[HISTORY: Adopted by the Town of Sterling 5-3-2014 ATM, Art. 6; as amended through 6-22-2020 ATM, Art. 27. Amendments noted
where applicable.]
A.
Pursuant to the authority contained in MGL c. 41, §§ 108A
and 108C, the Town of Sterling establishes a Personnel Bylaw (this
bylaw) that consolidates all provisions pertaining to the administration
of its personnel, including, among other things, the Compensation
Plan, and assigns responsibility to the Town Administrator, acting
as the Human Resources/Personnel Director, to administer said plans
or other provisions of its bylaws pertaining to personnel, determining
any questions arising thereunder, and advising the Town in any matters
pertaining thereto.
B.
The Classification Plan and/or Compensation Plan or any other provisions
of this bylaw may be amended by vote of the Town at either an Annual
or Special Town Meeting. Any proposed amendments to the Personnel
Bylaw that will have a financial impact on the Town shall be submitted
to the Finance Committee for their review and comment prior to Town
Meeting.
C.
Nothing in any of the Town of Sterling's Personnel Rules, Policies,
Procedures or other documents relating to employment with the Town
of Sterling ("the Town") creates any express or implied contract or
guarantee of continued employment for a specific term, nor do past
practices or procedures, whether oral or written, from any express
or implied agreement or contract to continue such practices or procedures.
No promises or assurances, whether written or oral, which are contrary
to or inconsistent with the limitations set forth in this subsection
create any contract of employment unless: 1) the terms are put in
writing, 2) the document is labeled "Contract," 3) the document states
the duration of employment, and 4) the document is signed by the Select
Board or Appointing Authority.
D.
Employees of the Town that are not otherwise covered by a collective
bargaining agreement, employment agreement or statutory term of employment/appointment
are at-will employees. Either party may terminate the employment relationship
at any time with good cause as long as it is not based on a discriminatory
motive. The term "good cause" shall include but not be limited to
the following: incapacity other than temporary illness, inefficiency,
incompetence, insubordination and conduct unbecoming the office.
E.
This bylaw shall apply to all Town departments and to all positions of all employees in the service of the Town, whether full- or part-time, temporary, seasonal, special, per diem or any other type of employment, other than those positions which are filled by popular election, those under the jurisdiction of the School Committees, those within the Municipal Light Department, and those positions which are covered by separate agreements between any employee or association of employees and the Town developed through collective bargaining. If any agreement between an employee or association of employees and the Town does not address any item addressed in § 201-6B, C, and D, then the provisions of § 201-6B, C, and D shall apply to those employees.
A.
Administration. The Human Resources/Personnel Director shall be responsible
for the review and recommendation of all changes to the Town's Personnel
Bylaw, and the establishment of all policies pertaining to the provision
of human resource services to employees covered by the provisions
of this bylaw that it deems necessary for the proper administration
thereof.
B.
Personnel records.
(1)
The Human Resources/Personnel Director shall be responsible for the
maintenance of official personnel files for all employees in the service
of the Town, other than those under the jurisdiction of the School
Committees, or those within the Municipal Light Department, including
therein such information as required by law. Said records shall be
shall be kept in the office of the Town Treasurer/Collector and shall
include all original documentation pertaining to each employee in
accordance with applicable state and/or federal regulations. Department
heads may maintain files supporting departmental actions. Department
heads shall furnish such information as shall be requested by Human
Resources/Personnel Director.
(2)
Current and/or former Town employees have the right to examine their
personnel files pursuant to MGL c. 149, § 52C. No personnel
files may be taken out of the Treasurer/Collector's office without
consent of the Human Resources/Personnel Director.
(3)
The Human Resources/Personnel Director or their designee shall provide
a copy of the Personnel Bylaw to each new employee and department
head. The employee shall execute an acknowledgement form indicating
receipt of the bylaw. The original signed acknowledgement shall be
placed in the employee's personnel file.
(4)
Pursuant to MGL c. 149, § 52C, the Human Resources/Personnel
Director will notify an employee within 10 days of placing information
in an employee's personnel file that is, has been used, or may be
used, to negatively or positively affect an employee's qualification
for employment, promotion, transfer, additional compensation or subject
to disciplinary action.
C.
Authority.
(1)
The Human Resources Director, from time to time, will review provisions
of this bylaw and shall recommend any changes or adjustments to the
Personnel Bylaw, the Classification Plan, and/or Compensation Plan
for approval by Town Meeting. Such reviews shall be made at intervals
as the Human Resources/Personnel Director deems necessary.
(2)
Each year, the Human Resources/Personnel Director shall make a recommendation
at the Annual Town Meeting for an appropriate compensation adjustment
for all employees in the Town through either a "step increase" or
a "cost of living adjustment," or some other means.
As used in this bylaw, the following terms shall have the meaning
indicated:
Any time an employee is not at work during a scheduled work
period.
The elected or appointed official or Board, Committee, Commission,
or other Agency having jurisdiction over a function or activity.
The placing of a position in its proper classification or
grade level, based upon duties required by the Town to be performed,
the level of accountability, independence and supervisory responsibilities
exercised.
The date of initial employment to a position as an employee
of the Town.
Any person(s), Board, Committee, Commission, or other Agency
who has the right to hire or discharge employees.
A group of positions in the Town service sufficiently comparable
in respect to duties and responsibilities so that the descriptive
title may be used to designate each position allocated to the Class,
that comparable qualifications shall be required of the incumbents,
that comparable tests of fitness may be used to choose qualified employees.
Class specifications and position titles and rules for administering
the classification of positions as approved by the Personnel Board
and Town Meeting. Appearing as Attachment A in this bylaw.
A salary range (Minimum/Maximum) consistent with a Classification
Level appearing in the Town's Compensation Plan in this bylaw (Attachment
B).
Specified rates of pay for each job classification included
in the Classification Plan (Attachment A) and benefits as included
in the various sections of this bylaw.
Length of employment with the Town of Sterling, uninterrupted
except for authorized military leave, vacation leave, sick leave,
court leave, disability, maternal/paternal leave, or any other authorized
leave of absence, if applicable and covered in the terms of this bylaw.
Service shall not be considered as continuous if there is a break
of service resulting in an employee being in a non-pay status for
a period of time exceeding 30 days excepting authorized leaves of
absence.
A functional unit of Town government with employees.
Any person who is paid by the Town for services rendered
to the Town and occupies a position in the Classification Plan (Attachment
A or Attachment B) or is a member of a collective bargaining group,
excluding elected officials, independent contractors, Municipal Light
Department employees, and persons under the direction of the School
Committees.
An employee who is classified as "exempt" under the provisions
of the Fair Labor Standards Act (FLSA) is required to perform management,
administrative responsibilities or require specialized professional
qualifications and is paid a salary for all hours worked and therefore
is not eligible for overtime compensation.
An employee who is legally employed by the Town and is entitled
to be paid in accordance with the provisions of this bylaw a specific
dollar amount, expressed as either an annual rate, weekly rate or
hourly rate as shown in the Town's Classification and Compensation
Plan (Schedules B, C, D and E) excepting authorized leaves of absence
in accordance with this bylaw.
An employee who is legally employed by the Town and is compensated
through the Town's payroll for their services on a continuous basis
and is eligible for benefits covered in this bylaw.
Defined as spouse, mother, father, child, including stepchild,
brother, sister, brother-in-law, sister-in-law, mother-in-law, father-in-law,
grandparents, grandchild, aunt, uncle, niece, nephew, stepparent,
stepsister, stepbrother, person residing in the same household or
partner.
Employees who are filling in for a more senior person for
a continuous period of time greater than 10 working days. Employees
may receive special pay consideration as determined based on the recommendation
of the Town Administrator or Appointing Authority and subject to the
approval by the Personnel Board. The rate of compensation will be
based on length of assignment, the level of the employee's performance
and the classification level (salary range) of the senior person,
market conditions and qualifications of the employee subject to verification
of available funding.
A particular job title within the Classification Plan.
The highest rate of pay in a classification level.
The lowest rate of compensation in a classification level
In accordance with the provisions of the FLSA, an employee
who is not classified as an exempt employee. Non-exempt employees
will be paid overtime at a rate of pay of 1 1/2 times their regular
hourly rate of pay for all hours that the Town requires an employee
to work greater than 40 hours in a work week.
An employee who is required to work up to 52.2 weeks per
year for less than 20 hours on average each week; or for irregular
or occasional employment at an hourly rate of pay.
A specific dollar amount, expressed either as an annual rate,
weekly rate, or an hourly rate as shown in the Classification and
Compensation Plan (Attachments A and B).
A specified daily rate of pay paid to an employee when on-call
or when required to work and is expressed as either an hourly or daily
rate of pay.
An office or post of employment in the Town service with
duties and responsibilities calling for full-time, part-time, temporary
or seasonal employment of one person in the performance and exercise
thereof.
A fair, objective way of classifying or comparing positions
to one another based upon the evaluation of common functions of positions
such as the nature of work knowledge, skill and ability requirements
to carry out a position's duties, the scope of responsibility, accountability
level of independence, purpose and nature of work contacts and physical
and sensory demands, hazards of the work environment and occupational
risks.
A sum of money designated as compensation for personal services
on an hourly, daily, weekly, monthly, annual or other basis.
Any employee who is employed no less than 40 hours per week,
up to 52.2 weeks per year for the department or position in which
that person is employed.
Any employee who works at least 20 hours or more each week
for up to 52.2 weeks per year, but less than a normal work week for
the department or position in which that person is employed. These
employees are eligible for Town benefits on a pro-rated basis (actual
hours required to work as a percentage of a full-time work schedule
of 40 hours per week.
The dollar difference between minimum and maximum rates for
a particular compensation grade.
An employee whose duration of employment in a position is
for a specified period of time such as a specific number of hours
per week or a summer season. Seasonal employees are not entitled to
Town benefits regardless of the hours worked during the specified
season.
Leaving a position by any type of personnel action, including
but not limited to resignation, layoff, dismissal, removal, permanent
disability and death.
A rate of pay for a special, temporary or seasonal position
for which there is no range.
A specific rate of pay in a salary range in a classification
level as specified in Attachment A of this bylaw.
The Town of Sterling, Commonwealth of Massachusetts.
A period of time consisting of seven consecutive twenty-four-hour
days Monday to Sunday, 12:01 a.m. to 12:00 a.m.
A.
Administration.
(1)
The Human Resources/Personnel Director shall be responsible for the
administration of the Classification Plan (the Plan), establishing
only such procedures as may be consistent with the policies as established
in the bylaw.
(2)
The Human Resources/Personnel Director shall maintain written descriptions
of the jobs or positions in the Plan describing the essential characteristics,
requirements and general duties. The descriptions shall not be interpreted
as either complete or restrictive and employees shall continue to
perform any duties assigned by an employee's superior(s).
(3)
Unless otherwise provided by law, the Human Resources/Personnel Director
is responsible for all employee matters relating to merit, work hours,
work location, discipline, termination and any other employee related
issue. Boards and Committees will have input, however the final determination
will be with the Human Resources/Personnel Director.
(4)
The Human Resources/Personnel Director shall, from time to time not
to exceed three years, review the wage and salary schedules of all
positions subject to the Plan in order to keep informed as to pay
rates and policies outside the service of the Town, and be in a position
to recommend to the Town any action deemed desirable to maintain a
fair and equitable (competitive) pay level.
(5)
The Human Resources/Personnel Director shall review the duties of
all employees subject to the Plan at intervals of not more than three
years. The Human Resources/Personnel Director upon receipt of substantiating
data may approve a new position for addition to the classification
schedule, or reclassify an existing position to a different group,
subject to the subsequent ratification of this action by formal amendment
of the relevant Classification or Compensation Plan by vote of the
Town Meeting. Any change that requires an additional appropriation
of funds is subject to the recommendation of the Finance Committee
and approval of Town Meeting.
(6)
The allocation of a position is based on the application of a Position
Appraisal Method consisting of a set of universal evaluation criteria
or minimum qualifications that are required to successfully perform
the essential functions of a position. Each position is assigned a
numerical point value based on the application of degree levels within
each of the evaluation criteria; the sum point total will determine
which grade level a position is to be classified.
(7)
Any changes to the Classification and Compensation Plan recommended
by the Human Resources/Personnel Director for the forthcoming year
shall be sent to all appointing authorities as well as the Finance
Committee and department heads by December 10th of each year in conjunction
with the development of the Town's Annual Budget, subject to the subsequent
ratification of its action by formal amendment of that section of
this bylaw at the next Annual Town Meeting.
B.
Position classification. No person shall be appointed, employed or
paid as a Town employee in any position under the Classification Plan
and Compensation Plan under any title, grade, or salary other than
that of the class, title, grade, or salary listed in the Classification
Plan and Compensation Plan for that position.
C.
D.
Position title. The title of each position, as established by the
Classification Plan (Attachment B), 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.
A.
Application.
(1)
It is the policy of the Town to develop and maintain a compensation
plan that is competitive with the marketplace enabling the Town to
recruit and retain a quality work force. External salary data is collected
on a regular basis from comparable communities as determined from
the geographical recruitment area as well as operational and demographic
criteria on a position by position basis. The Town may make changes
to the salary ranges for each grade level as it deems necessary in
order to maintain competitiveness with the marketplace.
(2)
The compensation of employees provided for in this section shall
be subject to the availability of appropriated funds by Town Meeting.
It is further understood that salary adjustments, including step increases,
are not automatic but are subject to the appropriation of funds.
B.
Pay and salary schedule. The Compensation Schedule annually approved
by the Town Meeting and appended to this bylaw (Attachment B) shall
consist of hourly rates, where appropriate, and annual salaries, on
a grade and step schedule except for those wages that are presented
as either a single rate or range.
C.
The Compensation Schedule will include a merit and longevity step
increase plan, which shall apply only to regular non-union positions
(full-time and part-time) as detailed in Attachment 1, and only if
those employees have not received another increase other than COLA
due to their own employment contracts. This longevity schedule is
meant to reward employees for their long-term service with the Town
of Sterling. These longevity payments shall be made in one lump sum
in a warrant to be determined by the Treasurer/Collectors Office in
conjunction with the Personnel HR Director in the fiscal year after
the completion of their milestone year. Any employee beyond the top
step shall receive the top step at the completion of the next year.
This may only occur once.
[Amended 5-1-2023 ATM by Art. 22]
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Increases
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Step 1:
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3rd year
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$250
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Step 2:
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5th year
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$500
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Step 3:
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10th year
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$1,000
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Step 4:
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15th year
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$1,500
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Step 5:
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20th year
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$2,000
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•
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Step 6:
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25th year
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$2,500
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Step 7:
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30th year
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$3,000
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Step 8:
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35th year
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$3,500
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D.
Pay rate for new personnel.
(1)
The hiring rate of pay shall be between the minimum and the mid-point
of the salary range of the position's Classification Level for which
the new employee is hired without prior approval of the Select Board,
where market conditions and/or the employee's prior work experience,
training, or education warrants such action. Subject to the approval
of the Select Board and availability of funds, the Town Administrator
may authorize a higher rate of pay, up to the maximum of the salary
range of the position's Classification Level, where market conditions
and/or the employee's prior work experience, training, or education
warrants such action.
(2)
New employees eligible for the merit and longevity step increase
plan described in this section will be considered to be at Step 1
of that plan, regardless of their initial salary, and may progress
accordingly.
E.
"Personal rate" of pay. Any rate of pay which is above the maximum
salary for a position as established by the Town's Classification
and Compensation Plan, shall be deemed to be a personal rate of pay,
and shall apply only to the incumbent. No employee receiving a personal
rate shall have their salary increased through the step increase longevity
plan unless their increases have only been the standard COLA offered
to other employees, but they will continue to receive any COLA increase
awarded each year. When such incumbent leaves the employ of the Town,
or is transferred to another position or a new maximum higher than
the employee's personal rate is established, the personal rate shall
disappear.
A.
Application.
(1)
Regular full-time employees. All of the employee benefits listed
below apply to regular full-time employees.
(2)
Regular part-time employees.
(a)
All of the below listed employee benefits, with the exception
of holidays, apply to regular part-time employees. These employees
are eligible for all employee benefits on a pro-rated basis (actual
hours required to work as a percentage of a full-time work schedule
of 40 hours per week).
(b)
Part-time or seasonal employees are not eligible for any employee
benefits, listed below.
B.
Compensated absences.
(1)
Holidays.
(a)
The following 11 days or dates shall be recognized as legal
holidays within the meaning of this bylaw on which days employees
shall be excused from all duty not required to maintain essential
Town services.
(b)
Regular full-time employees will be entitled to one day's pay
at regular straight time rates for each holiday. If the holiday falls
on a Saturday, it will be observed on the previous work day and if
it falls on Sunday, it will be observed on the following work day.
(c)
Regular part-time employees scheduled to work on a holiday shall
receive pay based on their regular scheduled hours for that day. If
an employee is not scheduled to work on a particular holiday, the
employee shall not be eligible for pay for that holiday. The designated
holidays are:
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New Year's Day
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Labor Day
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Martin Luther King Day
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Columbus Day
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President's Day
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Veterans' Day
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Patriots' Day
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Thanksgiving Day
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Memorial Day
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Independence Day
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Christmas Day
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(d)
Payment under the provisions of this section shall be made provided
the eligible employee shall have worked on the last regularly scheduled
working day prior to and the next regularly scheduled working day
following such holiday, or was in full pay status on such preceding
and following days in accordance with the provisions of this bylaw.
(e)
When any of the holidays listed above falls within a sick leave
period, it shall be granted as a holiday and no charge made to the
employee's sick leave credits.
(f)
When any of the holidays listed above fall within a vacation
period, it shall be granted as a holiday, not as vacation leave.
(g)
Any regular full-time or regular part-time employee on a normal
work schedule whose services are required and who works on any unscheduled
holiday, so designated by an Act of the Legislature as a state wide
holiday, shall receive additional compensation at the rate of time
and one-half of their regular straight time hourly rate for each hour
or portion thereof worked on the unscheduled holiday.
(h)
Any act of the General Court establishing any day or days designated
as a state holiday shall be granted to all regular full-time and regular
part-time employees covered by this bylaw.
(2)
Vacation pay.
(a)
Employees will accumulate vacation pay on a monthly basis, on
the last day of each full month worked in accordance with the provisions
of this section listed below. Regular full-time employees are eligible
for vacation as follows:
[1]
After completing six months of continuous service, the employee
is eligible for 6 2/3 hours of paid vacation at a normal day's
pay for each full month of continuous service to the Town from the
date of hire.
[2]
After one year and up to a maximum of five years service, the
employee is eligible for 6 2/3 hours of paid vacation at a normal
day's pay for each full month of continuous service provided to the
Town, but not to exceed a maximum of 80 hours.
[3]
After five and up to a maximum of 15 years service, the employee
is eligible for 10 hours of paid vacation at a normal day's pay for
each full month of continuous service provided to the Town, but not
to exceed a maximum of 120 hours.
[4]
After 15 years and up to 20 years service, the employee is eligible
for 160 hours of paid vacation earned and paid as above.
[5]
After 20 years service, the employee is eligible for 200 hours
of paid vacation earned and paid as above.
(b)
Employees who are eligible for 160 or 200 hours of paid vacation
may elect to work no more than one vacation week and receive vacation
pay plus their regular straight time pay for that week, but only after
prior approval has been received from the employee's department head
or Board, Committee, or Commission responsible for the employee's
department.
(c)
Vacation time shall not be cumulative from year to year except
for up to 80 hours which may be held over to be used during the next
fiscal year at a time that is mutually agreeable to the employee and
their department head.
(d)
The choice of vacations shall be on the basis of seniority in
the department and approved by the department head. Department heads
shall post the vacation schedule annually.
(e)
In case of retirement or termination of employment, the employee
shall be paid for all accrued vacation time earned up to the termination
date. A negative balance for vacation must be reimbursed to the Town
with the last paycheck or arrangements must be made to repay the deficit
unless otherwise prohibited by law.
(3)
Sick leave.
(a)
Each regular full time-employee shall earn sick leave credit
with pay at the rate of 10 hours for each month of continuous employment
with the Town, to a maximum of 120 hours per fiscal year.
(b)
The sick leave credit of a regular part-time employee shall
be prorated in accordance with the provisions of this section for
regular full-time employees.
(c)
The maximum number of such days of sick leave credit that may
be accumulated is 190 days. Employees will accumulate sick leave on
a monthly basis, on the last day of each full month worked and in
accordance with the other provisions of this section.
(d)
The Office of the Treasurer/Collector is responsible for maintaining
records of sick leave days accumulated and used for all eligible employees
within the Town and reporting same to the Human Resources Administrator.
(e)
The Town, at its exclusive discretion, reserves the right to
request a written certificate from a Town selected physician, at the
cost to the Town, establishing incapacity as a condition of payment
of sick leave benefits or for an employee who seeks to return to work
after being absent, whether paid or unpaid, to determine the employee's
fitness for work.
(f)
If an employee uses sick leave for purposes other than legitimate
illness or non-working injury as well as in an excessive manner, the
employee may, at the sole discretion of the Town, be subject to disciplinary
action up to and including termination of employment.
(g)
Payments made under the provisions of this section shall be
limited in the case of an employee who is receiving workers' compensation
payments to the difference between the total amount paid to the employee
in workers' compensation and the employee's regular pay. In the event
of such payments, the Town may debit the employee's accumulated sick
leave by such amounts as it determines to be equitable in relation
to such payments.
(h)
Only employees who retire in good standing from employment with
the Town of Sterling shall be paid 10% of the value of their unused
sick leave, at the time of retirement. It is to be understood that
the payment of any amount under this rule will not change the employee's
pension benefit.
(i)
In case of termination and a negative balance for sick time
the amount will be deducted from the employer's final paycheck or
arrangements must be made to repay the deficit, unless otherwise prohibited
by law.
(4)
Bereavement leave. Regular full-time and regular part-time employees
shall be given up to three working days' leave with a normal day's
pay for the purpose of making arrangements and attending the funeral
of a member of his/her immediate family.
(5)
Jury duty leave. Employees required to serve on a jury shall promptly
notify their immediate supervisor or department head. A regular full-time
and regular part-time employee called for jury duty shall be paid
by the Town an amount equal to the difference between the compensation
paid the employee for a normal working period and the amount paid
by the court excluding any allowance for travel and lodging, upon
presentation of an affidavit of jury pay granted.
Nothing in this bylaw or in the Classification or Compensation
Plans shall be construed to conflict with MGL c. 31.
In the event that any provision of this bylaw, or application
thereof, shall be held to be invalid by any court of proper jurisdiction,
this shall not be construed to affect the validity of any other provision,
or application thereof, of this bylaw.
The repeal of this bylaw or portion thereof heretofore adopted
shall not be construed to revoke, invalidate or otherwise alter acts
done, ratified or confirmed in compliance therewith under authority
thereof, or any rights accrued or established or any action, suit
or proceeding commenced or had in any case, nor shall any such repeal
affect any punishment, penalty or forfeiture incurred under any such
prior bylaw.
