Town of Middleton, MA Chapter 68 Personnel

[HISTORY: Adopted by the Annual Town Meeting of the Town of Middleton 6-5-2021 by Art. 23.[1] Amendments noted where applicable.]

[1] Editor's Note: This Article also repealed former Ch. 68, Personnel, adopted 3-11-1969 by Art. 19, as amended 10-21-1969 STM by Art. 6; 3-12-1970 ATM by Art. 21; 3-9-1971 ATM by Art. 3; 3-14-1972 ATM by Art. 3; 5-14-1974 ATM by Art. 3; 5-13-1975 ATM by Art. 3; 5-10-1977 ATM by Art. 4; 5-9-1978 ATM by Art. 3; 5-10-1983 ATM by Art. 3; 5-11-2004 ATM by Art. 4; 11-29-2005 STM by Art. 15; and 5-8-2018 ATM by Art. 30.

§ 68-1 Purpose and intent.

The purpose of the Personnel Bylaw is to establish fair and equitable personnel policies and to establish a system of personnel administration based on merit principles that ensure a uniform, fair and efficient application of personnel policies. The intent of this bylaw is to provide a method of recruitment, selection, development, and retention of a work force that is skilled and effective in accomplishing the service delivery mission of the Town. Personnel actions are to be made without regard to any criteria established and proscribed by any state or federal law or regulations promulgated pursuant thereto, or political affiliation or other non-job-related factors, and shall be based on merit and fitness.

§ 68-2 Applicability.

All Town departments and positions shall be subject to the provisions of this bylaw, except elected officers, members of boards and commissions, and employees of the School Department or Electric Light Department. To the extent that the provisions of any collective bargaining agreement conflict with any provisions of this bylaw or personnel policies adopted pursuant to § 68-5, the provisions of the collective bargaining agreement shall prevail. This bylaw is adopted pursuant to the authority granted by Article LXXXIX of the Constitution of the Commonwealth and General Law.

§ 68-3 Responsibility of Town Administrator.

[Amended 6-5-2021 ATM by Art. 28]

The Town Administrator shall be responsible for the establishment and maintenance of a personnel system based on merit principles. The Town Administrator shall have all the personnel management powers and duties as provided by the Middleton Town Charter and shall formulate personnel policies pursuant to § 68-5 of this bylaw, subject to the approval of the Select Board.

§ 68-4 Contents of personnel policies.

The personnel policies shall establish a personnel system which shall include, but need not be limited to, the following elements:

A. A method of administration. A system of administration which assigns specific responsibility for all elements of the personnel system, including: maintaining personnel records; implementing effective recruitment and selection processes; maintaining the classification and compensation plans; monitoring the application of policies; and periodic reviews and evaluation of the personnel system;

B. A classification and compensation plan;

C. A recruitment and selection policy;

D. A centralized personnel record keeping system; and

E. Other elements of a personnel system as deemed appropriate or necessary.

§ 68-5 Adoption of policies.

[Amended 6-5-2021 ATM by Art. 28]

The Town Administrator is empowered and authorized by this bylaw to prepare personnel policies for adoption by the Select Board defining the rights, benefits, and obligations of employees subject to this bylaw. The Town Administrator shall be responsible for the development of personnel policies. Any board or committee, department head, or any single employee or group of employees may recommend personnel policies to the Town Administrator for consideration. Such policies shall become effective in accordance with the following procedure:

A. The Town Administrator shall prepare proposed personnel policies.

B. The Town Administrator shall consult with employees that may be affected by proposed changes in personnel policies.

C. The Town Administrator shall finalize personnel policies and transmit in writing any proposed policies to the Select Board.

D. The Select Board shall review said policies and vote to approve, disapprove, or approve with modifications.

E. Copies of new or amended policies shall be posted and distributed to department heads and employees.

§ 68-6 Severability.

The provisions of this bylaw and any policies adopted pursuant to this bylaw are severable. If any bylaw provision or policy is held invalid, the remaining provisions of the bylaw or policy shall not be affected thereby.

§ 68-7 When effective.

This bylaw shall take effect upon passage.