This bylaw establishes a Salary Administration Plan, hereinafter called the "Plan," which classifies several positions of Town services into groups, establishes salary schedules, establishes so-called "fringe" benefits, or "indirect pay" provisions, such as holidays and vacations with pay, sick leave, and the like, and establishes a Personnel Committee to administer the Plan, as hereinafter provided, and to represent the interest of both taxpayers and Town employees.
[HISTORY: Adopted by the Town of Lunenburg as last amended 5-6-2023 ATM by Art. 9. Subsequent amendments noted where applicable.]
A.
There is hereby established a Personnel Committee consisting of five members, each residing in the Town of Lunenburg, to be appointed by the Select Board, and each member shall serve for a term of three years; provided, however, that of the members originally appointed, one shall serve a term of one year, two for a term of two years, and two for a term of three years, as designated by the Select Board. However, nothing herein shall be deemed to prohibit the chair of the Personnel Committee from designating a member of said committee to serve as a representative of said Committee on a study committee of the Town Meeting, nor shall such service affect the tenure of said member of the Personnel Committee. If any member of the Personnel Committee shall resign or otherwise vacate the office before the expiration of their term, the successor shall be appointed by the Select Board, at their discretion, to serve for the balance of the unexpired term.
B.
A Town employee may have a staff assignment to serve as a subject matter expert and non-voting member of the Personnel Committee and may be called upon from time to time to provide information requested by the Personnel Committee so that the Personnel Committee can make well-informed decisions and proposals.
C.
Said Committee shall elect its own chair and vice chair at their first meeting after June 30 of each year; and in the absence or incapacity of the chair, the vice chair shall act as chair. The Committee shall keep a record of its official proceedings and actions, may establish its own rule of procedure and may, subject to appropriation therefor, retain such clerical and other assistance, and make such other expenditures as may be necessary to the performance of its duties. Three members shall constitute a quorum for the transaction of the business of the Committee, and the affirmative vote of three members shall be necessary to any official act of the Committee.
D.
The Personnel Committee is hereby authorized to administer the provisions of this bylaw, except for such duties as may be specifically assigned by statute, Town Charter or bylaw to other Town officers, boards or committees.
E.
The Personnel Committee may from time to time issue, amend, or revoke administrative orders for the purpose of giving effect to the provisions of this bylaw, and for the purpose of giving effect to the provisions of such other bylaws and votes of the Town, pertaining to personnel administration, as said Committee may be responsible for administering and/or enforcing. Each such order shall be numbered in sequence, and said Committee shall maintain in the Town office a file for all such orders issued, said file to be open to public inspection.
F.
Except as otherwise provided by law, the Committee shall have access to all facts, figures, records and other information relating to the personnel of Town departments, and the same shall be furnished forthwith by any such department whenever so requested by the Personnel Committee, in such a form as said Committee may require.
G.
In the event that the Personnel Committee does not have enough members to conduct business, the Town Manager shall have the authority to administer the Salary Administration Plan.
The positions of all employees in the service of the Town, and not otherwise covered by a collective bargaining agreement or employees of the school, are hereby classified by titles in the groups listed in Schedule A, entitled "Classification and Salary Schedule," as set forth in this bylaw.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
No person shall be appointed, employed or paid as an employee in any position subject to the provision of the Salary Administration Plan under any title other than those of the Classification and Salary Schedule, or under any title other than that of the job the duties of which are actually performed. The job title in the Classification and Salary Schedule of the Plan shall be the official title for all purposes having to do with the position and shall be used to designate the position in all payrolls, budget estimates and official reports, and in every other connection involving personnel and fiscal processes.
[Amended 11-18-2025 STM by Art. 16]
The Personnel Committee tentatively may add new job title and descriptions to this Plan, establishing grades with minimum and maximum wage or salary ranges for the same, and reclassifying existing jobs, revising the description and the minimum and maximum wage and salary ranges therefore, and such addition or reclassification to be effective only for the period from the date of such action by the Personnel Committee to the date of any vote with respect thereto adopted at a subsequent Town Meeting but in no case later than the next Annual Town Meeting unless such later date as may be specified by such vote.
No employee shall be reclassified to a job in another group, either higher or lower, until the Personnel Committee shall have determined that such a reclassification will be consistent with the provisions of the Salary Administration Plan. Eligibility for a step increase of a reclassified employee will be granted one year from the date of reclassification.
[Amended 11-18-2025 STM by Art. 16]
A.
The Personnel Committee shall maintain written job descriptions of the jobs or positions in the Plan, describing the essential functions, requirements, and 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 supervisor. Job descriptions shall be reviewed, at a minimum, upon the exit of an existing employee and before the Town seeks to fill the vacancy.
B.
At least every three (3) years, the Personnel Committee shall review the wage and salary schedules of all positions in the Plan, and be in a position to recommend to the Select Board any action deemed desirable to maintain a fair and equitable pay level.
C.
Annually, the Town Manager shall make recommendations to the Select Board regarding annual cost of living increases for consideration at Annual Town Meeting.
A.
The Classification and Salary Schedule of the Salary Administration Plan, set forth in Schedule A of this bylaw,[1] shall consist of the maximum and minimum salaries and step-rate salaries for the groups and positions in the Classification and Salary Schedule. The salary range of a group shall be the salary range for all positions classified in such group.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
B.
Irrespective of the period of time for which pay rates may be shown in the salary Schedule, all employees shall continue to be paid on an hourly, weekly, monthly, or other basis, as at present, unless otherwise authorized by the Personnel Committee or by amendment of the Salary Administration Plan.
Any salary rate that is above the maximum rate for a job, as established by Salary Administration Plan, shall be deemed to be a personal rate, and apply only to the incumbent. When such incumbent leaves the employ of the Town or is transferred to another job with a higher maximum rate than their personal rate or higher maximum rates are established, the personal rate shall disappear. No other employee assigned to or hired for such job shall advance beyond the maximum of the job.
A.
Layoff procedure. If the Town decides to lay off employees, it shall determine from which classification(s) or job function(s) layoffs shall be made. Layoffs shall then be made based on seniority within the classification.
(1)
"Seniority" shall be the length of an employee's continuous service measured from the employee's most recent appointment date; provided an employee's seniority may be reduced for periods of unpaid leave, unless otherwise prohibited by law.
(2)
If two or more employees in the same classification have the same seniority, the employee who has the shorter term of continuous employment with the Town shall be laid off. If there are two or more employees in the same classification with the same seniority and the same term of continuous employment with the Town, a part-time employee shall be laid off before a full-time employee. If there are still two or more employees in the same classification, the Town Manager shall determine which employee shall be laid off.
(3)
An employee that is scheduled to be laid off shall have the right to bump other employees in lower classifications with less seniority, provided that the Town Manager, in their sole discretion, but with consultation of the department head, shall make a determination that the employee retained is qualified and able to perform the duties of the lower classification, subject to disability discrimination laws.
(4)
Employees who have been laid off from employment are responsible for keeping the Town advised of their current address for the purpose of potential recall from layoff.
B.
Recall policy. If the Town conducts a recall from layoff, recall shall be offered in reverse order of layoff by classification, provided the laid-off employee is qualified and able to perform the duties of the classification to which the employee is being offered recall, subject to disability discrimination laws. Employees shall only be eligible for recall from layoff under the terms of this policy for one year from the date of the employee's layoff.
(1)
Any employee who is recalled from layoff under the terms of this policy shall retain their seniority, less the period of layoff.
(2)
The Town will notify an employee of a recall opportunity by certified letter (or other verifiable method of delivery) to the employee's last known address. An employee who has been offered an opportunity to be recalled from layoff must advise the Town of their intention to accept recall within five working days.
[Amended 11-18-2025 STM by Art. 16]
A.
Upon promotion, the employee will automatically be placed on the pay grade for the new position at the step that is closest to, but not less than, their current rate of pay, and not less than the step increase they would have achieved on their next anniversary date had they not been promoted. They may also receive at the time one or more step rate increases, provided the maximum for the job is not exceeded, if the Department Head recommends that qualification and performance warrant it, and the Personnel Committee approves. If the Department Head should feel that there should be a trial period before recommending the promotional step rate increase or increases, on recommendation of the Department Head, the Personnel Committee may approve any such deferred promotional increase at the conclusion of the trial period.
B.
If an employee is transferred to a job with a lower rate range, or rate of pay, they shall enter it at the pay rate closest to their current rate or at the maximum rate for the job, whichever is the lower.
C.
If an employee is reclassified to a higher grade, the employee will be placed to the higher grade at the step that is closest to, but not less than, their current rate of pay, and not less than the step increase they would have achieved on their next anniversary date had they not been reclassified.
[Amended 11-12-2024 STM by Art. 11; 11-18-2025 STM by Art. 16]
A.
All employees shall be hired at the minimum of the rate range of the job for which the new employee is hired unless the Town Manager, after consultation with the Chair of the Personnel Committee, authorizes paying the employee at a higher step due to the employee's qualifications and experience or market conditions. The Personnel Committee must formally vote to approve any proposal by the Town Manager to pay the new employee above Step 4. In the event that the Personnel Committee does not have enough members to conduct business, the Select Board shall have the authority to administer this provision of the Salary Administration Plan.
B.
Effective July 1, 2015, for new full-time and new part-time A or part-time B personnel, eligibility for a step increase will depend on the employee's date of hire. If hired between January 1 and June 30, the employee is not eligible for a step increase until July 1 of the following calendar year. If hired between July 1 and December 31, the employee is eligible for their first step increase on the upcoming July 1.
C.
Effective July 1, 2022, for new full-time and new part-time A and part-time B personnel, eligibility for a step increase will be on the anniversary date of employment.
[Added 11-12-2024 STM by Art. 11; amended11-18-2025 STM by Art. 16]
The Town acknowledges that there may be times of extremely low unemployment, a discipline specific shortage of qualified applicants, or recruitment challenges posed by the Town's wage structure, that the recruitment of needed employees may prove so difficult as to make it problematic to deliver certain mission critical services. Upon the Town Manager making such a finding, they may offer the prospective employee a recruitment incentive. Incentives may include, but are not limited to the depositing of up to five (5) days of vacation leave time, a one-time sign-on bonus, or other similar limited allowances.
[Amended [Amended 11-18-2025 STM by Art. 16]]
A.
The Town will promptly consider and respond to employee grievances. The preferred method of addressing grievances is informally with the employee's supervisor, to correct the cause of the grievance and encourage employees and supervisors to address and resolve problems as they arise. If the cause of a grievance cannot be resolved informally, the below procedure should be followed.
B.
Any employee who believes that they have been subject to a violation of the Salary Administration Plan must bring their grievance forward within ten working days of the occurrence or knowledge of the event. The employee is encouraged to discuss the grievance initially with their Department Head. If the employee is not comfortable discussing the matter with their Department Head, or if the matter is not settled, the employee should submit the said grievance to the Human Resource Director. The Human Resources Director shall meet with the employee and will respond in writing to the employee within 14 days of the meeting.
C.
If the grievance is not resolved by the decision of the Human Resources Director, the employee may escalate the grievance to the Town Manager within 10 days of receipt of the most recent decision. The Town Manager will meet with the employee within a reasonable time after receipt of the appeal and will respond in writing to the employee's grievance within 30 days after meeting with the employee. The Town Manager's decision shall be final and binding.
Each department head shall include in the annual budget request a pay adjustment section to provide funds for anticipated pay adjustments during the ensuing year, expenditures to be made therefrom only in accordance with the Salary Administration Plan with approval of the Personnel Committee.
In the event any provision of this bylaw or application thereof shall be held to be invalid by the proper authorities, this shall not be construed to affect the validity of any other provision, or application thereof, of this bylaw.
Nothing in this bylaw of Salary Administration Plan shall be construed to conflict with Chapter 31 (Civil Service) of the General Laws.
[Amended 11-18-2025 STM by Art. 16]
A.
Non-Exempt Employees:
(1)
The regularly scheduled hours to be worked shall be determined by the appropriate Department Head in consultation with the Town Manager.
(2)
Non-exempt positions are entitled to overtime pay at one and one-half (1 1/2) times the regular rate for work actually performed in excess of forty (40) hours within a workweek. Included in the computation of forty (40) hours shall be all hours of "work actually performed" and all duly paid time off, including but not limited to holidays, sick leave, vacation, personal days and bereavement leave. Unauthorized leave or leave for which the employee is not entitled to compensation shall not be included in such computation, unless otherwise required by law.
(3)
Notwithstanding anything in the foregoing paragraphs, the employee may request, and the appropriate department head may approve, compensatory time off at a rate of 1 1/2 times the hours worked that qualify for overtime instead of paying the overtime rate. Compensatory time must be taken within 60 days.
B.
Exempt Employees. Employees primarily performing work that is not subject to the overtime provisions of the FLSA (employees who meet the FLSA exemption test and generally work in an executive, administrative, professional, or computer occupations).
[Amended 11-12-2024 STM by Art. 11; 11-12-2024 STM by Art. 12; 11-18-2025 STM by Art. 16]
A.
All persons employed regularly by the Town and classified as either full-time, part-time A, or part-time B shall accrue paid vacation according to the following schedule. Vacation will be prorated accordingly. The vacation and sick leave formula shall be used to determine the prorated leave time. (See § 70-29, Definitions.)
B.
Vacation leave shall accrue on a monthly basis, beginning with the first full month following the employee's date of hire, and shall be credited on the first day of each subsequent month.
C.
Monthly accrual rates shall be based on the employee's length of continuous service with the Town, in accordance with the following schedule:
Length of Service | Hours of Paid Vacation (based on 40-hour week) |
|---|---|
Upon hire and up to 5 Years of continuous service | 8 hours per each full calendar month up to 80 hours |
5 years of continuous service | 120 |
10 years of continuous service | 160 |
11 years of continuous service | 164 |
12 years of continuous service | 168 |
13 years of continuous service | 172 |
14 years of continuous service | 176 |
15 years of continuous service | 180 |
16 years of continuous service | 184 |
17 years of continuous service | 188 |
18 years of continuous service | 192 |
19 years of continuous service | 196 |
20+ years of continuous service | 200 |
The amount of the monthly accrual is adjusted in December and June to adjust for rounding during preceding months.
D.
Employees may begin using vacation time after one full calendar month of continuous service. In order to provide flexibility, vacation time may be used before time is actually accrued, with advance written approval of the Department Head and Human Resources Director. Employees will be required to pay back any portion of unearned vacation that was paid in advance if the employee should leave the Town's employment prior to that vacation becoming accrued. Employees may be required to sign an authorization for this deduction.
E.
Accruals are capped at the employee's annual accrual level, plus five (5) days. For example, if an the employee has 5 years' service, their maximum vacation accrual would be 20 days (15 days + 5 days). Notwithstanding the prior two sentences, employees classified as part-time A will be capped at a maximum of twice the number of hours they are regularly scheduled to work in a week. Accruals shall be suspended if the employee's vacation balance reaches the applicable cap. Accruals will resume once the balance falls below the cap.
F.
When an employee's vacation accrual increases, the accrual for that month should be calculated as a weighted average of the number of calendar days at the previous accrual rate and the number of calendar days for the new accrual rate.
G.
Employment Termination. An employee whose employment ends shall be paid for all accrued, but unused vacation leave, minus any vacation time used, but not yet accrued.
H.
Vacation leave shall be approved by the Department Head and/or their designee for such time or times as best serve the public interest, provided, however, that each employee shall be entitled to use at least 40 hours of their vacation accrual during the period between June 1 and September 15 if desired, based on seniority.
I.
The Town Manager, with the approval of the Select Board, may award a new employee an accrual rate of vacation leave in recognition of the employee's qualifications and experience, or market conditions provided that such initial accrual shall not exceed four (4) weeks. Such employees shall be awarded a service date for the purpose of vacation leave accruals only, which shall be used for future increases in the accrual rate.
J.
To effectuate the transition from the prior vacation leave benefit to the accrual-based vacation leave system, any vacation time earned and unused as of July 1, 2026, shall be converted into a one-time "Vacation Bank". Employees shall be required to use at least one-third (1/3) of their banked time during each of the following three fiscal years (FY27, FY28, FY29). Banked vacation shall be used in accordance with Town policies. All employees with a balance over 120 hours as of June 30, 2026, shall receive a lump-sum buyout of all time over 120 hours. The banked vacation shall be maintained as a separate balance and used prior to newly accrued leave (in any given fiscal year); provided employees may combine the last of their vacation leave from their Vacation Bank for a given year and accrued vacation leave from the given year to cover a single block of time.
(1)
Employees may request, and the Town Manager may approve subject to the availability of funds, to be paid for a greater amount of their balance as of June 30, 2026. Any remainder shall, as detailed above, be banked in three equal increments for FY '27, FY '28 and FY '29 unless the employee and Town Manager agree that the banked time shall be used in a shorter period of time.
(2)
Beginning July 1, 2026, employees employed on or before November 19, 2025, shall begin accruing vacation on a monthly basis as outlined above.
[Amended 5-3-2025 ATM by Art. 15; 11-12-2024 STM by Art. 11; 11-18-2025 STM by Art. 16]
A.
The Town of Lunenburg shall observe the following holidays:
New Year's Day | Labor Day |
Martin Luther King Day | Columbus Day |
Presidents' Day | Veterans Day |
Patriots Day | Thanksgiving Day |
Memorial Day | One floating holiday* |
Juneteenth | Day Before Christmas |
Independence Day | Christmas Day |
* | Floating holiday time for employees who work more than 20 hours per week will be calculated in hours and determined by dividing the number of hours regularly worked per week by the number of days they work in one week. Employees who are in the classification of part-time A shall not he eligible for the Floating Holiday. |
B.
All persons employed by the Town, except those in a classification of Intermittent or Seasonal, shall receive paid holiday leave on the day the Town observes the holiday provided the employee is regularly scheduled to work on the day the Town observes the holiday, based on the hourly rate of the employee for the number of hours the employee is regularly scheduled to work on the day of the week on which the holiday is observed. No supervisor or employee may change the employee's regular schedule in advance of a holiday in an attempt to earn paid holiday, nor may schedules be adjusted to allow an employee to exceed their regularly scheduled weekly hours.
C.
Holiday leave will be granted on the day the Town observes the holiday, when possible. If the holiday falls on a Saturday, it will be observed on the preceding Friday. If the holiday falls on a Sunday, it will be observed on the following Monday. If an eligible employee is required to work on the day the Town observes the holiday, they will be entitled to a Floating Day, which has to be used within the Fiscal Year, by agreement of the supervisor and employee. If the department head determines that holiday leave cannot be granted, the employee shall receive payment at one and one-half times the base hourly rate for all hours worked on the holiday, in addition to his or her holiday pay. Final determination is to be made by the Town Manager.
D.
Call Firefighters assigned to work a Day Shift at the Fire Station on a holiday shall be paid one and one half times their hourly rate for the hours worked. For purposes of this section only, Holiday time shall be considered the calendar date of the holiday, regardless of the day of the week it falls on.
E.
To be eligible for paid holiday leave, an employee must be in a paid status for their full assigned shift on his or her regularly scheduled workday before a holiday, and the next regularly scheduled working day following the holiday, unless the absence on either day is approved in accordance with the Town's leave policies (e.g., vacation, personal, or authorized sick leave).
[Amended 11-12-2024 STM by Art. 12; 11-18-2025 STM by Art. 16]
A.
Upon hire all persons employed, in a classification of full-time or part-time B employees credited with the equivalent of three (3) days of sick leave, with hours prorated, in accordance with the Vacation and Sick Leave formula (See § 70-29, Definitions).
(1)
Additional sick leave will not be accrued until the employee completes three (3) months of service, at which time they will begin to accrue sick leave in accordance with the Vacation and Sick Leave Formula.
B.
Full-time employees assigned to a 40 hour/week position shall accrue eight (8) hours of sick leave per month, or ninety-six (96) hours per year. All other full-time employees and all part-time B employees, shall accrue sick leave in accordance with the Vacation and Sick Leave Formula.
C.
Unused sick leave shall be cumulative up to a maximum of 1,200 hours and shall be carried forward. Sick leave may only be donated to other employees through participation in the Sick Leave Bank, should such a Bank be established.
D.
Upon hire, all persons classified as part-time A employees shall be credited with the equivalent of one (1) day of sick leave, with the hours prorated, in accordance with the Vacation and Sick Leave Formula. After completion of the six (6) months waiting period the employee shall be entitled to sick leave up to twice the number of hours they are regularly scheduled to work in a week. The Vacation and Sick Leave formula shall be used to determine the employee's prorated sick pay. (See § 70-29, Definitions.)
E.
When an employee finds it necessary to be absent because of accident or illness, they shall report the fact to their immediate supervisor as soon as possible either in person or by agent. Sick leave will not be granted unless such report is made. For the protection of the Town, the Department Head or supervisor may require the presentation of a doctor's note in connection with a claim for sick leave that exceeds or is equal to three missed days of work. Any employee who refused to submit a doctor's note shall not be entitled to sick leave.
F.
An employee who retires in good standing shall receive compensation based on a percentage of their accumulated unused sick leave, up to a maximum of 480 hours, as follows: 5 years continuous service 10%; 15 years continuous service 50%; 25 years continuous service 75%. In the event of an employee's death, the above benefit will be paid to their beneficiary. This retirement benefit will not be available to any employee hired after June 30, 2010.
G.
Sick Time can be used for any of the following reasons:
(1)
Care for the employee's own physical or mental illness, injury or medical condition that requires home care or rest, professional medical diagnosis or care, or preventive medical care;
(2)
Care for the employee's child, spouse, parent or parent of a spouse, who is suffering from a physical or mental illness, injury or medical condition that requires home care, professional medical diagnosis or care, or preventive medical care;
(3)
Attending the employee's routine medical appointment or a routine medical appointment for the employee's child, spouse, parent, or parent of spouse.
(4)
Parental Leave. If an employee becomes a parent with or without giving birth (e.g., because the employee's spouse gives birth to a baby, or the employee adopts a child) employees may access, provided there is a pro-rated cap, of up to 320 hours, on the usage of sick leave for such purpose. (See § 70-29, Definitions.)
[1]
Editor's Note: Former § 70-20.1, Sick leave bank, adopted 11-12-2024 STM by Art. 11, was repealed 11-18-2025 STM by Art. 16.
[Amended 11-12-2024 STM by Art. 11; 11-18-2025 STM by Art. 16]
A.
All persons employed in a classification of full-time or part-time B shall be entitled to personal leave of three (3) days per fiscal year, which shall be pro-rated in the employee's first year of service.
B.
Employees who do not use any sick leave within a three month (3) month period (calculated quarterly), will be entitled to one (1) additional personal day for each such quarter; said personal days are to be used in the same fiscal year in which they are earned. Personal leave shall be scheduled with the approval of the Department Head and/or their designee. Personal leave shall not be cumulative.
The Town provides leave in accordance with the Family and Medical Leave Act (FMLA) and its FMLA Policy, as adopted by the Select Board and as it may be amended from time to time. A copy of the Town's FMLA Policy is available on the Town's website.
[Amended 11-18-2025 STM by Art. 16]
In the event of death in an employee's family (spouse, children, parents, in-laws, step-children, step-parents, sibling, step-sibling, significant other or someone who is under your direct care and living in your home, up to and including five (5) days off duty shall be granted, with pay. In the event of death of a grandparent, grandchild, sibling-in law, uncle, aunt, nephew, or niece, three (3) days off duty shall be granted, with pay. Two (2) additional days off, with pay, may be granted at the discretion of the Town Manager not to be charged against sick leave. Any time above these days is to be charged against sick leave.
The Town provides military leave in accordance with state and federal law.
[Amended 11-12-2024 STM by Art. 11]
All persons permanently employed, in a classification of full-time, part-time A or part-time B, called for jury duty shall be paid by the Town, an amount equal to the difference between the compensation paid for a normal working period and the amount paid by the court, excluding allowance for travel, and this will be certified by the Town Clerk or Treasurer upon presentation of the check for monies received for Jury Duty. Jury duty pay is for up to three days of pay.
[Amended 11-12-2024 STM by Art. 11]
After reaching ten (10) years of employment, and thereafter, each employee permanently employed, in a classification of full or part-time B, shall receive an annual bonus equal to 2% of their annual salary, and is payable in the first pay period after the employee's anniversary date, at 15 years of continuous service - 2.5% of their annual salary, and at 20 years of continuous service - 3% of their annual salary.
Travel reimbursement shall be by signed voucher at a rate established by the IRS when using the employee's own car, plus tolls and parking fees.
A.
Items which constitute grounds for disciplinary action against an employee include: chronic absenteeism or tardiness, insubordination or refusal to work, infraction of work and safety rules, threat of physical violence against fellow employees, use of profane language to a supervisor or fellow employee, or offenses of comparable gravity or severity.
B.
Process.
(1)
Upon determination by the department head that disciplinary action is warranted, the following guidelines shall be implemented for all employees that have successfully completed a six-month waiting period:
STEP 1. | 1st offense: written warning |
STEP 2. | 2nd offense: a formal written reprimand notifying the employee of a one-day suspension and that one further offense shall result in a three-day suspension without pay |
STEP 3. | 3rd offense: employee will receive an immediate three-day suspension without pay and a written notification that any further offense shall be grounds for dismissal |
STEP 4. | 4th offense: immediate dismissal of the employee |
(2)
Depending on the particular circumstances, one or more of the above steps may be skipped. The offense for which disciplinary action is taken may be any combination of the items described above. For example, offense number one could be tardiness, offense number two could be absenteeism, and offense number three could be refusal to work or insubordination. If an employee goes 24 months without a further offense, the first offense beyond 24 months shall be disciplined at the level of step one.
C.
The following infractions are grounds for the immediate dismissal of an employee for just cause by the department head. Just cause may include, but shall not be limited to, the following:
(1)
Willful neglect or non-performance of one or more assigned duties;
(2)
Demonstrated incompetence in the performance of one or more assigned duties;
(3)
Behavior that seriously interferes with the normal operation of the municipality, the department, or any member of the workforce;
(4)
Insubordination, which shall mean a refusal to carry out a direct order;
(5)
Dishonesty in the performance of assigned duties:
(6)
Chronic absenteeism or tardiness without reasonable excuse;
(7)
Unauthorized possession or use of alcohol or an unprescribed controlled substance during any period of assigned work;
(8)
Municipal theft.
[Amended 11-12-2024 STM by Art. 11; 11-18-2025 STM by Art. 16]
The following terms used in the Salary Administration Plan shall be defined as set forth herein:
Shall mean any employee of the Town who by virtues of their classified position is exempt from overtime.
Any employee who is regularly scheduled to work 36 hours or more per week.
Shall mean any employee who works on an irregular or occasional basis without a pre-arranged schedule and is compensated only for the time they work. Intermittent employees are not eligible for benefits (i.e., vacation, sick, holiday, longevity, insurance, and the like, unless required by law).
Shall mean any employee of the Town who by virtue of their classified position is not exempt from overtime. Non-exempt employees may be paid on an hourly or salaried basis.
Shall mean any employee working on a regular schedule but fewer than 20 hours per week.
Shall mean any employee who is regularly scheduled to work at least twenty (20) hours and fewer than thirty-six (36) hours per week.
Shall mean any employee, part-time or full-time, who works no more than 180 days per year. Seasonal employees are not eligible for benefits (i.e., vacation, sick, holiday, longevity, insurance, and the like, unless required by law).
The meaning given this term by the marriage laws of the Commonwealth, or someone with whom the individual is cohabitating with the intent of it being permanent.
Shall be determined by dividing the time off by 40 and then multiplying by the number of hours the employee works per week. For example, a forty-hour-per-week employee is eligible for 120 hours of vacation. If another employee with the same tenure works 36 hours, the formula is as follows: 120/40 = 3. Then multiply 3 x 36 hours = 108 hours.
The initial six-month period of employment with the Town.
[Added 11-12-2024 STM by Art. 11; amended 11-18-2025 STM by Art. 16]
The Town Manager may negotiate and execute an employment contract for a period of time not to exceed three (3) years to provide for the performance standards, salary, fringe benefits, and other conditions of employment, including but not limited to: severance pay, reimbursement for expenses incurred in the performances of duties of office, liability insurance, performance standards, and leave for all department heads, provided that the Select Board may authorize the Town Manager to enter into an employment agreement with employees in other titles due to market conditions or for positions requiring specific skills, education or level of experience. Such employment contract shall be subject to Select Board approval under the procedures set forth in the Charter for the ratification of appointment and shall prevail over any conflicting provisions of any Town personnel by-law, rule, or regulation.