[HISTORY: Adopted by the Town Meeting of the Town of Sherborn
1988; amended 1992; 1996; 2010 (Ch. 20 of the 1968 Bylaws.) Subsequent
amendments noted where applicable.]
[Amended 4-25-2023 ATM
by Art. 22]
The authority granted to appoint employees for a particular
board or department by the Town bylaws, state statute, or Town Meeting
vote.
The Personnel Board as described in § 53-3 of this bylaw.
Any department, board, committee, commission or other employing
authority of the Town subject to this bylaw.
The officer, department, board, committee, commission or
other body having immediate supervision and control of a department.
In the case of a department serving under the supervision and control
of the Select Board, the officer, board, committee, commission or
other body immediately responsible to the Select Board for the administration
of the department.
An employee of the Town occupying a position of employment
subject to this bylaw.
The Personnel Administration Plan.
The Town of Sherborn.
A.
This bylaw shall apply to all Town departments, and to all positions
of all employees in the service of the Town, whether full-time or
part-time, seasonal, special or any other type of employment other
than the following:
(1)
Those positions filled by popular election; provided, however, that
the Board shall, if so requested by the Advisory Committee, make recommendations
prior to the Annual Town Meeting relative to salaries for elective
positions;
(2)
Those positions which are covered by collective bargaining agreements;
(3)
Those positions under the direction of the School Committee.
(4)
The Town Administrator and any other Town employees who have an individual
contract of employment with the Town pursuant to MGL c. 41, §§ 108N
and 108O.
B.
This bylaw may be amended by a majority vote at any Town Meeting.
The Board may, on its own initiative, propose amendments to this bylaw
which may affect the Personnel Administration Plan. Where amendments
to this bylaw are proposed by persons or authorities other than the
Board, the Board shall be given a copy of any proposed amendment at
least 30 days before the Town meeting at which it is to be considered.
The copy shall contain the names and addresses of the proponent(s).
A.
There shall be an unpaid Personnel Board consisting of three or more
members appointed by the Select Board. Members of the Board, serving
upon the effective date of this bylaw, shall serve as members of the
Board until the expiration date of their respective terms or upon
their written resignation to the Select Board. If a member of the
Board resigns their position before the expiration of their term,
the Select Board is responsible to replace that member with a new
member, to serve for the balance of the unexpired term.
[Amended 4-25-2023 ATM
by Art. 22]
B.
For the purposes of fulfilling its duties, with a minimum of three
members constituting the Board, two members shall constitute a quorum
for the transaction of the business of the Board, and an affirmative
vote of two members of the Board shall be necessary for any official
act of the Board.
C.
With more than three members, increase the quorum as follows: four
or five members, a quorum of three; six or seven members, a quorum
of four.
D.
The Chairperson of the Advisory Committee, or his or her designee,
will serve as ex officio, but will not vote on any matter coming before
the Board.
[Amended 4-25-2023 ATM
by Art. 22]
E.
The Board members must meet all of the following criteria:
(1)
A Board member must be a registered voter in the Town;
(2)
A Board member cannot be an employee of the Town, including being
in an elected office;
[Amended 4-25-2023 ATM
by Art. 22]
(3)
A Board member cannot be a member of any other permanent Town committee,
board or commission, if the committee, board or commission is responsible
for supervision of any employee, whether full-time or part-time.
A.
The Board shall maintain a relevant Personnel Administration Plan
that is compliant with state law, including operating within the meaning
of Section 108A and 108C of Chapter 41 of the General Laws, as amended.
[Amended 4-25-2023 ATM
by Art. 22]
B.
The Board may choose to revise the Personnel Administration Plan, as necessary. Any revisions require Town approval, at the next scheduled Town Meeting, and must be compliant with state law as mentioned in Subsection A of this section.
C.
The Board shall provide advice to the Town, as requested, regarding
any matters relating to the application of the Personnel Administration
Plan.
D.
The Board, as part of the application of the Personnel Administration
Plan, shall make a cost-of-living (COLA) recommendation to the Advisory
Board for each fiscal year no later than November 1 prior to such
fiscal year.
E.
The Board shall establish its own rules of procedure and shall keep
a record of its official actions, which shall be kept open for public
inspection to the extent provided by law, and subject to appropriation,
therefore, may make such expenditures, as may be necessary, for the
performance of its duties.
F.
For the purposes of interpreting the Personnel Administration Plan;
complying with state law; and seeking a professional opinion; the
Board may seek advice from Town Counsel, as necessary.
The provisions of this bylaw are hereby declared to be severable,
and if any provision and the application of any such provisions to
any person or under any circumstances shall be held to be invalid,
illegal or unconstitutional, such invalidity, illegality or unconstitutionality
shall not be construed to effect the validity, legality, or constitutionality
of any of the remaining provisions or of that provision with respect
to persons or circumstances other than those as to which the offending
provision is held to be invalid, illegal or unconstitutional.
