[HISTORY: Adopted 5-8-1989 Annual Town Meeting, Art 4.[1] Amendments noted where applicable.]
[1]
Editor's Note: This article also provided for the deletion of former Ch. 36, Personnel, adopted 5-7-1977 Special Town Meeting, Art. 46, as amended.
The purpose of the Personnel Bylaw is to establish fair and equitable personnel policies and to establish a system of personnel administration based on merit principles that ensures a uniform, fair and efficient application of personnel policies. This chapter is adopted pursuant to the authority granted by Article LXXXIX of the Constitution of the Commonwealth and MGL C. 41, §§ 108A and 108C.
All Town departments and positions shall be subject to the provisions of this chapter except elected officers, employees with personal contracts, employees of the School Department and members of the Police Department. The provisions of this chapter shall not be applicable to employees covered under collective bargaining agreements except where such collective bargaining agreements expressly so provide.
A. 
Composition; terms of office. The Select Board shall serve as the Personnel Board under the authority of MGL C. 41, § 108C. The term of office shall be concurrent with the term of each Selectman.
[Amended 11-13-2017 FYTM, Art. 13]
B. 
Powers and duties. The Board shall be responsible for establishment and maintenance of a personnel system based on merit principles, the classification and reclassification of positions, an annual compensation plan and the development of personnel policies pursuant to § 36-5 of this chapter.
A personnel system shall be established by promulgation of policies pursuant to § 36-5. The personnel system shall make use of current concepts of personnel management and shall include but not be limited to the following elements:
A. 
Method of administration. A system of administration which assigns specific responsibility for all elements of the personnel system, including: maintaining personnel records, implementing effective recruitment and selection processes, maintaining the classification and compensation plans, monitoring the application of personnel policies and periodic reviews and evaluating the personnel system.
B. 
A classification plan. A position classification plan for all employees subject to this chapter shall be established, based on similarity of duties performed and the responsibilities assumed so that the same qualifications may be reasonably required for, and the same schedule of pay may be equitably applied to, all positions in the same class. No employee may be appointed to a position not included in the classification plan.
C. 
A compensation plan. A compensation plan for all positions subject to this chapter shall consist of:
(1) 
A schedule of pay grades including minimum and maximum rates for each grade.
(2) 
An official list indicating the assignment of each position to specific pay grades.
D. 
A recruitment and selection policy. A recruitment, employment, promotion and transfer policy which ensures that reasonable effort is made to attract qualified persons and that selection criteria are job-related.
E. 
Personnel records. A centralized record keeping system which maintains essential personnel records.
F. 
Personnel policies. A series of personnel policies which establishes the rights and benefits to which personnel employed by the Town are entitled and the obligations of said employees to the Town.
G. 
Other elements. Other elements of a personnel system as deemed appropriate or required by law.
[Amended 11-13-2017 FYTM, Art. 13]
The Select Board/Personnel Board shall promulgate personnel policies defining the rights, benefits and obligations of employees subject to this chapter. Policies shall be adopted or amended as follows:
A. 
Preparation of policies. The Select Board/Personnel Board shall prepare policies or amendments to policies. Any member of the Select Board, Personnel Board, the Executive Secretary or any three employees may suggest policies for consideration by the Select Board/Personnel Board. The Select Board/Personnel Board need not consider any proposal already considered in the preceding 12 months. Any person proposing a new or amended policy shall provide the substance and the reason for the proposed policy to the Select Board/Personnel Board in writing. The Select Board/Personnel Board shall hold a public hearing on any proposed policies or amendments. Any proposed policies or amendments shall be posted at least five days prior to the public hearing in prominent work locations, and a copy of all proposals shall be provided to the Town Clerk.
B. 
Public hearing. The Select Board/Personnel Board shall present the proposed policy(ies) or amendment(s), the purpose of the proposal and the implication of any proposed change at the public hearing. Any person may attend the hearing, speak and present information. Within 20 days after such public hearing, the Personnel Board/Select Board shall consider the proposed policies and may vote to adopt the policies (with or without modifications), reject the policies or indicate that further study is necessary. Policies shall become effective upon approval of the Personnel Board/Select Board, unless some other date is specified.
The provisions of this chapter and any regulations adopted pursuant to this chapter are severable. If any chapter provision or regulation is held invalid, the remaining provisions of the chapter or regulations shall not be effected thereby.
This chapter shall take effect on July 1, 1989. Personnel policies existing prior to said date as presented in Chapter 36, Personnel, will remain in effect for at least 90 days from said date and until promulgation of new policies in accordance with § 36-5 herein.