[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Editor's Note: This article also repealed former Ch. 61, Personnel, adopted 5-6-1995 ATM by Art. 2, as amended.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.