Authorization. These policies are promulgated in accordance with the authority granted to the Selectboard by the Town's General Bylaws and Massachusetts General Laws. In the case of a conflict between the provisions of these policies and the provisions of any collective bargaining agreement, state or federal law, or other duly authorized employment agreement, the provisions of the collective bargaining or employment agreement shall prevail.

(2)

Purpose. The purpose of these policies is to establish in writing the Town's procedures governing employment - to ensure their consistent application to all employees and to facilitate the uniform and efficient administration of the Town's affairs. Nothing in these policies should be construed to create a contract or term of employment between the Town and an individual employee. Except as otherwise prohibited by law, the Town reserves the right to modify, amend or discontinue any of the provisions herein.

These policies shall be interpreted in a manner consistent with the following merit principles:

(a)

Recruitment, selection, and classification of personnel shall be based on ability knowledge, education, and skill under a fair and open process.

(b)

Employment shall be open to all.

(c)

Fair treatment of all applicants and employees shall be guaranteed in all aspects of the personnel system and shall be administered without regard to race, color, religion, national origin, ancestry, sex, age, disability, participation in discrimination complaint-related activities, sexual orientation, gender identity, genetics, or active military or veteran status; other protected identities, or other non-merit factors; and with proper regard for privacy and constitutional rights.

(d)

Retention and advancement of employees shall be determined based on their performance. Where otherwise appropriate, a reasonable effort may be made to assist employees with inadequate performance and when necessary progressive discipline shall be employed. If following such an effort, inadequate performance cannot be corrected; separation may occur.

(3)

Rules of interpretation.

(a)

These policies are intended to be in accordance with all applicable local, state, and federal laws.

(b)

Words imparting the singular number may extend and be applied to several persons; words imparting the masculine shall include the feminine and non-binary.

(4)

Administration. These policies shall be administered by the Selectboard who shall be the final authority and administrators in all matters addressed by this policy. The Selectboard shall administer these policies consistent with its duties and responsibilities as defined by the United States Constitution, Massachusetts Constitution, Massachusetts General Laws, and the Whately General Bylaws. The Selectboard may establish procedures as necessary to fulfill this charge and may, from time to time, make and issue interpretations and regulations consistent with the provisions of these policies and necessary for their administration.

(5)

Review and amendment. This policy may be amended or repealed following a hearing at any Personnel Committee meeting specifically called for the purpose, an article for such purpose having been included on the agenda for such meeting. Following such a hearing, the Personnel Committee will make, in writing, its recommendation for changes to the policy, to the Selectboard. The Selectboard will then act to officially adopt or reject the recommendation of the Personnel Committee. If adopted the recommended changes will be incorporated into this Personnel Policy.

Personnel records. In Massachusetts, a "Personnel Record" is defined by law as a record kept by an employer that identifies an employee relative to qualifications for employment, promotion, transfer, compensation, or disciplinary action.

(1)

Records management policy. The Town complies with all federal and state records management laws and regulations, including those regarding personnel files, job references, and the safeguarding of personal information. This policy addresses records management issues for employees and applicants.

(2)

General recordkeeping information.

(a)

The Town retains and can use records for employees and applicants through all phases of employment and as allowed under federal and state laws and regulations. When hired, an employee personnel file is created, and general employee records are kept.

(b)

All employee medical records shall be kept in a file separate from an employee's personnel file. I-9 and CORI information is also kept in a file separate from an employee's file.

(c)

All employment applications and related documents, including the results of reference checks and examinations, shall be retained for the period of time required by law. To the extent permitted or required by law, personnel records and applications are generally maintained confidentially.

(3)

Personnel files. In accordance with MGL c. 149, § 52C, employees may request to review their personnel file twice per calendar year.

(4)

Content of records.

(a)

The Town shall maintain in an employee's personnel records only that information which is relevant to the accomplishment of personnel-related administrative purposes. The Town shall maintain an individual personnel file for each employee which may include but not be limited to the following:

[1]

A report of all personnel actions reflecting each original appointment including the name, address, date of birth, job title and description; rate of pay and any other compensation paid to the employee; starting date of employment; the job application of the employee; resumes or other forms of employment inquiry submitted to the employer in response to the advertisement by the employee; background investigation reports, pre-employment or fit for duty exams, employee performance evaluations, including but not limited to, employee evaluation documents; written warnings of substandard performance; lists of probationary periods; waivers signed by the employee; copies of dated termination notices; any other documents relating to disciplinary action regarding the employee.

(b)

A personnel record shall be maintained in typewritten or printed form or may be handwritten in indelible ink. Results of all tests and examinations taken to demonstrate qualifications, history of employment and any correspondence directly related to the employee's past employment record, a copy of the employee's military service discharge, reclassification or change in the employee's rate of pay or position title, leave of absence with pay, leave of absence without pay, commendations, record of disciplinary action, training records, performance evaluations, reinstatement, promotion, demotion, reassignment, transfer, separation, layoff or suspension and any other records that might be pertinent to the employee's record.

(c)

All medical records and files from employees and applicants are kept separately from all other records and are only available for in-person review.

(5)

Job references. The Town discloses the following information when responding to requests from other employers regarding current and former employees: start and end date of employment; the title of the last position held.

(6)

Corrections, changes and copies of records.

(a)

Employees shall provide the Town with accurate and updated personal information, such as a home address, telephone numbers, tax withholding information, and emergency contacts.

(b)

Department heads should notify employees of the importance of keeping their personnel records current. The Town Administrator should be notified immediately in writing of any changes in an employee's personnel information. Final responsibility for providing correct information and timely changes rests with the employee. The Town Administrator, Treasurer/Collector or Town Accountant office shall not be held liable when incorrect withholding, wrong beneficiaries or loss of employee benefits result from the failure of an employee to keep personnel records current.

(7)

Access to records.

(a)

The Town Administrator, upon receiving a written request from an employee, shall provide the employee within five business days an opportunity to review their personnel record. The review shall take place at the Town Offices during normal business hours. Any employee may obtain a copy of their personnel record within five business days upon submission of a written request to the Town Administrator.

(b)

If there is a discrepancy with any information contained in a personnel record, removal or correction of such information may be mutually agreed upon by the Town Administrator and the employee. If an agreement is not reached, the employee may submit a written statement explaining the employee's personnel record. The statement shall be included if the personnel record is transmitted to a third party.

(c)

Employee records that generally can be reviewed in person include: employment applications, including Form I-9; personnel action forms, including those for hiring, promotions, salary changes, and job title changes; Form W-4 and related tax withholding information; warnings, reprimands, and other documents related to disciplinary actions (excluding documents prepared in connection with ongoing investigations); medical records; and fringe benefit forms and pension and retirement enrollment and election forms.

(d)

Employee records that are exempt from in-person review include: pre-employment reference information, including letters, telephone notes, and memoranda secured from previous employers; records relating to ongoing investigations of policy violations, prohibited conduct, or criminal offenses; documents developed or prepared for use in grievance or court procedures; and documents related to staff planning or business planning, including management succession plans, management bonus plans, and job assignment plans.

(8)

Confidentiality and disclosure of records.

(a)

To the extent permissible by law, employee and applicant files shall remain confidential and are only disclosed to Town officials with a need to know and as permitted by federal and state laws and regulations. No information contained in an employee's personnel file shall be released unless written authorization is received from the employee.

(b)

When the Town releases personnel information or files in response to a valid subpoena, the Town shall inform affected employees prior to the disclosure.

(9)

Security of records.

(a)

All paper-based documents relating to the Town's personnel record system shall be stored in secure, locked files in Town Offices. Employee and applicant files that are kept electronically shall also be securely maintained and backed up. All such files are accessible only to authorized employees who have a valid, demonstrable need to obtain specific information from employee or applicant files and as allowed or required under federal and state laws and regulations.

(b)

The Town shall retain all records for the time period(s) specified by the Massachusetts records retention schedule; after such periods expire, the Town shall destroy any such records, including electronic records, in accordance with applicable laws and regulations.

(c)

No unauthorized employee may destroy, alter, deface, mutilate or otherwise dispose of personnel records.

(10)

Complaint procedures. Employees and applicants may contact the Town about any alleged violations of the Town's records management policy. All complaints shall be promptly investigated by the Town Administrator. To the extent permissible by law, information obtained during investigations is confidential and disclosed only to those who have a legitimate need for the information.

(11)

Training. The Town requires all new employees to undergo training on compliance with the Town's records management policy through the Selectboard's Office. Thereafter, employees may receive periodic training on the policy.

Personnel Committee.

(1)

Responsibilities. The Personnel Committee shall fulfill the following duties and responsibilities.

(a)

Policy Review and Recommendations. The Personnel Committee shall periodically review these policies and make recommendations for changes as appropriate to the Selectboard.

(b)

Advisory opinions. The Personnel Committee shall provide advisory opinions to the Selectboard on these policies and matters to be addressed by these policies when requested by the Selectboard or Town Administrator.

(c)

Position and compensation review and recommendations. The Personnel Committee shall on an annual basis, or upon the request of the Selectboard or Town Administrator review job descriptions and compensation for each position and provide recommendations to the Selectboard and Finance Committee for compensation adjustments for the upcoming fiscal year.

(d)

Cost of living adjustment recommendations. The Personnel Committee shall on an annual basis research current economic conditions and provide a recommendation to the Selectboard and Finance Committee whether to award a cost-of-living adjustment to employee compensation, and if yes in what amount.

(e)

Grievance process. The Personnel Committee shall fulfill its role in the grievance process as outlined in § 209-8, Discipline, resolution and grievance, Subsection B of these policies.

(f)

Other duties as assigned by the Selectboard.

(2)

Composition.

(a)

One member shall be a member of the Selectboard and appointed by the Selectboard on an annual basis. The Selectboard appointee shall not otherwise be an employee of the Town, nor hold any other compensated Town office, whether appointed or elected, unless said office is held by virtue of the responsibilities of being a member of the Selectboard.

(b)

One member shall be a member of the Finance Committee and appointed by the Finance Committee on an annual basis. The Finance Committee appointee shall not otherwise be an employee of the Town, nor hold any other compensated Town office, whether appointed or elected, unless said office is held by virtue of the responsibilities of being a member of the Finance Committee.

(c)

One member shall be an employee of the Town of Whately, who works a minimum of 20 hours per week for the Town and elected by a majority vote of the employees of the Town of Whately for a three-year period. The employee appointee need not be a resident of the Town of Whately.

(d)

Two members shall be registered voters of the Town of Whately and appointed by the Town Moderator. The Town Moderator appointees shall not be employees of the Town and shall not hold any other compensated Town office, whether appointed or elected. One of the Town Moderator appointees shall be appointed to a three-year term and the other Town Moderator appointee shall be appointed to a two-year term. Following the completion of the initial terms, the Town Moderator appointees shall serve for three-year terms.

(e)

One non-voting member shall be the Town Administrator.

(f)

All members of the Personnel Committee shall serve without compensation.

(3)

Organization.

(a)

Election of officers. The Personnel Committee shall annually elect a Chairperson (to preside over the meetings), a Vice Chairperson (to preside over the meetings in the absence of the Chairperson) and a Clerk (to record the minutes of all meetings).

(b)

Quorum and voting. A quorum of the Personnel Committee shall require the presence of three voting members. All actions to be taken by the Personnel Committee must be approved by a majority vote of those voting members present when a quorum of members is present.

Employment definitions.

AT-WILL EMPLOYMENT

At all times, employment with the Town is considered to be "at-will," meaning the employment relationship may be terminated at any time, for any lawful reason, by either party.

ELIGIBILITY FOR INSURANCE BENEFITS

Full and part-time employees who work, on average, 20 hours or more a week, or a total of at least 1,040 hours per year, on a regular basis are eligible for group health insurance and other benefits specified herein. Employees who begin working for the Town at less than 20 hours a week but later increase to a scheduled 20 hours or more a week are eligible at the time of the scheduled increase.

EXEMPT AND NON-EXEMPT EMPLOYEE

Status is determined pursuant to an employee's job responsibilities as outlined by the Fair Labor Standards Act of 1938 as amended, and the regulations promulgated thereunder.

FULL-TIME EMPLOYMENT

Full-time employment shall mean 35 to 40 hours per week with a regularly scheduled workday.

PART-TIME ELIGIBILITY FOR BENEFITS

Part-time employees with regular employment established at 20 hours or greater per week may be eligible for certain benefits. Some benefits may be pro-rated based on the regular number of hours worked.

PART-TIME EMPLOYMENT

Part-time shall mean fewer than 35 hours per week.

TEMPORARY OR INTERMITTENT EMPLOYMENT

Temporary or Intermittent shall mean an employee hired for a specified limited time period. Temporary or Intermittent employees are not eligible for benefits.

§ 209-2 Recruitment, selection, and termination of employment.

Hiring.

(1)

Policy. The Town is an equal opportunity employer. The Town shall make every effort to attract and employ qualified people. Every person regardless of age, race, color, creed, gender, sexual orientation, national origin, political affiliation, disability or other non-merit factors applying for employment in the Town will receive equal treatment and proper regard for privacy and constitutional rights. Persons shall be recruited from a geographic area as wide as necessary to ensure that qualified candidates apply for various positions. The recruitment, selection and promotion of candidates and employees shall be based solely on job-related criteria as established in the position descriptions and in accordance with proper personnel practices.

(2)

Eligibility. All qualified persons shall be eligible for employment with the Town, subject to any statutory requirements or limitations.

(3)

Recruitment. Department heads and supervisors have a leading role in recruitment and selection of personnel. Department heads/supervisors, upon the identification of a vacancy or upon the authorization of a new position, must prepare a job vacancy notice. The job vacancy notice must include: the job title, essential functions of the position, qualifications, compensation range, closing date for applications, application instructions, and AA/EEO/ADA statement.

(a)

Notice of vacancies/advertising. The Town Administrator and the appointing authority review and approve all job notices prior to advertisement and posting. Recruitment for a position shall not begin until the job vacancy is reviewed by the Town Administrator. Notices of vacant positions shall be e posted for seven business days on the bulletin board located in the Town Offices and may also be posted on the bulletin boards in the individual departments. Vacancies may additionally be posted online, on the Town's website, and in local newspapers. Advertising for entry level positions should be adequate to ensure that a sufficient number of qualified applicants apply for available vacancies.

(b)

Position descriptions. The position description on file with the Town Administrator is the official description of the duties of the position. The appointing authority/department head will prepare the job posting based on the official job description and current salary information.

(c)

Applications. All candidates applying for employment in the Town shall complete an official employment application form and return the form to the Town Administrator prior to the end of the working day of the closing date specified for the position announcement. Each applicant shall sign the form, and the truth of all statements shall be certified by the applicant's signature.

(d)

Methods of selection. The Town Administrator and/or the appointing authority will establish selection procedures to determine the candidate's fitness and ability to perform in the position. These may include but is not limited to one or more of the following:

[1]

Interview.

[2]

Oral interview panel.

[3]

Evaluation of experience and training.

[4]

Written examination.

[5]

Practical (or performance/assessment) test.

[6]

Evaluation of experience and training.

[7]

Pre-employment physical examination (pursuant to state and federal laws).

[8]

Tests pursuant to state and federal laws.

The Town shall provide individuals with disabilities with the reasonable accommodation they need to be interviewed. (Reasonable accommodations might include a sign language interpreter, written rather than oral responses, large print or braille material, or an accessible location.) Interviews should be held in offices or conference rooms that are private and easily accessible to individuals with disabilities.

(e)

References and background checks. Verification of reference and background information provided by candidates on application forms or resumes and in interviews normally is the responsibility of the Town Administrator and/or department heads. In reviewing qualifications and backgrounds of candidates for certain positions, such as jobs involving financial accountability or security-related issues, the Town can use the services of outside investigative agencies to conduct credit or background checks on individuals. In conducting such checks, the Town complies with all notices, authorizations, and other requirements of federal and state law and maintains the strict confidentiality of all reports and records related to such investigations. Background criminal checks will only be conducted on employees after they have been offered and accepted a position and said offer and acceptance shall be contingent upon a successful background check.

(f)

Candidate selection. Candidates for employment are selected through the Methods for Selection outlined in Section d above coupled with professional reference checks. The Town requires applicants to sign a release waiving liability for anyone who provides the Town with a reference.

(g)

Candidate verification. Prior to employment, job-related background checks, drug testing, and/or health examinations may also be conducted for designated positions, as determined by state or federal laws and/or the Town Administrator and in accordance with these policies, to ensure the well-being and safety of the community.

Pre-employment checks may include but are not limited to:

[1]

Verification of prior employment, education, or credentials;

[2]

Criminal and/or driving record history, credit checks (only after a conditional offer is made);

[3]

A health examination, if appropriate, to determine whether candidate is able to perform the essential functions of the position (only after a conditional offer is made);

[4]

Drug testing.

The Town may conduct some or all of these background checks for applicants selected for designated positions.

(h)

Application records. The application, reference checks, and related documents submitted shall be maintained by the Town for the period required by law. The Town shall, to the extent possible, maintain the confidentiality of the application.

(4)

Appointment. All appointments shall be made in writing by the appointing authority. The written notice of appointment shall include the compensation, the starting date, probationary period, and any conditions of employment not covered in these personnel policies. Copies of the notice of appointment shall be provided to the Town Administrator and Treasurer/Collector. No person shall be appointed, promoted, demoted, advanced, or held back on any basis, or for any reason other than qualification, merit, performance and/or fitness for service.

(5)

Pre-placement medical examinations. Persons selected for employment with the Town after receipt of notice of conditional appointment and prior to the starting date of employment may be required to undergo a medical examination relating to the essential functions of the position. The examination shall be at the expense of the Town by the physician or medical institution selected or approved by the Town. The examining physician shall advise as to whether or not, in the opinion of the physician, the applicant is fit to perform with or without reasonable accommodations the essential functions and/or duties of the position for which appointment has been made or the Appointing Authority shall withdraw the offer of employment. A report of the medical examination of any person hired shall be maintained as a permanent part of the employee's records in a separate, confidential file. Police and Fire candidates may be subject to physical aptitude tests and any other required state examinations.

(6)

Reasons for rejection. The Appointing Authority may reject any applicant who does not meet the minimum qualifications required for the position or any applicant that has not applied by the announced closing date. Further, an application shall be rejected if the applicant made a false statement of any material fact or practiced any deception or fraud. Written notice of rejection shall be given to the applicant from the Appointing Authority.

(7)

Failure to report. An applicant who accepts an appointment and fails to report to work on the date set by the Appointing Authority shall be deemed to have declined the appointment and the offer of employment shall be withdrawn.

(8)

Orientation/training. The Town Administrator, in conjunction with the department head and Treasurer/Collector shall inform new employees of their rights, responsibilities, duties and obligations, shall thoroughly explain all benefits and options the employee is entitled to and shall assist the employee with completion of appropriate forms. The employee shall be provided with a copy of these policies and shall receive onsite training and orientation regarding specific rules, regulations, policies, or procedures of the employee's assigned department, including safety policies and procedure.

Probationary period.

(1)

Probationary period. All newly appointed and promoted employees shall be required to successfully complete a probationary period to begin immediately upon the employee's starting date or promotion and to continue for a 3-month period, which may be extended by the number of days the employee may be absent from work. The probationary period shall be utilized to help new and promoted employees achieve effective performance standards. The probationary period shall be used by the supervisor to observe and evaluate the employee's performance against such standards. Upon expiration of the probationary period, the supervisor shall notify the Appointing Authority that:

(a)

The employee's performance meets satisfactory standards, and the individual will be retained in the position for the remainder of the term for which appointed or for an indefinite term whichever is the case; however, the employment remains on "at-will" status; or

(b)

The employee's performance, due to extenuating circumstances, requires additional observation and the probationary period will be extended up to an additional three months; or

(c)

The employee's performance was unsatisfactory, and that removal or demotion will occur.

An Appointing Authority may remove the employee if it is revealed that the employee intentionally falsified information relating to application for employment, was unable or unwilling to perform the essential functions after given an opportunity to cure, or displayed conduct, habits or dependability which did not merit continuing the employee in the position. The employee may not appeal the removal.

(2)

Use of leave time during probationary period. During their probationary period, employees are not allowed to use paid sick leave except as provided in § 209-5E(4), paid vacation leave or paid personal leave; however, employees are entitled to paid holiday leave. Unpaid leave may be requested by employees during their probationary period that need time off from work for unforeseen circumstances. The decision whether to grant unpaid leave will be made by the Appointing Authority.

Equal opportunity employer. The Town of Whately is an equal employment opportunity employer and will not discriminate on the basis of race, color, religion, national origin, ancestry, sex, age, disability, participation in discrimination complaint-related activities, sexual orientation, gender identity, genetics, or active military or veteran status, and other protected identities.

Disability discrimination prevention.

(1)

Policy statement. In accordance with the requirements of 28 CFR § 35, the Town shall advise all applicants, participants, and the public that it does not discriminate on the basis of disability with regard to access to, or employment in, its programs, services, or other activities. The Town will not discriminate against people with disabilities in any employment practices or terms, conditions, or privileges of employment, including, but not limited to application, testing, hiring, assignment, evaluation, disciplinary action, training, promotion, medical examination, layoff/recall, termination, compensation, leaves, or benefits.

(2)

Procedures for establishing standards. The Town has and will continue to establish bona fide occupational qualifications for each position, including the education, skills, and work experience required for successful performance in the position, and the physical, mental and environmental standards necessary for job performance, health, and safety. Such standards are job-related and consistent with business necessity.

(3)

Reasonable accommodation.

(a)

In accordance with the Americans with Disabilities Act, the Town will provide reasonable accommodations to the known disabilities of a qualified applicant or employee unless such accommodation imposes an undue hardship on the Town.

(b)

The Town will provide reasonable accommodation to ensure equal employment opportunity in the application process; to enable a qualified individual with a disability to perform the essential functions of the job, and to enable an employee with a disability to enjoy equal benefits and privileges of employment.

Criminal and Sexual Offender Records Information. The Town of Whately adheres to laws regarding Criminal and Sexual Offender Record Information checks.

(1)

CORI. The Criminal Offender Record Information (CORI) system is administered by the Massachusetts Criminal History Systems Board (Board). Passing a CORI requirement are for those including, but are not limited to, applicants for positions that have unmonitored access to children, people with disabilities, or the elderly. Also, the Town can apply to the Board for CORI authorization for any position it deems appropriate. The Town will only request CORI information after an offer is made to a candidate and the candidate has accepted.

(2)

SORI. The Sexual Offender Registry Board administers the Massachusetts Sexual Offender Registry. The Board keeps a database of convicted sex offenders and classifies each offender so that the public may receive information about dangerous sex offenders who live or work in each community. The Town will only request SORI information after a conditional offer of employment is made to a candidate.

Any individual whose relationship to the Town community or work may include close or unsupervised contact with children, people with disabilities, or the elderly shall be subject to both a CORI and a SORI check.

Driver's license and driving record verification. Any employee whose work for the Town entails the operation of a motor vehicle must maintain a valid driver's license and must inform their supervisor within 48 hours of any loss of license or restrictions that would impact their ability to perform their job functions. Failure to inform the supervisor of changes to license status may result in disciplinary action.

Eligibility to work in the united states. All employees are required to provide, within 72 hours of employment, documentation which indicates that they are legally authorized to work in the United States, as documented on the I-9 Form. The I-9 Form must be signed prior to beginning work on the first day of employment.

Provision of employee references. The Town will not furnish references over the telephone or in writing without the express written permission of an employee, including a statement holding the Town of Whately harmless from any liability resulting from such recommendation.

Employee resignation. All employees are expected to be ethically responsible by giving enough notice of the employee's intent to resign to allow for the smooth functioning of their department and/or completion of their assigned tasks is not jeopardized. The Town requests a one-month notice for managerial employees and two weeks' notice for all other employees.

Termination of employment. The Town reserves the right to terminate an employee's employment at any time and for any reason not prohibited by law.

§ 209-3 Compensation.

Job descriptions. The Personnel Committee is responsible for preparing job descriptions for each position in the Town that describe the essential functions, authority and responsibilities of each position. The job descriptions are intended to be descriptive and not restrictive and shall be reviewed periodically to determine whether changes are necessary. The Personnel Committee shall submit the job descriptions and any proposed changes to existing job descriptions to the Selectboard for approval.

Compensation.

(1)

Annual recommendation. The Personnel Committee shall be responsible for preparing a recommended rate of pay schedule for all Town positions that receive compensation. The recommendation of the Personnel Committee shall be presented to the Selectboard and Finance Committee Annually.

(2)

Wage adjustment criteria. When reviewing the wages and salaries of Town employees and officials, the Personnel Committee shall consider and gives as much weight as it may deem desirable to the following:

(a)

The financial policies of the Town.

(b)

The economic condition of the Town.

(c)

Rates of pay for similar positions in nearby comparable municipalities.

(d)

Rates of pay for similar jobs in private commercial and business establishments in the region.

(e)

Other benefits received by Town employees.

(f)

Work performance of each Town employee.

(3)

Wage adjustment process.

(a)

Department heads and supervisors shall evaluate each of their employee's performance and recommend any wage or salary increases to the Personnel Committee by January 1st of each year.

(b)

The Personnel Committee will evaluate each recommendation along with an evaluation of the rates of pay for similar positions in nearby comparable communities.

The Personnel Committee shall annually make its recommendation on wage adjustments to the Selectboard and Finance Committee during the annual budget process.

(4)

Cost of living adjustments.

(a)

The Personnel Committee shall be responsible for preparing a recommendation on whether a cost-of-living adjustment is warranted for all Town positions that receive compensation. The Personnel Committee may take into consideration the economic condition of the Town, levels of inflation, labor market conditions, decisions of nearby comparable communities and other factors the Personnel Committee deems relevant.

(b)

The Personnel Committee shall annually make its recommendation on the cost-of-living adjustment to the Selectboard and Finance Committee during the annual budget process.

(5)

Periodic review.

(a)

The Personnel Committee shall periodically evaluate the amount and method of compensation of Town officials who receive a fee or portion of a fee for services, inspection of other responsibilities performed as a part of their official duties to ensure that these methods of compensation are equitable.

(b)

The Personnel Committee shall periodically evaluate the salary and method of compensation of those who serve in offices filled by popular election.

Pay period and direct deposit. The pay day and pay frequency (weekly, bi-weekly, etc.) shall be established by the Treasurer-Collector upon approval by the Selectboard. All Town employees will receive paychecks on the established pay day unless complications prohibit payment (snow, storms, etc.). In this instance, pay checks will be issued to employees as soon as possible but not exceeding six days per MGL c. 149 § 148. Any proposed changes to regular work week pay frequency and/or regular pay day shall require a minimum of 90 days' notice to all employees.

Payroll deductions. The Town agrees to deduct items authorized under Section 17A and 17B of Chapter 180 of the Massachusetts General Laws, as amended, and other items as authorized by the Town Administrator (union dues, annuities, credit union, etc.).

Overtime, compensatory time and informal compensatory time.

(1)

Authorization. Department Heads are responsible for the control and authorization of overtime, compensatory time, and informal compensatory time. All work that would result in overtime or compensatory time must be pre-approved by the immediate supervisor and shall be charged to the budget for which the extra time was worked. All overtime, compensatory time and informal compensatory time is subject to available budget appropriation.

(2)

Overtime pay (non-exempt employees). Overtime pay shall be in accordance with the Fair Labor Standards Act (FLSA) of 1938 as amended and the regulations promulgated thereunder.

(3)

Compensatory time (non-exempt employees).

(a)

The Fair Labor Standards Act (FLSA) of 1938, as amended, and the regulations promulgated thereunder, permits non-exempt employees to earn compensatory time at a rate of time and 1/2 for actual hours worked over 40 hours in a week, in lieu of receiving overtime compensation.

(b)

If non-exempt hourly employees are required to work more than their scheduled hours, but less than 40 in a work week, they may accrue an hour for each hour worked in excess of their regular weekly schedule, and 1 1/2 hours for those hours worked above 40.

(c)

FLSA compensatory time shall be accrued. No more than a maximum of 150 compensatory hours may be accrued for full-time regular employees and a pro-rated equivalent for part-time employees based on the number of hours regularly worked out of a forty-hour work week.

(d)

Hours worked shall be defined as hours physically worked, vacation time, holiday time and compensatory time.

(e)

Compensatory time earned and used must be included on timesheets submitted by the employee.

(f)

An employee is eligible to be paid for all compensatory time upon termination or retirement.

(4)

Informal compensatory time (exempt employees).

(a)

The Selectboard or other appointing authority may authorize exempt employees to earn informal compensatory time on a one-to-one basis. The Selectboard or other appointing authority must notify the Treasurer/Collector in writing of its approval of the informal compensatory time arrangement for an individual employee.

(b)

Informal compensatory time shall be accrued. No more than 150 informal compensatory hours may be accrued in any fiscal year for full-time regular employees and a pro-rated equivalent for part-time employees based on the number of hours regularly worked out of a forty-hour work week. Any hours worked over the 150-hour cap by an exempt employee will not be compensated.

(c)

Hours worked shall be defined as hours physically worked, vacation time, holiday time and compensatory time.

(d)

Informal compensatory time earned and used must be included on timesheets submitted by the employee.

(e)

An employee is eligible to be paid for all compensatory time upon termination or retirement.

Call back pay. Any regular, full-time employee called into work during non-scheduled hours shall be paid for a minimum of three hours at 1 1/2 times the employee's pay rate except when any part of the three hours continues into their regularly scheduled hours. In such cases employees will be paid 1 1/2 times the employee's pay rate for the hours worked prior to their regularly scheduled hours.

Pay for temporary assignments. When an employee is temporarily assigned to a position with a higher pay rate for 40 or more consecutive work hours, then they shall be granted a pay increase equal to the pay rate for that position for the duration of the temporary assignment.

Longevity pay. After 10 years of satisfactory service, regular, benefitted employees shall be paid a lump sum amount of $250 at the beginning of each fiscal year on an annual basis.

Flexible time. With the prior approval of the supervisor, exempt and non-exempt employees may work a flexible schedule within a pay period if done for the operational efficiency of the Town. For example, if an employee needs to cover an evening meeting and would like to reduce hours on another day within the same pay period, the supervisor may authorize such a change.

Meal period.

(1)

It is the policy of the Town of Whately to comply with all applicable federal and state meal and break period laws and regulations. In general, employees who are scheduled to work at least six continuous hours are permitted to take a 1/2 hour (30-minute) meal period. In some cases, if employees work longer than eight hours, a second 1/2 hour meal period may be provided. Meal periods are not considered working hours, and employees are not paid for meal periods. When employees take their meal period, they are relieved from all job duties during that time.

(2)

Employees shall be entitled to paid meal periods if the employee is required to perform any job duties during meal periods or if the employee requests and the supervisor authorizes the employee to work during their meal period.

Break periods.

(1)

The Town permits employees working a minimum of six hours in a day to take two paid 10-minute breaks during the workday. Such breaks are scheduled with the supervisor or the department head on employees' first day of work. If employees need additional time for breaks, they should discuss such arrangements with their supervisor.

(2)

Nursing mothers are permitted to take breaks each time they need to express milk for up to one year of the child's birth and use the lactation room designated by the Town.

(3)

Lactation accommodations.

(a)

The Town does not discriminate against employees or applicants based on lactation or the need to express breast milk for a nursing child. The Town shall not take adverse action against employees who request or use reasonable accommodations for lactation or breast milk expression.

(b)

The Town will not deny reasonable accommodations for lactation or breast milk expression unless they create an undue hardship on the Town's programs, enterprise, or business. Reasonable accommodations can include more frequent or longer paid or unpaid breaks and private non-restroom spaces to express breast milk.

Violations of employer's meal and break period policy.

(1)

Employees who take unauthorized meal periods, extend authorized meal periods beyond approved limits, or work during meal periods without authorization are subject to discipline, up to termination, according to the discipline policy.

(2)

Employees who take unauthorized break periods or extend authorized break periods beyond approved limits are subject to discipline, up to and including termination depending upon the seriousness of the offense.

Travel expenses.

(1)

Mileage. Mileage for work-related travel will be reimbursed at the current IRS business mileage rate, as provided by the Town Accountant at the beginning of each fiscal year.

(2)

Parking and tolls. Parking and tolls shall be reimbursed based on the receipt with supervisor approval.

(3)

Meals. If required to travel for more than one day while on Town business, meals will be reimbursed based on the receipt with a limit of $10 for breakfast, $15 for lunch and $20 for dinner, with a maximum reimbursement of $45 per day. Higher amounts will be considered for reimbursement by the Town Administrator if allowed by federal or state travel guidelines. For employees whose work is usually performed in one primary office location, meals may also be reimbursed, with prior approval of the supervisor, at the same reimbursement rate described above, when they are attending meetings/events outside of the office. Tips and meal tax may be reimbursed as long as the total is within limits. No reimbursement will be made for alcoholic beverages.

(4)

Other expenses. Any other business travel-related expenses not expressly addressed in this policy must be pre-approved by the Town Administrator or department head. The Town Administrator has the authority to approve travel if pre-approval was not possible due to unforeseen emergencies or other factors.

§ 209-4 Employee benefits.

Health insurance.

(1)

Full-time regular employees and eligible part-time employees (those regularly working 20 hours a week or more) are entitled to health insurance through a group policy held by the Town. The Town currently contributes a percentage of the premium costs of plans (depending on the plan selected — HMO 75% and PPO 70%) available to Town employees. The employee pays the balance through payments deducted directly from their paycheck. The Town and employee premium contributions are subject to change by Selectboard vote. This coverage will continue for one month after termination of employment. COBRA rights and requirements may then apply.

(2)

Additional life insurance, vision insurance, and other voluntary coverage can be purchased on an employee-pay-all basis (no contribution to premium by the Town).

(3)

Any employee who is deemed eligible to participate in the Town's group insurance policy at the time of their retirement may choose to participate with the Town contributing 50% of the premium for a single plan. If the retiree has children under the age of 26 at the time of their retirement, the Town will contribute 50% of the plan the employee was on. The plan will automatically be converted to a single plan when the retiree no longer has any eligible children. All retirees are required to join Medicare Part B. Retirees may join the group insurance plan at open enrollment or after a qualifying event.

COBRA.

(1)

The Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1986, as amended contains provisions giving certain former individuals the right to temporary continuation of health coverage at group rates.

(2)

COBRA coverage is available in specific instances for a period of up to 18 months and entirely at the employee's cost and the Town's administrative fee. If payment for coverage becomes delinquent, coverage may end.

(3)

When and if an employee or a dependent becomes entitled to COBRA benefits, they will receive a notice stating their right to continue benefits provided by the group health plan carried by the Town and will then have 60 days to choose coverage or lose all rights to continuation of coverage. Once COBRA coverage is chosen, the individual will be required to pay the full premium.

Unemployment insurance. The Town of Whately pays the unemployment cost established by the Commonwealth of Massachusetts, to eligible employees. The Massachusetts Department of Unemployment Assistance (DUA) determines an employee's eligibility and benefit amounts.

Retirement and pension benefits.

(1)

The Town shall adhere to the rules and regulations promulgated by the Public Employee Retirement Administration Commission (PERAC) and the Massachusetts General Laws. For additional information and procedures, contact the Franklin County Retirement System directly. All permanent employees working 20 hours or more per week on a regular basis must belong to the Franklin Regional Retirement System.

(2)

Effective from January 1, 1996, no temporary employees or employees working less than 20 hours per week on a regular basis shall be considered eligible for membership in the system unless grandfathered in. Any temporary or part-time employee hired after January 1, 1996, who later becomes eligible for membership shall have the option of buying back creditable service time at the rate proportionate to actual time worked.

(3)

Elected officials may choose to become members as provided by Massachusetts General Law Chapter 32. Elected officials are eligible to become members of the retirement system if they earn compensation of $5,000 or greater per year.

Health Insurance Portability and Accountability Act. It is the policy of the Town to comply with the applicable regulations of the federal Health Insurance Portability and Accountability Act (HIPAA) of 1996. The Town shall limit the use of and access to Protected Health Information which is held by the Town or its lawful agents. Protected Health Information is any written, oral, or electronic form of information relating to a person's past, present, or future health condition, delivery or payment of health services that identifies an individual or where there is a reasonable basis to believe the information could be used to identify an individual. Administrative, technical, and physical safeguards established to limit use and access to protected health information are stated as an integral part of this policy, established as part of daily operating procedures and will be maintained by all responsible staff and representatives of lawful agents and business associates of the Town.

§ 209-5 Leave benefits.

Vacation, personal, holiday and sick time is available for full-time employees and benefited part-time employees and is accrued on a pro-rated basis based on their regularly scheduled work week out of a 40-hour work week.

Paid holiday leave.

(1)

Full time employees are granted eight hours of holiday leave for each holiday, except for the Christmas Eve Day 1/2 holiday which grants four hours of holiday leave. Part-time employees regularly working 20 hours a week or more are granted holiday paid time off on a pro-rated basis based on their regularly scheduled work week out of a 40-hour work week.

(2)

Paid holiday leave shall be granted for the following holidays:

New Year's Day	Juneteenth Day
Martin Luther King Day	Veteran's Day
President's Day	Thanksgiving Day
Patriot's Day	Friday after Thanksgiving
Memorial Day	Birthday Day*
Independence Day	Christmas Eve Day (1/2 Holiday) +
Labor Day	Christmas Day
Columbus Day

*	Birthday Day Holiday – All eligible employees may take a Birthday Day holiday. The Birthday Day holiday must be taken during the month of the employee's birthday, or it expires.
+	Christmas Eve Day (1/2 Holiday) – All eligible employees may take a Christmas Eve Day 1/2 holiday only when Christmas Eve Day falls on a Monday, Tuesday, Wednesday, or Thursday.

(3)

Holidays that fall on Saturday will be observed on the employee's last regular workday immediately prior to the holiday. Holidays that fall on Sunday will be observed on the employee's next regular workday immediately following the holiday.

(4)

Holidays that fall on days that an employee is not normally scheduled to work will be observed on either the employee's last regular workday immediately prior to the holiday or the employee's next regular workday immediately following the holiday.

(5)

Unless approved otherwise by the employee's immediate supervisor, holiday time will be used as provided in this policy.

(6)

When an employee is required to work on one of the paid holidays listed in this policy (excluding the Birthday Day Holiday) then the employee will receive compensatory time or pay at the rate of two times the employee's normal hourly rate for the period of the holiday worked. If the employee does not choose compensatory time, then the employee shall be paid two times their pay rate for the holiday period.

(7)

Because of the unique needs of the Police Department, the supervisor may permit the benefitted employee to work the holiday and take another day off in its place at the normal rate and hours (i.e., not at twice the normal rate).

(a)

Employees may request time off to observe other cultural and religious holidays, not listed above, however, such time will be unpaid unless the employee elects to use other appropriate paid leave time.

Paid vacation leave.

(1)

Eligibility. Full-time employees shall accrue vacation leave based on length of service and in accordance with the table below. Benefitted part-time employees shall accrue vacation leave based on the length of service and on a pro-rata basis based on the number of hours worked out of a 40-hour work week.

Length of Service	Vacation Leave Earned (hours)
Length of Service	Each Fiscal Year	Each Pay Period
Less than 5 years	80	3.077
5 years and less than 10 years	120	4.615
10 years and less than 20 years	160	6.154
20 years and longer	200	7.692

(2)

Calculating length of service. Employees regularly scheduled to work 20 hours or more per week (a minimum of 1,040 hours per annum) for 365 days shall be entitled to one year of service. Employees regularly scheduled to work less than 20 hours per week for 365 days shall be entitled to half a year of service.

(a)

Employees who leave the Town's employ for military service and return to the Town's employ at the completion of such service shall be given credit towards vacation for the time in service.

(3)

Approval. Supervisors will make every effort to allow employees to take their vacation when they wish. However, the Supervisor reserves the right to deny vacation for a specific period if it is not deemed to be in the best interest of the Town. When an employee requests vacation leave, the supervisor and/or appointing authority will approve vacation requests for such time(s) that best serves the public interest. Should two employees request leave for the same time period, the employee who has seniority will take precedence.

(4)

Probationary period. A new employee shall accrue vacation leave during their probationary period. A new employee will be allowed to use accrued vacation leave only after the end of a successful probationary period.

(5)

Carryover. At the end of each fiscal year, employees shall be allowed to carry over to the next fiscal year a maximum of 80 hours of paid vacation leave. Pro-rated employees are allowed to carryover a maximum of 44 hours of paid vacation leave to the next fiscal year. Employees who carry over a maximum amount of vacation leave will still accrue vacation leave during the upcoming fiscal year. If at the end of the fiscal year an employee has more vacation leave than the maximum allowed such vacation leave is lost. Due to extenuating circumstances the Selectboard may allow an employee to carryover of an additional 40 hours of vacation leave for a total of 120 hours.

(6)

Termination. Employees who resign or retire in good standing will receive compensation equivalent to earned paid vacation leave, provided they have been in the continuous service of the Town for six months. An employee cannot receive pay in lieu of taking vacation time unless the employee is retiring or resigning from their position.

(7)

Creditable service for prior experience. New employees of the Town who have prior full-time or part-time employment experience that is directly relevant and related to the job at the Town may be entitled to receive creditable service time towards paid vacation leave at the discretion of the Selectboard or other Appointing Authority. Such leave may not be used during the employee's probationary period.

Paid personal leave.

(1)

Eligibility. Regular full-time employees are granted 16 hours of paid personal leave per fiscal year. Benefitted part-time employees are granted paid personal leave hours on a pro-rata basis based on the number of hours regularly scheduled to work out of a 40-hour work week. Personal leave may be taken only in half-day or full-day increments.

(2)

Approval. Personal leave is different from vacation leave in that it does not require advance approval and that it is offered to allow employees time to handle personal matters during the normal business day.

(3)

New employees. In the first year of employment, personal days are only granted in accordance with the following schedule. One day is available for use as of the date of hire. One additional day will accrue if the employee is working in the first pay period after completing six months of service.

(4)

Carryover. Personal days may not be carried over to the following fiscal year.

(5)

Termination. Personal days are not compensable upon termination, resignation, or retirement.

Small Necessities Leave Act (SNLA) policy. The Town will comply with the provisions of the Small Necessities Leave Act which mandates that employers permit eligible employees to take up to a total of 24 hours of unpaid leave within a rolling 12-month period.

(1)

Allowable purposes. The SNLA permits an employee to leave for the following purposes:

(a)

To participate in school activities directly related to the educational advancement of a child of the employee, such as a parent-teacher conference or interviewing for a new school;

(b)

To accompany a child of the employee to routine medical or dental appointments, such as check-ups or vaccinations;

(c)

To accompany an elderly relative of the employee to routine medical or dental appointments or appointments for other professional services relating to the elder's care, such as interviewing at nursing or group homes.

The 24 hours may be taken within the 12-month calendar year period and the time may be taken on an intermittent (i.e., two hours to attend a parent-teacher conference) or reduced-time schedule. Unused SNLA leave does not accrue from year to year.

Paid sick leave.

(1)

Coverage. Full-time and Part-time employees regularly working 20 or more hours per week are entitled to paid sick leave as provided herein.

(2)

Policy. The intent of the paid sick leave policy is to provide salary continuation during an employee's reasonable period of absence due to bona fide illness or injury. An employee shall be entitled to sick leave only when the employee is incapable of performing duties due to personal sickness, injury, or a quarantine by public health authorities.

(3)

Eligibility. Each regular full-time employee shall accrue paid sick leave at the rate of 3.077 hours per pay period for a total of 80 hours each fiscal year. Part-time employees shall be entitled to sick leave on the same basis as full-time employees, provided, however, that such leave shall be prorated according to the number of hours of work per 40-hour work week in which such employee is regularly scheduled to work. Contract employees are not eligible for sick pay.

(4)

Probationary period. A new employee will accrue paid sick leave during their probationary period at the rate specified in Subsection E(3). The use of paid sick leave during an employee's probationary period will require a physician's certificate to be submitted to the Department Head or the Town Administrator. Use of sick leave beyond the accrued amount during the probationary period will be unpaid.

(5)

Maximum and carryover. Earned paid sick leave may be accumulated up to a maximum cap of 720 hours for full-time employees and 360 hours for part-time employees. Such amounts may be carried over from fiscal year to fiscal year. Any additional sick leave earned beyond the 720 hours will not accrue.

(6)

Allowable uses. Sick leave is for protection of employees against loss of pay due to personal illness. However, sick leave may be used by an employee for illness of a dependent child, spouse, or other direct family members. Additional time for this reason may be arranged on an individual case-by-case basis with the Town Administrator.

(7)

Extension of sick leave. Extended unpaid sick leave may, at the discretion of the Town Administrator or Appointing Authority, be granted to an employee after all an employee's sick leave and vacation leave has been used subject to receipt of a physician report.

(8)

Notification. Sick leave will commence on the date that notification of the employee's sickness, injury or quarantining is given to the Department Head by the employee or the employee's family or physician.

(9)

Certification of illness. After four consecutive days of absence or after a series of repeated absences during the years of employment, a department head/supervisor may request a physician's statement, which certifies the employee's ability or inability to perform the essential functions of their position. Additionally, the department head may arrange for a Town-retained physician to examine an employee and submit a medical evaluation.

(10)

Termination/retirement. Upon termination of employment with the Town, all paid sick leave benefits, accumulated or otherwise, shall cease. In the case that an employee retires in good standing from the Town of Whately with a least five years of service, full-time employees will receive one day of paid sick leave for each full year of service to the Town from their anniversary date as long as the employee has sufficient sick time accumulated. Part-time employees will receive pro-rated sick leave for each year of service from their anniversary date as long as the employee has sufficient sick time. This section does not preclude any entitlements under the Consolidate Omnibus Budget Reconciliation Act (COBRA).

Family and Medical Leave Act (FMLA). The Federal Family and Medical Leave Act of 1993, as amended ("FMLA" or "the Act"), entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave each year for specified family and/or medical reasons.

The Town's full FMLA Policy is attached to these policies.

Parental leave.

(1)

Pursuant to the Massachusetts Parental Leave Act, MGL c. 149, § 105D, an employee who has been employed for at least three continuous months, upon request, shall be granted up to eight workweeks of unpaid leave for the purpose of the birth of a child or for the placement of a child under the age of 18 (or under the age of 23 if the child is mentally or physically disabled) for adoption. Any such leave granted pursuant to the Massachusetts Parental Leave Act shall run concurrently with an employee's FMLA entitlement, if any.

(2)

The Parental Leave Act provides for unpaid leave. However, an employee may elect to use any available accrued vacation, personal or sick leave benefits, provided the use of such time is in accordance with the employer's leave policies.

(3)

The Town may require that written certification or documentation support a request for leave under the Parental Leave Act.

(4)

The Town's full Parental Leave Policy is attached to these policies.

Pregnant Workers Fairness Act. The Pregnant Workers Fairness Act ("the Act"), MGL c. 151B, § 4, prohibits employment discrimination based on pregnancy and pregnancy-related conditions. It also sets forth employers' obligations to employees that are pregnant or lactating and the protections these employees are entitled to receive. The Town shall not treat employees or job applicants less favorably than other employees based on pregnancy or pregnancy-related conditions and shall accommodate pregnant workers.

The Town's full Pregnant Workers Fairness Policy is attached to these policies.

Leave for victims and family members of domestic abuse.

(1)

Allowable uses. In accordance with the provisions of MGL c. 149, § 52E, employees may take up to 15 days of unpaid leave in any 12-month period in the following circumstances:

(a)

The employee, or a family member of the employee, is a victim of abusive behavior;

(b)

The employee is using the leave from work to seek or obtain medical attention, counseling, victim services or legal assistance; secure housing; obtain a protective order from a court; appear in court or before a grand jury; meet with a district attorney or other law enforcement official; or attend child custody proceedings or address other issues directly related to the abusive behavior against the employee or family member of the employee; and

(c)

The employee is not the perpetrator of the abusive behavior against such an employee's family member.

Employees may elect to use any accumulated benefit time, including sick time, for this leave. If the employee has no accumulated leave time, the time taken will be unpaid.

(2)

Notice. Except in cases of imminent danger to the health or safety of an employee, an employee seeking leave from work under this section shall provide appropriate advance notice. The employee may communicate such notification via a family member of the employee, an employee's counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate, or other professionals who have assisted the employee. If an unscheduled absence occurs, an employee has 30 days to provide documentation evidencing that the employee or employee's family member has been a victim of abusive behavior.

(3)

Confidentiality. All information related to the employee's leave under this section shall be kept confidential by the employer and shall not be disclosed, except to the extent that disclosure is:

(a)

Requested or consented to, in writing, by the employee;

(b)

Ordered to be released by a court of competent jurisdiction;

(c)

Otherwise required by applicable federal or state law;

(d)

Required during an investigation authorized by law enforcement, including, but not limited to, an investigation by the attorney general; or

(e)

Necessary to protect the safety of the employee or others employed at the workplace.

Bereavement.

(1)

Following the death of a family member, employees are entitled to paid leave of up to five days. A family member is defined as follows: spouse, significant other, life partner, father, stepfather, mother, stepmother, child, stepchild, foster child, brother, stepbrother, sister, stepsister, daughter-in-law, son-in-law, mother-in-law, father-in-law, grandparent, grandchildren.

(2)

A maximum of one funeral day leave shall be granted to attend the funeral of the employee's (or the employee's spouse's) aunt, uncle, niece, nephew.

Jury duty. An employee who is subpoenaed by a Federal Court, State Court, or political subdivision to serve as a juror is granted leave for this purpose. The Town will pay the employee the employee's current salary. If the employee receives compensation for serving the employee shall report said amounts and-such funds shall be deducted from the employee's pay. If an employee serves as a witness in a work-related case, such time is considered work time.

The Town's full Court Attendance Policy is attached to these policies.

Military. Military leave shall be administered in accordance with the provisions of MGL c. 33, § 59, the Veterans Reemployment Act, 38 USC, § 4301 and in compliance with other state and federal statutes such as USERRA.

Unpaid leave.

(1)

Leave without pay may be granted to employees who have satisfactorily completed their probationary period upon approval by the Selectboard for reasons not otherwise addressed in these policies. The request for such leave must be submitted in writing, clearly stating the reason for such request. Leave without pay will only be approved for extraordinary situations. If approved, a notification will be given to the employee's supervisor, and a copy of the request added to the employee's personnel file.

(2)

Employees on leave without pay shall not accrue any form of earned leave or be compensated for holidays. The time of absence will not count toward creditable service for vacation time earned or toward longevity.

(3)

Employees on leave without pay may continue their health insurance and life insurance coverage by paying the full cost in advance every month, for the time missed.

Professional development. Employees attending workshops and professional conferences is recognized by the Selectboard as being in the best interests of the Town. Attendance at such workshops and conferences by the employee must be authorized by the employee's supervisor in advance. The reasonable and necessary expenses for the employee to attend the workshop or conference will be paid from the authorizing department's budget subject to funds being available.

Job related educational programs. The Town will reimburse employees for the reasonable and necessary expenses incurred for participation in job required educational programs. To receive reimbursement the employee must have received the prior approval of the employee's supervisor, submitted a reimbursement request form along with evidence showing the successful completion of the program, and the department's budget must have sufficient funds available.

§ 209-6 Workplace policies.

Attendance policy statement. Good attendance is an essential function of every employee's job. Patterns of attendance abuse, such as frequent absences on Fridays and/or Mondays, will be scrutinized closely. Employees will be subject to progressive discipline up to and including termination. If an employee exhausts all their accrued leave and has not been granted additional leave for an essential and lawful purpose as determined by the Town Administrator, they will be on unauthorized leave and will be subject to disciplinary action, up to and including termination.

Ethics and conflict of interest.

(1)

Ethics policy statement. All persons employed by the Town hold a position of public trust and, as a result, are expected to conduct themselves in a highly ethical and appropriate manner. Employees shall avoid any action that might create the impression of using public office for private gain, giving preferential treatment to any person, or losing impartiality in conducting Town business. Employees are expected to adhere to conduct established by the laws of the Commonwealth, including Chapter 268A, the Massachusetts Conflict of Interest statute.

(2)

Conflict of interest policy. The purpose of this policy is to ensure that employees and officials comply with the requirements of MGL c. 268A, which governs conduct as a public official or public employee. It is the policy of the Selectboard to require compliance with the provisions of this law and for all employees to complete mandatory biannual training required by the Commonwealth.

The Town's full Conflict of Interest policy is attached to these policies.

Nepotism. It is the policy of the Selectboard to ensure that municipal employees' private relationships do not conflict with their public obligation to act objectively and with integrity. It is the Town's objective to prevent a municipal employee from becoming involved in a situation which could result in a conflict or give the appearance of a conflict.

The Town's full Nepotism Policy is attached to these policies.

Political activity. The Federal Hatch Act, as well as the Massachusetts Office of Campaign and Political Finance (OCPF), restricts political activities of public employees. During work hours, employees may not work, or be assigned to work for or on behalf of a political candidate or activity, or participate in other political activity such as lobbying, collecting funds, making speeches, assisting at meetings, or distributing political pamphlets. Under no circumstances may an employee participate in any form of fundraising for a political candidate or activity during work time. All employees shall comply with the Hatch Act and OCPF requirements. Furthermore, no employee shall use Town property or equipment for political activities at any time.

Outside employment. Outside employment is permitted so long as the employment does not interfere with the employee's work schedule or the efficient operations of the Town. Employees are expected to fulfill their schedules with the Town and may not change their schedules to work for another entity. Any questions regarding outside employment should be discussed with the Town Administrator.

Solicitations. Solicitation of employees in working areas during working time is prohibited. Town employees may leave fundraising materials and promotional materials in a break room, for things such as fundraising walks, Scouting popcorn, daffodils for the seniors, etc. Supervisors are not allowed to directly solicit the purchase of materials by subordinates, including any fundraising activities. No employee may solicit for or post materials for personal gain, such as crafts, artisan, greeting cards, Avon, online products, etc.

Open Meeting Law. The Town complies with the Massachusetts Open Meeting Law. Questions concerning the Open Meeting Law should be directed to the Town Clerk.

Town property. The use of Town property and personnel for any personal use whatsoever is prohibited unless otherwise specified in these policies.

Fraud. The Town requires all staff to act honestly and with integrity and to safeguard the resources for which it is responsible. Fraud is a threat to the resources and credibility of the Town. The purpose of this statement is to set out responsibilities regarding the prevention of fraud and the procedures to be followed if fraud is detected or suspected.

The Town's full Fraud Policy is attached to these policies.

Whistleblower protection.

(1)

This policy is adopted pursuant to and in accordance with the Massachusetts Whistleblower Protection Act, 1992, Massachusetts General Laws, Chapter 149 (the "Act") and Federal Whistleblower Act of 1989 and is designed specifically to protect such conduct and provide such remedies as are outlined in the Act. It is the policy of the Town:

(a)

To encourage the reporting by its employees of improper governmental action taken by Town officers or employees; and

(b)

To protect Town employees who have reported improper government actions in accordance with this policy.

(2)

The Town's full Whistleblower Protection policy is attached to these policies.

Severe weather closing.

(1)

It is the policy of the Town to maintain regularly scheduled work hours at Town Offices except for conditions that would adversely affect the safety of employees. In doing so, the Selectboard recognizes weighing the need to have Town Offices open to serve the public, against the potential for personal injury associated with travel during severe weather.

(2)

The policy is intended to ensure a consistent and uniform approach across all Town Departments when the Town Administrator determines that non-emergency services will be reduced or cancelled.

(3)

The Town's full Emergency Closing (Severe Weather) Policy is attached to these policies.

Drug-free workplace. It is the policy of the Town to provide a drug-free workplace for all its employees in accordance with the provisions of the United States Drug-Free Workplace Act of 1988 (PL 100-690 or 41 U.S.C.S. 701-707).

The full Drug-Free Workplace policy is attached to these policies.

Alcohol and drug use. In addition to the provision of the Drug-Free Workplace Act. The Town will take disciplinary action against employees who are under the influence of alcohol or drugs while on duty. Employees are expected to arrive at work able to perform their essential functions. If for any reason, including the prescription of medication, an employee is not able to perform the essential functions of their position, they must inform the supervisor and not come to work.

Smoking. Smoking is prohibited on all Town property and all work locations.

Safety belts. In accordance with state laws, all personnel are required to wear safety belts when operating or riding in Town-owned or leased vehicles or other vehicles, including personal vehicles, while engaged in Town-related business.

Cell phone use and texting while operating a vehicle. Employees shall comply with all federal and state laws regarding the usage of cell phones, texting and other electronic and/or telecommunicating equipment while operating a vehicle, while engaged in Town-related business.

The full Information Technology Resources Policy is attached to these policies.

Town vehicle policy. It is the policy of the Town of Whately that certain positions require employee access to Town Vehicles, either during the work shift or on a 24-hour on-call basis. Town Vehicles are not Personal Vehicles and are not for personal use. Town Vehicles should be viewed as belonging to the residents of Whately and are assigned solely for purposes consistent with providing services to those citizens. Town vehicles must not leave Town unless for official Town business.

(1)

Eligibility and assignment for town vehicle. Employees are required to have a valid and appropriate motor vehicle license issued by the Commonwealth of Massachusetts and must show proof of such valid license to his/her Supervisor prior to being assigned a Town Vehicle. The assignment of Town Vehicles for 24-hour use will be made by the Selectboard and will only be considered for employees who require a vehicle for the ordinary and necessary discharge of their job functions. The following criteria will be used in the determination of eligibility for 24-hour vehicle use:

(a)

If an employee lives within two miles of the Town's borders.

(b)

Officially designated on-call status;

(c)

Requirement for frequent emergency availability during non-working hours;

(d)

Issuance of a pager or other communication device; and/or;

(e)

Emergency or other equipment contained in the vehicle.

Such Town Vehicle assignment may be rescinded in writing for good reasons or cause by the Selectboard.

(2)

Generally applicable rules and regulations for the use of Town vehicles and equipment.

(a)

Prior to the use of a Town vehicle a copy of the operator's Massachusetts driving record shall be obtained to verify the historical driving record of the operator. Driving records may be obtained annually thereafter. Driving records determined to be a safety concern by the Supervisor of the employee may result in the suspension of Town vehicle use privileges.

(b)

Town vehicles shall only be used for legitimate Town business.

(c)

Operators shall exercise sound judgment at all times when using assigned Town vehicles and should avoid the appearance of misuse.

(d)

The Massachusetts Ethics Code discusses unwarranted privileges. Using public equipment or resources for personal use constitutes use of an official position to obtain an unwarranted privilege not similarly available to others. Misuse of an assigned Town vehicle is an ethics violation.

(e)

Town vehicles will not be used to transport any individual who is not directly or indirectly related to municipal business. Passengers shall be limited to Town employees and individuals who are directly associated with Town work activity (committee members, consultants, contractors, etc.). Family members shall not ordinarily be transported in Town vehicles unless on official business. Police Officers may transport individuals in the performance of their normal job duties.

(f)

Town vehicles shall contain only those items for which the vehicle is assigned. The Town shall not be liable for the loss or damage of any personal property transported in the Town vehicle or for any personal property while using their personal vehicle for work-related travel.

(g)

Employees are expected to keep Town vehicles clean, and to report any malfunction, damage, needed repairs or other vehicle problems to their supervisors immediately.

(h)

Employees using Town vehicles are expected to park such vehicles in safe locations and to lock the car when not in use. Operators should never leave vehicles unattended with the ignition keys in the lock or anywhere in the vehicle.

(i)

Employees are to ensure that they and all passenger(s) in a Town vehicle wear seat belts at all times. Anyone driving a Town vehicle must be at least 18 years of age.

(j)

Employees may not operate Town vehicles or personal vehicles being used for work related travel, under the influence of alcohol, illegal drugs, or any controlled substances. All operators of vehicles that require a CDL license must be tested for drugs and alcohol as provided by US DOT regulations.

(k)

Employees operating a Town vehicle or a personal vehicle while on work related travel shall drive defensively and obey all applicable traffic and parking regulations, ordinances, and laws.

(l)

Employees who are issued citations for any offense while operating or using a Town vehicle must notify their Supervisor immediately when practicable, but in no case later than 24 hours after the issuance of an issued citation. Employees who incur parking or other fines in Town vehicles will be personally responsible for payment of such fines.

(m)

Smoking is not permitted in a Town vehicle in accordance with MGL c. 270, § 22.

(n)

It is the policy of the Town of Whately that no employee shall ride outside the passenger compartment of a vehicle. All individuals in Town vehicles must be seated inside wearing seatbelts. There will be no exceptions to this policy. This policy will be rigorously enforced. Failure to comply may result in disciplinary action.

(o)

Employees operating town vehicles shall comply with the Town's Ant-Idling Policy where applicable.

(p)

Employees are responsible for all IRS reporting requirements.

Injury, workers' compensation, and injured on duty.

(1)

In compliance with MGL Chapter 152, the Town provides a workers' compensation program for employees. A worker becomes eligible for weekly compensation/indemnity benefits when disabled due to an on-the-job injury or occupational illness and is incapable of earning full wages.

(2)

In all cases, whether an employee seeks medical treatment or not, an Initial Report of Injury Form and a Supervisor's Report must be completed within 24 hours of the initial injury or condition and submitted to their Department Head and the Town Administrator. Failure to notify the Town Administrator or designee may result in ineligibility for coverage and/or disciplinary action for failure to follow procedure.

(3)

If medical attention is sought, a medical provider's note is required to document the injury, the condition, prognosis, and ability to return to work. No employee who seeks medical attention is allowed to return to work without such documentation.

(4)

The Town will adhere to the provisions of MGL Chapter 152 concerning eligibility and case management and exercise its rights to manage claims.

(5)

Uniformed police and fire employees are covered under the provisions of MGL c. 41 §§ 100 and 111F and are entitled to the rights and benefits under this law.

Prevention of discrimination and non-harassment in the workplace. The Town promotes a workplace that is free of discrimination and sexual harassment. Discrimination and harassment of employees occurring in the workplace or other settings related to their employment is unlawful and will not be tolerated by the Town. Further, any retaliation against an individual who has complained about discrimination or harassment against individuals for cooperating with an investigation of a discrimination or harassment complaint is similarly unlawful and will not be tolerated. To achieve our goal of providing a workplace free from discrimination and harassment, the conduct that is described in this policy will not be tolerated and we have provided a procedure by which inappropriate conduct will be dealt with if encountered by employees.

The full Discrimination and Non-Harassment Prevention Policy is attached to these policies.

Workplace violence prevention. The purpose of this policy is to establish a Town standard that will encourage and foster a work environment that is characterized by respect and healthy conflict resolution; to reduce the potential for violence in and around the workplace; to mitigate the negative consequences for employees who experience or encounter violence in their work lives; and to ensure that appropriate resources are available to employees who may be victims of workplace violence or who may be perpetrators of workplace violence.

The full Workplace Violence Prevention policy is attached to these policies.

Conduct.

(1)

Town employees are expected to act honestly, conscientiously, reasonably and in good faith at all times regarding workplace issues concerning their responsibilities, the interests of the Town and the welfare of its constituents.

(2)

Employees have an obligation to be present at work as required and to be absent from the workplace only with proper authorization, to carry out their duties in an efficient, polite and competent manner, to maintain specified standards of performance, to comply with reasonable employer instructions on policies to work as directed, to respect the privacy of individuals and use confidential information only for the purposes for which it was intended, to neither use, nor allow the use of Town property, resources, or funds for other than authorized purposes, to incur no liability on the part of the Town without proper authorization, and, to maintain all qualifications necessary for the performance of their duties legally and efficiently.

(3)

Failure to conduct oneself in a manner consistent with the standards of conduct and policies included herein may result in disciplinary action being initiated against the offending employee. The Town shall utilize a fair and equitable process in reviewing an employee's alleged violation of these standards and policies and shall discipline the employee, if called for, in a manner appropriate given the violation. Disciplinary action resulting in suspension and/or termination of employment due to a violation of this policy shall be subject to the grievance procedures set forth within these policies.

(4)

The full Code of Ethics policy is attached to these policies.

§ 209-7 Computer, technology, internet, social media.

Access and control of Town's technology resources, equipment, and information.

(1)

The Town has established standards for the proper and allowed uses of the Town's telecommunications systems including telephones, email, facsimile machines (faxes), computers, cell phones, and the internet, including social media. The use of these capabilities and equipment is subject to the same management oversight as any other employee activity.

(2)

Email. Email is considered a public record and as such is subject to the requirements of the Public Records Law (MGL c. 66). Federal courts have also held that electronic mail is considered a record for purposes of the Federal Freedom of Information Act.

(3)

Appropriate use. E-mail and related online services are the property of the Town and are to be used for business matters directly related to the operational activities of the Town and as a means to further the Town's objective to provide efficient, complete, accurate, and timely services.

(4)

Users shall act professionally, properly identifying themselves, and shall ensure that they do not misrepresent themselves or the Town.

(5)

It is recognized that Town telecommunications systems will be used for some personal business and use during the workday, but such use should be limited.

(6)

The telecommunications systems shall not be used for:

(a)

Personal gain or to conduct personal business, political activity, fundraising activity, or charitable activity;

(b)

The transmission of materials used for commercial promotion, product endorsement or political lobbying;

(c)

To promote discrimination based on race, color, religion, national origin, ancestry, sex, age, disability, participation in discrimination complaint-related activities, sexual orientation, gender identity, genetics, or active military or veteran status; and other protected identities; or to promote personal, political or religious business or beliefs;

(d)

For any illegal activity, including but not limited to, the transmission of copyrighted or trade secret material, the transmission of obscene, defamatory, or threatening material, or the propagation of any criminal activity.

(7)

No user shall violate the computer security systems implemented by the Town.

(8)

No user shall pirate software or download and transfer software for which the user does not have the proper licensing.

(9)

All users are expected to undertake precautions to prevent infection of Town computers by computer viruses. Executable programs imported from other sites to Town computers may not be used unless they have been authorized by the Town Administrator, or designee, and have been subjected to the approved virus-detection procedures. Additional restrictions or regulations on the importing of remote files may from time to time be imposed, and such restrictions or regulations shall be considered part of this policy.

(10)

Users shall not engage in activities that could cause congestion and disruption of networks and systems, including but not limited to consuming excessive system resources. For security purposes, employees should either log off or revert to a password screen saver when leaving their computer for an extended period. When leaving for the day, employees should log off and power down all electronic equipment.

(11)

Personally owned devices used to 'officially' access Town email and/or data will be subject to the same security-related regulations.

Information technology resources general use policy.

(1)

The availability and use of information technology resources; ("Town ITRs"), within the work environment has provided many opportunities for the enhancement of productivity and effectiveness. This policy is to further enhance the work environment by providing a computer system less prone to viruses and system breakdowns. This document formalizes the policy for all Town employees on the use of Town ITRs, including telephones, computers, printers and other peripherals, programs, data, local area network, e-mail, the Internet and social media. Use of Town ITRs by any employee shall constitute acceptance of the terms of this policy and any such additional policies. It is the responsibility of any person using Town ITRs to read, understand, and follow this policy. The Town specifically reserves the right to modify, change or discontinue any portion of this policy from time to time.

(2)

Information technology resources are provided to Town employees and are intended to facilitate the performance of regular assigned duties and therefore restricted to that purpose. Town employees are strongly urged to save all documents and files to their designated network directory (Google Drive) to ensure data is backed up daily and able to be restored in the event of software or hardware failure.

(3)

Employees who use the Internet/intranet on personal time can enhance their knowledge of electronic information resources and sharpen information technology skills. Personal time includes breaks, lunchtimes, and the time before and after scheduled work hours. By allowing use on personal time, the Town builds a pool of computer literate employees who can guide and encourage other employees. Employees performing job-related use will always have priority over those desiring access to resources for personal use.

(4)

Installation of or access to software for purely entertainment purposes is prohibited. Privately owned software may be loaded on Town computers, with the prior approval of the Town Administrator, if it is necessary for business purposes and is properly licensed. The person installing the software must be authorized to do so by the Town Administrator. The Town reserves the right to remove any such software if it conflicts with Town hardware, software or interferes with the ability of other employees to access or utilize the computer, Town network or occupies excessive storage space needed by the Town.

(5)

Town employees shall observe the copyright and licensing restrictions of all software applications and shall not copy or install software or other files from internal or external sources unless legally authorized by local, state or federal laws.

(6)

Any software for which proof of licensing cannot be provided is subject to removal. No material shall be downloaded or installed on a personal computer or network directory, including sound, video files and files attached to electronic mail (email) messages without first being scanned for viruses by the approved virus protection software.

(7)

All hardware enhancements or additions to Town-owned computer equipment must be approved by the Town Administrator or authorized agents of the Town. No employee is authorized to make any adjustments to Town owned computer equipment.

(8)

Town computer equipment shall not be utilized to operate a private business, participate in political activities or solicit money for personal gain.

(9)

Employees shall not allow unauthorized persons to use any Town owned computer equipment.

(10)

Employees shall follow the Computer Password Policy guidelines outlined in § 209-7C.

(11)

Streaming media services are allowed but are subject to Department Head approval. Since streaming data can consume network bandwidth availability, the Town reserves the right to limit this service at any time.

(12)

The respective Department Head is responsible for ensuring that any employee who will be given access to computers and Internet services has read this policy, has understood this policy's applicability to their activities, and has signed an agreement to abide by this policy. The Town will not give access to an employee unless it receives a copy of the agreement signed by the employee and the department head. A signed copy will be placed in the employee's personnel file.

(13)

All data existing within the Town information technology infrastructure is considered property of the Town and no assumption of privacy may be made. Employees who violate this policy may be subject to disciplinary action, up to and including discharge.

Computer password policy.

(1)

A policy on passwords is important to allow the Town to maintain a secure computing environment. The most vulnerable part of any computer system is the account password. No matter how secure it is from network, any computer system can be fully exploited by an intruder if he or she can gain access via a poorly chosen or maintained password.

(2)

For all access that requires a password, all users must follow the guidelines below: At a minimum, passwords are to be eight alphanumeric characters in length. Use at least one Capital letter, one lowercase letter and a number in the password.

(a)

All users must be made aware of the private nature of their password.

(b)

It is the responsibility of the user or Department Head to immediately inform the Town Administrator if disclosure is suspected.

(c)

Prompt notification must be given to the Town Administrator when an account must be removed from the system.

(d)

Accounts and passwords must not be shared.

(e)

Passwords must not be posted on monitors, blackboards, bulletin boards, or in any other location where they may be disclosed.

(f)

If a password has been seen, guessed or compromised, it must be changed immediately.

(g)

No reusable passwords shall be used to authenticate all incoming connections across networks not controlled by the Town (regular passwords are often stolen and reused when they pass across networks i.e., the internet).

(h)

To avoid breaches of security, employees should log off or lock any personal computer or terminal connected to the Town network whenever they leave their workstation unattended and unsecured.

(i)

DO use a password which includes non-alphabetic characters (digits or punctuation).

(j)

DO use a password that is easy to remember, so it does not need to be written down.

(k)

DO use a password that you can type quickly, without having to look at the keyboard.

(l)

DO NOT use your login name in any form (as-is, reversed, capitalized, doubled, etc.

(m)

DO NOT use your first, middle, or last name in any configuration.

(n)

DO NOT use your spouse's or child's name.

(o)

DO NOT repeat a single character more than two times.

(p)

DO NOT use other information easily obtained about you. This includes license plate numbers, telephone numbers, social security numbers, the make of your automobile, the name of the street you live on, etc.

(q)

DO NOT use a password of all digits, or all the same letters.

(r)

DO NOT use a word contained in English or foreign language dictionaries, spelling lists, or other lists of words.

(3)

Methods of selecting a password which adhere to these guidelines include:

(a)

Choose a line or two from a song or poem and use the first letter of each word.

(b)

Alternate between one consonant and one or two vowels, eight characters. This provides nonsense words which are usually pronounceable and thus easily remembered. Choose two short words and join them together with punctuation characters between them.

Internet/email policy.

(1)

This policy sets the standards for appropriate behavior of a Town employee when accessing the Internet or Email. This policy applies to all Town employees. The Town specifically reserves the right to modify, change or discontinue any portion of these guidelines from time to time.

(2)

As a condition of providing Internet and Email access to its employees, the Town places certain restrictions on workplace use of the Internet and Email. The Town encourages employee use of the Internet and Email.

(a)

To communicate with fellow employees and other contacts regarding matters within an employee's assigned duties;

(b)

To acquire information related to, or designed to facilitate the performance of regular assigned duties; and

(c)

To facilitate performance of any task or project in a manner approved by an employee's supervisor.

(3)

The employee's use of Internet and Email, provided by the Town, expressly prohibits the following:

(a)

Dissemination or printing of copyrighted materials (including articles and software) in violation of copyright laws;

(b)

Sending, receiving, printing or otherwise disseminating confidential information of the Town (not within the scope of your assigned duties or in a manner approved by an employee's supervisor) and/or offensive or harassing statements or language, including disparagement of others based on their race, national origin, gender sexual orientation, age, disability, religious or political beliefs;

(c)

Sending Email under another employee's name without authorization and/or changing any portion of a previously sent Email message;

(d)

Sending, receiving, printing or otherwise disseminating or soliciting jokes, images, or sexually oriented messages;

(e)

Operating a private business, participation in political activities, soliciting money for personal gain, or charitable activity not sponsored by the Town;

(f)

Sending chain letters, gambling or engaging in any other activity in violation of local, state or federal laws;

(g)

Use of abusive or objectionable language in either public or private messages; or

(h)

Occasional, incidental personal use of Email is permitted, but may be subject to monitoring.

(4)

Email and/or Internet messages and communication are not confidential or private, and within Massachusetts' law, are considered public documents. As a result, employees should use discretion in all Email communications. Employees should have no expectation of privacy in the use of their Email. The Town reserves the right to access for quality control purposes and/or violations of this policy, electronic and voice transmissions of employees and individuals conducting business for the Town.

(5)

All data existing within the Town IT infrastructure is considered property of the Town and no assumption of privacy may be made. Employees who violate this policy may be subject to disciplinary action, up to and including discharge.

Social media policy. The policy pertains to official ("Town") and non-official ("Personal") use of social media services and tools. The Town permits the use of social media sites as a means to disseminate information from the Town to the members of the public. Consequently, the Town has both an expectation and a responsibility regarding the integrity and presentation of information posted on its social media sites and the content that is attributed to the Town, its Departments and its officials.

(1)

Definitions.

POSTS or POSTINGS

Means the content, information, articles, pictures, videos, or any other forms of communication posted on a Town social media site.

SOCIAL MEDIA SITES

Means content created by individuals using publishing technologies through and on the internet. The types of content and examples of services to which this policy applies include, but are not limited to:

(a)

Media Sharing - Examples: YouTube, Flickr, iTunes;

(b)

Blogging/Microblogging - Examples: WordPress, Blogger, Twitter;

(c)

Social Networking - Examples: Facebook, LinkedIn, Ning;

(d)

Document and Data Sharing Repositories - Examples: Scribd, SlideShare, Socrata;

(e)

Social Bookmarking - Delicious, Digg, Reddit;

(f)

Widgets - Examples: Google Maps, AddThis, Facebook "Like";

(g)

Hashtags - Examples: "X" formerly known as Twitter, Instagram.

TOWN SOCIAL MEDIA SITES

Means social media sites and content which the Town establishes and maintains, except for content from advertisements or hyperlinks provided by the social media site's owners, vendors, or partners. Town social media sites do not replace the Town's required notices and standard methods of communication.

(2)

Guidelines.

(a)

The establishment of Town social media sites is subject to approval by the Town Administrator or his/her/their designee.

(b)

The Town reserves the right to edit the content of or terminate any Town social media site at any time without notice.

(c)

The content of Town social media sites shall only pertain to Town-sponsored or Town-endorsed programs, services, and events. Content includes, but is not limited to, information, photographs, videos, and hyperlinks.

(d)

All Town social media sites shall adhere to applicable federal, state, and local laws, regulations and policies.

(e)

Any content maintained on a Town social media site that is related to Town business, including a list of subscribers, posted communication, and communication submitted for posting, may be considered a public record.

(f)

Employees representing the Town on Town social media sites shall conduct themselves at all times as a professional representative of the Town and in accordance with all Town policies. These policies include but are not limited to the Town's Business Ethics and Conduct Policy and the Anti-Harassment policy.

(g)

Postings must contain information that is freely available to the public and not be proprietary or confidential as defined by any Town policy or state or federal law.

(h)

Any employee authorized to post items on any of the Town's social media sites shall review, be familiar with, and comply with the social media site's use policies and terms and conditions.

(i)

Any employee authorized to post items on any of the Town's social media sites shall not express his or her own personal views or concerns through such postings. Postings shall only reflect the views of the Town.

(j)

Town social media sites should use authorized Town contact information for account set-up, monitoring, and access. The use of personal email accounts or phone numbers by any Town employee is not allowed for the purpose of setting-up, monitoring, or accessing a Town social media site.

(k)

Absent prior authorization, postings to Town social media sites shall NOT contain any of the following:

[1]

Comments in support of, or opposition to, political campaigns, candidates or ballot measures;

[2]

Profane language or content;

[3]

Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, gender identity, marital status, military service, national origin, physical or mental disability, sexual orientation, as well as any other category protected by federal, state, or local laws;

[4]

Sexual content or links to sexual content;

[5]

Solicitations of commerce;

[6]

Conduct or encouragement of illegal activity;

[7]

Information that may tend to compromise the safety or security of the public or public systems; or

[8]

Content that violates a legal ownership interest of any other party.

(3)

Non-official/personal use.

(a)

Town employees who use social media and social networking services and tools for strictly personal use outside of the workplace do not require approval to do so. However, the Town recognizes that these types of tools can sometimes blur the line between professional and personal interactions. Therefore, employees are reminded that as representatives of the Town the above rules and guidelines must be taken into consideration when participating in these services at any time, particularly when identifying themselves as employees of the Town or when context might lead to that conclusion. Employees should use discretion and common sense when employing social media to help prevent inadvertently compromising professional, legal, or ethical standards.

(b)

Employees should refrain from using social media services and tools for personal use while on work time or when using Town provided equipment, unless it is work-related as authorized by the Department Head. Employees should have no expectation of privacy when using social media sites at the workplace, or when using Town computers, systems or other technology. The Town reserves the right to access, view and act upon any information on its computers, systems or other technology without notice.

(c)

In a publicly accessible forum, Town employees may not disclose any Town-related information that is not already considered public information. This rule applies even in circumstances where password or other privacy controls are implemented. Failure to comply may result in disciplinary action. This policy does not, however, prevent Town employees from discussing the terms or conditions of their employment, unfair labor practices, or otherwise exercising their rights to collective bargaining.

(4)

Non-compliance. Non-compliance with this policy may result in any or all of the following:

(a)

Limitation or revocation of individual or unit rights to use or participate in Town-related social media;

(b)

Removal of posts or social media accounts; and/or

(c)

Corrective or disciplinary actions and sanctions, as defined in the Town Personnel Policies.

Offensive electronic materials policy. Employees who receive offensive materials via any electronic medium, should follow the steps outlined below to ensure that appropriate preservation and corrective actions are taken. Offensive materials are defined as any published or broadcast content (such as articles, photographs, films, or websites) that is likely to be upsetting, insulting, or objectionable to some or most people.

(1)

Employee responsibilities. An employee who receives offensive materials should take the following actions;

(a)

Preserve the information by not deleting, altering, sharing or destroying the information;

(b)

Immediately contact your immediate supervisor, or if he/she is not available the Town Administrator;

(c)

Complete a Town of Whately Offensive Computer Materials Network Incident Report.

(2)

Supervisor responsibilities. Any supervisor who is informed of the receipt of offensive materials by staff should take the following actions;

(a)

Preserve the information by not deleting, altering, sharing or destroying the information;

(b)

Immediately contact the Town Administrator;

(c)

Document any actions taken; and

(d)

Complete a Town of Whately Offensive Computer Materials Network Incident Report.

(3)

The Town Administrator will take the following actions;

(a)

Ascertain if the Whately Police* should be contacted;

(b)

Preserve the evidence per IT and Police standards and ability;

(c)

Notify any employee(s) who may be impacted or have access to the offensive material(s) (i.e., an email with multiple recipients); and

(d)

Limit access to the offensive material to the greatest extent possible.

(4)

The Town Administrator will take the following actions;

(a)

Investigate the incident to identify the source of the offensive material(s);

(b)

Interview any employee(s) who were witnesses to the offensive material(s);

(c)

Document all information received; and

(d)

Submit a final report to the Selectboard.

* Contacting the Whately Police Department.

(5)

While this is not an exhaustive list of all the topics that may be deemed offensive, the following topics represent material that rise to the level to contact Whately Police immediately:

Threats of Violence;

Sexual Content;

Hate Speech;

Minors or Elderly;

Illegal Drugs; or

Imminent Threat of danger/destruction.

§ 209-8 Discipline, dispute resolution, grievance.

Discipline. It is the responsibility of all employees to observe the rules and regulations necessary for the proper operation of the Town. Supervisors are responsible for the proper and efficient application of these policies.

(1)

Responsibility. The Selectboard or the Appointing Authority (if not the Selectboard) is responsible overall for disciplinary actions involving Town employees in accordance with these policies. The Selectboard may assign responsibility for disciplinary actions to the Town Administrator or other supervisory staff as needed. The reasons for disciplinary action that may be imposed range from conduct or action that interferes with or prevents the Town from effectively and efficiently discharging its duties to the public to terminable misconduct. When discipline is necessary, the Town has the responsibility to ensure that such discipline is fair and consistent.

(2)

At-will employment/progressive discipline.

(a)

Notwithstanding the fact that Town employees are "at-will," depending on the severity and frequency of the circumstances, the Town may apply progressive disciplinary procedures. However, based on the nature of the offense, supervisors have the authority to apply verbal and written reprimands, or other appropriate disciplinary measures at any time for any reason. The Town reserves the right to use any or none of the disciplinary measures detailed below. As a guide and not as an exhaustive list, the actions listed below are not acceptable and may result in disciplinary action up to and including discharge:

[1]

Dishonesty.

[2]

Inappropriate conduct.

[3]

Deliberate abuse or damage to equipment, materials, buildings.

[4]

Insubordination.

[5]

Excessive absenteeism/tardiness.

[6]

Disclosure of confidential information.

[7]

Unauthorized absence.

[8]

Conviction of a felony.

[9]

Intentional misuse or unauthorized use of Town property.

[10]

Use of, possession of, or being under the influence of alcohol, or unlawful drugs during work hours.

[11]

Failure or refusal to carry out work or a training assignment.

[12]

Deliberately falsifying information on an employment application, timesheet, or another record.

[13]

Unauthorized possession of firearms or explosives during work hours.

[14]

Behavior that undermines the Town or tarnishes the Town's reputation.

(b)

Violations of the Town's Information General Uses Policy. When corrective and disciplinary action is imposed, it should be implemented in progressive stages from minor to severe. Such action is intended to be from a less severe to more severe corrective action to bring about the necessary change in work habits.

(c)

Discipline shall not be applied in an arbitrary or capricious manner. In some cases, however, actions or omissions, which have resulted or will result in harm to the community or members thereof, may require imposition of severe sanctions in the first instance.

(d)

Progressive disciplinary actions may include, but are not limited to oral reprimand, oral reprimand with notation to the personnel file, written reprimand, suspension with pay, suspension without pay, demotion and discharge.

(e)

Whenever any substantive material is inserted into the personnel file or records of an employee, such employee shall be given a copy of such material. The employee may respond to the material by filing a written statement/rebuttal which shall be attached to the original document and placed in the personnel file.

(3)

Public hearing.

(a)

When the appointing authority wishes to discuss the reputation, discipline or dismissal of an individual, it must notify that person in writing at least 48 hours in advance of the meeting. The individual may request that the meeting be held in open session.

(b)

If an executive session is held, the individual has the right to be present during discussion that pertains to them, to have counselor or a representative of choice present, and to speak on their own behalf.

(c)

Any individual may tape-record, or videotape from one or more designated locations determined by the governmental body, as long as there is not active interference with the meeting. This right does not apply to executive sessions. See Massachusetts Laws on Open Meetings.

(4)

Appeal. An employee may submit a written personnel appeal to the appointing authority, department head or supervisor if the employee believes they are not being treated in conformity with the personnel policies and procedures.

Employee grievance and dispute resolution.

(1)

The Selectboard has established procedures for resolving disputes and grievances with pay rates, job descriptions, performance reviews, or working conditions.

(2)

It is the policy of the Town of Whately to provide an effective and acceptable means for employees to bring problems and complaints concerning their well-being at work to the attention of their supervisor. When the employee feels aggrieved, they shall be allowed to follow all the steps of this procedure with freedom from reprisal. However, this procedure does not confer the right upon anyone to make slanderous or libelous statements, or to take any other actions otherwise prohibited by law.

(3)

Employees are encouraged to resolve any work-related concerns they might have with their direct supervisor. If the matter is not satisfactorily resolved at this level, the employee may submit an informal appeal and a request for a conference to the Department Head which shall be held within seven calendar days from submission.

(4)

If this conference fails to clear up any questions to the satisfaction of the employee, they may refer the matter in writing to the Town Administrator who shall discuss the matter with the parties and attempt to reach a satisfactory understanding and resolution of the problem.

(5)

If the concern deals directly with the employee's supervisor, the employee should contact the Town Administrator or Appointing Authority. If the concern is with the Appointing Authority or Town Administrator, the employee should contact the chair of the Selectboard. If the concern is with the chair of the Selectboard, the vice-chair of the Selectboard and Town Administrator should be contacted.

(6)

If 14 calendar days have elapsed since the submission of the matter in writing to the Town Administrator and the dispute is still unresolved, either party may appeal to the Personnel Committee who shall take the question under advisement, collecting such facts relating thereto as it may deem helpful, and it may, in its discretion, hold hearings with respect to such question in accordance with the Open Meeting Law. Not later than 30 calendar days after receipt of written submission of the matter, the Personnel Committee shall render its decision and thereafter promptly take such action as may be necessary and authorized hereunder relative to the Dispute. If the decision rendered by the Personnel Committee is considered unsatisfactory to either party, then final appeal may be made in writing to the Selectboard whose decision shall be final.

(7)

Valid complaints. Complaints by an employee relating to their employment, which include, but are not necessarily limited to, are the following:

(a)

Disciplinary actions of any kind;

(b)

Actions resulting from the performance review;

(c)

Concerns regarding the application, meaning or interpretation of personnel policies, procedures, rules and regulations;

(d)

Acts of reprisal as the result of utilization of the grievance procedure;

(e)

Complaints of discrimination on basis of race, color, religion, national origin, ancestry, sex, age, disability, participation in discrimination complaint-related activities, sexual orientation, gender identity, genetics, or active military or veteran status; and other protected identities. Sexual harassment is considered a form of sexual discrimination and should be reported immediately to the employee's supervisor or in the case of alleged harassment by the supervisor to the Town Administrator; and

(f)

Complaints of personal harassment by supervisory personnel.