The purpose of this bylaw is to establish a Charlton Human Resources
Department and thereby to provide a system of Human Resources administration
that is reasonably uniform, fair, and efficient for the mutual benefit
of the citizens and the employees of the Town.
There shall be a Human Resources Department (HRD). The Human
Resources Director (the Director), appointed by the Board of Selectmen
on recommendation of the Town Administrator, shall be responsible
for the administration of the HRD and the Human Resources Policies,
including attendance at all meetings of the Personnel Board. The Human
Resources Director shall be a Department Head and shall report to
the Town Administrator.
The Town of Charlton Human Resources Department is intended
to operate in a manner consistent with all applicable state, federal
and local laws and so far as reasonably possible in accordance with
merit principles widely recognized and followed by municipal corporations
similar in size and nature to the Town of Charlton, which should include,
but are not limited to:
A. Recruiting, selecting and advancing employees on the basis of their
relative ability, knowledge and skills, including open consideration
of qualified applicants for initial appointment;
B. Providing reasonably fair compensation for all employees, subject
to other Town needs, Town Meeting appropriation and budgetary constraints;
C. Providing, where reasonably possible, training and development opportunities
for employees in order to encourage and facilitate high quality performance
and, where superior performance so warrants, advancement in Town employment;
D. Retaining employees on the basis of good performance, informing them
of inadequate performance so that they may have an opportunity to
improve, and separating employees whose inadequate performance is
not timely and sufficiently corrected;
E. Treating all applicants and employees in a manner consistent with
applicable nondiscrimination laws regardless of their political affiliation,
race, color, age, national origin, religion, religious beliefs, disability,
sexual orientation, marital status, gender, and gender identity or
gender expression; and
F. Preventing coercion of employees for political purposes and from
arbitrary and capricious actions.
All noncontractual Town departments and employees in those departments
shall be subject to the provisions of this bylaw.
In the event of a conflict between the provisions of this bylaw
and policies adopted hereunder and the provisions of any duly executed
collective bargaining agreement, the provisions of the collective
bargaining contract shall prevail, as and to the extent provided by
MGL c. 150E, § 7(d).
The Personnel Board shall:
A. Provide general policy recommendations for the Human Resources Department;
B. Subject to staffing levels established by the Board of Selectmen,
advise as to the title or classification and pay grade of each new
or changed position subject to this bylaw (such titles, classifications
and pay grades to be established by the Director in conjunction with
the Town Administrator, subject to approval of the Board of Selectmen),
prior to Board of Selectmen final budget review and/or the effective
date of any of the title/classification or pay grade changes;
C. Perform special studies or projects as requested by the Board of
Selectmen;
D. Report at least annually to the Board of Selectmen regarding the
Human Resources Department/practices and any recommended changes therein;
and
E. Consider and recommend to the Board of Selectmen the adoption, modification
and elimination of any particular Human Resources policy or policies.
The duties of the Human Resources Director shall include, but
not be limited to the following: staff responsibility for negotiation
and administration of labor contracts; recruitment and recommendations
with respect to employment of employees; administration of sexual
harassment and nondiscrimination policies, and similar, applicable
policies, such as anti-bullying policies, if any such are enacted
by the commonwealth or federal legislatures after adoption of this
bylaw; liaison/administration as to group health/dental insurance
or plans and life insurance; worker's compensation; safety; unemployment
compensation; loss/risk control; employee training and evaluation;
monitoring and administration of employee leave; other Human Resources
Department matters and benefits; and any other duties assigned by
the Town Administrator. The Human Resources Director shall work diligently
and exercise vigilant oversight so as to ensure to the greatest extent
reasonably possible that all Human Resources activities are conducted
in accordance with current professional standards followed by municipal
corporations similar in size and nature to the Town of Charlton.
This bylaw may be unilaterally amended, revoked or superseded
at any time by any Charlton Town Meeting. Neither any provision of
this bylaw, nor of any policy, rule or regulation promulgated hereunder,
shall be deemed to vest in any individual any contractual right or
remedy. And nor shall any of the foregoing vest in any individual
any cause of action or affect any applicable statute of limitations
or statute of repose.