Administrator is responsible
for overseeing the administration of the Town's wage and compensation
plan(s) after adoption by the Annual Town Meeting. The Town Administrator
may correct individual discrepancies in salaries in compliance with
the classification and compensation plan.
D.
Salary adjustments.
(1)
Starting salary; salary ranges.
[Amended 10-27-2014 STM
by Art. 3]
(a)
Starting salary. It is the policy of the Town of Marshfield to hire new employees between the minimum and mid-point "hiring range" of a salary range in each classification level as described in § 188-11, Schedule A of the Personnel Bylaw. All employees are to be paid within the salary range in each classification level.
[1]
It is understood that the Town reserves the right to hire a new employee
above the "hiring range" based on the qualifications of an employee
as well as the market conditions.
[2]
Employees are eligible for annual step increases within the hiring
range within each grade level subject to the appropriation of funds.
An employee's progression above the fourth step in each grade level
is not automatic, but is based on both an employee's performance and
years of service in a position.
(b)
Salary ranges. It is the policy of the Town of Marshfield to establish
and maintain salary ranges that are competitive within the marketplace
on a position-by-position basis. Each salary range is developed in
a defined, consistent manner as follows:
(2)
Promotion.
(a)
An employee may be promoted in two ways:
[1]
Organizational promotion. An employee may be appointed to a
different position that is classified in a higher pay band than the
position is currently assigned; or
[2]
Job revaluation/reclassification. Duties and responsibilities
of an employee's job may be expanded and, as a result, the position
requires an employee to have additional knowledge, skill, and/or ability,
etc. Based on the application of the Town's position rating system,
the position is assigned a new classification level. An employee whose
position has been assigned to a higher salary range should be treated
as having received a promotion at the next common review date.
(b)
A promotional increase for a regular, full-time employee should
advance an employee to a pay rate in the new salary range that exceeds
an employee's current rate of pay by at least 3%. Factors such as
length of service and budget considerations may affect the amount
of compensation.
(3)
Step increase. If an employee is eligible for a step increase, he
or she shall be paid annually and on the anniversary date of appointment
to a position. It is understood that step increases are not automatic
but are subject to merit, years of service in a position and the appropriation
of funds by Town Meeting.
(4)
Temporary promotion. Employees filling in for a senior person for
a period of time greater than two weeks may receive special pay consideration
during or after the completion of the assignment. In such instances,
consideration should be given to the length of the assignment, level
of performance, and job level of the more senior person.
(5)
Demotion. A demotion takes place when a position is permanently reclassified
or an employee is assigned to a position in a lower pay band. This
action may be either voluntary or involuntary. An individual's salary
may or may not be reduced upon demotion or reduction in job classification
at the discretion of the Town. An employee's position in the new salary
range will affect future salary increases.
(6)
Merit compensation.
(a)
It is the responsibility of the Town Administrator to develop
and implement an employee performance management system for department
heads that is uniformly applied to those employees covered by this
bylaw throughout the organization.
(b)
Consideration for merit salary increases will be given at least
once each year subject to the availability of funds. To be eligible
for a merit increase, an employee must have been actively working
for the Town (in an active pay status) for at least 30 of the 52 weeks
of the relevant performance review cycle. Merit increases are calculated
using the annual employee's salary in effect immediately preceding
the effective date of the merit increase. Merit increases are directly
linked to the employee's overall performance, provided that the employee's
current salary does not exceed the maximum of the position's salary
range.
(c)
Merit performance reviews ensure that eligible employees are
considered for merit pay increases but does not guarantee that an
individual employee will receive an increase. A merit increase is
a salary increase earned by an employee whose performance has met
or exceeded the requirements of the position. An employee who receives
an overall performance rating of unsatisfactory is not eligible for
a salary increase until the level of performance is improved.
(d)
Notwithstanding anything contained herein, employees at Step
4 at their respective grades shall be eligible for additional compensation
subject to appropriation with 50% of increase based on merit and 50%
based on years of service.
[Added 10-27-2014 STM
by Art. 3]
(7)
Managing performance. It is the policy of the Town of Marshfield
to compensate employees based on an employee's years of service in
a position and performance. It is the principal responsibility of
the Town Administrator to manage the performance evaluation process
in accordance with the performance management guidelines and performance
management cycle as approved by the Select Board.
[Amended 10-18-2021 STM by Art. 32]
(8)
Payment at a listed grade. All employees shall be paid at a wage within the minimum-maximum salary range for the grade level established for each position in accordance with the classification schedule in § 188-11 of this bylaw.
(9)
Pay period/paydays. Normally employees are paid weekly (or biweekly),
with the payroll period ending on Saturday and checks available on
Friday. In the event that a payday occurs on a holiday, payroll checks
will be distributed on the nearest preceding workday. Existing employees
may elect to have paychecks deposited by the Town through the ACH
system directly to their personal account(s). All new employees hired
by the Town shall be required to participate in the Town's payroll
direct deposit program.
[Amended 4-24-2017 ATM
by Art. 10]
(10)
Introductory hiring period. All new employees must serve an
introductory hiring period of nine months' duration. An employee may
be terminated by the Town during the introductory hiring period or
at any time with or without cause, with or without notice.
[Amended 4-24-2017 ATM
by Art. 10]
(11)
Payroll deductions. Mandatory payroll deductions are made depending
upon the number of exemptions claimed for federal and state income
taxes and retirement contributions. Optional payroll deductions are
made based on employee authorization for health insurance, life insurance,
dental insurance, deferred compensation, and for other contributions
consistent with the law and as approved by Town Meeting. Pursuant
to the applicable federal or state law or court-ordered wage assignments,
the Town may be obliged to retain and pay over to a third party a
portion of an employee's earnings.
(12)
Section 125 plan. The Town offers a pre-tax program for employees
who work 20 hours or more which excludes from federal income tax purposes
expenses for medical, child care or dependent care.
(13)
Unemployment compensation. Commonwealth of Massachusetts law
requires the Town to reimburse the State of Massachusetts for unemployment
benefits paid to former employees of the Town. It is the responsibility
of individuals to file claims with the State Division of Employment
and Training. The Town reserves the right to contest claims for unemployment
compensation.
(14)
Workers' compensation. To preserve rights under the law, an
employee must notify his or her department head immediately or as
soon as possible if involved in an on-the-job accident that results
in personal injury. Employees injured on the job are protected against
loss of income and medical expenses by provisions of the Massachusetts
Workers' Compensation Act.[1] Employees receiving workers' compensation benefits may,
upon request, receive vacation, sick or personal leave accrued at
the time of injury to supplement workers' compensation benefits up
to the amount of base wages the employee received each week before
the injury occurred.
[1]
Editor's Note: See MGL c. 152.
(15)
Retirement system. As a condition of employment, all permanent
employees who are regularly scheduled to work and earn more than $5,000
annually are required to join the Plymouth County Retirement System.
Retirement applications must be made by an employee in accordance
with the rules and regulations of the Plymouth County Retirement System.
(16)
Death benefit. Upon the death of a Town employee who is on the
Town's payroll, his or her estate or designated beneficiary is eligible
to receive accrued vacation and/or sick leave, in accordance with
the provisions of this bylaw.
A.
It shall be Town policy to amend the provisions of the Personnel
Bylaw and classification plan at either a Special or Annual Town Meeting.
B.
The Select Board may, from time to time of its own motion, hold a
hearing to consider any proposed amendment to this bylaw. In the event
said proposed amendment is supported by an affirmative vote of a majority
of the members, the Board shall proceed according to the preceding
subsection to insert an article in the warrant and to report its recommendations
to the Advisory Board.
[Amended 10-18-2021 STM by Art. 32]
The following schedules constitute the classification and compensation
plans of the Town.
|
Schedule A
General Government Positions
[Amended 11-4-2013 STM
by Art. 10; 10-27-2014 STM by
Art. 3; 4-27-2015 ATM by Art.
9; 4-25-2016 ATM by Art. 9; 4-24-2017 ATM by Art. 10; 10-19-2020 STM by Art. 6; 10-18-2021 STM
by Art. 3] | |
|---|---|
|
Assistant Animal Control Officer
|
6
|
|
Confidential Administrative Assistant (MFD and MPD)
|
11
|
|
Assistant Veterans Agent
|
10
|
|
COA Van Driver
|
5
|
|
Officer Manager
|
13
|
|
Benefits Manager
|
10
|
|
Benefits Manager
|
8
|
|
Project Coordinator for Volunteers
|
9
|
|
COA Social Services Coordinator
|
9
|
|
Beach Administrator
|
9
|
|
Project Engineer
|
14
|
|
Assessor/Appraiser
|
15
|
|
Council on Aging Director
|
14
|
|
Assistant Director COA
|
10
|
|
Library Director
|
15
|
|
Town Planner
|
15
|
|
Town Engineer
|
14
|
|
Senior Engineer
|
15
|
|
Administrative Assistant
|
12
|
|
Human Resources Director
|
14
|
|
Assistant Facility Manager
|
13
|
|
Deputy Superintendent
|
15
|
|
Schedule A
Compensation Plan
FY2022
[Amended 10-27-2014 STM
by Art. 3; 4-25-2016 STM by Art.
15; 10-19-2020 STM by Art.
5; 10-18-2021 STM by Art. 2] | ||||
|---|---|---|---|---|
|
Annual
Grade
|
Step 1
|
Step 2
|
Step 3
|
Step 4
|
|
4
|
$32,931.48
|
$34,247.37
|
$35,613.72
|
$37,036.69
|
|
5
|
$36,326.44
|
$37,776.48
|
$39,289.31
|
$40,848.92
|
|
6
|
$40,072.20
|
$41,672.43
|
$43,342.82
|
$45,077.22
|
|
7
|
$44,202.02
|
$45,962.26
|
$47,808.68
|
$49,716.65
|
|
8
|
$48,745.43
|
$50,703.87
|
$52,726.31
|
$54,833.69
|
|
9
|
$54,833.69
|
$55,921.85
|
$58,155.31
|
$60,490.71
|
|
10
|
$59,325.42
|
$61,690.06
|
$64,163.03
|
$66,722.15
|
|
11
|
$65,435.82
|
$68,051.58
|
$70,760.89
|
$73,595.75
|
|
12
|
$72,181.41
|
$75,060.59
|
$78,057.93
|
$81,190.69
|
|
13
|
$79,403.36
|
$82,561.97
|
$85,865.83
|
$89,311.24
|
|
14
|
$87,014.29
|
$90,492.95
|
$94,104.54
|
$97,863.84
|
|
15
|
$95,710.93
|
$99,537.93
|
$103,515.12
|
$107,652.32
|
|
16
|
$104,324.91
|
$108,496.35
|
$112,831.48
|
$117,341.03
|
|
17
|
$113,714.16
|
$118,261.02
|
$122,986.31
|
$127,901.72
|
|
Schedule B
Part-Time and Seasonal Positions
| |
|---|---|
|
Animal Inspector
[Amended 4-25-2016 ATM
by Art. 9] |
$2,500 per year
|
|
Assistant Animal Control Officer
[Amended 4-25-2016 ATM
by Art. 9] |
$11 to $18 per hour
|
|
Senior/First Assistant Harbormaster
[Amended 4-25-2016 ATM
by Art. 9] |
$15 to $20 per hour
|
|
Assistant Harbormaster
[Amended 4-25-2016 ATM
by Art. 9] |
$10 to $18 per hour
|
|
Assistant Shellfish Officer
|
$6 to $7 per hour
|
|
Lifeguard
|
$9.50 to $12 per hour; $0.25 increase per year returning
|
|
Beach Attendant
|
$8.50 to $11.50 per hour; $0.25 increase per year returning
|
|
Beach Supervisor
|
$11 to $16 per hour; $0.25 increase per year returning
|
|
Call Firefighter
|
$1,000 per year
|
|
Clerical Assistant (COA)
|
$12 to $19 per hour
|
|
Custodian (COA)
|
$16 to $19 per hour
|
|
Intern
[Amended 4-24-2017 ATM
by Art. 10] |
$10 to $15 per hour
|
|
Kitchen/Activities Assistant (COA)
|
$9 to $12 per hour
|
|
Police Patrolman (intermittent)
[Amended 4-25-2016 ATM
by Art. 9] |
$15 to $20 per hour
|
|
Police Matron
[Amended 4-25-2016 ATM
by Art. 9] |
$12.50 to $15 per hour (3 hour minimum)
|
|
Program/Activities Coordinator (COA)
|
$13 to $19 per hour
|
|
Recreation Site Coordinator
|
$14 to $24 per hour
|
|
Recreation Group Leader
|
$8 to $14 per hour
|
|
Recreation Assistant Leader
|
$8 to $9.50 per hour
|
|
Recreation Nurse
|
$25 to $26 per hour
|
|
Recreation Lead Teacher
|
$17 to $22 per hour
|
|
Recreation Sports and Playground Instructor
|
$8 to $11.50 per hour
|
|
Recreation After School Sports Instructor
|
$26 per hour
|
|
Sealer of Weights and Measures
|
$5,000 per year
|
|
Wiring Inspector
|
Grade 8
|
|
Plumbing Inspector
|
Grade 8
|
A.
It is the policy of the Town of Marshfield that all work be accomplished within the normal workday. On occasion, the Town may determine that overtime is necessary to complete the assigned work beyond the normal workday. Each position authorized as listed in § 188-11 of this bylaw shall be designated as exempt or non-exempt from the payment of overtime in accordance with the provisions of the Fair Labor Standards Act (FLSA). Vacation days, sick days, and holidays are counted as time worked in the computation of overtime. For further details, please see the FLSA Guidelines in the Addendum Section of this bylaw.[1]
[1]
Editor's Note: The addendum is on file at the office of the
Town Administrator.
B.
All overtime work must be authorized by the Town Administrator in
advance of said employee being required to work beyond the normal
workday. A non-exempt employee shall receive a rate of pay for hours
worked beyond 40 hours per work week that is equal to 1 1/2 times
an employee's normal rate of pay. Documentation of overtime work shall
be submitted by the employee's department head to the Treasurer/Collector.
Exempt employees may receive compensation in the form of compensatory
time off for work required beyond 40 hours in a work week. An employee
is required to take compensatory time off by the end of the fiscal
year in which time is earned.
[Amended 4-24-2017 ATM
by Art. 10]
C.
Exempt positions under the Fair Labor Standards Act (FLSA) are not
eligible for overtime compensation. These positions are expected to
work the hours necessary to complete their respective duties.
[Amended 4-24-2017 ATM
by Art. 10]
D.
Non-exempt positions shall be paid overtime for work in excess of
40 hours in a work week in accordance with the provisions of the Fair
Labor Standards Act (FLSA).
|
Years of Service Completed
|
Earned Longevity Pay
|
|---|---|
|
Employed upon completion of 5 years
|
$100
|
|
Employed 5 years up to 19 years
|
$20 for each additional year
|
|
Employed 20 years
|
$500
|
|
Employed more than 20 years
|
$100 for each additional year
|
|
This sum is to be paid annually within one month of the employee's
date of hire. Full-time employees are eligible for longevity. Part-time
employees that work the full year (52 weeks) are eligible for longevity
on a pro rata basis.
| |
A.
The following 12.5 days or dates, as proclaimed by the Governor or
the General Court of the commonwealth, shall be recognized as legal
holidays within the meaning of this bylaw on which days employees
shall be excused from all duty not required to maintain essential
Town services:
|
New Year's Day
| |
|
Martin Luther King's Birthday
| |
|
Presidents' Day
[Amended 4-24-2017 ATM
by Art. 10] | |
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Patriots Day
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Memorial Day
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Independence Day
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Labor Day
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Columbus Day
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Veterans' Day
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Thanksgiving Day
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Friday after Thanksgiving
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Christmas Day
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Half day before Christmas (taken on the working day prior to
Christmas holiday)
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B.
Every employee in full-time or continuous part-time employment shall
be entitled to these designated holidays on the following terms:
(1)
If paid on an hourly basis, an employee shall receive one day's pay
at his or her regular rate based on the number of hours regularly
worked on the day on which the designated holiday occurs.
(2)
If paid on a weekly, semi-monthly or annual basis, he or she shall
be granted each designated holiday without loss in pay which he or
she would have received if worked.
C.
Payment under the provisions of this section shall be made provided
the eligible employee shall have worked on the last regularly scheduled
working day prior to and the next regularly scheduled working day
following such holiday, or was in full pay status on such preceding
and following days in accordance with other provisions of this bylaw.
E.
An employee may be granted compensatory time off at the discretion
of the department head in lieu of payment for holidays.
A.
A regular full-time employee in continuous service shall be granted
vacation days with pay on the following basis. Part-time employees
who work the full year (52 weeks) are eligible for vacation leave
on a pro rata basis.
[Amended 4-24-2017 ATM
by Art. 10]
|
Years of Service Completed
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Earned Vacation Time
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|---|---|---|
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Employed 6 months through 1 year
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5 days
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Employed 1 year through 4 years
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10 days
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Employed 5 years
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15 days
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Employed 10 years
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20 days
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Employed 20 years
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25 days
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B.
Vacations provided under Subsection A shall be requested by employees in advance and scheduled at the discretion of the department head at such a time that will cause the least interference with the performance of the regular work.
C.
On an employee's fifth, 10th, and 20th anniversary he/she will be
entitled to a third, fourth, or fifth week (whichever is applicable)
of vacation, but only if said anniversary is between July 1 and December
31; otherwise, not until the following July 1 will the employee be
entitled to the third, fourth, or fifth week.
D.
Employees may bank up to two weeks of their earned vacation and use
it the following fiscal year with prior written approval of the Town
Administrator.
E.
Employees who are eligible for vacation under these rules who resign,
retire voluntarily or enter into the armed forces who give two weeks'
notice of their intention to resign/retire or enter the armed forces
shall be paid an amount equal to the vacation allowance as earned
as of the date of resignation/retirement and not granted in the vacation
year prior to such dismissal, resignation with notice, retirement
or entrance into the armed forces. In addition, payment shall be made
for that portion of vacation allowance earned in the vacation year
during which such dismissal, resignation with notice, retirement,
or entrance into the armed forces occurred up to the time of an employee's
separation from the payroll, said allowance to be one day for each
full month of continuous service completed subsequent to July 1.
F.
Absences on account of sickness in excess of that authorized under
the rules therefor or for personal reasons as provided for elsewhere
may, at the discretion of the department head, be charged to vacation
leave.
G.
An employee shall be granted an additional day of vacation if, while
on vacation leave, a designated holiday occurs which falls on or is
legally observed in accordance with his or her regularly scheduled
work week.
H.
Vacation allowances provided under the terms of this section will
be calculated on a twelve-month period commencing on July 1 and ending
on June 30 and these allowances must be taken in the twelve-month
period that immediately follows. In unusual circumstances, exceptions
may be granted by a department head. Such vacation shall attempt to
be granted by the department head that will cause the least interference
with the performance of the regular work of the Town.
I.
An employee shall not be allowed to work during his or her vacation
leave and be compensated with extra pay without the written approval
of the Town Administrator.
J.
The Town Administrator may approve up to 15 days of vacation leave for persons hired in positions listed under Schedule A, General Government. The determination for this vacation benefit shall be made at the time the person is hired. The appointing authority shall send a written notice of such determination to the Town Accountant and to the Personnel Board. The future accrual of vacation time shall be in accordance with the schedule as described in Subsection A of this section.
A.
An employee in continuous employment who has completed at least 30
weeks of service following his or her date of hire shall be allowed
12 days' leave with pay each calendar year or one day for each month
thereof, if in any fiscal year an employee's employment is less than
30 weeks, provided such leave is caused by sickness or injury or by
exposure to contagious disease.
B.
An employee in continuous employment shall be credited with the unused portion of leave granted under Subsection A up to 150 days.
C.
An employee with five years of continuous service may, if absent due to a prolonged illness or injury, borrow additional sick leave in an amount equal to that which had been accrued at the outset of the calendar year up to an aggregate total of 120 days. If the amount of sick leave credit provided by the foregoing is about to be exhausted, an employee may make application to the Town Administrator for borrowing additional sick leave time. Such application shall be made to the Town Administrator who is authorized to grant such additional allowance as he or she may determine to be equitable after reviewing all circumstances, including the employee's attendance and performance record prior to conditions supporting a request for the additional allowance. Borrowed leave shall be repaid to the Town at a minimum of 1/2 the rate of accrual outlined in Subsection A.
D.
Sick leave shall be granted to all non-exempt employees following
original hire date accrued at the rate of one day for each month.
Sick leave shall accumulate to a maximum of 150 days of sick leave
eligibility.
(1)
All full-time employees with five years full-time continuous service
and 50 accumulative sick days will be eligible for the following:
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0 sick days used
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$300
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1 sick day used
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$250
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2 sick days used
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$200
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3 sick days used
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$150
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(2)
Sick leave will be determined from July 1 to June 30 and paid the
following fiscal year.
E.
Sick leave must be authorized by the department head and must be
reported on the Town's payroll forms.
F.
The Town may require a physician's certificate of illness to be submitted
by the employee at any time to his or her department head before leave
is granted under the provisions of this section. The certificate shall
be forwarded to the Town Administrator forthwith upon request.
G.
The Town Administrator may require a medical examination of any employee
who reports his or her inability to report for duty because of illness.
This examination shall be at the expense of the Town by a physician
appointed by the Town.
H.
Any employee hired by the Town prior to January 1, 1983, shall be
compensated in cash for all unused sick leave up to a maximum of 150
days when he or she is permanently separated from employment as a
result of retirement under the terms of the Plymouth County Retirement
Plan, or death. In the event of death, payment is made to the estate
of the employee. Payment shall be made for 100% of the accumulated
unused sick leave in the employee's account as of June 30, 1984, and
for 50% of the accumulated unused sick leave after that up to the
maximum 150 days.
Leave up to three days with pay may be allowed in the event
of death in an employee's immediate family (wife, husband, mother,
father, child, brother, sister, mother-in-law, father-in-law, and
grandparents, grandchild, aunt, uncle, brother-in-law, and sister-in-law,
stepparent, stepsister or stepbrother).
[Amended 4-24-2017 ATM
by Art. 10]
The Town of Marshfield recognizes the patriotic service rendered
by many employees who belong to military reserve units. Therefore,
military leave will be granted to employees in accordance with the
provisions of state and/or federal law. Employees are required to
provide the Town Administrator with written notice of any leave upon
learning of any leave assignment. Upon being released from service
with the armed forces, such employee shall be reemployed by the Town
in the capacity in which formerly employed at the time of departure,
provided that such employee is physically and mentally suited to perform
the required duties and if such employee makes an application to the
Town Administrator's office for reemployment. Such application must
be made within 30 days following termination of armed forces service,
and if approved the employee must report for work as instructed by
the Town Administrator.
A.
Employees required to serve on a jury shall promptly notify their
immediate supervisor. An employee called for jury duty shall be paid
by the Town for an amount equal to the difference between the compensation
paid for a normal working period and the amount paid by the court,
excluding allowance for travel. This request will be certified by
the Town Accountant upon presentation of a check or proper evidence
for monies received for jury duty.
B.
Any compensation received by an employee that is greater than $75
shall be returned to the Town.
Personal or emergency leaves of absence with pay for up to three
days per year may be granted to full-time permanent employees with
more than six months' consecutive employment by an employee's department
head. The Town Administrator shall be notified in writing within seven
days of such leave. Extended leaves of absence without pay may be
granted by the Town Administrator.
[Amended 4-24-2017 ATM
by Art. 10]
In accordance with MGL c. 149, § 52D, employees who
are eligible employees can take up to 24 hours of unpaid leave during
a twelve-month period to participate in school activities directly
related to the educational advancement of a son or daughter (such
as parent-teacher conferences), accompany a son or daughter of the
employee to routine medical or dental appointments, and accompany
an elderly relative of the employee to routine medical or dental appointments
or appointments for other professional services related to the elder's
care. The 24 hours of leave provided by this bylaw is in addition
to the time provided by the FMLA. As with the FMLA, the leave can
be without pay or with use of paid leave if the employee so elects.
Unlike the FMLA, the small necessities leave may be taken intermittently
or on a reduced leave schedule. If the necessity for leave under this
section is foreseeable, the employee shall provide the Town with not
less than seven days' written notice before the date of the leave
is to begin. If the leave is not foreseeable, the employee shall provide
the department head or immediate supervisor with such notice as is
practicable.
A.
Educational reimbursement. Educational assistance to defray the cost
of tuition, up to $500 per calendar year, may be granted to full-time
permanent Town employees with a minimum of one year's service who
are under the jurisdiction of the Personnel Classification and Compensation
Plan Bylaws. Such grants will be approved for job-oriented, college-level
credit (undergraduate/graduate) educational courses or for the maintenance
of certifications that are required by the Town. Requests for approval
shall be made through the department head prior to enrollment. Reimbursement
will be made upon receipt of proof of successful completion of the
course or with an academic grade of "B" or higher and presentation
of receipted tuition bill. In instances where a "letter" grade is
not given, it is acceptable to provide proof of completion of the
course or not.
B.
Mileage reimbursement. In accordance with Internal Revenue Service
(IRS) regulations, employees will be reimbursed for use of personal
vehicles for Town-related business for those employees covered by
this bylaw. Reimbursement must be approved by an employee's department
head.
A.
In accordance with MGL c. 268A, the Town requires its employees to
avoid conflicts of interest between their obligations to the Town
and an employee's personal affairs. In accordance with state law,
an employee is required to successfully complete a conflict of interest
test every two years that is administered by the commonwealth, acknowledge
receipt of an annual summary and file the appropriate certifications
with the Town Clerk's office. No employee of the Town should have
an economic interest, position or relationship with any person, firm,
or corporation with which the Town does business, as would influence
the actions of such employee on behalf of the Town. The holding of
an interest in a supplier does not necessarily indicate a conflict
of interest. The disclosure of such holding in most instances may
be enough to make clear that such conflict exists. The determination
of a conflict of interest is the sole responsibility of the Town.
B.
The Town regards good supplier relations and the demonstrated integrity
of its employees as indispensable sources of Town goodwill. It is
the obligation of the Town and its employees to preserve and protect
these values.
C.
The acceptance of tangible or intangible items of value from an organization
which seeks or participates in supplying Town requirements is prohibited.
D.
Any violation of these standards of conduct may result in disciplinary
action up to and including immediate discharge from employment with
the Town.
A.
Nondiscrimination and equal opportunity are the policy of the Town
of Marshfield in all its decisions, programs and activities. All Town
employees shall rigorously take affirmative steps to ensure equality
of opportunity in the internal affairs of all departments, as well
as in an employee's relations with the public, including those persons,
departments and boards having business with any government agency.
Each department or board, in discharging its statutory responsibilities,
shall consider the likely effects which its decisions, programs and
activities shall have in meeting the goal of equality of opportunity.
B.
Affirmative action requires more than vigilance in the elimination
of discriminatory barriers in accordance with established protected
classes including race, color, religious creed, national origin, ancestry,
age 40 or over, criminal record (applications only), handicap, retaliation,
sexual harassment, sexual orientation, genetics, military personnel,
transgender and sex. It must also entail positive and aggressive measures
to ensure equal opportunity in internal personnel practices and in
those programs which can affect persons and activities outside the
Town government. Affirmative action shall include efforts necessary
to remedy the effects of present and past discriminatory patterns
and practices and shall invoke any action necessary to guarantee equal
opportunity for all people.
C.
Town of Marshfield officials and supervisory employees shall hire,
appoint, assign, train, evaluate, compensate and promote personnel
on the basis of merit and ability, without regard to race, color,
religion, national origin, ancestry, language, age, mental handicap,
sex, or sexual preference.
As used in this bylaw, the following terms shall have the meanings
indicated:
The date of initial employment as an employee of the Town.
Any separation from the classified service of one scheduled
workday, or more, whether by resignation, layoff, dismissal, disability,
or retirement, or any absence without leave of one work week, or more,
when the employee is subsequently reemployed. An authorized leave
without pay shall not be considered as constituting a break in service.
[Amended 4-24-2017 ATM
by Art. 10]
The official or approved system of grouping and compensating
positions into appropriate classes consisting of:
Length of employment with the Town of a full-time or regular
part-time employee, uninterrupted except for military leave, vacation
leave, sick leave, jury duty leave, disability, maternal/paternal
leave, or any other authorized leave of absence covered in this bylaw.
Service should not be considered continuous if there is a break in
service resulting in the employee being in a non-pay status for a
period of time exceeding 30 days excepting authorized leave of absence.
[Amended 4-24-2017 ATM
by Art. 10]
An employee of the Town occupying a position in the classification
plan.
In accordance with the Fair Labor Standards Act (FLSA), an
exempt employee is required to perform management or administrative
responsibilities or requires specialized, professional qualifications.
Exempt employees are paid a salary for all hours worked and are not
eligible for overtime compensation.
[Amended 4-24-2017 ATM
by Art. 10]
An employee scheduled to work no less than 37.5 hours per
week and 52 weeks per year, minus legal holidays and authorized vacation
leave, sick leave, bereavement leave and other leave of absence. This
definition is not intended to include employees classified as part
time in the Personnel Classification and Compensation Plan Bylaws.
Defined as spouse, mother, father, child including stepchild,
brother, sister, brother-in-law, sister-in-law, mother-in-law, father-in-law,
grandparents, grandchild, aunt, uncle, stepparent, stepsister, stepbrother
or partner.
All new employees must serve a working test period of nine
months' duration or as specified in a collective bargaining agreement
or state civil service statute during which an employee is required
to demonstrate his or her fitness to perform duties for the position
to which assigned. An employee may be terminated by the Town during
the introductory hiring period or at any time with or without cause,
with or without notice.
The competitiveness of a salary range or an employee's salary
in comparison to the marketplace based on operational and demographic
criteria.
[Added 10-27-2014 STM
by Art. 3]
In accordance with the Fair Labor Standards Act (FLSA), non-exempt
employees will be paid overtime for all hours required to work over
40 in one work week. Police, fire or employees covered by a collective
bargaining agreement are paid overtime pursuant to the provisions
of an employment agreement or collective bargaining agreement.
A person doing occasional hourly, daily or weekly work 52
weeks per year and less than 20 hours per week; such an employee is
not eligible for benefits as described in this Personnel Bylaw.
The evaluation of an employee's performance based on:
[Added 10-27-2014 STM
by Art. 3]
Job duties: essential functions that are ongoing.
Objectives: job duties that are specific, measurable, agreeable,
realistic and time bound.
Competencies: skills required to accomplish job duties and objectives.
Development plan: specific, measurable and time bound actions
to improve performance.
A person required to work at least 1,040 hours of time in
a calendar year; such employee is eligible for benefits as described
in this Personnel Bylaw on a prorated basis as determined by the number
of regularly scheduled hours compared to the normal work week.
[Amended 4-24-2017 ATM
by Art. 10]
Any position in the Town service which has required or which
is likely to require the services of an incumbent without interruption
for a period of more than six calendar months, either on a full-time
or part-time employment basis.
A system enabling the Town to compare positions to one another
consisting of a set of universal rating criteria in order to establish
the minimum qualifications required to carry out a position's job
duties and to assign positions to a classification level in a consistent
manner.
Employees serving in a position for a specified period of
time, such as a summer season, are considered seasonal. Seasonal employees
are not entitled to Town benefits regardless of the number of hours
worked during the specified season.
An employee retained in a temporary or seasonal position
as defined below; any employee holding a temporary appointment under
Civil Service Law who does not also have permanent status thereunder.
Such employee is not eligible for benefits as described in this Personnel
Bylaw.
Any position in the Town service which requires or is likely
to require the services of one incumbent for a period not to exceed
six calendar months; a seasonal position requiring less than the work
week of its occupational group shall be considered as part time.
A work week is defined as a period consisting of seven consecutive
twenty-four-hour days; Sunday to Saturday, 12:01 a.m. to 12:00 p.m.
The Consolidated Omnibus Budget Reconciliation Act (COBRA) requires
employer-sponsored group medical and dental plans to allow covered
employees and their dependents to elect to have the current medical
coverage continued, at the employee's and dependent's expense, at
group rates for up to 36 months following a qualifying loss of coverage.
A.
Permanent employees regularly required to annually work 20 or more
hours per week are covered under the Federal Health Insurance Portability
and Accountability Act of 1996 (HIPPA). HIPPA provides employees with
certain rights that create a "portability" of health insurance coverage
from one employer to the next. This does not mean that an employee
can transfer his or her current health plan into a new employment
situation. It means that an employee can receive "credit" for prior
coverage when joining a new plan provided by the Town that may have
waiting periods for preexisting conditions. This requires a transfer
of prior coverage information from the old employer to the new employer.
The Town will provide to each employee who loses health insurance
coverage a full certificate of coverage. The certificate of coverage
provides: the date of certification, identifying information including
the name of the employee, the employee's health insurance plan identification
number, names of dependents to whom the certificate applies, name
of group health plan, name of employer, name, address, and phone number
of the plan administrator and the first and last day of coverage.
A certificate will be issued whenever an individual loses health insurance
coverage or would lose coverage except for an election under COBRA.
B.
Group health and dental benefits and premium rates for individuals
electing continuation are the same as for active employees and their
dependents plus an administrative charge. Individuals electing continuation
must pay the entire monthly premium in advance. Employees will be
notified of their COBRA rights upon employment and at the time of
a qualifying event as explained above. It is the employee's responsibility
to keep the Town informed of any address changes or other pertinent
information regarding himself/herself and/or an employee's dependents.
[Amended 4-24-2017 ATM
by Art. 10]
The Town of Marshfield makes available to all regular full-
or permanent part-time employees group life, accidental death, long-term
disability, sickness, group hospitalization and dental insurance programs.
Family coverage is also available. Please see the Addendum Section
of this bylaw for a list of current premiums and insurance carriers.[1] The level of coverage and respective premium costs are
subject to possible change by the Town. The Town will provide proper
notice in advance of any proposed changes to an insurance plan(s)
in accordance with statutory notification requirements. For information
regarding employee insurance, employees should contact the office
of the Town Treasurer/Collector.
[1]
Editor's Note: The addendum is on file at the office of the
Town Administrator.
A.
A grievance is defined as any complaint by an employee that he/she
has been treated unfairly, unlawfully, or in violation of his/her
rights under Town polices with regard to any matter pertaining to
employment with the Town. This definition includes, but is not limited
to, discharge, suspension, involuntary transfer and demotion. Also,
if an employee believes that he/she has not received or been credited
with or has otherwise lost wages or benefits to which he/she feels
entitled, he/she must present a grievance in accordance with the employee
grievance procedure that is contained in this bylaw or such wages
or benefits may be forfeited.
B.
An employee who feels that he/she has a grievance must follow the
following procedure:
(1)
Step 1. Any employee who feels that he/she has received inequitable
treatment because of some condition of employment may discuss the
grievance orally with his/her department head for relief from that
condition within 10 working days of the occurrence or knowledge of
the event. The immediate supervisor or department head shall meet
with the aggrieved employee and respond in writing to the employee
within 10 working days of the date of the meeting.
(2)
Step 2. If the grievance is not resolved by the decision of the department
head, the employee may file an appeal in writing with the Town Administrator
within 10 working days of receipt of the department head's decision
in Step 1. The Town Administrator shall, upon request, meet with the
employee within a reasonable time after receipt of the employee's
appeal. The Town Administrator shall reply in writing to the employee's
grievance within 10 working days after a meeting with the employee
is held. The Town Administrator will send one copy of the reply to
the employee, one copy to the department head and place one copy in
the employee's personnel file.
(3)
Step 3. If the grievance is still not settled at Step 2, or within
10 working days of the deadline for the response of the Town Administrator,
the employee may submit the grievance in writing to the Select Board.
The Board shall meet with the Town Administrator, department head
and the employee at its next regularly scheduled meeting following
the date of the receipt of the grievance in the office of the Select
Board. The Board shall render a final decision in writing within 10
working days of the date of the meeting with the Board.
[Amended 10-18-2021 STM by Art. 32]
C.
A grievance shall be considered settled at the completion of any
step unless it is appealed within the time limits as set forth in
this section. The time limits of the grievance procedure may be extended
by management due to illness, vacations, business trips or emergency.
The employee will be notified in writing by the Town if an extension
is required. If the response time limit falls on an employee's scheduled
day off, the reply by management will be given to the employee on
the employee's scheduled workday immediately following an employee's
return to work.
Since municipal employees provide a service to the public whose
interruption in many instances may be detrimental to public safety,
no municipal employees shall engage in any work stoppage, slowdown,
or strike. Any employee engaging in such work stoppage, slowdown,
or strike shall be subject to immediate dismissal without any rights
to any of the benefits provided by the Town.
A.
The Town of Marshfield maintains a zero tolerance policy toward workplace
violence, or the threat of violence, by any of its employees, customers,
the public, or anyone who conducts business with the Town. It is the
intent of the Town to provide a workplace that is free from intimidation,
threats or violent acts.
[Amended 4-24-2017 ATM
by Art. 10]
B.
Workplace violence includes but is not limited to harassment, threats,
physical attack or property damage. A threat is the explicit or implicit
expression of intent to cause physical or mental harm regardless of
whether the person communicating the threat has the present ability
to carry out the threat and regardless of whether the threat is contingent,
conditional or future. Physical attack is intentional hostile physical
contact with another person such as hitting, fighting, shoving, or
throwing objects. Property damage is intentional damage to property
that includes property owned by the Town, employees or others.
