Town of Norwell, MA
Plymouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of Norwell as indicated in article histories. Amendments noted where applicable.]
[Amended 5-6-2019, Art. 35]
A. 
This bylaw shall be known as the "Personnel Plan," which has been adopted pursuant to the provisions of MGL c. 41, §§ 108A and 108C, and other enabling acts.
B. 
The plan applies to all employees of the Town except:
(1) 
Those selected by popular election;
(2) 
Those under the control of the School Committee; and
(3) 
Those covered by collective bargaining agreements or personal contract.
C. 
Pursuant to the authority contained in MGL c. 41, § 108C, this bylaw does not required the approval of the Attorney General.
A. 
This Personnel Bylaw shall be administered by a Personnel Board, consisting of three members appointed by the Board of Selectmen, who shall have the power to fill all vacancies. Members are appointed for a term of three years. Members shall continue to hold office until their successors have been appointed and qualified. Members of the Personnel Board shall serve without compensation.
B. 
The Personnel Board shall meet regularly as necessary to consider such business as may be presented by Town officials, Town employees, and others. The Board shall elect a Chairperson from its membership who shall preside over meetings. At any meeting of the Personnel Board, action by a majority of those Board members present shall be binding. At least two members of the Board shall be present to constitute a quorum.
C. 
The Personnel Board is responsible for administering the Personnel Plan and may establish procedures as necessary to fulfill this charge. To aid in this function, the Board shall collect data from neighboring towns concerning salaries, wages, fringe benefits, and personnel policies for positions comparable to those in the Town of Norwell. The Personnel Board may, from time to time, make and issue interpretations and regulations consistent with the provisions of this Personnel Bylaw and necessary for its administration.
D. 
The Board of Selectmen, or its designee(s), shall be responsible for developing and administering a system of personnel administration for employees covered under the Personnel Bylaw and consisting of the following:
(1) 
Assisting in the advertising, posting of job openings and initial screening of applicants upon request;
(2) 
Reassigning employees according to workloads, with the approval of the employee's department head;
(3) 
Correcting inadequate performance and separating employees whose inadequate performance has not been corrected, provided the employee's department head agrees with such action;
(4) 
Approving hours for positions in the plan;
(5) 
Establishing working hours for Town offices employees, full-time and part-time, within the framework of the public hours set by the Board of Selectmen. Part-time departments within the Town offices will submit for approval the hours of operations, which will be publicly posted. Offices outside the Town offices but open to the public will submit to the Selectmen and/or the Town Administrator the hours of operations, which will be publicly posted; and
(6) 
Establishing and maintaining such records, forms and procedures as necessary to control personnel transactions.
E. 
The salaries which shall be paid to elected Town officials shall be established by vote of the Town. As information for the guidance of the voters, the Board shall have the further power to recommend compensation rates, salary adjustments, and fringe benefits which, in the opinion of the Board, will provide adequate and equitable compensation for elected officers.
F. 
The Board shall recommend to the Town each year such amendments to the Personnel Plan and the provisions of this bylaw as the Board seems necessary and advisable. The Board shall prepare a written report for the information of the Town in advance of each Annual Town Meeting at which recommendations of the Board will be considered.
BENEFIT ELIGIBILITY
Is when an employee works 20 or more hours a week. Refer to the benefit plan for specifics and entitlements.
BOARD
Is the Personnel Board.
CONTINUOUS EMPLOYMENT
Is full- or part-time employment which is uninterrupted except for military service, authorized vacation, personal or sick leave, layoff of less than six months, or other leave of absence approved by the Town Administrator.
EXEMPT EMPLOYEE
Is a salaried employee exempt from overtime provisions of the law when employed in a bona fide administrative, executive or professional capacity.
FULL-TIME EMPLOYEE
Is a regular employee who works at least 37 1/2 hours per week throughout the year.
MGL
Is Massachusetts General Laws with specific chapters and sections defined governing the Town policies, procedures, and definitions as they apply to these Personnel Bylaws.
NON-EXEMPT EMPLOYEE
Is an employee, whether paid a salary or hourly wage, whose primary duty is not executive, administrative, or professional in nature. A non-exempt employee who works in excess of 40 hours in a work week is entitled to overtime pay at the rate of time and one-half their regular rate of pay in accordance with applicable federal and state wage and hour laws under certain conditions. The employee must actually work in excess of 40 hours to qualify for overtime pay; pay for time not actually worked (i.e., vacation, sick, personal, other paid time off) does not qualify as hours worked for the calculation of when overtime pay is due.
PART-TIME EMPLOYEE
Is a regular employee who works fewer than 37 1/2 hours per week throughout the year.
PROBATIONARY EMPLOYEE
Is an employee who has not completed six months of service or successfully passed his probation.
REGULAR EMPLOYEE
Is an employee who has completed his/her probationary period.
TEMPORARY EMPLOYEE
Is an employee in a full- or part-time position which is not likely to require the services of an incumbent on a year-round basis. Seasonal employees and employees hired for a specific project on a short-term basis are considered temporary employees.
TOWN
Is the Town of Norwell.
WORK WEEK
Is the normal number of scheduled weekly hours. The standard maximum is 37 1/2 hours; the exception is exempt status employees.
A. 
It is the policy of the Town to provide equal employment opportunities as required by state and federal civil rights laws for all individuals. The Town prohibits discrimination in employment on the basis of age (40 and above), criminal record (applications only), physical, mental or psychiatric disability, genetics (results of genetics testing), maternity leave, national origin or ancestry, race or color, religion, sex, sexual orientation, active military status or other legally protected status applicable under federal or state laws. This policy applies to all terms and conditions of employment, including, but not limited to, recruiting, hiring, placement, compensation, classification, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training.
B. 
Unlawful discrimination of employees occurring in the workplace or in other settings in which employees may find themselves in connection with their employment will not be tolerated by the Town. An employee who wishes to either formally or informally complain about discrimination should contact either the Human Resources Manager or the Town Administrator. Any retaliation against an individual who has brought forth a complaint, or who has cooperated with an investigation of a discrimination complaint, is prohibited.
C. 
The Town also provides reasonable accommodations to a person based on handicap, disability or religion, in accordance with federal and state anti-discrimination laws. Any employee or job applicant who feels s/he may need a reasonable accommodation in order to perform the essential functions of his or her position shall bring their request directly to the Human Resources Manager.
D. 
A full copy of the Town's Equal Employment Opportunity Employer Policy is available by contacting the Human Resources office.
A. 
It is the goal of the Town to promote a workplace that is free of discriminatory harassment ("harassment") of any type, including sexual harassment. Discriminatory harassment consists of unwelcome conduct, whether verbal or physical, that is based on a characteristic protected by law, such as age, criminal record (inquiries only), disability, gender, gender identity, genetics, military status, national origin, ancestry, race, color, religion, sexual orientation or participation in discrimination complaint-related activities (retaliation). The Town will not tolerate harassing conduct that affects employment conditions, that interferes unreasonably with an individual's performance or that creates an intimidating, hostile, or offensive work environment.
B. 
Harassment of employees occurring in the workplace, in connection with work-related travel, and/or work-sponsored events will not be tolerated. Further, any retaliation against an individual who has complained about harassment or retaliation against individuals for cooperating with an investigation of a harassment complaint is similarly unlawful and will not be tolerated.
C. 
If any of our employees believe that he or she has been subjected to discriminatory harassment, the employee has the right to file a complaint with our organization. This may be done in writing or orally. In addition, residents, visitors, applicants, vendors, contractors, their agents and employees, or other third parties who believe they have been subjected to discriminatory harassment may also file a complaint with our organization using the procedures described herein.
D. 
Furthermore, employees may also file a complaint if they have been subjected to harassment from residents, visitors, applicants, vendors, contractors, their agents and employees, or any other third parties in the workplace, while performing work-related duties, or other work-related activities.
E. 
Prompt reporting of harassment is in the best interest of our organization and is essential to a fair, timely, and thorough investigation. Accordingly, complaints should be filed as soon as possible following the incident(s) at issue. If you would like to file a complaint you may do so by contacting the Human Resources Manager at 781-659-8060 or the Town Administrator at 781-659-8000, 345 Main Street, Norwell. Both are available to discuss any concerns you may have and to provide information to you about our policy on harassment and our complaint process.
F. 
Because the Town takes allegations of harassment seriously, we will respond promptly to complaints of harassment. Where it is determined that inappropriate conduct has occurred, the Town will act promptly to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action where appropriate.
G. 
Please note that while this policy sets forth our goals of promoting a workplace that is free of harassment, the policy is not designed or intended to limit our authority to discipline or take remedial action for workplace conduct which we deem unacceptable, regardless of whether that conduct satisfies the definition of harassment.
H. 
A full copy of the Town's Discriminatory Harassment Policy is available by contacting the Human Resources office.
A. 
The Pregnant Workers Fairness Act ("the Act") amends the current statute prohibiting discrimination in employment, MGL c. 151B, § 4, enforced by the Massachusetts Commission Against Discrimination (MCAD). The law became effective April 1, 2018.
B. 
The purpose of this policy is to provide notice to all Town of Norwell employees of their right to be free from discrimination due to pregnancy or a condition related to pregnancy, including the right to reasonable accommodations for conditions related to pregnancy. The Town of Norwell does not discriminate on the basis of pregnancy and pregnancy-related conditions.
C. 
The Town is committed to complying with the Pregnant Workers Fairness Act. In the event of any conflict between the Town's policy and the state law and any applicable regulations, the state law/regulations applicable to the Town and its employees shall prevail. The Town will not discriminate against an employee due to pregnancy or a condition related to pregnancy, including, but not limited to, lactation or the need to express breast milk for a nursing child. The law updates MGL c. 151B, the Massachusetts anti-discrimination law, to include these new provisions. It also describes employers' obligations to employees that are pregnant or lactating and the protections these employees are entitled to receive. Generally, employers may not treat employees or job applicants less favorably than other employees based on pregnancy or pregnancy-related conditions and have an obligation to accommodate pregnant workers. The law also sets up a process for a pregnant employee or pregnant prospective employee, or an employee or prospective employee with a pregnancy-related condition, to engage with an employer in establishing reasonable accommodations.
D. 
A full copy of the Town's Pregnant Workers Fairness Act Policy is available by contacting the Human Resources office.
A. 
The Town of Norwell is committed to providing a safe and healthy work environment in which all employees are treated fairly, with dignity and respect. Bullying is a risk to the health and safety of the workplace and will not be tolerated. The policy is aimed at ensuring, so far as it reasonably can, that employees are not subjected to any form of bullying while at work.
B. 
Intimidating and threatening behavior is inappropriate and contrary to the Town's mission. When it occurs, the Town is committed to correcting any such inappropriate conduct and to disciplining those who engage in it. While this policy sets forth the Town's goals of promoting a workplace that is free of bullying, the policy is not designed or intended to limit the Town's authority to discipline or take remedial action for workplace conduct which it deems unacceptable, regardless of whether that conduct meets the definition of bullying as articulated in this policy.
C. 
Bullying is prohibited in all work-related settings, both inside and outside the workplace, and extends to business trips and business-related social events. This policy also extends to the Town's property, including but not limited to its telephones, copy machines, facsimile machines, and computers and computer applications such as e-mail and Internet access, which may not be used to engage in conduct that violates this policy.
D. 
Employees who believe they have experienced bullying are strongly urged to take action and/or come forward so that the Town can take action. Employees who consider any person's behavior to be inconsistent with these guidelines are encouraged to directly inform the offending person(s) that such conduct is inappropriate or offensive and must stop. If, however, the employee does not wish to communicate directly with the alleged harasser(s), or if direct communication has been ineffective, then that employee is encouraged and expected to utilize the process outlined in the policy.
E. 
The Town strongly encourages employees to come forward promptly as timely reporting is vital to the Town's ability to respond effectively to complaints. Any employee who becomes aware of any possible bullying should report it, verbally or in writing and without fear of retaliation, to any supervisor or manager. Employees may also contact the Human Resources Manager, Barbara Childs (or successor), office of Human Resources at (781) 659-8060 or the Town Administrator, Peter Morin (or successor) at 781-659-8000, 345 Main Street, Norwell, 02061.
F. 
The Town will respond to all reports of bullying that it receives and investigate where appropriate and necessary. In its discretion, the Town will take any appropriate action if this policy has been violated. This may include disciplinary action, up to and including termination of employment, regardless of the job positions of the parties involved and whether the conduct amounts to a violation of this policy. Such other disciplinary action may include formal counseling, disciplinary suspension or probation, when appropriate under the circumstances. If the person who engaged in inappropriate conduct is not a Town employee, then the Town will take whatever corrective action is reasonable and appropriate under the circumstances.
G. 
It is unacceptable to retaliate against any employee who in good faith files a complaint of bullying or who cooperates in an investigation of a complaint of bullying. Any retaliatory action will result in disciplinary action, up to and including discharge.
H. 
A full copy of the Town's Bullying Awareness and Prevention Policy is available by contacting the Human Resources office.
A. 
The Town is committed to providing a safe working environment for all employees, promoting high standards of employee health and productivity and protecting our reputation in the community. It is a violation of the Town's policy for an employee or volunteer to report to work or perform work duties under the influence of alcohol, marijuana, illegal drugs or inhalants, or other controlled substances; manufacture, sell, distribute, dispense, possess, purchase, or use alcohol, marijuana, illegal drugs or inhalants, or other controlled substances in the workplace.
B. 
A full copy of the Town's Drug- and Alcohol-Free Workplace Policy is available by contacting the Human Resources office.
A. 
The Town of Norwell strives to keep residents, clients and employees free from abuse, mistreatment, crimes of violence and theft. Through standardized procedures, Criminal Offender Record Information (CORI) assists the Town of Norwell in this effort. Applicants for employment, re-employment, or volunteer work are informed that a criminal record check will be conducted. CORI checks will provide information on criminal history in Massachusetts. Checks may also be conducted by Massachusetts county or out-of-state, depending on the circumstances, as determined by the Town Administrator or other applicable appointing authority. An authorization form signed by the applicant will be requested by a CORI authorized employee of the Town and that information will be forwarded to the Criminal History Systems Board (CHSB) for review once an offer of employment or volunteer work has been made to a qualified applicant. All employment offers or volunteer work will be contingent upon the CORI results.
B. 
Any CORI or other report returned to the Town that indicates a conviction or pending criminal data will be reviewed on a case-by-case basis and may result in the job offer being withdrawn and/or employment being terminated, and/or a license being denied. The appointing authority, subject to applicable law, reserves the exclusive right concerning any decision made pursuant to information gathered through the CORI check. Unless otherwise provided by law, a criminal record will not automatically disqualify an applicant. Rather, determinations of suitability based on CORI checks will be made consistent with the policy and any applicable law or regulations.
C. 
A full copy of the Town's Criminal Offender Record (CORI) Policy is available by contacting the Human Resources office.
A. 
Titles and job description.
(1) 
The Board shall maintain written job descriptions of all jobs or positions in the plan, describing the essential characteristics, requirements, and general duties of each position. The job description shall not be interpreted as complete or limiting definitions, but rather serve as a general guideline of the scope and nature or responsibility of the position.
(2) 
An employee shall be employed and paid according to the job title and position associated with the duties that s/he actually performs.
(3) 
Upon recommendation of the Board and subject to approval of the Town, the following offices and positions may be excluded from the Classification Plan:
(a) 
Positions for which the compensation is on a fee basis or the incumbents of which render intermittent, temporary, casual, or contractual services;
(b) 
Positions serving as members of boards and committees;
(c) 
Temporary or seasonal positions established in connection with elections, or census taking;
(d) 
Town Counsel; and
(e) 
Any other positions which the Board may recommend. The Board shall retain the authority to recommend compensation rates, working conditions, fringe benefits, and other aspects of employment for any positions excluded from the Classification Plan.
(4) 
Whenever a new position is established, or when an existing position has so changed that, in effect, a new position is created, upon presentation of substantiating data satisfactory to the Board, the Board shall allocate such new or changed position to its appropriate classification.
(5) 
Except in the case of an emergency, no person shall be employed as an employee of the Town in any position subject to the provisions of this bylaw until the Board, or its designee, shall have determined that such employment is consistent with the Personnel Plan.
B. 
Job description review. The Personnel Board shall periodically, as the need arises, review the duties of all positions subject to the plan in order to keep them up-to-date. The Board, upon presentation of substantiating data, may tentatively add a new position into the Classification Plan, or reclassify an existing position to a different grade, subject to subsequent ratification of its action by formal amendment of this bylaw at Town Meeting. It shall be the responsibility of the department head to notify the Human Resources office or the Board if an employee's duties are substantially changed, in which case the classification shall be reviewed by the Board.
A. 
Compensation review.
(1) 
The Board shall, after consultation with the Board of Selectmen and Advisory Board, as required, each year prepare and recommend to the Town a Compensation Plan for all positions subject to the provisions of this bylaw. The plan shall include, for each position in the Classification Plan, a minimum and maximum pay rate and such intermediate rates as the Board considers necessary and equitable.
(2) 
Requests for re-classification and/or compensation reviews must be received by the Board no later than September 30 of each year to be considered for the following fiscal year.
(3) 
Whenever the Personnel Board reviews the wage and salary provisions of this bylaw, it shall take into account and give such weight as it may deem desirable to the following:
(a) 
Rates of pay for like positions in other Massachusetts towns considered by the Board to be comparable to Norwell;
(b) 
Other benefits received by Town employees;
(c) 
The current level of the Consumer Price Index for the Boston area; and
(d) 
The financial policy and economic consideration of the Town.
B. 
Probationary period.
(1) 
All full- and part-time employees of the Town shall be considered to be probationary employees during the first six months of service. At the end of six months, each employee's status will be reviewed by his/her department head or the Town Administrator (if the employee is the department head). If performance is meeting expectations, the employee will be made a regular employee. Should performance expectations not be met, the probationary period may be extended, the probationary period may be extended by no more than 90 days or the employee will leave the service of the Town. If the employee leaves the Town's service, without passing probation, s/he shall not be entitled to any accrued vacation. A probationary employee is entitled to pay for holidays and, after 30 days of employment, may use sick leave as earned.
(2) 
New employees shall be paid at the beginning rate of the grade allocated to the class of employment for which he has been hired, except that, upon prior request of the department head or Town Administrator, the Board may approve a starting rate for said employee above the beginning rate for said classification, depending upon the qualifications of the employee.
C. 
Advancement within the rate ranges.
(1) 
Following the probationary period, advancement to the next higher step rate may be granted to employees in continuous, meritorious employment as follows:
(a) 
All employees placed in Step 1 will be considered for step advancement after one year of service within the grade.
(b) 
Employees placed in Steps 2 through 5 will be considered for step advancement after completion of one year of service from the last advancement of placement, except that part-time employees working fewer than 20 hours per week shall be eligible for advancement in Steps 2 through 5 after completion of 1,000 hours of service from the last step advancement. The department head will provide backup documentation of the 1,000 hours worked by an employee to the Accounting Department prior to step advancement.
(2) 
For advancement purposes, the anniversary date shall be the date on which an employee's step increase, reclassification or promotion takes effect.
(3) 
Progressions through the rate ranges are not mandatory and shall be on the basis of performance and ability, as recommended by the department head or supervisor. All adjustments shall be approved in advance of the effective date by the Board or its designee. An employee not receiving a step rate increase may appeal the decision, using the Grievance Procedure.
D. 
Transfers and promotions.
(1) 
An employee whose position is reclassified or upgraded or who receives a promotion shall receive the rate in the new compensation grade next above his/her existing rate. If such a move results in an increase of less than 4%, then s/he shall move an additional step.
(2) 
If an employee is transferred to another position in the Town, s/he shall normally be transferred at the entrance rate of pay. If such a transfer is for the convenience of the Town rather than due to the employee's ability or performance, then s/he shall be transferred at his/her existing rate of pay. If his/her existing rate of pay is above the maximum rate of the new range, it will remain a personal rate, until such time as his/her personal rate is exceeded by the terms of the wage and salary schedule.
E. 
Reinstatement.
(1) 
An employee in good standing who leaves Town employment by reason of resignation and subsequently reenters service of the Town within 30 days of his/her date of resignation shall be eligible for the following benefits provided that the employee is reassigned to the same classification s/he held at the time of resignation:
(a) 
The employee shall be placed in the same salary step in the appropriate compensation range as s/he was at the time of resignation.
(b) 
The employee shall receive credit for the previous length of service in calculating eligibility for advancement within the salary range and calculation of annual vacation benefits.
(2) 
In instances involving layoffs or work force reduction an employee rehired within six months of a layoff shall be eligible for reinstatement of service for the purposes of calculating vacation benefits.
(3) 
No other benefits will be reinstated; the employee shall be eligible for any other benefits as offered to new hires.
F. 
Overtime. Payment for overtime shall be in accordance with the terms of the Fair Labor Standards Act of 1938, as amended. If an assignment requires work in excess of 40 hours per week, such overtime work must be authorized in advance by the department head. Non-exempt employees shall be paid 1 1/2 times their regularly rate for hours actually worked beyond the 40 hours in the workweek. Compensatory time may be taken in lieu of overtime pay, at the rate of time and one-half for each overtime hour worked, only by mutual agreement of both employee and supervisor prior to overtime hours being worked. If such an agreement is made, then compensatory time should be taken within a reasonable time of being earned in accordance with the Fair Labor Standards Act. An employee is eligible to be paid for any unused compensatory time upon his/her termination or retirement. Executive, administrative, and professional employees as shown in the Classification Plan are exempt employees and are not eligible for overtime pay.
G. 
Sunday pay for library duty. An exempt status employee of the Library Department, assigned to work 37.5 hours per week, shall be compensated as follows for any work performed on a Sunday:
(1) 
An employee who works a minimum four hours on a Sunday, in addition to his/her regularly scheduled 37.5 hours work week, shall be eligible to receive a stipend for the work shift. The stipend will be based on the employee's step.
Step
Stipend
(per diem)
1
$140
2
$147
3
$154
4
$161
5
$168
6
$176
(2) 
The stipend will not be affected by any cost of living adjustments. The position of Library Director is not eligible to receive Sunday pay for library duty.
H. 
Working out of class compensation. The Town Administrator may direct employees to work up to 10 consecutive working days without additional compensation.
(1) 
Working out of class assignments shall only be made for positions vacated due to illness, an approved leave of absence or termination. To qualify for working out of class pay, an employee assigned by the Town Administrator or his/her department head (with the approval of the Town Administrator) must perform the primary duties of the higher classification and satisfy the requirements of the qualifying period. The Town Administrator shall, in his/her sole discretion, determine what the primary duties of the higher classification are. Notification of the approval of a working out of class assignment shall be provided to the Human Resources office and the Accounting Department.
(2) 
During the 10 consecutive working days qualifying period before an employee is eligible to receive out of class pay, an absence of more than two days for any reason, including the authorized use of compensatory, vacation, sick or personal time, shall break consecutiveness and cause the qualifying period to start again. The Town Administrator may approve absences exceeding the two days, on a case-by-case basis, and has the final authority to determine when the number of consecutive days has been broken for the purposes of an employee meeting the qualifying period.
(3) 
Any employee who is assigned to work out of class and satisfies the requirements of the qualifying period shall receive out of class pay at Step 1 of the higher class or 5% above the employee's regular weekly salary, whichever is greater, for work performed in the higher classification on the 11th consecutive day of working out of class and for each day thereafter an employee works out of class. The Town Administrator has the authority to change the compensation amount or percent on a case-by-case basis.
(4) 
In instances where it benefits the Town to assign more than one employee to share the performance duties of the higher classification while continuing to perform the duties of their regularly assigned positions and the employees assigned to share the duties of the higher classification satisfy the requirements of the qualifying period, those employees shall receive out of class pay equal to 2.5% above the employee's regular weekly salary. The Town Administrator has the authority to change the compensation amount or percent on a case-by-case basis.
I. 
Premium pay. All full- or part-time non-exempt employees regularly scheduled to work for four or more hours between the hours of 6:00 p.m. and 6:00 a.m. shall be paid a premium for all hours worked in addition to their regular straight time hourly rate. The premium shall be added to the regularly straight time hourly rate for each hour and shall be in the amount set forth in the Compensation Plan.
J. 
Call-back pay. If a full-time non-exempt employee is recalled to work from off-duty hours, he will receive a minimum of three hours' overtime pay, at the rate of time and one-half (1.5).
K. 
Longevity pay.
(1) 
Any employee (regular full-time, regular part-time, regular part-time working less than 20 hours per week, temporary or probationary) hired on or after July 1, 2015, is not entitled to longevity pay.
(2) 
All regular full-time employees hired before July 1, 2015, shall receive longevity payments according to the following schedule:
Length of Service Completed
Annual Amount
5 years
$250
10 years
$350
15 years
$450
20 years
$550
25 years
$650
(3) 
This amount shall be paid in one lump sum in the first pay period following the anniversary of the employee's date of hire. The date of hire shall be considered the date when the employee began working for the Town at least 20 hours per week on a continuous basis. The years of service shall be calculated from this date of hire. All regular part-time employees working at least 20 hours per week are entitled to longevity pay according to the above schedule, with the amount of payment prorated to their weekly schedule.
L. 
Mileage. Employees who are required to use their own vehicle for Town business shall be reimbursed for each mile traveled, subject to written approval by the department head or Board Chairperson, at the rate set by the Internal Revenue Service.
M. 
Minimum wage. The Town will pay no less than the Massachusetts state minimum wage for all seasonal and flat hourly positions in the Personnel Bylaw, retroactive to January 1, 2019.
A. 
Health insurance.
(1) 
The Town of Norwell's group health insurance is administered under the rules and regulations of MGL c. 32B. Permanent full-time and part-time employees working not less than 20 hours per week for the governmental unit are eligible for health insurance as defined under MGL c. 32B. In no event shall seasonal or emergency status employees be considered eligible for group health insurance.
(2) 
Employees covered under the Personnel Bylaw shall pay the same percent contributions as employees covered under Article 19 of the Norwell Town Employees/Clerical Collective Bargaining Agreement (S.E.I.U. Local 888).
(3) 
Special provision. Employees who become insurance eligible due to a change in employee status shall pay 40% of the total cost of the HMO plan offered by the Town, as of the date they became insurance eligible, regardless of hire date.
B. 
Health insurance opt out program.
(1) 
Effective July 1, 2015, and each year thereafter, there shall be an annual stipend, paid in equal weekly or bi-weekly pay installments, for an employee who elects to opt out of the health insurance after the employee has been insured under one of the Town's plans for at least 12 consecutive months prior to the commencement of the period of non-coverage as follows: $6,000 for the family plan and $3,000 for the single plan. Under no circumstances shall the weekly stipend exceed the annual amount. To qualify for this program, the employee must have other insurance coverage that is comparable to the health insurance the employee was receiving through the Town and the employee must have been enrolled in one of the Town's plans.
(2) 
The employee may not cancel his/her election to participate in this opt out plan until an annual open enrollment period, or unless the employee experiences a qualifying event. The employee should consult the Treasurer/Collector for the list of qualifying events and what evidence of coverage will be required. If an employee elects to participate in this opt out program and a qualifying event occurs, as certified by the Treasurer/Collector, the employee will be able to re-enroll and resume health insurance coverage through the Town.
C. 
Employee's payment of insurance while out on an approved leave. Employees requesting and subsequently placed on any of the leaves, as described in the leave benefits section of the bylaw, may be responsible for paying a portion or 100% of the insurance premiums for their Town insurance plans depending upon the type of leave requested and availability of employee paid leave. In order for the insurance policies to remain in full force and in effect during the leave of absence, employees must review the specific leave plan policy or provisions with the Human Resources and Treasurer/Collector's offices to determine the employee's responsibility for insurance premium payment.
D. 
Life insurance.
(1) 
A new employee may elect a basic group term life insurance benefit of $10,000 within the first 30 days of his/her hire date without providing any medical evidence of insurance. The employee pays 50% and the Town pays 50% of the monthly cost of this benefit.
(2) 
Employees who wait to elect the basic life insurance benefit during the Town's annual open enrollment period will be required to provide medical evidence of insurance.
E. 
Dental insurance and other voluntary insurance plans. The Town offers employees the opportunity to elect other voluntary insurance coverages offered through the Town. The employee may elect a plan during the first 30 days of his/her hire date or the voluntary insurance plan(s) may be elected during the Town's annual enrollment period. The employee pays 100% of the monthly cost of all voluntary plans. Please contact the Treasurer/Collector's office for plan types, options, and costs.
A. 
Vacation.
(1) 
Full-time employees shall be entitled to paid vacation in accordance with the following schedule:
1. Upon completion of probationary period or extended probationary period
1 week
2. From 1 year to 4 years of service
2 weeks/year*
3. From 5 years to 9 years of service
3 weeks/year
4. Upon completion of 10 years of service
4 weeks/year
5. Upon completion of 20 years of service
5 weeks/year
*
NOTE: Ten days cumulative after first year provided five days in 1 has not been taken.
(2) 
Employees are encouraged to take vacation on a regular basis, to allow for the proper rest from the rigors of work. An employee shall request vacation leave from his supervisor, giving as much notice as possible. No employee may take vacation until completing his/her probationary period or extended probationary period. If a holiday falls during a vacation period, an additional day off will be scheduled, by agreement with the department head.
(3) 
Part-time employees working at least 20 hours per week are entitled to vacation according to the above schedule, with their vacation pay prorated to their weekly schedule. Temporary employees, seasonal employees, or employees working fewer than 20 hours per week are not entitled to vacation pay.
(4) 
Vacations should normally be taken in units of at least one week. An employee may, however, take vacation leave in separate day, half day or 1/4 day units subject to department head approval.
(5) 
The vacation year will begin on the anniversary of the employee's date of hire. An employee will have one year to take his vacation time. Vacation time shall not be cumulative and employees will not be permitted to carry over vacation days into succeeding years without approval of the department head and the Town Administrator. In emergency situations, three days can be carried over to be used within 60 days subject to the department head's and Town Administrator's approval.
(6) 
In the absence of a department head, requests for vacation can be submitted to the Town Administrator for approval.
(7) 
When an employee leaves the employ of the Town, he/she shall be paid for any unused vacation earned up to the last day worked. The amount of vacation pay shall be computed at the rate of pay effective on the cessation of employment.
B. 
Holidays.
(1) 
The following holidays (or the day on which they are celebrated) are observed:
New Year's Day
Columbus Day
Martin Luther King Day
Veterans Day
Presidents Day Birthday
1/2 day before Thanksgiving
Patriots Day
Thanksgiving Day
Memorial Day
Friday after Thanksgiving
Independence Day
1/2 day Christmas Eve*
Labor Day
*When Christmas Eve is a weekday
Christmas Day
(2) 
Holidays falling on a Saturday shall be celebrated on the preceding Friday. Holidays falling on a Sunday shall be celebrated on the following Monday. If any of these holidays should fall on a Saturday or Sunday and are not being publicly celebrated (requiring Town Hall to close) the Board of Selectmen, at its discretion, may grant a floating holiday on another date within the fiscal year and the employee will receive pay for the day or an additional vacation day.
(3) 
Part-time employees who work at least 20 hours per week are eligible for holiday pay if the holiday falls on the employee's regularly scheduled work day.
(4) 
Holiday pay may be denied by a department head for employees who are absent from work without prior approval or justifiable cause on the scheduled day of work preceding or following a holiday.
(5) 
If a non-exempt employee who is not normally scheduled to work on a holiday is called in to work for an emergency, then s/he shall be paid according to the procedures outlined under the sections of the bylaw titled overtime and call-back pay.[1]
[1]
Editor's Note: See § 5-11F and J.
(6) 
Seasonal, intermittent, temporary, emergency and part-time employees working fewer than 20 hours per week shall not be entitled to holiday pay but shall be paid at their regular rate for all hours worked, if required to work.
C. 
Sick time.
(1) 
Each full-time employee shall accumulate sick leave at the rate of 1.25 days for each month of employment (15 days/year). Unused sick leave may be accumulated up to a maximum of 200 days.
(a) 
Department heads, may, in their discretion, require medical certification of any illness. An employee whose attendance demonstrates either a consistent pattern of unscheduled absences (or tardiness) or excessive unscheduled absences (or tardiness) will be subject to disciplinary action. Supervisors are responsible for maintaining complete and accurate employee attendance and tardiness records.
(b) 
Employees who are unable to work due to illness, accident or other medical reasons are required to exhaust all available accrued sick time, followed by any other available accrued time off (i.e., vacation, personal, bonus, or compensatory time), unless deemed otherwise by the Town Administrator.
(c) 
Probationary employees are entitled to sick leave after completing at least one month of service.
(d) 
Part-time employees who work a minimum of 20 hours per week are eligible to accumulate sick leave on a prorated basis.
(e) 
Employees shall be allowed to use up to five days of accumulated sick leave for an illness in their family. The Town may require certification of said illness from a medical provider.
(2) 
Personal days.
(a) 
Employees may use up to two sick days each fiscal year as personal days. Personal days are not accumulated. If no sick days are used as personal days, the sick days may be carried over up to the sick leave maximum cap.
(b) 
Employees may earn up to three personal days in the fiscal year depending on the employee's use of sick leave. An employee who uses no sick leave for six consecutive months shall be eligible for 1.5 personal days. A new six-month period will begin to run each time an employee returns to work after using a sick day. A personal day should be used within 12 months of being earned, and is not eligible for redemption in pay in lieu of time off. Authorized paid leaves, other than sick leave, shall not be counted against an employee in establishing his attendance record.
(3) 
Sick leave buy-back.
(a) 
For employees hired on or after July 1, 2007: An employee shall not be eligible to receive a sick leave buy-back upon death or retirement.
(b) 
For employees hired before July 1, 2007: Upon retirement as determined, or death of the employee, using a maximum accumulation of 120 days, the Town will buy back all unused sick days accumulated above 45 days, for a maximum buy-back of 75 days. Payment will be made at the current pay scale of the employee at the time of death or retirement.
D. 
Sick leave bank. The basic purpose of the sick leave bank, hereafter referred to as the "bank," is to provide additional sick days to a member who has exhausted his own sick days and is in an extended illness situation. The bank is designed to not present any additional cost to the Town of Norwell in terms of sick days or management of the program. The intent is to provide income through sick days, to the unfortunate member in need of them, by the membership as a whole. The following will be the format of the functioning and administration of the bank:
(1) 
The administration of this bank shall be vested in a Sick Leave Bank Committee comprised of three persons, two who shall be elected by the Personnel Plan members and one appointed by the Town who shall serve as Chairperson.
(2) 
In the first year each employee who wishes to be a member shall notify the Committee of their intent to become a member and shall contribute two days of annual sick leave entitlement into the bank on July 15.
(3) 
In order to be eligible for membership in the bank, a full-time employee must have at least 10 accumulated sick days. Eligibility of part-time employees who work more than 20 hours per week shall be determined on a prorated basis.
(4) 
Each subsequent year each member of the bank will donate one sick day at the beginning of each fiscal year with the following exception: after a member has accumulated the maximum number of sick days, he may donate a maximum of two days per fiscal year as long as he or she remains above the maximum accumulation.
(5) 
A member must use all of his sick days prior to applying for use of sick leave bank days.
(6) 
Only those employees who are active members will be eligible to apply for use of sick leave days.
(7) 
A member must request use of sick leave bank days by submitting a written request to the Bank Committee Chairperson on a form approved by the Bank Committee.
(8) 
Any member of the sick leave bank who requests use of sick leave bank days agrees to permit the Bank Committee access to his/her attendance and sick leave records.
(9) 
The Bank Committee shall vote on each request of sick leave bank days and report its vote to the Town Administrator. Approval of the Bank Committee is necessary to be entitled to the use of sick bank days.
(10) 
The Bank Committee has the right, in case the bank has depleted all of its days, to come before the membership for additional contribution of sick days, subject to two-thirds vote of members present at the meeting.
(11) 
Any member who has used bank days may, at his/her discretion, repay any or all days used.
(12) 
Any employee who is an active member of the sick leave bank and is ill and unable to contribute sick leave days on July 1 or at request time shall not be penalized or removed from membership.
A. 
Family and Medical Leave Act.
(1) 
The Family Medical Leave Act of 1993 (FMLA Act) shall be incorporated into the Personnel Bylaw. In accordance with the FMLA Act, the Town will provide eligible employees up to 12 weeks of unpaid leave in the twelve-month period for one or more of the following reasons:
(a) 
To care for a newborn or newly placed, adopted or foster child.
(b) 
To care for a child, spouse or parent with a serious health condition.
(c) 
To care for the employee's own serious health condition.
(d) 
Any qualifying exigency arising out of the fact that the employee's spouse, son, daughter or parent is a military member of a covered active duty or called to covered active duty status.
(e) 
To care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter or next of kin of the service member (military care giver leave).
(2) 
A serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves either in-patient care at a health care facility or continuous treatment of a health care provider.
(3) 
To be eligible for leave, an employee must have been employed by the Town for at least 12 months and have worked at least 1,250 hours within the previous twelve-month period.
(4) 
The twelve-month period shall be a rolling twelve-month period measured backward from the date the employee used leave under the Act.
(5) 
The above sets forth some of the requirements of the Act but is not intended as a complete description of the FMLA Act, nor is it intended to change, add to, subtract from or embellish the Act. If there is any conflict between the FMLA Act and this summary, the FMLA Act shall prevail. Family medical leaves must be coordinated with the department manager and the Human Resources office, in advance of the leave whenever possible. A full copy of the FMLA Act and necessary forms may be obtained from the Human Resources office.
B. 
Parental leave. In accordance with the Massachusetts Parental Leave Law,[1] an employee with at least three months of service may receive up to eight weeks of unpaid leave for the purpose of child-bearing, adoption and/or child care. Request for such leave shall be made at least two weeks in advance to the department head. An employee may use available paid time off during the period of the leave requested. Parental leave that qualifies as family medical leave shall run concurrently with parental leave. The full description of qualifying events, parental leave requirements and benefits outlined in the Parental Leave Law is available and can be requested from the Human Resources office. This summary of the act is not intended as a complete description of the law, nor is it intended to change, add to, subtract from or embellish the law. If there is any conflict between the law and this summary, the law shall prevail. A full copy of the parental leave policy is available from the Human Resources office.
[1]
Editor's Note: See MGL c. 149, § 105D.
C. 
Small Necessities Leave Act.
(1) 
The provisions of the Small Necessities Leave Act (SNLA Act) shall be incorporated into the Personnel Bylaw. The following is a summary of the provisions of the Act but is not intended to be a complete description of the SNLA Act, nor is it intended to change, add to, subtract from, or embellish the SNLA Act. If there is any conflict between the SNLA Act and this summary, the SNLA Act shall prevail. Employees who are eligible for 24 hours' leave pursuant to the Small Necessities Act (MGL c. 149, § 52D) must substitute any accrued paid vacation leave, personal leave or any of the leave provided under the Act. Leave under the SNLA may be used by an employee to:
(a) 
Go to his/her child's education-related school activities, or
(b) 
Accompany a child or elderly relative to medical or dental appointments.
(2) 
To be entitled to leave, employees must provide to the Town Administrator the following:
(a) 
If the need for leave is foreseeable, the employee must request the leave not later than seven days in advance.
(b) 
If the need is not foreseeable, the employee must notify the employer as soon as practicable under the particular circumstances of the individual case.
(c) 
Employees must complete the certificate form which may be obtained in the Human Resources office.
D. 
Bereavement leave.
(1) 
Full-time regular employees and part-time employees may be granted up to five days of bereavement leave in the event of the death of spouse, domestic partner, parent, child, or stepchild. Full-time regular employees and part-time regular employees may be granted up to four days of bereavement leave in the event of the death of a brother, sister, grandparent, grandchild, parent-in-law, son-in-law, daughter-in-law or member of employee's household. Full-time regular employees and part-time regular employees may be granted up to two days of bereavement leave for the death of a sister-in-law or brother-in-law. Full-time regular employees and part-time regular employees may be granted one day of bereavement leave for the death of an aunt or uncle.
(2) 
If the death of one of the above, due to distance and travel time, creates a hardship for the employee to return to work within the time limits outlined, the department head and Town Administrator may grant two additional unpaid days.
E. 
Military training and military duty.
(1) 
Military training. In accordance with the provisions of MGL c. 33, § 59, any employee shall be entitled, during the time of his/her service in the Armed Forces of the Commonwealth, under MGL c. 33, § 38, 40, 42, or 60,[2] or during his/her annual tour of duty and not exceeding 40 days in any federal fiscal year as a member of a reserve component of the Armed Forces of the United States, to receive pay therefor, without loss of his/her ordinary remuneration as an employee of the Town, and shall also be entitled to the same leaves of absence or vacation with pay given to other like employees.
[2]
Editor's Note: Section 42 of MGL c. 33 was repealed by St. 1979, c. 134.
(2) 
Military duty. Any employee who is a member of the Air National Guard or the Army National Guard or a reserve component of the Armed Forces of the United States and who is called to active service in the Armed Forces of the United States on or after July 1, 2017:
(a) 
Shall be entitled to receive pay at his/her regular base salary as a Town employee, and shall not lose any seniority or any accrued vacation, sick leave, personal leave, compensation time, or earned overtime. Such employee shall be paid his/her regular base salary as a Town employee reduced by any amount received from the United States as pay or allowance for military service performed during the same pay period. Regular base salary shall exclude overtime pay, shift differential pay, hazardous duty pay or any other nonrecurring compensation;
(b) 
Shall accumulate creditable service as defined in MGL c. 32, § 1, for the time spent on active service, to the extent permitted by law; and
(c) 
Shall continue eligibility for hospital, surgical, medical, dental and other health insurance benefits which he/she would have received if not called to active service, with no change in employee contribution.
(3) 
For the purpose of this subsection, the term "active service" shall not include active duty for training in the Army National Guard or the Air National Guard or as a reservist in the Armed Forces of the United States.
F. 
Jury duty. Any employee required to serve on a jury shall be paid the difference between the compensation received from the jury duty (excluding travel allowance) and his regular compensation from the Town. Proper evidence of jury pay received must be submitted to the department head.
G. 
Workers' compensation.
(1) 
In accordance with MGL c. 152, §§ 1 to 86, all employees (except police and fire) are entitled to the benefits and provisions of this law. An employee may use his accumulated sick or vacation leave to make up the difference between his regular pay and the amount of pay received under workers' compensation. An employee shall receive no more than 100% of his/her weekly pre-disability earnings after combining workers' compensation payments and paid leave. While an employee is placed on workers' compensation leave, the employee's benefit accruals (i.e., sick, vacation, personal, bonus, compensatory) as well as payment of stipends are suspended. Benefit accruals and payment of stipends will be reinstated effective upon the date an employee returns to active work. An employee returning to work on a full-time basis will begin accruing benefits at 100%; an employee returning to work on a less than full-time basis will begin accruing benefits on a prorated basis based on the percent of time he/she is working.
(2) 
An employee who is out on workers' compensation leave is responsible for the continued payment of his/her share of health insurance, life insurance and any voluntary insurance premiums. Leave benefits should be coordinated with the Human Resources office and the Treasurer/Collector's office.
(3) 
During the initial five-day waiting period, while the workers' compensation claim is being evaluated and before any loss wages benefits may be paid, the employee may use his/her available paid leave accrual. If an employee is placed on workers' compensation leave and loses more than 21 days of lost work time as calculated by the Town's insurance carrier, the employee may request to buy back the leave used within the initial five-day waiting period. Specified requirements and procedures for requesting buy back of leave and a description of this buy-back provision are available in the Human Resources office.
H. 
Domestic Violence Leave Act.
(1) 
The provisions of the Domestic Violence Leave Act (DVLA Act) shall be incorporated into the Personnel Bylaw. The following is a summary of the provisions for the DVLA Act but is not intended to be a complete description of the DVLA Act, nor is it intended to change, add to, subtract from or embellish the DVLA Act. If there is any conflict between the Act and this summary, the Act shall prevail. In accordance with MGL c. 149, § 52E, employees are permitted to take up to 15 days of leave from work in any twelve-month period if:
(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 employee's family member.
(2) 
Before an employee may submit a request for the use of any unpaid domestic violence leave to Human Resources, they must utilize any and all accumulated personal leave, vacation leave and sick leave available to them prior to requesting or taking leave. Approved domestic violence leave is an unpaid leave.
(3) 
Domestic violence leaves must be coordinated with the department manager and the Human Resources office. A full copy of the policy and accompanying forms may be obtained in the Human Resources office.
I. 
Other leaves of absence.
(1) 
Leaves of absence, with the exception of parental leave which shall be as outlined in § 5-14B, may be granted, without compensation, by the department head for up to 90 days. A leave of absence beyond 90 days requires prior approval of the Personnel Board. An employee does not accrue sick leave or vacation leave and is not eligible for holiday pay during an unpaid leave of absence. The date of a step rate increase is extended by the duration of the leave, if the leave is longer than 90 days.
(2) 
To be eligible for a leave of absence, an employee must have been in continuous service with the Town for at least one year. Either full-time regular or part-time regular employees working at least 20 hours per week are eligible for a leave of absence. For health and other insurance information, see § 5-12, Insurance.
(3) 
This policy shall not operate to cut off the rights and entitlements of any employee called for active military duty. A leave of absence will be granted to said employee of the duration of his/her military service to the extent provided by the applicable federal and state law.
Full-time regular employees and part-time regular employees working at least 20 hours per week, who have worked for the Town for at least one year, are eligible to apply for professional development reimbursement. The employee must complete a professional development request form. Approval of a particular course by the department head must be given prior to enrollment in order to be considered for reimbursement. Reimbursement for tuition may be considered if the professional course serves to improve the employee's knowledge and skills and increase their performance with the Town. Approval is subject to municipal and department funding for professional development each fiscal year; reimbursement may be a total or partial benefit. Reimbursement is for tuition only and does not include related fees or course materials; the reimbursement amount may not exceed the established professional development cap. A certificate of completion, or a proof of a grade of B or higher for an academic course, must be presented upon successful completion of coursework. The employee signs an agreement to remain with the Town for a period of two years after completion of the course or program. Otherwise, the employee will reimburse the Town for all educational funds received upon cessation of employment. Please see the department head or Human Resources office for a copy of the Professional Development Reimbursement Policy and application.
A. 
It is the policy of the Town of Norwell to provide a safe and reliable internet, digital information and communication technology to employees. With a wide scope of available data also comes the potential for transmission or retrieval, intentionally or inadvertently, of inappropriate material.
B. 
The Town has implemented appropriate filtering tools to promote the safe and appropriate use of the Internet and other digital information and communications in the Town. All users must behave in an ethical and legal manner. Personal or social use if this technology will not be tolerated if, in the judgment of the Town, such use is excessive, inappropriate to the workplace, inconsistent with the position of a Town employee or in conflict with one's job duties. In addition, anyone using the Town's network or gaining Internet access through the Town's resources for purposes other than work-related activity may be required to log off at any time. All users of the Town's e-mail system must use good judgment in the composition of e-mail and the selection of recipients. Any information sent via e-mail becomes a public record that may be accessed and its contents disclosed by the Town.
C. 
By authorizing use of the Town's computer equipment, it does not relinquish control over any of the components of the system, materials stored in the system, or files contained in the system. Users should expect only limited privacy in the contents of personal files on the Town's system. The Town reserves the right to examine all data stored in the machines and on the network to make sure that all users are in compliance with these regulations. Network storage areas may be treated like the contents of an employee's workspace. Network administrators may review files and communications to maintain system integrity and ensure responsible use. E-mail messages and all files or attachments included therein, sent and received by the Town's e-mail system, are backed up and archived by the Town in accordance with state and federal law.
D. 
No user shall use the Town's network to perform any act that may be construed as illegal or unethical, including the use of the network to gain unauthorized access to other systems on the network.
E. 
Except as otherwise specifically provided in the policy, the Town of Norwell assumes no responsibility for any unauthorized charges or fees, including telephone charges, long distance charges, per minute surcharges and/or equipment or line costs, incurred by individual users; any financial obligations arising out of unauthorized use of the system for the purchase of products or services; any cost, liability or damages caused by a user's violation of this policy; any information or materials that a user transmits over the Town's computer network; or any other inappropriate use of electronic resources of the Town of Norwell. The Town reserves the right to seek restitution from any user for costs incurred by the Town, including legal fees, for such user's inappropriate use of electronic resources. The Town of Norwell reserves the right to change these rules at any time without notice. A full copy of the Town's Internet, Digital Information and Communication Acceptable Use Policy is available by contacting the Town Administrator or the Human Resources office.
A. 
The Mobile Device Policy is aimed to protect the integrity of the Town's data and ensure that it remains safe and secure under the Town's control. The use of a smartphone in connection with the Town of Norwell's business is a privilege granted to employees through approval of their management. The Town reserves the right to revoke these privileges at its sole discretion in the event that users do not abide by the Mobile Device Policy. Reference to the word "device" includes, but is not limited to, all Android, iPhone, iPad, tablet, Windows mobile or other smartphones or other mobile device.
B. 
An employee will need prior authorization from the Town Administrator for the purchase of a mobile device and implementation of a voice and/or data plan. The device will be procured through the office of the Town Administrator. The employee is expected to use his/her device in an ethical manner and in accordance with Town of Norwell Internet, Digital Information and Communication Acceptable Use Policy. The employee is to take all reasonable steps to protect their Town-issued device from theft, damage, abuse, and unauthorized use. The Town reserves the right in its sole discretion to recall/disconnect Town-provided mobile devices due to budget restrictions or changes to deployment priorities.
C. 
Security protocols must be followed by the employee. The device must lock itself with a PIN (personal identification number). If left idle, the device must automatically lock and then only be activated by its PIN after a maximum time-out period of five minutes. Lost or stolen devices must be reported to the Town Administrator's office. Passwords must be changed every 90 days. The device will be remotely wiped if the device is lost; if the employee terminates employment with Town; or IT Support detects a data or policy breach or virus. A remote swipe will reset the mobile device to "factory defaults" and will erase all data and applications installed after initial configuration. Any data such as images or documents saved to the mobile device should be regularly backed up. Using the device in ways not designed or intended by the manufacturer is not allowed. This includes, but is not limited to, tampering as in "jailbreaking" or "routing" the device.
D. 
Town of Norwell employees do not have a right, nor should they have an expectation, of privacy while using Town-provided devices at any time, including accessing the Internet, using e-mail and voice communications. Electronic mail and electronically stored information concerning official Town business are generally considered "public records" that are subject to disclosure under the Massachusetts Public Records Law,[1] unless an exemption applies. Upon acceptance of a mobile device, employees give their consent to disclosing and/or monitoring of device usage, including the contents of any files or information maintained or passed through a device.
[1]
Editor's Note: See MGL c. 66, § 1 et seq.
E. 
Like all other correspondence dealing with official Town business, electronic mail messages must be retained and filed in accordance with existing public record filing procedures and retention standards. In addition, electronic communications shall be maintained in an electronic format as required by the Massachusetts Public Records Law. A full copy of the Town's Mobile Device Policy is available by contacting the Town Administrator or the Human Resources office.
A. 
Employees who wish to use Town-owned equipment such as laptop computers, iPads, tablets, etc. are subject to the following conditions:
(1) 
While on Town premises, employees must take care to protect their assigned equipment as follows: do not leave equipment unattended in a room that is not secured with a lock. If the technology is left in an office overnight, it must be kept in a secure location such as a locked cabinet or closet.
(2) 
Any Town-owned equipment that is removed from the work site must be returned in the same condition in which it was issued. Reasonable care shall be taken by the employee to protect the equipment against theft, accidental damage, and environmental harm caused by extreme temperatures, magnets, dust, etc. Only the employee assigned the equipment may use it.
(3) 
All equipment issued by the Town may be subject to recall for periodic maintenance. No software may be installed, removed, or altered on employee-issued equipment without specific permission of the Town (not including updates to current software). Employees may be held responsible for the removal of any infected items such as viruses or spyware resulting from an unauthorized download or software installation.
(4) 
It is the responsibility of the employee to notify their supervisor or manager of any damage or theft occurring on or off Town premises. The employee assigned to the equipment may be financially responsible for any damages incurred off the job site, including those caused by environmental conditions or theft. Compensation for damages may include the cost of parts and labor to repair and/or replace the equipment, at the discretion of the Town.
(5) 
Employees who use Town-owned equipment outside the office on a regular basis may obtain separate approval to accommodate the need for flexible location, with the understanding that they may be required to return the equipment periodically for the purpose of maintenance. All equipment will be returned on or prior to the last day of employment or by arrangement with the Town Administrator.
B. 
All other conditions of the Town of Norwell Internet, Digital Information and Communication Technologies Acceptable Use Policy apply to use of employee-assigned equipment. A full copy of the Town's Off-Site Use of Town-Owned Equipment Policy is available by contacting the Town Administrator or Human Resources office.
A grievance is a dispute between an employee and his appointing or supervisory authority arising out of an exercise of management rights or administrative discretion, or interpretation of this bylaw.
A. 
Step 1. An employee who has a grievance should discuss the grievance with the department head and/or supervisory authority in a mutual effort to resolve the grievance.
B. 
Step 2. If one week after such conference a satisfactory understanding and solution of the grievance has not been reached, then either the department head or the employee may refer the grievance to the Personnel Board. The Board shall hold a hearing thereon and render a written decision within 10 working days of such hearing.
C. 
Step 3. If an employee wishes to appeal the decision of the Personnel Board to the Town Administrator, the appeal must be filed in writing within 30 days following the decision of the Personnel Board.
D. 
Step 4. If an employee wishes to appeal the decision of the Town Administrator to the Board of Selectmen, the appeal must be filed in writing within 30 days following the decision of the Town Administrator.
The Classification Plan, Compensation Plan, or other provisions of the bylaw may be amended by the vote of the Town at a Town Meeting. However, no amendment shall be considered or voted on at Town Meeting unless the proposed amendments have first been considered by the Personnel Board, Board of Selectmen, and Advisory Board.
Each provision of this bylaw shall be construed as separate, to the end that if any part of it shall be held invalid for any reason, the remainder shall continue in full force and effect.