[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
Personnel Bylaw shall be administered by a Personnel Board, consisting
of three members appointed by the Select Board, 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.
[Amended 5-8-2021 ATM by Art. 11]
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
Select Board, 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:
[Amended 5-8-2021 ATM by Art. 11]
(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
Select Board. 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 Select Board 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.
Is when an employee works 20 or more hours a week. Refer
to the benefit plan for specifics and entitlements.
Is the Personnel Board.
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.
Is a salaried employee exempt from overtime provisions of
the law when employed in a bona fide administrative, executive or
professional capacity.
Is a regular employee who works at least 37 1/2 hours
per week throughout the year.
Is Massachusetts General Laws with specific chapters and
sections defined governing the Town policies, procedures, and definitions
as they apply to these Personnel Bylaws.
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.
Is a regular employee who works fewer than 37 1/2 hours
per week throughout the year.
Is an employee who has not completed six months of service
or successfully passed his probation.
Is an employee who has completed his/her probationary period.
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.
Is the Town of Norwell.
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 Select Board 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.
[Amended 5-8-2021 ATM by Art. 11]
(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 of 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 current step at Grade 10 or Grade 11. 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.
[Amended 5-8-2021 ATM by Art. 45]
|
Step
|
Stipend
(per diem)
|
|---|---|
|
1
|
$173
|
|
2
|
$182
|
|
3
|
$191
|
|
4
|
$199
|
|
5
|
$208
|
|
6
|
$217
|
(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, 2022, 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: $7,000 for the family plan and $4,000
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.
[Amended 5-9-2022 ATM, Art. 55]
(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 and seasonal
employees are not entitled to vacation pay.
[Amended 5-8-2021 ATM by Art. 45]
(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.
(8)
The Town Administrator shall have the authority to modify the vacation
schedule, if warranted, for a new hire. Any change in the schedule
will be stated in the employee's initial offer of employment.
[Added 5-8-2021 ATM, Art. 45]
B.
Holidays.
(1)
The following holidays (or the day on which they are celebrated)
are observed:
[Amended 5-9-2022 ATM, Art. 55]
|
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
|
|
Juneteenth (June 19)
|
1/2 day Christmas Eve*
|
|
Independence Day
|
*When Christmas Eve is a weekday
|
|
Labor Day
|
Christmas Day
|
(2)
Holidays (except for Christmas Day) falling on a Saturday shall be
celebrated on the preceding Friday. Holidays falling on a Sunday shall
be celebrated on the following Monday. When Christmas falls on either
a Saturday or Sunday, Christmas Eve will be observed on the preceding
Friday and Christmas Day will be observed 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 Select
Board, 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.
[Amended 5-8-2021 ATM by Art. 11; 5-9-2022 ATM by Art. 55]
(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.
(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 10 days of accumulated
sick leave for an illness in their family. The Town may require certification
of said illness from a medical provider.
[Amended 5-8-2021 ATM by Art. 45]
(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:
(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 Select Board, the appeal must be filed in writing
within 30 days following the decision of the Town Administrator.
[Amended 5-8-2021 ATM by Art. 11]
[Amended 5-8-2021 ATM by Art. 11]
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, Select Board, 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.
