ATTACHMENTS
Attachment 1 - Compensation Schedules, July 2025
[Ord. No. 1228, § 1, 8-11-2020[1]]
This chapter shall apply to all departments and offices of the City, and all employees thereof, except the School Department and the employees of the School Department
[1]
Editor's Note: This ordinance amended Ch. 16 in its entirety to read as herein set out. Prior to amendment by Ord. No. 1228, Ch. 16 pertained to similar subject matter.
[Ord. No. 1228, § I, 8-11-2020]
A. 
Unless the content specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
(1) 
CIVIL SERVICE — Civil Service Commission.
(2) 
CITY — City of Pittsfield.
(3) 
CLASSIFICATION — A list of accepted positions and their respective pay grades for the City of Pittsfield, as found in the Compensation Schedules, included as an attachment to this chapter.
(4) 
COMMONWEALTH — Commonwealth or State of Massachusetts.
(5) 
COLLECTIVE BARGAINING AGREEMENT — Agreement between the City and a recognized employee bargaining group.
(6) 
COUNCIL — City Council of Pittsfield.
(7) 
DIRECTOR — Director of Human Resources.
(8) 
NONUNION EMPLOYEE — One who serves the City of Pittsfield for compensation whose position is not covered by a collective bargaining agreement.
(9) 
EXEMPT EMPLOYEE — An employee who is not entitled to overtime compensation in accordance with the Fair Labor Standards Act.[1]
[1]
Editor's Note: See 29 U.S.C. § 201 et seq.
(10) 
NONEXEMPT EMPLOYEE — An employee who is eligible to earn overtime compensation in accordance with the Fair Labor Standards Act.
(11) 
MANAGER — An employee paid on the management pay scale, or a department head who is appointed in accordance with Article 2, Section 2-10, and Article 3, Section 3-3, of the City Charter. For the purposes of determining employee benefits, the City Clerk is to be considered a manager.
(12) 
MAYOR — Mayor of the City of Pittsfield.
[Ord. No. 1228, § I, 8-11-2020]
A. 
No person shall be originally hired, and no employees shall be promoted or re-employed or reinstated after suspension or leave of absence, except vacation leave, until the Director shall have certified, in writing, to the Mayor that the employment or promotion of such person is in accordance with the provisions of this Code other ordinances of the City and the laws and regulations governing civil service.
B. 
The provisions of this section shall not apply to elected officials or to persons who are not subject to civil service, and nothing contained in this section shall be held to abridge the powers otherwise granted by law or ordinance to an official in the hiring, reinstatement or promotion of employees.
[Ord. No. 1228, § I, 8-11-2020]
A. 
No person shall be originally hired until such person or employee has undergone a physical examination and has been found physically fit to perform the duties of their position. Such examination shall be performed at the expense of the City by a medical provider contracted by the Human Resources Department.
B. 
The provisions of this section shall not apply to elected officials, and nothing contained in this section shall be held to abridge the powers otherwise granted by law or ordinance to an official in the hiring, reinstatement or promotion of employees.
[Ord. No. 1228, § I, 8-11-2020]
All positions in the municipal service shall be grouped into pay grades sufficiently similar in respect to their duties, responsibilities, training, education, experience, knowledge, skill, and abilities. These positions shall be known as "classified positions" of the City and can be found in the Compensation Schedules, included as an attachment to this chapter.
[Ord. No. 1228, § I, 8-11-2020]
Job descriptions shall be prepared under the guidance of the Director for all classified positions. These descriptions shall define the duties of all positions and the desirable qualifications for successful performance of such duties.
[Ord. No. 1228, § I, 8-11-2020]
The classification plan for City positions shall be held exclusively by the Human Resources Department and shall be maintained and revised through provisions outlined in this chapter and through the collective bargaining process.
[Ord. No. 1228, § I, 8-11-2020]
Nothing contained in this chapter shall operate or be construed to authorize or permit any person to incur any obligations or to make any expenditure in excess of any appropriation made therefor or for which no appropriation has been made, nor shall this chapter operate or be construed to impose any liability upon the City for any obligations or debt incurred in excess of such appropriation or in the absence of such appropriation therefor.
[Ord. No. 1228, § I, 8-11-2020]
A. 
Allocation of existing positions. The Director shall maintain a record of the allocation of individual positions to appropriate classes and all amendments in classifications and allocations of positions. Any proposed change in allocation of a position shall become effective upon the approval of the Mayor.
B. 
Interpretation of class specifications.
(1) 
Purpose and effect of job descriptions: Each job description outlines the main characteristics and qualification requirements of positions in the class and gives examples of specific duties which employees holding such positions may properly be required to perform. The job descriptions are detailed and explanatory but not restrictive. The listing of particular examples of duties does not preclude the assignment of other tasks by management.
(2) 
Application of descriptions to position. In determining the class to which a position should be allocated, the job description of each class shall be considered in its entirety and in relation to the descriptions of other classes in the classification plan.
(3) 
Statements of desirable qualifications. The statement of qualifications in a job description is intended to be used as a guide in selecting persons for employment and for use in determining the relative value in relation to other similar positions.
[Ord. No. 1228, § I, 8-11-2020]
A. 
Responsibilities of the Director. The Director shall be responsible for the work of administering and maintaining the classification plan. The Director shall direct necessary reviews and preparation of reports recommending appropriate action to assure that the classification plan is kept current and that any important changes in duties and responsibilities in any existing positions and of new positions are reflected in the plan.
(1) 
Any changes for reclassification or relocation of classes shall be provided to the Mayor, in writing, by the Director. Any proposed reallocation to be made shall be made with the knowledge of the employee concerned and the manager.
B. 
Changes requiring approval of the Mayor: The approval of the Mayor shall be obtained for the establishment of any new class or changes in class titles, and subject to any provisions and policies of the Human Resources Department and Personnel Review Board.
C. 
Employee requests for classification adjustments. Any person shall have the right to consideration of any request they may have with respect to a change in the classification of their position. The person shall make their request initially to the manager, who shall promptly seek to arrive at a solution which is consistent with the classification plan and acceptable to the person. Where the manager is unable to resolve such a request in a manner that the person is willing to accept in writing, the matter shall then be submitted to the Director for such action as they may deem appropriate, including referral to the Mayor.
[Ord. No. 1228, § I, 8-11-2020]
A. 
All present and future members who shall serve as volunteers or unpaid members of all present and future boards or commissions established either by ordinance or order, except as elsewhere expressly provided, shall be classified as "special municipal employees" as that term is defined by MGL c. 268A, § 1(n), as amended. Such classification shall apply to said board and commission members only in the performance of their powers and duties as outlined in the creation of the particular board or commission of which they are members.
B. 
Notwithstanding the provisions of Section 16-1, all members of the School Committee, as defined in Article 4 of the City Charter, shall be classified as "special municipal employees" as that term is defined by MGL c. 268A, § 1(n).
C. 
The position of weather observer, which position is responsible to the Airport Commission, shall be classified as a "special municipal employee" as that term is defined by MGL c. 268A, § 1(n).
[Ord. No. 1228, § I, 8-11-2020]
A. 
Compensation schedules. The Mayor may determine the appropriate compensation rate to pay an individual in each position, or accept a recommendation from the Director, subject to appropriation. The pay of other nonunion employees shall be on the basis of the rate prescribed for the respective positions on the respective pay scale. The Mayor may, in their discretion and based upon an employee's performance, adjust the compensation of an employee to an amount between the steps enumerated in the pay scale.[1]
[1]
Editor's Note: Compensation Schedules are included as an attachment to this chapter.
B. 
Collective bargaining agreements. The pay of all employees covered by collective bargaining agreements shall be as indicated in the appropriate collective bargaining agreement.
C. 
Special salary provisions.
[Ord. No. 1259, § I, 4-11-2023; Ord. No. 1261, § I, 4-11-2023]
(1) 
Assuming additional responsibility. In any case when an employee is qualified for and is temporarily required to regularly serve in and accept the responsibility to work in a higher class of position, such employee shall receive the entrance rate of that class or one step above their present rate, whichever is higher while so assigned, subject to the approval of the Mayor and/or Director of Human Resources.
(a) 
If an employee is required to work in a position of the same pay grade on a temporary basis, that employee shall be entitled to additional compensation at the rate of 25% of the first step established in the respective pay grade.
(b) 
If an employee is required to work in a position of a lower pay grade on a temporary basis, that employee shall be entitled to additional compensation at the rate of 25% of the first step established in the respective pay grade.
(c) 
If the manager of one department of the City shall become the acting manager of a second department, they shall be paid additional compensation for the period that they serve simultaneously as the manager of both such departments, the additional compensation to be at the rate of 25% of the compensation fixed and established for the manager of such second department.
(d) 
To qualify for additional compensation under this section, temporary assignments must be regular and continuous in character for periods of 14 days or more.
(2) 
Computation of salaries for part-time employees.
(a) 
Any permanent employee regularly employed on a continuing work schedule of less than full time shall be compensated at a reduced rate of pay computed as follows:
actual hours per week
Reduced rate
=
full-time rate
x
normal hours per week
(b) 
A temporary or seasonal employee occupying a classified position shall be employed initially at the hourly rate of the entrance salary in the schedule for the class in which employed. Such employee may be advanced in pay based upon meritorious service in the same manner as other employees, except that only actual hours of work shall be considered in the computation of service requirements for such advancement. When the hourly equivalent of required periods of service has been attained, advancement to the higher step rates may be effected in accordance with Section 16-14. The accumulation of service toward advancement within a class shall continue unless interrupted by a period of absence from the City for more than one year.
(3) 
Mileage: Any employee who is required to use their own vehicle for City business shall be reimbursed at the then-applicable rate of the Internal Revenue Service.
(4) 
Merit compensation.
(a) 
The Mayor may grant merit compensation to a manager in amounts up to $2,500 annually for outstanding performance and service to the City. The criteria for the merit compensation shall include, but are not limited to, leadership, productivity initiative, and generally going above and beyond normal work duties. All grants shall be subject to availability of funding. Any grant made shall not be added to base regular compensation.
(b) 
All nonunion employees may apply annually for merit compensation. The compensation shall be granted by the Mayor based upon the employee's performance. The criteria for the merit compensation shall include, but are not limited to, leadership, productivity and initiative. All applications shall be filed with the Mayor on or before April 15 and a final decision made in the month of June.
[1] 
The amount of such awards shall be as follows:
[a] 
Commendable performance: $500.
[b] 
Superior performance: $750.
[c] 
Outstanding performance: $1,000.
[2] 
Any such compensation shall not be added to the employee's base compensation.
(5) 
The Mayor may grant a nonunion employee's request for tuition reimbursement at an accredited college, university, or professional training school for courses which are relevant to the employee's position and which are taken with the advance approval of the department head and/or Mayor. The employee shall be reimbursed 50% for the cost of the tuition, provided that the reimbursement shall not exceed $1,250 per semester or $2,500 per calendar year.
[Ord. No. 1228, § I, 8-11-2020]
A. 
The rates of compensation which are prescribed in this chapter shall be changed only by the City Council by amendment of this chapter.[1]
[1]
Editor's Note: Compensation Schedules are included as an attachment to this chapter.
B. 
Changes of the compensation plan shall be made in a manner to maintain proper relationship among the classes of positions and to reflect changes in the cost of living and in prevailing rates of pay for comparable positions outside the City services.
(1) 
Cost of living adjustments shall be made to management and nonunion employee pay schedules annually on July 1. Cost of living adjustment increases shall reflect the annual change in the Consumer Price Index for All Urban Consumers from the prior January, but not exceeding 5.0%.
[Ord. No. 1252, § I, 8-9-2022, eff. 1-1-2023]
C. 
Changes in compensation of employees covered by collective bargaining shall be exclusively reserved to the Mayor.
[Ord. No. 1228, § I, 8-11-2020]
A. 
Starting rate on initial employment: Except as hereinafter provided, the starting rate of compensation on initial employment shall be the rate shown as Step 1 for the applicable class grade in the compensation plan.
B. 
Exceptions as to starting rate: The starting rate of compensation on initial employment may be at a step rate higher than Step 1, provided:
(1) 
That compensation at such higher rate is recommended, in writing, by the appropriate manager and approved by the Mayor;
(2) 
That any such exception is based on the outstanding and unusual character of the employee's experience and ability over and above the minimum qualifications specified; and
(3) 
That an appropriation sufficient to pay such higher rate has been made.
C. 
Starting rate on return to duty: A person who returns to duty in the same class of position after separation from the service shall be compensated as follows:
(1) 
If the separation was caused by a leave of absence of 30 days or more without pay under the provision of Section 16-17G(2), at the step rate they received at the time of separation.
(2) 
If the separation was caused by entry into the armed forces of the United States, at the step rate to which they would have been entitled had their service not been interrupted by service in the armed forces.
(3) 
If the separation was for any other cause, at the starting rate on initial employment, subject to the exceptions provided for in Subsection B of this section.
D. 
Starting rate in new position: Whenever a person is assigned to duty in a position not previously held by them and such change is not in the nature of a promotion, they shall receive the entrance rate in the schedule established for such position or such other rate within the applicable schedule they may be entitled to by reason of crediting them in their new position with such prior service that is found to meet the following conditions: The character and nature of duties of the position to which the person was assigned are similar to those of the new position; the service in the former position provided experience valuable to the performance of the new position.
E. 
Rate of pay on promotion: The starting rate of employment in a new position by an employee who is already in the City service shall be the rate shown as Step 3 for the particular position and the appropriate length of service with the City. The starting rate of compensation may be at a step rate higher than Step 3, provided:
(1) 
The higher rate is recommended, in writing, by the Human Resources Director, Department Head and/or Mayor; and
(2) 
Any such exception is based on the outstanding and unusual character of the employee's experience and ability; and
(3) 
An appropriation sufficient to pay such higher rate has been made.
F. 
Probationary period: The first six months of service after initial appointment or promotion to a position classified under Section 16-11 shall be considered the probationary period. A person whose service during the probationary period is not satisfactory shall be dismissed from service, except, for individuals with permanent civil service status, the City shall follow any applicable provisions outlined in MGL c. 31.
G. 
Advancement within a compensation schedule: The employee shall be advanced to higher steps or salary within the schedule, unless otherwise recommended by the manager, Director, or Mayor, in accordance with the following provisions until the employee has reached the maximum rate of the schedule for their position:
[Ord. No. 1234, § I, 3-9-2021]
(1) 
Employees shall receive a step or salary increase on July 1 of each calendar year.
(2) 
Employees hired between January 1 and June 30 will be eligible for step or salary movement on their six-month anniversary date, then July 1 each year thereafter.
(3) 
(Reserved)
(4) 
Managers and department heads shall only advance in their appropriate pay schedule at the discretion of the Mayor. Such advancement shall only be in accordance with the schedule above and/or based on merit, as determined by the Mayor.
H. 
Requirements as to continuity of service: Service requirements for advancement within the compensation schedules and for other purposes as specified in this chapter shall have the implication of continuous service, which means employment in the City service without break or interruption. Leaves of absence without pay of less than 30 days and leaves with pay shall not interrupt continuous service nor be deducted therefrom. Absences on leave without pay in excess of 30 days, except for extended service with the Armed Forces of the United States, shall be deducted in computing total service but shall not serve to interrupt continuous service. In case of repeated one-day absences without leave, the Mayor may consider the service of the employee interrupted and shall have the record of the employee show the same.
[1]
Editor's Note: Compensation Schedules are included as an attachment to this chapter.
[Ord. No. 1228, § I, 8-11-2020; Ord. No. 1269, § I, 10-10-2023; Ord. No. 1271, § I, 12-12-2023]
A. 
Overtime administration: In emergencies, managers may prescribe, with the approval of the Mayor, reasonable periods of overtime work to meet operational needs. Such overtime shall be reported and justified as required by the Mayor. Complete records of overtime of employees shall be maintained by managers. Accrued compensatory time off records shall be kept by the Director.
B. 
Compensation for overtime:
(1) 
In accordance with provisions outlined in the Fair Labor Standards Act,[1] Managers and exempt employees shall not be entitled to any compensation for overtime work.
[1]
Editor's Note: See 29 U.S.C. § 201 et seq.
(2) 
All other nonunion/nonexempt employees of the City shall receive compensation at the rate of 1.5 hours for each actual hour(s) worked in excess of their normal workweek, as long as the normal workweek hours are 35 hours or more per week, such work and services in excess of the normal workweek being hereinafter called "overtime work." When computing overtime pay, the following will not be considered as "time worked":
(a) 
Time off for vacation, sick, or personal leave.
(b) 
Time off for bereavement leave.
(c) 
Time off for inclement weather.
(d) 
Administrative leave.
(e) 
Authorized leave without pay.
(f) 
Absence without leave.
(3) 
Compensatory time off without loss of pay in lieu of overtime payment for nonexempt employees may be allowed at the discretion of the department manager, and at the request of the employee, in accordance with the U.S. Fair Labor Standards Act and the procedures listed below:
(a) 
Employees may request that they receive compensatory leave in lieu of overtime payment. No employee may be forced to receive compensatory leave in lieu of overtime wages.
(b) 
The decision as to whether or not to approve such compensatory leave in lieu of wages is strictly at the discretion of the department manager.
(c) 
The request for compensatory leave in lieu of overtime payment must be made prior to the overtime hours worked.
(d) 
No employee may accumulate more than 40 hours of compensatory time off.
C. 
Call-in pay. A "call-in" is defined as an unscheduled request made by a director or manager for an nonunion/nonexempt employee to return to their work location to do unforeseen or emergency work after leaving the work location at the end of the regular shift and before the beginning of the next regularly scheduled shift.
(1) 
When responding to a call-in, an employee will receive their regular rate of pay for actual hours worked or the equivalent of at least four hours at their regular rate of pay, whichever amount is greater. Hours worked on a call-in shall count as time worked for the purpose of calculating overtime. Overtime compensation is applicable only when the total hours worked exceed 40 hours in the workweek.
(2) 
This call-in pay provision shall not apply to any work performed or services rendered immediately before or after the regular scheduled work of any employee and without interruption or cessation except for meals.
[Ord. No. 1228, § I, 8-11-2020]
A. 
Compensation for absence on holidays.
(1) 
Subject to the exceptions and conditions hereinafter provided, all nonunion employees, temporary employees, seasonal employees and managers shall receive their regular compensation for all legal holidays:
[Ord. No. 1236, § I, 4-13-2021]
(a) 
New Year's Day.
(b) 
Martin Luther King Day.
(c) 
Presidents' Day.
(d) 
Patriots' Day.
(e) 
Independence Day.
(f) 
Labor Day.
(g) 
Memorial Day.
(h) 
Juneteenth Independence Day.
(i) 
Columbus Day.
(j) 
Veterans Day.
(k) 
Thanksgiving Day.
(l) 
Day after Thanksgiving.
(m) 
Christmas Eve.
(n) 
Christmas Day.
(2) 
When any of the above holidays fall on a Saturday, the preceding Friday is observed. When any of the above holidays fall on a Sunday, the following Monday is observed. In order to qualify hereunder for compensation for any such holiday, such employee must have been regularly scheduled to work on such day, unless the absence of such regularly scheduled work day is due to jury service or is an absence for which compensation is payable under this chapter.
(3) 
When Christmas Day falls on a Saturday, the Mayor, in their discretion, may choose to open City Hall on the preceding Thursday (which would normally be the observed Christmas Eve holiday). In that event, the Mayor shall grant each employee that worked that Thursday a floating holiday.
(4) 
When Christmas Day falls on a Sunday or Monday, the Mayor, in their discretion, may choose to open City Hall on the preceding Friday (which would normally be the observed Christmas Eve holiday). In that event, the Mayor shall grant each employee that worked that Friday a floating holiday.
[Ord. No. 1228, § I, 8-11-2020]
A. 
Vacation leave: All nonunion employees of the City shall be entitled to the minimum vacation period(s) in accordance with the schedule listed below. Vacation requests shall be approved by the department head or supervisor and shall not be unreasonably withheld and/or denied. Vacation accruals are credited on the employee's original service anniversary date. Vacation accruals are not cumulative and must be exhausted by the end of the calendar year, unless otherwise prescribed in this chapter.
[Ord. No. 1234, § I, 3-9-2021; Ord. No. 1258, § I, 4-11-2023]
Years of Service
Number of Vacation Days
6 months
10
1
11
2
12
3
13
4
14
5
15
6
16
7
17
8
18
9
19
10
20
11
21
12
22
13
23
14
24
15
25
16
26
17
27
18
28
19
29
20
30
B. 
Conversion of unused leave to cash.
[Ord. No. 1258, § I, 4-11-2023[1]]
(1) 
All nonunion employees who are entitled to 15 days of annual vacation under this section shall be entitled to convert up to five days of unused vacation into cash at the end of the calendar year.
(2) 
All nonunion employees who are entitled to 20 days or more of annual vacation under this section shall be entitled to convert up to 10 days of unused vacation into cash at the end of the calendar year.
(3) 
All nonunion employees may roll up to five days of vacation time into the following calendar year. Employees shall make the request to their direct supervisor by November 30 of the calendar year. Employees may not in any one year have a maximum accumulation of more than their regular vacation entitlement, plus the additional day(s) of vacation that was carried over.
[1]
Editor's Note: Former Subsection (b) was redesignated as Subsection (c) pursuant to this ordinance.
C. 
Sick leave.
(1) 
All nonunion employees shall continue to receive their regular compensation during the period of their absence from duty because of disability resulting from personal injuries or illness and not arising out of and in the course of their employment if the employee has available sick leave accruals. Sick leave shall be accumulated at the rate of one day for each three weeks of service in the preceding 12 months, but not more than 15 days in any calendar year, and shall be credited on the first day of January. Holidays and any other day or days not included in the normal workweek shall not be included in the computation of the number of days allowed hereunder. The unused portion of any sick leave allowed hereunder may be accumulated on an unlimited basis. In cases of undue hardship, managers, at their discretion, may allow a person to use their accumulated sick leave prior to the January 1 crediting date.
(2) 
Payment of managers, employees and exempt employees in excess of workers' compensation benefits for disability resulting from performance of duty.
[Ord. No. 1332, 11-13-2025]
(a) 
All persons who are covered by workers' compensation shall continue to receive during the period of their absence from duty because of total disability resulting from personal injuries arising out of and in the course of their employment, or arising out of ordinary risks of the street while actually engaged, with the authorization of the City, in the business affairs or undertakings of the City, or during the period of their absence from duty because of total disability resulting from sickness or illness arising out of and in the course of their employment, the difference between their regular compensation and the amount being received by them under the Workers' Compensation Act.[2] Amounts received hereunder shall be subject to Subsection C(2)(a) of this section governing sick leave benefits.
[2]
Editor's Note: See MGL c. 152.
(b) 
No person shall receive benefits hereunder in excess of the unused portion of any sick leave to which they may be entitled under Subsection C(2)(a) of this section. Payments hereunder shall be charged against the unused portion of sick leave benefits as follows:
Per diem amount received hereunder
Number of days charged
=
Per diem regular compensation of days for which compensation benefits have been received
x
Number
(3) 
Report of disability: No person shall be entitled to compensation under this chapter for any period of disability unless such disability and the cause or reason therefor are reported forthwith to the manager of the office thereof. In the case of disability of a department head, such report shall be made to the Mayor and Director of Human Resources. Any person who feigns sickness, injury or disability, or who makes a false statement relative thereto, shall be subject to immediate discipline, up to and including termination of employment.
(4) 
Verification of disability: It shall be the duty of managers and human resources to take reasonable steps as may be necessary to determine and verify the existence and cause of any disability for which compensation is claimed under the provisions of this chapter.
(5) 
Medical examinations: Upon request of the Director or a manager, any person claiming compensation under this chapter for any period of disability shall be examined by the City's contracted vendor for occupational health services, and to report the results of such examination to the Director or manager as frequently as requested during such period of disability. It shall also be the duty of the contracted vendor to report the Director or manager requesting such examination when the total disability of the person examined terminates. This subsection shall not operate or be construed to entitle any disabled person to medical treatment or services by occupational health services unless such person shall otherwise be entitled thereto without regard to this subsection.
(6) 
Upon separation from service with a minimum of 10 years' service, any nonunion employee or designated beneficiary shall be compensated for each day of accumulated sick leave due to them at 50% of the rate of pay immediately prior to separation from service, and such accumulation shall not exceed 140 days.
D. 
Bereavement: Every nonunion employee of the City shall receive their regular compensation during absence from work due to the death of their parent, grandparent, grandchild, stepparent, husband, wife, child, stepchild, brother, sister, father-in-law, mother-in-law, brother-in law, sister-in-law, son-in-law, daughter-in-law, aunt or uncle. Such absence shall be limited to three days for the death of any such relative, except in the case of the death of a spouse, child or parent, the person shall be entitled to five days of leave.
[Ord. No. 1234, § I, 3-9-2021]
E. 
Absences not deductible from vacation. The time or period during which any person shall be entitled to compensation under this chapter for absences due to disability or for deaths of relatives shall not be deducted from the vacation period to which such person is otherwise entitled; and such time or period of absence shall be included in computing the number of weeks of service in determining the basis for the allowance of such vacation period.
F. 
Personal leave: Employees not covered by a collective bargaining agreement shall be entitled to three personal days per calendar year. Any days so used shall not be deducted from the individuals' accumulated sick leave, are not cumulative and must be used by the end of the calendar year.
G. 
Special leave:
(1) 
In addition to leaves authorized above, a manager may authorize a person to be absent without pay for personal reasons for a period or periods not to exceed 10 working days in any calendar year.
(2) 
The Mayor may authorize special leaves of absence with or without pay for any period or periods not to exceed three calendar months in any one calendar year for the following purposes: attendance at college, university or business school for the purpose of training in subjects related to the work of the person and which will benefit the person and the City service; urgent personal business requiring the person's attendance for an extended period, such as settling estates, liquidating a business; and for purposes other than the above that are deemed beneficial to the City service.
H. 
Absence without leave: A person who is absent from duty shall report the reason therefor to their manager prior to the date of absence when possible and in no case later than noon on the first day of absence. All unauthorized and unreported absences shall be considered absence without leave and deduction of pay shall be made for the period of absence. Such absence may be made the ground for disciplinary action.
[Ord. No. 1228, § I, 8-11-2020]
A. 
Responsibilities of the Director: The Director shall be responsible for the administration of the compensation plan, including, but not limited to, the determination of proper compensation rates within existing ordinance provisions, and the preparation of recommendations and initiation of approved revisions to the plan on the basis of changes in cost of living and prevailing rates of pay for comparable positions outside the City service. The changes recommended by the Director shall be reviewed by the Mayor and shall be effective upon approval by the Mayor and City Council.
B. 
Employee requests for compensation adjustments: Any person shall have the right to the consideration of any request they may have with respect to changes in the application of the compensation plan to their position. The person shall initially make their request to their manager, who shall promptly seek to arrive at a solution which is consistent with the compensation plan and acceptable to the employee. Where the manager is unable to resolve such a request in the manner that the person is willing to accept in writing, the request shall then be submitted to the Director, together with the manager's recommendation thereon, for a solution which is consistent with the compensation plan and acceptable to the person and the manager. In case the person's request cannot be so resolved, such request, with the recommendation of the Director and the manager, shall be submitted for consideration and action by Mayor.
[Ord. No. 1228, § I, 8-11-2020]
A. 
The administrative and business offices of the City shall be open to the public every day Monday through Friday, exclusive of legal holidays, from 8:30 a.m. to 4:00 p.m.
B. 
All City employees shall work the number of hours per week indicated in either Section 16-20 of this chapter or in the collective bargaining agreement covering their position.
[Ord. No. 1332, 11-13-2025]
[Ord. No. 1228, § I, 8-11-2020]
A. 
To the extent possible, consistent with public service and the conduct of the affairs of the City, it is declared that the normal working hours for employees of the City shall not exceed eight hours in any one day, nor 40 hours in any one week. Exceptions to such rule being necessary by reason of the varied nature of the duties and functions of the various departments of the City, it is hereby declared that the normal workweek for such excepted cases shall be as outlined in the appropriate collective bargaining agreement relative to the fire, police, public utilities, public services, maintenance and community service department employees. The Fire Chief, Police Chief, Commissioner of Public Utilities, Commissioner of Public Services and Director of Maintenance shall each be responsible for setting schedules.
B. 
Election officers shall work from the opening of the polls to such hour as may be necessary for the completion of their duties.
[Ord. No. 1268, §§ I and II, 7-11-2023
No position that is designated as a management position on the Management/Department Head Salary Schedule (Chapter 16, Attachment 1) shall be filled by more than one part-time employee without the consent of the City Council.
[1]
Editor's Note: Former Sec. 16-21, Adjustment in salaries and wages based upon length of employment, Ord. No. 1227, § I, 8-11-2020, was repealed by Ord. No. 1234, § I, 3-9-2021.
[Ord. No. 1228, § I, 8-11-2020]
Individuals hired for employment with the City who transfer from the School Department without interruption or break in service shall maintain their original service date for purposes of determining accrual benefits outlined in Section 16-17 and collective bargaining agreements.
[Ord. No. 1228, § I, 8-11-2020]
The inclusion of any office, position or job in this chapter or the omission therefrom of any office, position or job shall not operate to create, establish, discontinue or abolish the same. No change made by this chapter in the name or title of any office, position or job shall affect the existence or continued existence of such office, position or job.
[Ord. No. 1228, § I, 8-11-2020]
A. 
Preferred but not required. It is preferred but not required that appointees to management positions live within the City of Pittsfield, with the exception of public safety managers listed in Subsection B below.
B. 
Residency required for public safety managers. The following public safety managers employed by the City of Pittsfield must establish a residence in the City within 90 days of appointment:
(1) 
Fire Chief;
(2) 
Police Chief; and
(3) 
Public Services Commissioner.
C. 
Residence defined. "Residence" means the principal place of domicile of the manager. "Principal place of domicile" means a manager's true, fixed and permanent home. In determining principal place of domicile, the Mayor and the City Council may consider any and all records and documents which identify or purport to identify a manager's residence or which otherwise provide evidence of such residence.
D. 
Certification of residency.
(1) 
Annually, on July 1, every manager subject to this section shall file with the Human Resources Department a certificate on a form prescribed, signed under the pains and penalties of perjury, stating such manager's name and place of residence.
(2) 
If upon certification of residency of a place not within the City, or failure to file such certification within the time prescribed, a hearing shall be held by the Mayor on such matter. Any manager subject to such hearing shall receive notice at least 10 calendar days before such hearing, containing a general statement of its purpose and the disciplinary action that may result.
E. 
Validity. In the event that this section shall be deemed to be in conflict with a provision of any general or special law, the provision of that general or special law shall govern and shall not defeat the application of this section with respect to any manager not governed by the law. Any action of a court of competent jurisdiction declaring this section invalid with respect to any manager shall not be held to apply to any other manager.
F. 
The Building Commissioner must establish a residence within 10 miles of the perimeter of the City within 90 days of appointment.
[Ord. No. 1230, § I, 10-13-2020]
This section shall establish a policy for additional compensation to specific City employees for bilingual proficiency.
A. 
Bilingual pay shall be paid to employees who hold positions that require a substantial amount of bilingual and/or biliterate translation contained in the essential duties of their position.
(1) 
An "essential duty" is defined as a core function(s) of a position that forms the basis for establishing the position. Compensation under this policy is not available for positions that may use bilingual skills on an incidental or occasional basis.
(2) 
A list of designated positions shall be maintained by Human Resources.
(3) 
Demonstration of proficiency in the following languages shall be eligible for compensation under this policy[1]:
(a) 
Spanish.
(b) 
Russian.
(c) 
French.
(d) 
Portuguese.
(e) 
American Sign Language.
[1]
*The languages indicated above may be subject to change at the direction of the Human Resources Department in order to align with any changing demographics in the City of Pittsfield.
B. 
Incumbents of positions designated under this policy may be required to pass a verbal and/or written bilingual skills exam as a condition of receiving this pay. The incumbent shall be required to provide proof of continued proficiency every three years from the original determination of proficiency. Bilingual pay will not be available for any incumbent of a designated position unable to pass a verbal and/or written bilingual skills exam.
(1) 
Employees shall be eligible for compensation under this policy upon hire and passing any required verbal and/or written bilingual skills exam(s). Police officers and firefighters are not eligible for pay under this policy and should refer to their respective collective bargaining agreement for relevant pay provisions. Any collective bargaining agreement that provides for a bilingual pay benefit will supersede this policy.
(2) 
Pay will be discontinued if the:
[Ord. No. 1259, § I, 4-11-2023]
(a) 
Employee is reassigned to a different position or the functions of the position no longer meet the essential duty requirement or any other requirement for payment under this policy.
(b) 
Employee voluntarily withdraws from the program.
(c) 
Employee's usage of bilingual skills no longer satisfies provisions of this policy.
(3) 
Employees receiving bilingual pay are expected to translate for employees who are not bilingual in the event such services are needed, even if the employee needing assistance is not from the same department, and perform related work as assigned by the department head.
C. 
Bilingual pay shall be awarded on a monthly basis in accordance with the schedule indicated below:
[Ord. No. 1259, § I, 4-11-2023]
Pay schedule:
Oral fluency
$175/month
Reading/written fluency
$175/month
Oral and written fluency
$225/month
(1) 
Employees are not eligible for compensation for each language they are fluent in. For example, if an employee is orally fluent in both Spanish and Portuguese, they will be compensated $175/month, not $350.
(2) 
Bilingual pay shall be prorated when an employee is absent from work for a period of 14 days or more. Bilingual pay resumes normally upon the employee's return to work.
D. 
Procedures.
(1) 
The request for bilingual designation from the Department Director to the Human Resources Department must be accompanied by a written justification of the need for the bilingual designation and description of bilingual duties assigned. The request must include the location and duties assigned to the position and address the criteria stated above. It may additionally be helpful to:
(a) 
Submit examples of the different types of materials in English that must be written in a second language.
(b) 
Include an explanation of the purpose of these materials and frequency of their occurrence.
(2) 
The Human Resources Department evaluates the bilingual position designation justification provided by the Department and approves or denies the request.
(3) 
Departments may designate occupied positions as bilingual only if the incumbent employee first passes a bilingual proficiency test.
(4) 
Applicants or incumbents must initially pass a bilingual proficiency test and provide proof of continued proficiency every three years.
(5) 
Exceptions to Subsection D(4) may be made on a case-by-case determination, and eligibility for pay may be granted to an employee at the discretion of the Human Resources Director (for example, for individuals who are native to the language and English is their second language).
(6) 
The Department may request that a bilingual designation be removed and must provide justification describing the reasons for the change requested.
E. 
Administration. The Human Resources Department shall be responsible for administering the Bilingual Pay Policy, including approval of the bilingual position designations and proficiency testing and certification approved vendors. Human Resources responsibilities shall also include a periodic review and report on the number and location of positions designated as bilingual, as well as languages deemed eligible for compensation under this policy.
[Ord. No. 1228, § I, 8-11-2020]
There is hereby established a Department to be known as the "Department of Human Resources," hereinafter sometimes referred to in this article as the "Department."
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall consist of a Director of Human Resources, hereinafter sometimes referred to in this article as the "Director," who shall be the head of the Department, and such other personnel for which provision may be made from time to time hereafter.
[Ord. No. 1228, § I, 8-11-2020]
In accordance with Article 3, Section 3-3, of the City Charter, the Director of Human Resources may be removed by the Mayor in their sole discretion.
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall be consulted by and shall make recommendations and render assistance to all other departments in the procurement of personnel.
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall study the classification, assignment, and utilization of personnel in all other departments and shall make recommendations to such other departments for such changes which may be necessary to effect the proper classification and assignment of personnel, and the full utilization thereof in such duties which will permit the City to receive the maximum benefits from the skills and capabilities of such personnel.
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall be consulted by, and shall make recommendations and render assistance to all other departments in connection with the promotion or upgrading of personnel, with particular emphasis upon the establishment and enforcement of a uniform policy or procedure which will ensure full opportunity to all qualified persons already in the City's service to advance therein, consistent with the existence of opportunities therefor and the law applicable thereto, and commensurate with their capabilities.
[Ord. No. 1228, § I, 8-11-2020; Ord. No. 1332, 11-13-2025]
The Department of Human Resources shall furnish information to all persons interested in civil service examinations; render assistance to all other departments in civil service matters; and perform liaison duties between all other departments and the Massachusetts Human Resources Division (HRD) and the Civil Service Commission of the commonwealth.
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall study and recommend any and all steps and measures necessary, consistent with public service and, insofar as reasonably possible, to establish and enforce substantially uniform wages and substantially uniform standards for working hours for similar positions, for vacations, for sick leave and absence without loss in pay in emergencies and on other special occasions, and for working conditions generally, to the end that there shall be no unnecessary disparity or discrimination in such rights and privileges received or enjoyed by like employees of the different departments of the City.
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall discharge all duties and functions incident to the administration of the workers' compensation insurance for employees of the City, including the securing of information from the various other departments and the preparation and filing of all reports, information, and data required by law with the insurer, Department of Industrial Accidents and other persons or offices entitled thereto. This section shall not authorize the Department of Human Resources to purchase or contract for any insurance on behalf of the City.
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall keep and maintain full and complete personnel files and records on all officers and employees of the City. Such Department shall make such files and records and the information contained therein available to all other departments when necessary; it being the intention of this article that the establishment and maintenance of such central personnel files shall eliminate the necessity for their duplication in other departments.
[Ord. No. 1228, § I, 8-11-2020]
All other departments of the City shall, from time to time, make such reports and furnish such information to the Department of Human Resources as the latter shall require in the performance and discharge of its duties and functions.
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall, from time to time, make such reports and recommendations to other departments as may be necessary for the accomplishment of the purposes of this article and shall annually, in January, report to the City Council the transactions of the Department during the preceding year, making such suggestions and recommendations as may be necessary.
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall publish notice of upcoming civil service tests in accordance with provisions as set forth by MGL c. 31 and the Human Resources Division of the commonwealth.
[Ord. No. 1228, § I, 8-11-2020]
The Department of Human Resources shall be responsible for providing the staffing and services for the Council on Aging.