The following personnel policy shall be applicable
to all permanent full-time, part-time and temporary employees of the
Town with the exception of those working under the supervision or
direction of separate boards or committees which have provided separate
personnel policies for such employees.
Employment by the Town shall be generally governed
by the laws and statutes of the Commonwealth of Massachusetts.
Employees shall be engaged according to the
following procedure:
A.
Public advertisement or notice.
B.
Submission of a written application or on the form
provided by the Selectboard.
[Amended 6-12-2021 ATM by Art. 15]
C.
A certificate of physical fitness from a physician
shall be required.
D.
A personal interview may be held by the Selectboard
and the department head.
[Amended 6-12-2021 ATM by Art. 15]
A.
Each new employee shall work a probationary period
of six (6) months, during which time he or she may be dismissed at
the discretion of the Selectboard or upon recommendation of the department
head concerned.
[Amended 6-12-2021 ATM by Art. 15]
B.
Following the completion of said probationary period,
an employee shall be considered a regular employee who may be dismissed
only for cause and after a hearing.
A.
Rates of pay for such employment by the Town shall
be established by the Classification-Compensation Plan.[1]
[1]
Editor's Note: Said plan is included as an attachment to this chapter.
B.
Part-time and temporary employees [those employed
for three (3) months or fewer] shall not be paid at such rates as
set by the Personnel Board in the Classification-Compensation Plan.
[Amended 3-5-1979 ATM, Art. 15]
The normal workday shall be eight (8) hours,
exclusive of lunch periods. The normal workweek shall be forty (40)
hours.
Regular Town employees shall receive overtime
pay for all hours worked in excess of forty (40) hours in one (1)
workweek consistent with the acceptance of the Annual Town Meeting
of MGL c. 149, § 33C. Overtime pay is computed at one and
one-half (1 1/2) times the straight-time hourly base rate of
the employee. Vacation days, sick days and holidays are counted as
time worked in the computation of overtime. Department heads (highway,
sewer, police, Town Clerk) are considered exempt employees and are
not eligible for overtime pay.
[Amended 4-6-1982 ATM, Art. 29; 4-25-1988 ATM, Art. 16; 4-27-1992 ATM, Art.
36; 4-26-1993 ATM, Art. 34; 4-25-1994 ATM, Art. 32; 4-25-2016 ATM, Art. 5]
Town Departments that regularly schedule work shifts during
the period of 3:00 p.m. to 11:00 p.m. shall pay a shift differential
of one dollar ($1.00) for each hour worked; Town Departments that
regularly schedule work shifts during the period of 11:00 p.m. to
7:00 a.m. shall pay a shift differential of one dollar fifty cents
($1.50) per hour for each hour worked. In this case, "Regularly" shall
mean no less than four times weekly, and no less than 36 weeks per
fiscal year.
Each employee must notify his or her department
promptly of any absence.
A.
Regular employees shall be compensated at their regular
rates for the following legal holidays:
New Year's Day
| |
Martin Luther King Day
| |
Washington's Birthday
| |
Patriot's Day
| |
Memorial Day
| |
Juneteenth Independence Day
[Added 6-12-2021 ATM by Art. 12] | |
Independence Day
| |
Labor Day
| |
Indigenous Peoples' Day
[Amended 6-12-2021 ATM by Art. 13] | |
Veteran's Day
| |
Thanksgiving Day
| |
Day after Thanksgiving
[Added 4-6-1983 ATM, Art. 15B] | |
Christmas
|
B.
When a holiday occurs on a weekend or during an employee's
vacation, the employee may have a compensatory day off.
D.
All employees will be expected to render emergency
service whenever necessary.
[Amended 3-5-1979 ATM,
Art. 14; 4-6-1983 ATM, Art. 15B; 4-24-2000 ATM, Art. 33; 4-27-2015 ATM, Art. 34]
A.
Eligible employees: all full-time and benefit eligible permanent
part-time employees.
B.
Collective bargaining agreements and statutory employment agreements.
If there is a conflict between this bylaw and an applicable collective
bargaining agreement or the terms of any applicable statutory employment
agreement, including an employment agreement under MGL c. 41, § 108N
(applying to Town administrators, Town accountants, and/or persons
performing such duties having a different title), MGL c. 41, § 108O
(applying to police chiefs and fire chiefs), and MGL c. 78, § 34
(applying to head librarians), the terms of the collective bargaining
agreement or statutory employment agreement, as the case may be, shall
prevail over the bylaw.
C.
Computation of vacation time. Subject to Subsection D below, all eligible employees shall accrue vacation time beginning the first day of duty, as follows:
First Day of Duty, up to 5 years of actual service
|
80 hours annually, accrual rate 3.08 hrs bi-weekly
| |
5 years, up to 10 years of actual service
|
120 hours annually, accrual rate 4.62 hrs bi-weekly
| |
10 years or more of actual service
|
160 hours annually, accrual rate 6.16 hrs bi-weekly
|
D.
Eligible part-time employee calculation of vacation time. Eligible
part-time employees accrue vacation leave on a pro-rated basis, based
on the amount of hours worked in the previous fifty-two (52) weeks.
New hires' first year pro-rated calculation is based on hours worked.
E.
Vacation limits.
(1)
Eligible
employees may accrue and carry vacation time balances equal to two
(2) years' worth of vacation time. Once an employee accrues two (2)
years of vacation time, the employee will no longer continue to accrue
any more vacation time until such time as the employee uses some portion
of the accrued, unused vacation time. Once the employee uses vacation
time bringing the amount of vacation time being carried to fall below
the 2-year accrual limit, accrual will resume on a bi-weekly basis.
(2)
The
employee will not be compensated for non-accrued time under this policy.
(3)
Eligible
part-time employees' 2-year vacation limit will be calculated on a
pro-rated basis using the same calculation method used to calculate
the vacation time.
F.
Transition from prior vacation leave system to current system set
forth in this bylaw.
(1)
The amendments to this bylaw shall take effect on July 1, 2015.
(2)
For the purpose of implementing the transition from the prior vacation leave system to the accrual and computation system contained in this amended bylaw, each current Town employee who is covered by this bylaw as of the effective date on which the amendments take effect shall be permitted a one-year period to use any accrued, unused vacation that such employee may have that is beyond the computation provision and accrual limits set forth Subsections C and E above. During this transition period, any employee who has accrued vacation leave that is greater than the amount of vacation leave that may be accrued at any given time (i.e., two-years of vacation leave), as determined by the schedule set forth in Subsection C above, shall not continue to accrue any more vacation time until such time as the employee has used that amount of accrued, unused vacation time to bring the employee within the accrual limits of this bylaw.
G.
Using vacation time. Employees may use vacation time with the approval
of their department head (or in the case of a department head, the
department head's appointing authority) in increments up to fifteen
(15) consecutive work days.
H.
Vacation requests and scheduling.
(1)
Employees shall request vacation time from their respective department
head (or in the case of a department head requesting vacation, from
the department head's appointing authority). The department head (or
the appointing authority, as the case may be) shall schedule such
vacation leave based on the operational needs of the Department.
(2)
Requests for vacation time in excess of employees' available accrued
time may be granted as leave without pay at the discretion of the
department head.
(3)
Subject to operational needs, department heads are responsible for
the scheduling of their employees' vacation time throughout the year
so that the Town's mission and employees' needs are met, and so that
employees do not have a significant amount of vacation time that must
be used or forfeited.
I.
Employment termination. Upon the termination of employment or retirement
an employee will be compensated for the balance of their accrued but
unused vacation time to the date of termination or the last pay check.
Accrued but unused vacation time will be paid to the estate of an
employee in the event of an employee's death.
[Amended 3-5-1979 ATM,
Art. 16; 3-25-1985 ATM, Art. 18; 4-24-1995 ATM, Art. 33; 4-27-2015 ATM, Art. 34]
A.
Eligible employees. All full-time and benefit eligible permanent
part-time employees.
B.
Collective bargaining agreements and statutory employment agreements.
If there is a conflict between this bylaw and an applicable collective
bargaining agreement or the terms of any applicable statutory employment
agreement, including an employment agreement under MGL c. 41, § 108N
(applying to Town administrators, Town accountants, and/or persons
performing such duties having a different title), MGL c. 41, § 108O
(applying to police chiefs and fire chiefs), and MGL c. 78, § 34
(applying to head librarians), the terms of the collective bargaining
agreement or statutory employment agreement, as the case may be, shall
prevail over the Bylaw.
C.
"Immediate family" defined. For the purposes of this bylaw, the term
"immediate family" is defined as a spouse (or significant other that
lives in the same household as the employee), son, daughter, mother,
father, brother, sister, stepmother, stepfather, stepson, stepdaughter,
stepbrother, stepsister, mother-in-law or father-in-law.
D.
Sick time purpose. Sick time is a contingent benefit limited to absences
caused by an eligible employee's illness (including illness or disability
arising out of or caused by pregnancy or childbirth), injury, or exposure
to contagious disease, or the illness of a member of an eligible employee's
immediate family, including illness or disability arising out of or
caused by pregnancy or childbirth or for medical appointments. Sick
leave used for purposes other than legitimate reasons or in an excessive
manner may result in disciplinary action up to and including termination
of employment at the discretion of the Town.
E.
Doctor's note. The Town, at its exclusive discretion, reserves the
right to request a written certificate from a Town-selected physician,
at the cost to the Town, or from the employee's physician, relative
to the employee's ability to perform the essential functions of the
job or in cases of absence under this bylaw.
F.
Sick time accrual.
(1)
Eligible employees with less than ten (10) years of service to the
Town may accumulate up to a maximum of sixty (60) days* of sick time
for use by the employee. Each day of accrued sick time shall equal
eight (8) hours. Therefore, eligible employees with less than ten
(10) years of service may accumulate up to a maximum of 480 hours
of sick time. Eligible employees with less than 10 years of service,
will accrue sick time at a rate of 0.833 sick time days per month
for each month of actual service not to exceed 10 sick days per year,
up to a maximum of sixty (60) days*.
(2)
Eligible employees with ten (10) years or more of service to the
Town may accumulate up to a maximum of ninety (90) days* of sick time
for use by the employee. Each day of accrued sick time shall equal
eight (8) hours. Therefore, eligible employees with 10 or more years
of service may accumulate up to a maximum of 720 hours of sick time.
Eligible employees with ten (10) or more years of service, will accrue
sick time at a rate of 0.833 sick time days per month for each month
of actual service not to exceed 10 sick days per year, up to a maximum
of ninety (90) days*.
*Eligible part-time employees shall accrue sick time on a pro-rated
basis.
|
G.
Sick time limits. Once an employee's sick time limit is reached,
the employee will no longer continue to accrue any more sick leave
until such time as the employee uses some portion of the accrued,
unused sick time. Once the employee uses sick time causing the amount
of sick time being carried to fall below the sick time limit, accrual
will resume on a bi-weekly basis. The employee will not be compensated
for non-accrued sick time under this policy.
H.
Transition from prior sick time system to current system set forth
in this bylaw.
(1)
The amendments to this bylaw shall take effect on July 1, 2015.
(2)
For the purpose of implementing the transition from the prior sick time system to the accrual and computation system contained in this amended bylaw, any Town employee who is covered by this bylaw who has accrued sick time that is greater than the amount of sick time that may be accrued at any given time, as set forth in Subsection F above, as of the effective date on which the amendments to this bylaw take effect, shall not continue to accrue any more sick time until such time as the employee has used that amount of accrued, unused sick time to bring the employee within the accrual limits of this bylaw.
I.
Employment retirement or death. When an employee retires or upon
the death of an employee, the Town will pay the employee or the employee's
estate unused sick time at a rate of one (1) day per year of service
or the employee's sick time balance, whichever is less, up to a maximum
of $4,000.00.
Regular employees working for the Town one thousand
forty (1,040) hours or more during the year are eligible to participate
on a prorated basis in the following fringe benefits programs offered
by the Town unless otherwise indicated:
A.
Health insurance. As provided for under Chapter 32B
of the General Laws, thirty-five percent (35%) of the premium for
this insurance is paid for by the employee.
[Amended 3-31-1986 ATM, Art. 19; 4-24-1989 ATM, Art. 14]
B.
Life insurance.
(1)
Types of insurance available include group life, group
total permanent disability and accidental death.
(2)
As provided for under Chapter 32B of the General Laws,
thirty-five percent (35%) of the premium for this insurance is payable
by the employee.
[Amended 3-31-1986 ATM, Art. 19; 4-24-1989 ATM, Art. 14]
C.
Pension plan.
(1)
As provided for under Chapter 32B of the General Laws,
full-time employees of the Town must participate in the approved county
pension plan.
(2)
Part-time employees may participate if yearly hours
of Town employment exceed one thousand forty (1,040) or annual earnings
from the Town exceed seven hundred twenty dollars ($720.).
(3)
Contribution made to the plan shall be as follows:
D.
Personal day. One (1) day for personal use shall be
granted by the Town, each year on the anniversary date of employment.
An unused personal day will revert to the Town and the employee shall
receive no compensation.
[Added 4-27-1987 ATM, Art. 17]
A.
Any employee having at least one (1) year of continuous
service for the Town and being required to perform military duty in
the armed forces under the provisions of MGL c. 33, § 54,
or being required to serve an annual tour of duty as a member of a
reserve component of the Armed Forces of the United States, shall
be granted a military leave of absence and shall also be entitled
to compensation for any difference between his military pay and his
regular pay for not more than ten (10) workdays during such military
leave of absence and, in addition thereto, shall be granted the same
leaves of absence or vacation with compensation given to other like
employees.
B.
A military leave of absence without compensation shall
be granted to any such employee called to active duty with the armed
forces for purposes other than military duty referred to in the preceding
subsection.
C.
Seniority shall accumulate during service in the Armed
Forces of the United States.
D.
A military leave of absence with compensation shall
be granted to any such employee for the purpose of appearing before
any board under the Selective Service Law or for any physical examinations
under said law, but no such leave of absence shall be granted for
a period of more than one (1) day without the approval of the Selectboard.
[Amended 6-12-2021 ATM by Art. 15]
An employee of the Town who serves as a grand
or traverse juror in a federal court or in the courts of the commonwealth
shall receive from said Town the difference between his pay and the
compensation he receives for such jury service, exclusive of any travel
or other allowance.
[Amended 4-25-1994 ATM, Art. 31]
A.
Twelve (12) weeks emergency leave under the Family
and Medical Leave Act of 1993 will be granted without compensation,
excepting that accumulated vacation and personal day benefits must
first be used during any extended leave period.
B.
Emergency leave up to a maximum of seven (7) days per year may be allowed for serious illness in the immediate family (defined in § 35-32B below) of the employee and shall be charged against sick leave allowance of the employee. This is exclusive of leave associated with the Family and Medical Leave Act of 1993.
A.
Leave, up to a maximum of three (3) days, shall be
allowed for death in the immediate family of the employee and shall
not be charged against the sick leave allowance of the employee.
B.
"Immediate family," as defined in this section, shall
mean wife, husband, son, daughter, father, mother, brother, sister,
father-in-law, mother-in-law and grandparents.
C.
One (1) day of leave for death not in the immediate
family, at the discretion of the department head, shall be allowed
and not charged against sick leave, vacation or personal days of the
employee.
[Added 4-26-1993 ATM, Art. 33]
Leaves of absence for causes other than set
forth in this article shall be without compensation.
A.
There shall be a grievance procedure available to
those employees of the Town whose rights, in their opinion, have been
prejudiced in any way and covering all other grievances except those
that would properly be under the jurisdiction of the Civil Service
Commission or other duly established appeal board.
B.
As used in this section, the word "grievance" shall
be construed to mean dispute between an employee and his supervisor(s)
arising out of an exercise of administrative discretion by such supervisor(s).
C.
It is further understood that any employee may handle
his grievance directly with his supervisor.
D.
Should any difference relative to wages, hours and
working conditions arise between the Town and any employee or employees,
an earnest effort shall be made to settle such difference immediately
as follows:
(1)
Step 1. An employee with a grievance shall speak to
the head of his department regarding the problem. The department head
shall make an effort, orally and within three days to resolve the
problem to the satisfaction of all parties. If, however, the employee
is not satisfied, he shall present his grievance in writing to the
head of the department.
(2)
Step 2. The department head will investigate the grievance and present his conclusions in writing to the employee within two weeks. If the employee is not satisfied then, he shall present all pertinent data in writing, including the grievance and written answers from the department head to the Personnel Board acting in its capacity as Personnel Relations Review Board (see § 35-14 of Article I, Personnel Board).
(3)
Step 3. The Personnel Relations Review Board shall
conduct a hearing within 30 days. Within two weeks from the date of
the hearing, the Board shall forward its decision, in writing, to
the department head and a copy to the employee. This decision shall
be final and binding.
[Added 4-29-1996 ATM, Art. 31]
A.
Any Town employee who, during the course of his (her)
employment, might be required to use a municipal vehicle may be subject
to random drug and alcohol testing.
B.
Such testing can be mandated by a local drug and alcohol
coordinator if just cause is given.
C.
Any employee who fails to submit to testing may be
subject to a hearing by the Selectboard, Personnel Board and/or department
head, with the possibility of suspension, dismissal or other appropriate
action.
[Amended 6-12-2021 ATM by Art. 15]
[Added 4-29-1996 ATM, Art. 32; amended 9-27-2006 STM, Art.
5; 6-12-2021 ATM
by Art. 15]
The Selectboard shall develop and maintain a
policy regarding harassment and sexual harassment in keeping with
the laws and regulations of the United States and the Commonwealth
of Massachusetts.