[1982 Code, Ch. III, § 1]
The Collector of Taxes shall collect, under the title of Town Collector, all accounts due the town which are committed to him or her. The duties of the Collector of Taxes of the Town shall be performed by the Town Treasurer.
[1982 Code, Ch. III, § 2; amended Ord. 35, passed 6-14-1994]
The Auditor shall have and perform for the town all powers and duties prescribed by the provisions of Massachusetts General Laws governing municipal auditors and accountants.
The town shall cause to be made annually, with the approval of the Town Council, an outside audit of the books and accounts of the town. The audits shall be conducted in accordance with generally accepted government auditing standards and shall be presented to the Town Council upon its completion.
The outside audit shall be performed by an external auditor or public accountant who meets the independent standards set forth under the generally accepted government auditing standards. The outside auditor shall have an appropriate background and training in municipal account systems.
[1982 Code, Ch. I, §§ 10 and 11; amended Ord. O-2013-15, passed 3-26-2013; amended Ord. O-2014-26, passed 4-22-2014; amended Ord. O-2015-15, passed 4-14-2015; amended Ord. 2016-10, passed 3-22-2016; amended Res. R-2016-66, passed 11-9-2016; amended Res. R-2017-9, passed 3-28-2017]
All offices in the Administration Building shall be open to the public for the transaction of business from 8:30 a.m. to 5:00 p.m. daily, except Saturdays, Sundays and legal holidays.
The Town Manager, after reasonable notice to the public, may by appropriate order direct that the Administration Building be closed on any day preceding or following a legal holiday or on any other day when, in his or her judgement, it is deemed expedient, necessary, or advisable.
The Building Inspector's Office continued to be open for transaction of business beginning at 7:30 a.m. until 5:00 p.m., when all offices in the Administration building are open. This division (c) can be rescinded at the discretion of the Town Manager.
[These regulations were reprinted from Chapter 10 of the By-Laws, 1980-81. Voted by Action of Town Meeting March 16 and March 23, 1964, under Articles 8 and 51, respectively, with amendments through 1980 Annual Town Meeting.]
Pursuant to the authority contained in Mass. Gen. Laws Ch. 41, §§ 108A and 108C, there shall be established plans, which may be amended from time to time by vote of the town at an annual town meeting:
Classifying positions in the service of the town other than those filled by popular election, those under the jurisdiction of the School Committee, those for which incumbents render contractual services which are not provided during regularly established working hours and those which are essentially seasonal with respect to the duties which the incumbents perform and which do not appear in Schedule A, referenced in § 30.21, into groups and classes doing substantially similar work or having substantially equal responsibilities;
Authorizing a compensation plan for positions in the classification plan;
Providing for the administration of the classification and compensation plans; and
Establishing certain working conditions and fringe benefits for employees occupying positions in the classification plan.
As used in this subchapter, the following words and phrases shall have the following meanings unless a different construction is clearly required by the context or by the laws of the commonwealth.
- ADMINISTRATIVE AUTHORITY
- The elected or appointed official or board, having jurisdiction over a function or activity.
- The Personnel Board as defined in § 30.17.
- A group of positions in the town service sufficiently similar in respect to duties and responsibilities so that the same descriptive title may be used to designate each position allocated to the class, that the same qualifications shall be required of the incumbents, that the same tests of fitness may be used to choose qualified employees and that the same scale of compensation can be made to apply with equity.
- CLASSIFICATION PLAN
- Class titles appearing in Schedule A, referenced in § 30.21 of this subchapter, plus class specifications which are on file with the Personnel Board and which are hereby incorporated by reference.
- COMPENSATION GRADE
- A range of salary or wage rates appearing in Schedules B, C, D or E, referenced in § 30.21.
- COMPENSATION PLAN
- Schedules B, C, D and E, referenced in § 30.21.
- CONTINUOUS EMPLOYMENT
- Employment (either full- or part-time) requiring a predetermined minimum work week and uninterrupted except for required military service and for authorized vacation or other leave of absence.
- Any department, board committee commission or other agency of the town subject to this subchapter.
- An employee of the town occupying a position in the classification plan.
- FULL-TIME EMPLOYEE
- An employee retained in full-time employment.
- FULL-TIME EMPLOYMENT
- Employment for not less than 7.5 hours per diem for five days a week for 52 weeks per annum, minus legal holidays and authorized vacation leave, sick leave and other leave of absence.
- GROUP or OCCUPATIONAL GROUP
- A group of classes designated by occupation as appearing in Schedule A, referenced in § 30.21.
- The dollar difference between step rates.
- MAXIMUM RATE
- The highest rate in a range which an employee normally is entitled to attain.
- MINIMUM RATE
- The rate in a range which is normally the hiring rate of a new employee.
- PART-TIME EMPLOYEE
- A person employed in a permanent status to a position in the several departments whose period of employment is less than the regular hours of work for the department to which he or she has been employed.
- PART-TIME EMPLOYMENT
- Employment on a regular basis with scheduled hours less than the regular scheduled hours of work for the department.
- PERMANENT EMPLOYEE
- An employee retained in continuous employment in a permanent position.
- PERMANENT POSITION
- A full-time or part-time position in the town service which has required or which is likely to require the services of an incumbent in continuous employment for a period of 52 calendar weeks.
- PERSONAL RATE
- A rate above the maximum rate applicable only to a designated employee.
- An office or post of employment in the town service with duties and responsibilities calling for the full-time, part-time or seasonal employment of one person in the performance and exercise thereof.
- A change from a position of lower class and compensation grade to a position with greater responsibilities in a higher class and compensation grade.
- PROVISIONAL EMPLOYEE
- An employee who is appointed to the employee force for regular full-time or part-time employment pending certification to permanent status, or to a permanent position in probationary or acting status pending certification to permanent status.
- The dollar difference between minimum and maximum rates.
- A sum of money designated as compensation for personal services on an hourly, daily, weekly, monthly, annual or other basis.
- REGULAR EMPLOYEE
- An employee who has worked 30 weeks in the aggregate during the 12 consecutive months ending May 31st of any calendar year.
- SEASONAL EMPLOYMENT
- Appointment to the employee force for a fixed period of time, and which appointment shall terminate at the conclusion of that period of time.
- STEP RATE
- A rate in a range of a compensation grade.
- TEMPORARY EMPLOYEE
- An employee retained in a temporary position as defined below, or an employee retained in a position the title of which contains the adjective temporary.
- TEMPORARY POSITION
- A position in the town's service which requires or is likely to require the services of one incumbent for a limited time and a special purpose, either full-time or on a part-time basis.
There shall be a Personnel Board consisting of five members, responsible for the administration of the classification and compensation plans. One member shall be a member of the Finance Committee, and four shall be citizens at large of the town. Appointments to the Personnel Board shall be made by the Moderator.
In making these appointments, the Moderator shall give consideration to the personal qualifications of those citizens who will best meet the responsibility of the Board to represent both town employees and taxpayers. If possible, the make-up of the Board shall consist of members professionally qualified who are familiar with the principles and experienced in the methods and practices of labor relations and personnel administration.
The terms of office of members of the Board shall be as follows: The Member of the Finance Committee shall serve for a term of one year. One citizen for a term of one year, and one citizen shall be appointed for a term of two years, and two citizens shall be appointed for terms of three years. Upon expiration of the first terms of the citizen members, their successors shall be appointed for terms of three years.
The Board shall administer the plans and shall establish such procedures as it deems necessary for the proper administration thereof.
Forthwith after its appointment and annually, the Board shall meet and organize by electing a chairman and appointing a secretary who shall be a member of the Board. A majority of the Board shall constitute a quorum for the transaction of business. A majority of the Board shall determine the action the Board must take in all matters which it is authorized or required to pass under this subchapter.
The Board may employ assistance and incur expenses as it deems necessary subject to the appropriation of funds therefor. It shall appoint a clerk.
The clerk of the Board shall maintain adequate personnel records of all employees occupying positions subject to the classification and compensation plans.
The Board from time to time, of its own motion, shall investigate the work features and rates of salaries or wages of any or all positions subject to the provisions of this subchapter. Reviews shall be made at intervals as the Board deems necessary and, to the extent which the Board considers practicable, shall include all occupational groups in the classification plan.
The Board shall maintain written job descriptions or specifications of the classes in the classification plan, each consisting of a statement describing the essential nature of the work and the characteristics that distinguish the class from other classes. The description for any class shall be construed solely as a means of identification and not as prescribing what the duties or responsibilities of any position shall be, or as modifying, or in any way affecting, the power of any administrative authority, as otherwise existing, to appoint, to assign duties to, or to direct and control the work of any employee under the jurisdiction of such authority.
Upon recommendation of a department head, supported by evidence in writing of special reasons and exceptional circumstances satisfactory to the Board, the Board may authorize an entrance rate higher than the minimum rate for a position, and/or such other variance in the compensation plan as it may deem necessary for the proper functioning of the services of the town. No variance shall become effective unless, or until, the necessary funds have been appropriated therefor.
Initial employment in the library service in any of the professional positions or classifications included in § 30.21 may be at rates above the minimum rate shown when, in the judgment of the Trustees of the Free Public Library, prior experience and training justifies the rate, and the authorization of the Board in such cases shall not be required.
Whenever a vacancy occurs in any position subject to the compensation plan, the Personnel Board will be notified of the vacancy.
In departments which come under the jurisdiction of the Civil Service Commission, the appropriate list of certified candidates shall be requested, if the position is to be filled.
In the absence of such a list, appropriate Civil Service procedures shall be followed, if the position is to be filled.
In departments which are exempt from Civil Service, the position(s) shall be advertised. If the position is to be filled.
Applications shall be reviewed and a list of eligible candidates shall be prepared and sent to the appointing authority for final selection, except that the Library Department, under provisions of Mass. Gen. Laws Ch. 78, will reserve the right to receive applications from which the Trustees may make appointments.
No employees shall commence work, receive wages or compensation unless these procedures shall have been followed.
The Board shall make an annual report in writing to the Board of Selectmen and the Finance Committee not later than the fourth Monday prior to the first business meeting of the annual town meeting.
All positions in the service of the town except those excluded by § 30.15 are hereby classified by titles appearing in Schedule A, referenced in § 30.21 which is made a part hereof. These classes of positions shall constitute the classification plan for paid town services.
The title of each class, as established by the classification plan, shall be the official title of every position allocated to the class and the official title of each incumbent of a position so allocated, and shall be used to the exclusion of all others on payrolls, budget estimates and other official records and reports pertaining to the position.
The title of a position which is held by an employee with a dual or a multiple Civil Service rating shall be that recommended by the employee's department head, or by the administrative authority having jurisdiction over the organization unit to which the employee is assigned.
Whenever a new position is established, or the duties of an existing position are so changed that in effect a new position is created, upon presentation of substantiating data satisfactory to the Personnel Board, the Board shall allocate the new or changed position to its appropriate class.
No position may be reclassified until the Personnel Board shall have determined the reclassification to be consistent with the classification plan.
The compensation plan shall consist of Schedules B, C, D and E, referenced in § 30.21, which provide minimum and maximum salaries or wages for certain of the classes in the classification plan. The salary range of a class shall be the salary range of all positions allocated to the class.
Each employee shall continue to be paid on the same basis as in effect at the time of adoption of this subchapter unless otherwise provided in the compensation plan.
No administrative authority shall fix the salary of any employee in a position in the classification plan except in accordance with the compensation plan.
No person shall be paid as an employee in any position subject to the provisions in the classification plan under any title other than those appearing in Schedule A, referenced in § 30.21.
An employee in continuous employment in a class appearing on Schedules B, C, or certain grades of Schedule E, referenced in § 30.21 shall receive the increment between his or her present rate and the next higher step rate as follows:
Beginning with the pay period following completion of 12 months service at the minimum or other rate if a rate other than the minimum is authorized as his or her hiring rate.
Thereafter 12 months from the date of his or her previous increase until he or she attains the maximum rate of the range of the compensation grade to which his or her class is assigned.
An employee receiving a promotion to a vacant position or to a new position as defined in § 30.18(C) shall, upon assignment resulting from such promotion, receive the rate in the compensation grade of the vacant or new position next above his or her existing rate. If the resulting adjustment does not equal $100 for a position class assigned to Schedule B or $0.05 for a position class assigned to Schedule D, the adjustment shall be to the second rate above the existing rate but within the compensation grade of the vacant or new position.
Upon recommendation of a department head supported by evidence in writing, the Personnel Board may authorize a rate of pay above the minimum for an employee receiving a promotion to a vacant or new position as defined in § 30.18(C) but consistent with the classification plan and the appropriation voted therefor.
The employee receiving a promotion and adjustment in rate pursuant to the provisions of the preceding division shall receive the next increment of his or her compensation grade following completion of 12 months at the rate resulting from the promotion.
The employee who is transferred to a similarly rated or to a lower rated position for the convenience of the town shall enter the new position at his or her rate in the position from which he or she is transferred.
Each administrative authority shall include in its estimates, required by the provisions of Mass. Gen. Laws Ch. 41, § 59, a pay adjustment section setting forth in detail the amounts which will be required for anticipated pay adjustments during the ensuing year and shall furnish a copy thereof to the Board.
The classification plan and/or the compensation plan and/or other provisions of this subsection may be amended by vote of the town at an annual town meeting in the same manner as other by-laws of the town may be amended. However, no amendment shall be considered or voted on by town meeting unless the proposed amendment has first been considered by the Board and the Finance Committee.
The recommendation of the Personnel Board as to a proposed amendment to this subchapter shall be made to the town meeting before a vote is taken thereon. A proposed amendment must be submitted to a town meeting substantially as presented to and as heard by the Personnel Board.
Similarly, the Finance Committee shall report to the town meeting as a part of its estimates of town expenditures the impact of a proposed amendment which is approved by the Personnel Board together with a recommendation or recommendations as the Finance Committee deems expedient.
The Board, of its own motion, may propose an amendment to the plans or other provisions of this subchapter based on its findings resulting from its investigations as provided in § 30.17(H).
The following schedules, together with class specifications previously incorporated by reference, are hereby adopted by reference as if fully attached hereto, and constitute the classification and compensation plans of the town as defined in § 30.16. Copies of the schedules are on file for examination and inspection in the office of the Town Clerk:
Employees occupying administrative or clerical positions in part-time employment which may be continuous employment or which may constitute intermittent or casual service shall be compensated at hourly rates appearing in a schedule located on file in the office of the Town Clerk and which is hereby incorporated in the compensation plan.
The work week for full-employment in each occupational group shall be as follows:
Upon adoption of this subchapter at an annual town meeting, the rate of each eligible employee occupying a position in the classification plan shall become effective on July 1 of the year of adoption.
The rate of each eligible employee shall be adjusted in the same corresponding step rate in his or her designated compensation grade of § 30.21 as the step rate which he or she occupied as of July 1 of the year of adoption. His or her corresponding step rate shall be determined by the same number of increments below maximum. (If more step rates are in his or her old than in his or her new compensation grade, the adjustment shall be at least to the minimum rate of the new compensation grade.)
The adjustment of the rate of an individual employee as provided in the preceding paragraph shall, however, be subject to the following:
If the amount of the increase is in excess of $500, the first year adjustment shall be limited to $500.
The balance of the initial adjustment determined by division (B) of this section shall be paid to the eligible employee in the second year following adoption of the compensation plan in addition to any further increment for which the employee may be eligible during that year.
If the minimum rate of an employee's old compensation grade is higher than the minimum rate of his or her new compensation grade and if his or her rate is at the old minimum at the time of adoption, his or her adjustment shall be to the step rate of the new compensation grade which is next above the old minimum rate.
If an employee's rate at the time of adoption is above the maximum rate of his or her appropriate new compensation grade, his or her rate shall become a personal rate and as defined in § 30.16, shall apply to the subject employee and not to the position.
Following adoption of this subchapter and application of rates in § 30.21 as provided in the preceding divisions, employees shall be eligible for subsequent pay adjustments on anniversary dates as set forth in § 30.19(E).
Nothing in this section shall be construed as authorizing adjustment to any rate above the maximum rate in the range of the compensation grade.
Administrative and Clerical Group. An employee occupying a position classified in this group shall receive overtime compensation for hours worked in excess of 40 hours per week at the rate of 1 1/2 times his or her regular rate. In lieu of overtime compensation, the employer may, allow compensatory time off.
Custodian Group. An employee occupying a position classified in this group shall receive compensation for hours worked in excess of those constituting his or her established work week at time and one-half determined by dividing his or her weekly rate by 40.
Inspection and Professional Group. An employee occupying a position classified in one of these two groups is not entitled to overtime compensation as set forth in § 30.23.
Mechanical and Construction Group.
Employees occupying positions classified in this group are normally not eligible for compensation for hours worked in excess of those constituting the work week for this group as set forth in § 30.23. In the event of special circumstances which may require overtime services on the part of an employee, the Personnel Board may approve compensation to the employee at time and one-half upon application of the department head setting forth the nature and extent of such services.
The Personnel Board may also grant blanket approval upon application of a department head for the payment of overtime at time and one-half to employees occupying positions in the Mechanical and Construction Group for services which may be required under emergency conditions.
Payment of overtime compensation to an employee occupying a position in this group will not be made without Personnel Board approval either before or after the fact.
Labor Group. An employee occupying a position in this group shall be compensated at 1 1/2 times his or her regular hourly rate for hours worked in excess of eight hours during a regularly assigned work day and for all hours worked on other than a regularly assigned work day provided that he or she has been credited with 40 hours pay at his or her regular rate for five consecutively-assigned work days prior to performing work on the non-assigned work day. Double time will be paid for all hours worked on Sunday, not part of the work week.
Public Safety Group.
If an employee whose position is in one of the police classifications is required, except for court appearances, to be on duty for any period in excess of his or her regular hours of duty as from time to time established, he or she may be given time off equal to the period of overtime duty or if time off cannot be given by reason of personnel shortage or other cause, he or she may be paid for the period of overtime duty at an hourly rate as may be determined by the authority in charge of the department, which rate shall in no event be less than 1 1/2 times the hourly rate of his or her regular compensation for his or her average weekly hours of regular duty.
If an employee whose position is in one of the fire classifications shall be required to be on duty for any period of time in excess of his or her regular hours of duty, as from time to time established, he or she may be given time off equal to the period of overtime duty, or if time off cannot be given by reason of a personnel shortage or other cause he or she may be paid for the period of overtime duty at hourly rate as may be determined by the authority in charge of the fire department, which rate shall in no event be less than 1 1/2 times the hourly rate of his or her regular compensation for his or her average weekly hours of regular duty.
Library Group. A permanent full time employee occupying a position in this group shall be compensated at 1 1/2 times his or her regular hourly rate for all hours worked on Sunday, providing they shall have worked a minimum of 37 hours in the previous week. No employee shall be required to work on Sunday.
The following days, proclaimed and recognized by the Commonwealth, shall be recognized as legal holidays within the meaning of this subchapter, on which days employees shall be excused from all duty not required to maintain essential town service:
Every employee in full-time employment shall be entitled to these designated holidays on the following terms:
If paid on an hourly basis he or she shall receive one day's pay at his or her regular rate based on the number of hours regularly worked on the day which the designated holiday occurs.
If paid on a weekly, monthly or similar basis, he or she shall be granted each designated holiday without loss in pay.
Permanent part-time employees whose hours of work follow a regular weekly schedule of an average of 20 hours or more, which average may be computed over the previous eight-week cycle, shall be paid in such proportion as their part-time service bears to full-time service. Temporary employees, or employees in a temporary employment status, hired on and after December 31, 1971 shall be granted time off without pay. Employees rendering essentially contractual services shall not be paid for time off on such holidays.
Provisional employees shall be deemed to be permanent employees for purposes of holiday pay.
Payment under the provisions of this section shall be made provided the eligible employee shall have worked on his or her last regularly scheduled working day prior to and his or her next regularly scheduled working day following the holiday, or was in full pay status on the preceding and following days in accordance with other provisions of this subchapter.
An employee occupying a position classified in the Mechanical and Construction or Labor Groups who, because of a rotation of shifts, works different days in successive weeks shall be granted, in each year in which the number of holidays falling on his or her regular days off is in excess of the number of holidays in that year falling on Saturday, additional days off equal to the excess.
An employee occupying a position classified in the Custodian, Mechanical and Construction or Labor groups who performs work on one of the days or dates designated in division (A) shall be paid at his or her regular rate for the day or date in addition to the amount to which he or she is entitled under division (B) unless the work is performed during a tour of duty which began on the day preceding the holiday.
An employee occupying a position classified in the Custodian or Mechanical and Construction groups shall be paid at his or her regular rate for work performed on Saturday of a week in which one of the days or dates designated in division (A) occurs, provided the work performed is that which was scheduled for the day of the holiday.
An employee occupying a position classified in the Public Safety group in one of the police classifications shall be entitled to compensation in addition to that provided under division (B) in accordance with the provisions of Chapter 268, Section 17A of the Acts of 1952 accepted by the town on April 4, 1955.
An employee occupying a position classified in the Public Safety group in one of the fire classifications shall be entitled to compensation in addition to that provided under division (B) in accordance with the provisions of Chapter 640 of the Acts of 1953, accepted by the town on April 4, 1955.
Employees occupying positions classified in the Administrative and Clerical, Inspection, Professional and Supervisory groups shall not be entitled to additional compensation for work performed on one of the days or dates designated in division (A).
Whenever one of the holidays set forth in division (A) falls on a Sunday, the following day shall be the legal holiday.
Eligible employees shall be entitled to vacation leave as provided elsewhere in the bylaws of the town.
Eligible employees shall be entitled to sick leave as provided elsewhere in the bylaws of the town.
Every person hereinafter employed by the town in a position included in the classification plan as well as School Custodians, School Clerical Employees and Cafeteria Personnel, except when performing casual service, shall undergo a physical examination satisfactory to the State Watertown Contributory Retirement Board. The examining physician shall be appointed by the Board of Selectmen or School Committee, as the case may be, and shall render a sealed report of his or her findings to the Personnel Board, or, in the case of a school employee, to the School Personnel Director, having the name of the applicant written on the envelope. After receipt of the report has been entered on the respective personnel records, the report shall be deposited with the State Watertown Contributory Retirement Board for safe keeping, the contents subject to future view only by a physician designated by the Selectmen, or the School Committee, as the case may be, otherwise the report shall be confidential.
Nothing in this subchapter shall be construed to conflict with Mass. Gen. Laws Ch. 31.
Every person appointed to the position of Police Officer or Fire Fighter subsequent to the adoption of this subchapter shall be a resident of the Town of Watertown.
Any Police Officer or Fire Fighter appointed prior to August 1, 1978 who resides in a city or town located further than 15 miles from the limits of the Town of Watertown and who changes his or her domicile after August 1, 1978 shall be required to reside within 15 miles of the limits of the Town of Watertown pursuant to Mass. Gen. Laws Ch. 41, § 99A.
Longevity payments shall be added to the annual compensation of each full time employee under this subchapter (except those in Police and Fire classifications) after completion of 10 years of continuous employment in accordance with specific collective bargaining agreements.
Permanent part-time employees who work 20 or more hours per week shall receive longevity payments on a prorated basis.