[HISTORY: Created by the Selectboard of the Town of South
Hadley September 2014; amended in its entirety August 2017. Subsequent
amendments noted where applicable.]
As of July 31, 2014, Massachusetts' new Domestic Violence
Leave Law requires employers with 50 or more employees to give up
to 15 days of leave to domestic violence victims. An Act relative
to domestic violence (the Act) is a comprehensive domestic violence
bill. It mandates leaves of up to 15 days for employees if the employee
or a family member of the employee is a victim of domestic violence
and needs time off to address issues directly related to the domestic
violence. The Act went into effect immediately upon passage. In addition
to its workplace provisions, it creates new criminal offenses relative
to domestic violence, boosts domestic violence prevention efforts
and provides support to domestic violence victims and their family
members.
A.
What leave does the law provide?
(1)
Up to 15 days of leave in any twelve-month period.
(2)
The employer has the sole discretion to determine whether the leave
shall be paid or unpaid.
(3)
The employer may require an employee seeking leave to exhaust all
annual vacation, personal and sick leave available to the employee
prior to requesting or taking leave.
B.
When is a leave triggered? An employee is entitled to leave if:
(1)
The employee, or a family member of the employee, is a victim of
domestic violence.
(2)
The employee is using the leave from work to address issues directly
related to the domestic violence against the employee or family member
of the employee.
(3)
The employee is not the perpetrator of the domestic violence against
such employee's family member.
C.
What constitutes domestic violence? "Domestic violence" is defined
as "abuse" against an employee or the employee's family member
by:
(1)
A current or former spouse of the employee or the employee's
family member.
(2)
A person with whom the employee or the employee's family member
shares a child in common.
(3)
A person who is or has cohabited with the employee or the employee's
family member.
(4)
A person who is related by blood or marriage to the employee.
(5)
A person with whom the employee or employee's family member
has or had a dating or engagement relationship.
D.
What constitutes abuse? "Abuse" includes:
(1)
Attempting to cause or causing physical harm.
(2)
Placing another in fear of imminent serious physical harm.
(3)
Causing another to engage involuntarily in sexual relations by force,
threat or duress or engaging or threatening to engage in sexual activity
with a dependent child.
(4)
Engaging in mental abuse, which includes threats, intimidation or
acts designed to induce terror.
(5)
Depriving another of medical care, housing, food or other necessities
of life.
(6)
Restraining the liberty of another.
E.
What qualifies for a leave request? Leave may be used for the following:
(1)
To seek or obtain medical attention, counseling, victim services
or legal assistance.
(2)
Secure housing.
(3)
Obtain a protective order from a court.
(4)
Appear in court or before a grand jury.
(5)
Meet with a district attorney or other law enforcement official.
(6)
Attend child custody proceedings or address other issues directly
related to the abusive behavior against the employee or family member
of the employee.
F.
Who is a family member? An employee's family member includes
a spouse, domestic partner, individuals having a child in common,
parent, child, sibling, grandparent or grandchild.
G.
How is leave administered?
(1)
Similar to the FMLA, employees must request the leave in advance
from Human Resources (unless there is a threat of imminent danger).
(2)
Employers may require an employee to provide documentation evidencing
that the employee or the employee's family member has been a
victim of abusive behavior.
(3)
In the case of a scheduled leave, the employee must provide the same
amount of notice as is required by the employer's other leave
policies.
(4)
In the case of unscheduled leave, an employee (or employee's
representative) must notify the employer within three work days that
the leave was taken or is being taken pursuant to the law and an employer
may not take negative action against the employee for an unscheduled
absence if within 30 days from the unauthorized absence, the employee
provides sufficient documentation evidencing the need for the leave.
(5)
The form of documentation that an employer must accept as sufficient
evidence is specifically listed in the language of the legislation.
All information related to the employee's leave must be kept
confidential by the employer and may only be disclosed in very specific
circumstances.
(6)
The documentation provided to the employer may only be maintained
in the employee's employment record for as long as required for
the employer to make a determination as to whether the employee is
eligible for leave.
A.
It is the goal of the Town to promote a workplace that is free of
discriminatory harassment (harassment) of any type, including sexual
harassment. Harassment or bullying on the basis of age, race, color,
national origin, sex, religion, sexual orientation, genetics, military
status, ancestry, or disability is prohibited by state and/or federal
law and will not be tolerated by the Town. Discriminatory harassment
consists of unwelcome conduct, whether verbal or physical, that is
based on a characteristic protected by law.
B.
All Town employees are responsible for insuring that the workplace
is free from all forms of harassment. This policy applies to all employees
and officers of the Town. Supervisory and managerial employees must
not condone acts of harassment by their subordinate employees, by
other Town employees, by visitors to Town offices, or by employees
of Town vendors and contractors. Harassment of employees occurring
in the workplace, or in other settings in which employees may find
themselves in connection with their employment, is unlawful and will
not be tolerated. Retaliation against persons complaining about harassment
or sexual harassment, or retaliation against individuals for cooperating
with an investigation of a harassment complaint, is also unlawful
and is prohibited by this policy. Harassment in retaliation for formal
or informal participation in filing an internal or external complaint
of discrimination or otherwise raising a concern regarding discrimination
will also not be tolerated.
C.
Harassment defined.
(1)
Harassment in general. Harassment is unwelcome verbal or physical
conduct, directed at an individual based upon age, race, color, national
origin, sex, religion, sexual orientation, genetics, military status,
or disability, which disrupts or interferes with another's work
performance, or which creates an intimidating, offensive, or hostile
environment. A pattern of harassment cannot be defined by a single
incident.
(2)
Sexual harassment:
(a)
In Massachusetts, the legal definition for sexual harassment
is this:
|
"Sexual harassment means sexual advances, requests for sexual
favors, and verbal, or physical conduct of a sexual nature when:
| |
|
a)
|
Submission to or rejection of such advances, requests or conduct
is made either explicitly or implicitly a term or condition of employment
or as a basis for employment decisions.
|
|
b)
|
Such advances, requests or conduct have the purpose or effect
of unreasonably interfering with the individual's work performance
by creating an intimidating, hostile, humiliating or sexually offensive
work environment."
|
(b)
Under this definition, direct or implied requests by a supervisor
for sexual favors in exchange for actual or promised job benefits
such as favorable reviews, salary increases, promotions, increased
benefits, or continued employment constitutes sexual harassment. The
legal definition of sexual harassment is broad and in addition to
the above examples, other sexually orientated conduct, whether it
is intended or not, that is unwelcome and has the effect of creating
a workplace environment that is hostile, offensive, intimidating or
humiliating to male or female workers may also constitute sexual harassment.
D.
Prevention of harassment. The Town subscribes to the concept of a
safe work environment and supports the prevention of harassment. Prevention
efforts include, but are not limited to: informing employees of this
policy on an annual basis, training employees regularly, communicating
the sanctions imposed for violating this policy, and providing a reporting
hierarchy within which to report incidents of harassment without fear
of reprisal. Because the Town of South Hadley takes allegations of
harassment seriously, the Town will respond promptly to complaints
of harassment. Where it is determined that inappropriate conduct has
occurred, the Town will act to eliminate the conduct and impose such
corrective action as is necessary, including discipline where appropriate.
E.
Persons covered. This policy prohibits harassment of all employees,
including nonsupervisory, supervisory, management and executive personnel,
volunteers and all applicants for employment.
F.
Procedure.
(1)
Complaint.
(a)
Any employee who believes that he or she has been subjected
to harassment prohibited by this policy has a responsibility to report
the harassment as soon as possible to Human Resources, South Hadley
Town Hall, 116 Main Street, Room 103, South Hadley, MA 01075; phone:
413-538-5017 (ext.129). If Human Resource personnel is the source
of the harassment, or there are other compelling reasons that prevent
bringing the problem to the attention of this individual, then the
employee may report the harassment to the Town Administrator. Human
Resources is also available to provide information about the Town's
policy on harassment, as well as the complaint process.
(b)
A complaint may be made verbally or in writing. The Town may
require that a verbal complaint be reduced to writing with the assistance
of Human Resources, or other person designated by the Town.
(c)
Any supervisor, manager or other employee who becomes aware
of harassment prohibited by this policy must immediately report it
to Human Resources.
(2)
Investigation.
(a)
All complaints of harassment will be investigated promptly and
impartially by the Assistant Town Administrator or by another qualified
individual selected by the Town.
(b)
An individual conducting an investigation into a complaint of
harassment will keep information as confidential as possible, and
disseminate it on a need-to-know basis only. Others involved in the
investigation in any capacity must also respect the privacy of those
involved by keeping information learned during the course of the investigation
confidential.
(c)
Ordinarily, as circumstances permit, the Town's investigation
will include private interviews with appropriate individuals, such
as the complainant, the employee alleged to have committed harassment,
and with witnesses, if any.
(d)
As soon as practicable after the completion of the investigation,
the official responsible for conducting the investigation will, to
the extent appropriate, advise the employee who brought the harassment
complaint and the employee accused of harassment of the results of
the investigation.
(e)
If either employee is dissatisfied with the handling or result
of the investigation, the employee should bring the matter immediately
to the Town Administrator, preferably in writing, stating the reasons
for that dissatisfaction.
(3)
Action. Anyone who is found, after investigation, to have engaged
in harassment prohibited by this policy will be subject to disciplinary
action up to and including discharge from employment. This policy
shall not limit the authority of the Town to take disciplinary action
against an employee who engages in inappropriate conduct, regardless
of whether it satisfies the definition of harassment or sexual harassment
under this policy.
(4)
Retaliation prohibited. No one who brings a harassment complaint
in good faith will be subject to any adverse employment action for
doing so, regardless of whether the complaint is ultimately determined
to have merit. Any employee, including supervisors and managers, who
retaliate against an employee for making a complaint of harassment
will be subject to disciplinary action, which may include termination
of employment. Retaliation should be reported to management using
the procedure set forth in this policy for complaints of harassment.
The Town will take all reasonable steps to protect the complainant.
G.
State and federal remedies. In addition to the above, if you believe
you have been subjected to harassment of any type, you may file a
formal complaint with either or both of the government agencies set
forth below. Using our complaint process does not prohibit you from
filing a complaint with these agencies. Each of these agencies requires
that claims be filed within 300 days of the alleged incident or when
the complainant became aware of the incident.
(1)
The United States Equal Employment Opportunity Commission (EEOC).
|
JFK Federal Building
475 Government Center
Boston, MA 02203
(617)565-3200
(800)669-4000
www.eeoc.gov
|
(2)
The Massachusetts Commission Against Discrimination (MCAD).
|
Boston Office:
One Ashburton Place, Room 601
Boston, MA 02108
(617)994-6000
|
Springfield Office:
436 Dwight Street, Room 220
Springfield, MA 01103
(413)739-2145
|
A.
The Town of South Hadley is responsible for assuring the health and
safety of all employees and all visitors to Town-owned facilities.
In keeping with this objective, the Town of South Hadley does not
permit employees to bring household pets to their workplace. Visitors
to municipal buildings are not allowed to bring their pets into the
building, as well. Animals may pose a threat of infection and may
cause allergic reactions in employees and/or visitors. Some employees
and/or visitors may feel threatened or be distracted by the presence
of animals. In addition, the Town of South Hadley wishes to prevent
pets from fouling the office space or damaging municipal property.
B.
An employee and/or visitor who requires the help of a service animal
(defined by 28 CFR 36.104 as "any dog that is individually trained
to do work or perform tasks for the benefit of an individual with
a disability") will be permitted to bring a service animal to the
office, provided that the animal's presence does not create a
danger to others and does not impose an undue hardship upon the municipal
operation.
A.
The term "technology" covers a wide range of processes used for communicating
information within our society. Computers form one element of this
broad term but it also includes video resources, cameras and recording
devices, telephones, cell phones and smart phones, tablets and various
social media outlets and tools. Town computers, computer files, e-mail
systems, Internet access, telephones, cell phones and smart phones,
software and/or other technology furnished to Town employees are the
property of the Town of South Hadley. All technology provided by the
Town shall be for Town business only. Employees may use the Internet
service provided by the Town during their nonworking hours, provided
that they adhere to all of the following regulations. All information
and communications on Town equipment is considered Town/public information
and may be viewed at any time by management.
(1)
The users of the Town's network are responsible for respecting
and adhering to local, state, federal and international laws. Any
attempt to break those laws through the use of the network may result
in litigation against the offender by the proper authorities and where
appropriate, disciplinary action. If such an event should occur, the
Town will fully comply with the authorities to provide any information
necessary for the litigation process.
(2)
To the extent an employee uses his/her personal device to create
Town records, those records must be transferred to the Town network/system
as soon as possible. Employees who use their own personal technology
device(s) to conduct Town business must provide the Town with access
to these records and/or device(s) should the need arise.
(3)
Duplication or installation of unauthorized software is prohibited.
Software that is not purchased/licensed by the Town is considered
unauthorized.
(4)
This policy applies to every employee, board member (elected or appointed),
contractor or remote user who is provided access to the Town's
computers and network resources.
(5)
Any unauthorized, deliberate action, which damages or disrupts a
computing system, alters its normal performance, or causes it to malfunction,
is a violation, regardless of system location or time duration.
B.
The following technology and computer-related activities are prohibited
but not limited to:
(1)
Use of systems and/or networks in attempt to gain unauthorized access
to remote systems or to connect to other systems, in violation of
the physical limitations of the local/remote system.
(2)
Unauthorized use of network "sniffers" or other network analysis
tools.
(3)
Decryption of system or user passwords.
(4)
The copying of system files.
(5)
Illegal duplication of software or violation of copyright law by
the duplication or sharing of software, or the distribution of copyrighted
materials.
(6)
Intentional attempts to "crash" network systems or programs.
(7)
Attempts to use a password, access a file, or retrieve a stored communication
that is not normally accessible to the employee.
(8)
The willful introduction of computer "viruses" or other disruptive/destructive
programs into the Town's network or into external networks.
(9)
Use of abusive or objectionable language or content in either public
or private messages.
(10)
Activities that are libelous and/or amount to sexual, racial
or other forms of harassment.
(11)
Using a Town e-mail address when posting to public forums, e.g.
blogs, social media sites, wikis and discussion lists for personal
use.
(12)
Excessive use of social networking sites for personal use.
(13)
Use of cameras or digital/audio recording devices to capture
or record content without the permission or knowledge of the subject(s)
being recorded.
(14)
Creating and/or distributing to members of the public, nonpublic
information or files, such as draft reports, confidential information
or information without proper authorization and, where necessary,
proper protection.
|
NOTE: If any of the above-prohibited uses is required for a
legitimate business reason, an exception may be requested in writing
to management, and the request will be reviewed to determine whether
an exception should be granted.
|
C.
Internet access and use.
(1)
Internet access through the Town-provided network is intended for
business use, including finding vendor information, government information,
research, and communicating with colleagues and residents for government-related
purposes. All Internet usage will be monitored.
(2)
The Town allows users the privilege of Internet access for limited
personal use, such as looking at home pages and sending e-mails to
friends. This privilege of personal use of the Internet is subject
to the terms and conditions established by the Town herein, and as
they may be amended from time to time, and may be withdrawn in the
future, with or without cause, in the discretion of Town management.
(4)
Any personal use of the Internet must be on the employee's own
time.
(5)
At no time may the Internet be used for any type of commercial use,
or to transact nongovernmental business. The use of the Internet to
solicit or proselytize others for commercial ventures, religious or
political causes or outside organizations or for personal gain is
prohibited. At no time may users access inappropriate web sites, such
as those hosting pornography, obscene materials or gambling enterprises.
(6)
The use of any element of the Town's computer system, including
Internet access, for the receipt or transmission of information disparaging
to others based on race, national origin, sex, sexual orientation,
age, disability, or religion is not permitted under any circumstances.
(7)
Users are not permitted to download executable files from the Internet
unless previously approved by the network administrator.
D.
Copier use. Copiers are for the use of Town employees, solely for
official business. Personal use is a violation of the MA Conflict
of Interest Law.
E.
Electronic mail (e-mail) access and use.
(1)
E-mail is an effective tool for sharing and disseminating information.
Since the Town's e-mail system is linked to Internet systems,
users can communicate with colleagues in state agencies, vendors and
residents. This electronic communication promotes better information
exchange between peers and residents.
(2)
As with all of the Town's assets, the e-mail system is intended
to be used for work-related purposes, and in ways consistent with
the Town's overall policies. The system may not be used in any
way that is disruptive to the operation of the Town or offensive to
others. E-mail and Internet access should be used in such a way that
all transmissions, whether internal or external are accurate, appropriate,
ethical and lawful.
(3)
The use of e-mail for the transmission of information disparaging
to others based on race, national origin, sex, sexual orientation,
age, disability, or religion is not permitted under any circumstances.
Likewise, e-mail is not to be used to solicit or proselytize others
for commercial ventures, religious or political causes or outside
organizations, or personal gain (including, but not limited to, chain
letters and/or requests for donations).
(4)
The use of broadcast mail (sending the same message to a group of
employees) places stress on the e-mail system and has the potential
for generating undesirable volumes of junk mail or spam. Therefore,
it should be used selectively for only work-related reasons, and with
appropriate supervisory approval.
(5)
Confidential information should never be transmitted or forwarded
to outside entities or individuals not authorized to receive such
information, or to Town employees having no business reason for having/receiving
such information.
(6)
The privacy and confidentiality of e-mail transmissions cannot be
assured. E-mail transmissions may be subject to disclosure through
legal proceedings or otherwise through various laws which may be held
to apply to such transmissions.
F.
Expectation of privacy.
(1)
Authorized Town personnel must have unrestricted access to e-mail
and related information stored on Town-owned computer and other electronic
equipment. This access is required for reasons that include retrieving
business-related information, troubleshooting hardware and software
problems, preventing unauthorized access and system misuse, deterring
use that is contrary to the Town's policy, ensuring compliance
with software copyright and distribution policies, and complying with
legal and regulatory requests for information.
(2)
The Town reserves the right to monitor, review and retrieve any information
stored on or transmitted with Town equipment, including retrieving
and reading e-mail messages or any other computer files, and monitoring
Internet traffic. E-mail messages and other use of the Town's
computers are not confidential and may be considered to be public
records under the Public Records Law depending upon the contents of
the file or communication. Even though employees are issued a password
or other private access code, they should have no expectation of privacy
with regard to the use of the system.
G.
Violations. Staff should immediately notify their supervisor or administration
of any violations of the Town's Technology Use Policy. Violations
of this policy will be subject to disciplinary action, up to and including
termination of employment.
H.
Cell phone use.
(1)
This policy is intended to ensure cell phones do not take time and
attention away from work and productivity. It is also intended that
the use of cell phones while at work is done in an acceptable, professional
and productive manner.
(2)
During work hours or work shifts, when an employee is not operating
a Town-owned vehicle or equipment but is 'on the clock',
employees are expected to exercise discretion in using personal cellular
phones. Use of a cell phone while at work can pose a distraction to
employees and to the public. If an employee receives a text or phone
call, the customer must be the first priority of the employee.
(3)
Cell phones should not be used in view of the public, even if someone
else is available and helping a customer.
(4)
Calls and texts from your cell phone should be made and received
only when it is necessary for medical or family needs.
(5)
Use of cell phones at work must not cause a distraction for co-workers.
If you must make a phone call, it is requested that you leave the
area where co-workers would be distracted. Cell phones should be kept
on a vibrate setting in order not to disturb the workplace.
(6)
The Town of South Hadley will not be held liable for the loss of
personal cell phones brought into the workplace.
(7)
Unless authorized for legitimate Town business assignments or job
duties, the Town prohibits employee use of phone cameras and video
recorders in the workplace, as a preventative step necessary to secure
employee privacy, and personal/confidential information.
A.
The Town of South Hadley's employees strive to provide a positive
experience for those visiting Town facilities, by following the Professional
Standards of Conduct Policy. In addition, the Town supports a workplace
that is conducive to personal safety and security and is free from
intimidation, threats or violent acts. The Town does not tolerate
workplace violence, including the threat of violence by anyone who
conducts business with the Town.
B.
The Town will not tolerate harassing conduct that affects employment
conditions, that interferes unreasonably with an individual's
performance or that creates an intimidating, hostile or offensive
work environment. Unsigned documents or letters will not be considered
or reviewed.
C.
Complying with this code of conduct is required by all people doing
business with Town employees.
D.
Violators who do not comply with this policy may be asked to leave
the premises.
E.
Expected conduct.
(1)
Avoid causing disturbances or disruptions.
(2)
Show respect for others, building facilities and personal property
of others.
(3)
Use common courtesy when interacting with others.
(4)
Do not engage in any lewd or offensive behavior.
(5)
Any form of violence is prohibited.
(6)
Smoking, drinking alcohol or appearing to be under the influence
of any illegal substance is prohibited.
F.
Repeated violations may result in permanent suspension of facility
privileges.
