[HISTORY: Adopted by the Town Meeting of the Town of Hopkinton 6-14-1962 STM by Art. 2; amended 4-8-1985 ATM by Art. 2; 10-3-2001 STM by Art. 5; 5-6-2002 ATM by Art. 3; 5-5-2003 ATM by Art. 3; 5-5-2008 ATM by Art. 3; 5-3-2010 ATM by Art 37. Subsequent amendments noted where applicable.]
[Amended 5-5-2018 ATM by Art. 42]
This Chapter shall apply to all boards, committees, departments, divisions and offices of the Town of Hopkinton ("the Town") and to all employees in the service of the Town, including full-time, part-time, temporary, seasonal, special, intermittent, or other employees, but excluding: 1) employees of the School Department; 2) employees holding positions filled by popular election; and 3) employees covered by collective bargaining agreements with the Town; provided, however, that the provisions of this chapter shall be applicable to such employees insofar as the relevant collective bargaining agreement so provides.
The Town adheres to a policy of at-will employment, which permits the Town or an employee to terminate the employment relationship at any time, with or without cause, for any lawful reason. Unless otherwise informed by a written contract, all Town employees are employees-at-will.
The purposes of this Chapter are:
A. 
To establish fair and equitable personnel policies;
B. 
To establish a system of personnel administration based on merit principles that ensure a fair and efficient application of personnel policies;
C. 
To provide methods for the recruitment and retention of a work force that is skilled and effective in accomplishing the goals and objectives of the Town of Hopkinton; and
D. 
To ensure that personnel actions are made without regard to gender, race, color, religious creed, national origin, ancestry, sexual orientation, genetic information, age as defined by law, handicap, political affiliation or any other non-employment related factor and are instead based on merit alone.
A. 
There shall be a Personnel Board consisting of five members appointed by the Board of Select Board.
B. 
The Personnel Board shall work with the Town Manager and the Human Resources Director to provide guidance, feedback and advice on matters regarding Town employees.
C. 
No member of the Personnel Board shall be a Town employee or an elected official of the Town. Each member of the Personnel Board shall be a resident of the Town and shall serve without compensation. Each member of the Personnel Board shall serve for a term of three (3) years beginning on the July 1 following the expiration of the previous term. Each member shall hold office until their successor is appointed in the manner provided herein.
D. 
Members of the Personnel Board serving upon the effective date of this Chapter shall serve until the expiration of their respective terms. Upon the expiration of such terms, the Select Board shall appoint members for successive three-year terms.
E. 
If any member shall resign or otherwise vacate their office, a successor shall be appointed forthwith by the Select Board to fill the remainder of the unexpired term.
F. 
The Personnel Board shall organize annually, as soon as possible after July 1 of each year, at the call of the then Chair or, lacking a Chair, any member of the Board, and shall elect a Chair from among its members. The Chair shall hold office until their respective successor has been elected. In the event a vacancy occurs in the office of the Chair, the Personnel Board shall elect a successor Chair to serve until the next organizational meeting of the Personnel Board or until their successor has been elected.
G. 
The Personnel Board may make an annual report to the Town, including recommendations on any matters related to the administration of personnel.
H. 
The Personnel Board shall endeavor to meet annually with all department heads, the Select Board and the Chair of the Appropriation Committee.
I. 
The Personnel Board shall meet with the Town Manager, or their designee, monthly.
A. 
All Town Agencies and employees to which this Chapter applies shall be subject to policies and procedures set forth in an Employee Handbook. The Employee Handbook shall contain all personnel and employment policies and procedures including, but not limited to, a Salary Administration Plan, and provisions covering vacation leave, sick leave, personal leave, holidays, and performance evaluations.
B. 
The Employee Handbook, including the Salary Administration Plan, shall be written and amended by the Town Manager, or their designee. The initial Employee Handbook and any amendments thereto shall not take effect sooner than thirty (30) days after the Town Manager has submitted a proposed Employee Handbook or proposed amendments to the Personnel Board for advice and recommendations. The Town Manager, or their designee, shall review the Employee Handbook not less than once every two years.
In the event that any provision of this Chapter, or application thereof, is for any reason held to be invalid or unenforceable by any reviewing agency or court of competent jurisdiction, such invalidity or enforceability shall be construed as narrowly as possible and the balance of this Chapter shall be deemed to be amended to the minimum extent necessary so as to serve the purposes hereof.