[HISTORY: Adopted by the Annual Town Meeting
of the Town of Fairhaven 5-6-2017 by Art. 49.[1] Amendments noted where applicable.]
[1]
Editor's Note: This article also repealed former Ch. 61, Personnel,
adopted 5-6-1995 ATM by Art. 2, as amended.
The purpose of this chapter is to establish fair and equitable
personnel policies and to establish a system of personnel administration
based on merit principles that ensures a uniform, fair and efficient
application of personnel policies. This chapter is adopted pursuant
to the authority granted by Article LXXXIX of the Constitution of
the Commonwealth, MGL c. 41, §§ 108A and 108C, and
Chapter 381 of the Acts of 2014, An Act Establishing the Position
of Town Administrator in the Town Of Fairhaven.
[Amended 6-14-2021 ATM by Art. 46]
All departments and positions shall be subject to the provisions
of this chapter, except elected officers, employees of the School
Department, and any other employee who is excluded by law. Notwithstanding
anything contained herein to the contrary, the Town Administrator
shall not be subject to the provisions of this chapter. Any department
head may be exempted from the provisions of this chapter upon recommendation
by the Town Administrator and vote of the Select Board. Any such exemption
shall take effect upon the adoption of an employment contract between
the Town and the department head. If there is a conflict between this
chapter or any plans, policies, rules or regulations promulgated pursuant
to this chapter and an approved collective bargaining agreement, the
provisions of the collective bargaining agreement shall prevail.
[Amended 6-14-2021 ATM by Art. 46]
With the approval of the Select Board, the Town Administrator
shall appoint a Human Resources Director who by experience and education
is qualified to administer this chapter and any plans, policies, rules
or regulations promulgated pursuant to this chapter.
A personnel system shall be established by the promulgation of policies pursuant to § 61-5. The personnel system shall make use of modern concepts of personnel management and shall include but not be limited to the following elements:
A.
Method of administration. A system of administration will be incorporated
which assigns specific responsibilities for all elements of the personnel
system, including maintaining personnel records, implementing effective
recruitment and selection processes, maintaining the classification
and compensation plans, monitoring the application of personnel policies
and periodic reviews and evaluation of the personnel system.
B.
Classification plan. A position classification plan for all employees
subject to this chapter shall be established, based on similarity
of duties performed and the responsibilities assumed, so that the
same qualifications may be reasonably required for and the same schedule
of pay may be equitably applied to all positions in the same class.
No employee may be appointed to a position not included in the classification
plan.
C.
Compensation plan. A compensation plan for all positions subject
to this chapter shall consist of a schedule of pay grades, which may
include minimum, maximum and intermediate rates for each grade; an
official list indicating the assignment of each position to specific
pay grades; and vacations, holidays, sick leave, other leave and all
other benefits, provided that the payment of such wages and benefits
may not exceed the amount appropriated, or otherwise made lawfully
available, therefor.
D.
Recruitment and selection policy. A recruitment, employment, promotion
and transfer policy shall be established to ensure that reasonable
effort is made to attract qualified persons and that selection criteria
are job related.
E.
Personnel records. A centralized personnel recordkeeping system shall
be established to maintain essential personnel records.
F.
Equal opportunity. The Town shall provide equal opportunity in employment
without discrimination based upon race, color, religion, national
origin, sex or age, or as otherwise prohibited by law.
[Amended 6-14-2021 ATM by Art. 46]
The Town Administrator, with approval of the Select Board, shall
promulgate personnel policies and plans defining the rights, benefits
and obligations of employees subject to this chapter. Policies and
plans shall be adopted or amended as follows:
A.
Preparation of policies and classification and compensation plans.
The Town Administrator shall prepare or amend policies and plans with
the approval of the Select Board. Any member of the Select Board,
any administrative authority, or any three persons may suggest amendments
for consideration by the Town Administrator. The Town Administrator
need not consider any proposal already considered in the preceding
six months. All new proposals or amendments shall be submitted to
the Town Administrator in writing. The Town Administrator shall hold
a public hearing on any proposed policies or amendments. Any proposed
policy or plan or amendment thereto shall be posted at least five
days prior to the public hearing in prominent work locations. Copies
of proposals shall be provided to representatives of each employee
collective bargaining unit and a copy shall be filed with the Select
Board.
B.
Public hearing. The Town Administrator shall present the proposed
policies or amendments, the purpose of the proposal and the implications
of any proposed change at the public hearing. Any person may attend
the hearing, speak and present information. Within 20 days after the
public hearing, the Town Administrator shall make a determination
on the proposed policies and shall recommend that the Select Board
adopt the policies or amendments, with or without modifications, reject
the policies or amendments or indicate that further study is necessary.
C.
Recommended policies. The Town Administrator shall transmit recommendations,
in writing, to the Select Board within 20 days after determination
on the proposed recommendations or amendments. The recommendations
of the Town Administrator shall contain the text of the policy and
any explanation that is deemed necessary. The Select Board may adopt,
reject or return the recommendations for further study to the Town
Administrator. The Select Board need only act on proposed policies
which the Town Administrator has recommended for adoption. Policies
shall become effective upon their filing with the Town Clerk following
approval by the Select Board, unless some later date is specified.
The provisions of this chapter and any policies adopted pursuant
to this chapter are severable. If any bylaw or policy provision is
held invalid, the remaining provisions of the bylaw or policy shall
not be affected.
This chapter is amended to eliminate the Personnel Board and
to designate the Town Administrator as the sole authority over the
administration of personnel policies, effective as voted at the May
6, 2017, Annual Town Meeting. Notwithstanding the elimination of the
Personnel Board, all actions taken prior to the appointment of the
Town Administrator by the Personnel Board within its authority, or
by any other Town official or board, with respect to personnel, including
the appointment of all officers and employees, shall continue in full
force and effect subject to future action by the Town Administrator
within the Town Administrator's authority.
