[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:
ABSENCE
Any time an employee is not at work during a scheduled work period.
ADMINISTRATIVE AUTHORITY
The elected or appointed official or Board, Committee, Commission, or other Agency having jurisdiction over a function or activity.
ALLOCATION
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.
ANNIVERSARY DATE
The date of initial employment to a position as an employee of the Town.
APPOINTING AUTHORITY
Any person(s), Board, Committee, Commission, or other Agency who has the right to hire or discharge employees.
CLASS
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.
CLASSIFICATION PLAN
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.
COMPENSATION GRADE
A salary range (Minimum/Maximum) consistent with a Classification Level appearing in the Town's Compensation Plan in this bylaw (Attachment B).
COMPENSATION PLAN
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.
CONTINUOUS SERVICE
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.
DEPARTMENT
A functional unit of Town government with employees.
EMPLOYEE
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.
EXEMPT POSITION
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.
FULL PAY STATUS
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.
GOOD STANDING
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.
IMMEDIATE FAMILY
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.
INTERIM APPOINTMENT
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.
JOB CLASSSIFICATION
A particular job title within the Classification Plan.
MAXIMUM RATE OF PAY
The highest rate of pay in a classification level.
MINIMUM RATE
The lowest rate of compensation in a classification level
NON-EXEMPT POSITION
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.
PART-TIME EMPLOYEE
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.
PAY RATE
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).
PER DIEM PAY RATE
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.
POSITION
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.
POSITION RATING SYSTEM
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.
RATE OF PAY
A sum of money designated as compensation for personal services on an hourly, daily, weekly, monthly, annual or other basis.
REGULAR FULL-TIME EMPLOYEE
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.
REGULAR PART-TIME EMPLOYEE
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.
SALARY RANGE
The dollar difference between minimum and maximum rates for a particular compensation grade.
SEASONAL EMPLOYEE
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.
SEPARATION
Leaving a position by any type of personnel action, including but not limited to resignation, layoff, dismissal, removal, permanent disability and death.
SINGLE RATE OF PAY
A rate of pay for a special, temporary or seasonal position for which there is no range.
STEP RATE
A specific rate of pay in a salary range in a classification level as specified in Attachment A of this bylaw.
TOWN
The Town of Sterling, Commonwealth of Massachusetts.
WORK WEEK
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. 
Employee categories.
(1) 
All positions subject to the provisions of the Personnel Bylaw of the Town shall fall into one of the following categories:
(a) 
Regular full-time.
(b) 
Regular part-time.
(c) 
Part-time.
(d) 
Seasonal.
(2) 
Regular full-time and regular part-time employees are the only employees eligible for employee benefits.
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]
Increases
Step 1:
3rd year
$250
Step 2:
5th year
$500
Step 3:
10th year
$1,000
Step 4:
15th year
$1,500
Step 5:
20th year
$2,000
Step 6:
25th year
$2,500
Step 7:
30th year
$3,000
Step 8:
35th year
$3,500
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:
New Year's Day
Labor Day
Martin Luther King Day
Columbus Day
President's Day
Veterans' Day
Patriots' Day
Thanksgiving Day
Memorial Day
Independence Day
Christmas Day
(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.