[Amended 12-13-1994]
A.
Unless otherwise stated, all full-time positions not
covered by collective bargaining, including department heads, confidential
employees and other nonunion personnel, shall be covered by and receive
the benefits provided for in this chapter. Part-time employees who
work at least 20 hours per week shall be included with prorated benefits.
All language in this chapter that refers to the department head for
various actions will now read "department head or City Manager."
B.
The departments and department heads of the City of
Lowell by position are as follows:
[Amended 6-8-1999; 12-23-2008]
|
Department
|
Department Head
|
|---|---|
|
Office of City Manager
|
City Manager
|
|
Board of Assessors
|
1 Assessor designated by City Manager*
|
|
Auditor
|
City Auditor
|
|
Clerk
|
City Clerk
|
|
Council on Aging
|
Council on Aging Director
|
|
Fire Department
|
Fire Chief
|
|
Health and Human Services Department
|
Health and Human Services Director
|
|
Human Relations
|
Human Relations Manager
|
|
Human Services
|
Human Services Director***
|
|
Inspectional Services Department
|
Inspectional Services Commissioner
|
|
Law Department
|
City Solicitor
|
|
Library
|
Library Director
|
|
Messenger's Department
|
City Messenger
|
|
Management Information Systems
|
Chief Information Officer
|
|
Neighborhood Services Department
|
Assistant City Manager/Operations - Director
of Neighborhood Services
|
|
Department of Parks and Recreation
|
Commissioner of Parks and Recreation
|
|
Division of Planning and Development
|
Assistant City Manager/Director - Division of
Planning and Development**
|
|
Police Department
|
Superintendent of Police
|
|
Department of Public Works
|
Commissioner of Public Works/Assistant City
Manager
|
|
Purchasing
|
Chief Procurement Officer/Purchasing Agent
|
|
Treasurer
|
City Treasurer
|
|
Veterans
|
Veterans Director
|
|
Wastewater Utility
|
Executive Director - Lowell Regional Wastewater
Utility
|
|
Water Utility
|
Executive Director - Lowell Regional Water Utility
|
|
NOTES:
| |
|---|---|
|
*The designation of one Assessor as administrative
department head is different from the position of Chairperson of the
Board of Assessors and not intended to supplant the Chairperson.
| |
|
**The Division of Planning and Development of
the City Manager's Office is treated as a separate department for
budget purposes.
| |
|
***Human Services is a subdivision of the Division
of Planning and Development of the City Manager's Office and is treated
as a separate department for budget purposes.
| |
D.
Employees,
other than department heads, who are not covered by the Civil Services
Laws (MGL c. 31, as amended), and who have received an original appointment,
as a full-time employee of the City of Lowell, shall actually perform
the duties of such position on a full-time basis for a probationary
period of 90 days before they shall be considered permanent employees
of the City of Lowell. During the probationary period, he/she will
(may) be subject to a performance evaluation during his/her first
two months of service and a second evaluation will be conducted at
least one month prior to his/her ninety-day anniversary date of service.
The appointing authority may extend the probationary period for a
period of two months if the second evaluation of the probationary
employee is unsatisfactory. Such evaluation may be utilized by the
appointing authority, but in no instance shall the appointing authority
be required to consider the results of said evaluation in a determination
in granting such employee permanent status. The satisfactory completion
of the required probationary period shall not be construed as an employee
contract, but shall entitle said employee to be terminated thereafter
only for just cause, which shall include abolition of position or
termination for lack of funds. If the conduct or capacity of a person
serving a probationary period or the character or quality of the work
performed by him/her is not satisfactory to the appointing authority,
the appointing authority may at any time prior to the end of such
probationary period give such person a written notice to that effect
stating in detail the particulars wherein his/her conduct or capacity
or the character or quality of work is not satisfactory whereupon
his/her service shall terminate.
[Added 6-20-2023]
A.
Designated as paid holidays; exceptions. The legal
holidays named in this section, or if any such holiday occurs on a
Sunday the day following, on which such holiday is celebrated, shall
be paid holidays with compensation at a regular day's pay rate, payable
to all permanent employees of the City, except as may be otherwise
provided by statute, and to such other classes or groups of employees
as it has been the custom and practice to pay on holidays.
[Amended 6-8-1999]
B.
Enumerated. The legal holidays referred to in this
section shall be:
(1)
January 1, New Year's Day.
(2)
Third Monday in January, Martin Luther King's Birthday.
(3)
Third Monday in February, Washington's Birthday.
(4)
Third Monday in April, Patriots Day.
(5)
Last Monday in May, Memorial Day.
(6)
July 4, Independence Day.
(7)
First Monday in September, Labor Day.
(8)
Second Monday in October, Columbus Day.
(9)
November 11, Veterans Day.
(10)
Thanksgiving Day.
(11)
Christmas Day.
(12)
June
19, Juneteenth.
[Added 11-9-2021]
C.
Employees rendering service on holidays.
(1)
The chief executive officer of the City shall, if any of the various departments of the City are required to function on any of the holidays mentioned in Subsection B or, if such holiday occurs on a Sunday, the day following, cause such department to be properly manned on such day, and he, or the various department heads under him, shall require the services of any or all employees, regardless of where employed or in what capacity, to properly man any such department on such holiday, or the day following if such holiday occurs on a Sunday, and such employee or employees shall be required to render service in employment. Should any employee be required to render service in employment on any such day, such employee shall be allowed holiday pay at his regular rate of compensation and, in addition, for service in employment, as required, such employee shall be paid at the rate of time and 1/2 for all hours worked.
(2)
If service in employment begins on any day and extends into any of the holidays mentioned in Subsection B or, if such holiday occurs on a Sunday the day following, such service in employment shall not be construed to be rendered on such holiday, or the day following if the holiday occurs on a Sunday, unless four hours or more of service are actually rendered on such holiday, or the day following if such holiday occurs on a Sunday. If such service begins on the holiday, such service shall be construed to be rendered on the holiday to allow the payment of the additional day's compensation as provided in this Subsection C.
(3)
If any of the holidays enumerated in Subsection B fall on a Saturday and no day off is scheduled for such holiday, payment shall be made to all employees covered by this Subsection C of one day's pay (1/5 of a week's salary). Employees shall have the option of a day off in lieu of such holiday pay. If the City, per order of the City Manager, closes City departments on the Friday before or the Monday after a Saturday holiday, employees would not be entitled to any additional holiday pay for such day.
[Added 12-13-1994; amended 6-8-1999]
D.
Vacation.
[Amended 12-13-1994; 6-8-1999; 7-27-2004; 12-23-2008]
(1)
All employees, except department heads, who have actually
worked for the City for 30 weeks in the aggregate during the 12 months
preceding June 1 of such year shall be entitled to a vacation based
on years of service as follows:
(2)
Vacation time shall be granted by the department head
at such time as in his/her opinion will cause the least interference
with the performance of the regular work of the department.
(3)
A current year's vacation time entitlement which is
not used before December 31 of said year, with the written permission
of the department head and the City Manager, may be carried over to
the next year. However, no employee shall be allowed to accumulate
more than two years' total vacation entitlement, which shall mean
the current year and all prior years. If, for extenuating circumstances,
approved in writing by the City Manager, an employee has achieved
maximum vacation carryover and has been unable to take the vacation
time, it shall be converted to sick time and may be accumulated as
such.
(4)
Effective July 1, 1999, all department heads shall
be entitled to four weeks' annual vacation, which shall be prorated
for the first year of employment, and five weeks' annual vacation
after 18 or more years of service. All employees shall be entitled
to carry over a full year's unused vacation entitlement into the next
calendar year; however, in no event shall any employee be allowed
to have more than two years' vacation entitlement credit.
(5)
Notwithstanding any provisions of this chapter to the contrary, effective July 1, 2004, all employees, as defined in § 56-2 of this chapter, who have at least 15 years of service shall be entitled to five weeks of paid annual vacation. In addition, the following additional vacation entitlement shall be added based on the employee's years of service:
(6)
Department heads, in recognition of their exempt status, shall be
granted an annual vacation of not less than four weeks without loss
of pay, which shall be prorated for the first year of employment.
Professional staff shall be awarded a vacation allotment to be determined
by the City Manager upon appointment based on an employee's prior
years of service and current job responsibilities. Any adjustments
to such employees' vacation time shall also be determined by the City
Manager. Determination of which positions shall be considered professional
shall be determined by industry standards and degrees held. Final
professional status shall be determined by the City Manager. All vacation
allotments shall be prorated for the first year of employment.
A.
Amount authorized; limit on accumulation; records.
(1)
Except for employees of the School Department, all
permanent employees of the City, all provisional employees of the
City and all temporary employees of the City, upon attaining six months'
service in the aggregate, are hereby allowed leave with pay on account
of illness or injury, whether or not received in the line of duty,
for which they do not receive compensation or other benefits from
the City, for 15 working days per annum. Permanent employees shall
be allowed such 15 days' sick leave as of the date of their appointment.
During the first year of employment, provisional employees shall be
allowed such sick leave at the rate of 1 1/4 days per month from
the date of their appointment, but temporary employees shall be allowed
such sick leave at the rate of 1 1/4 days per month after six
months' service in the aggregate. This sick leave shall be cumulative,
but not in excess of a total of 215 working days. Department heads
shall keep an accurate record of the absences of each employee claiming
sick leave benefits, and such record shall be open to the employee
for inspection at all times. All absences during any payroll period
shall be noted on the payroll records for such period. This section
shall apply to provisional and temporary employees as of April 25,
1972, and service before such date shall be counted in determining
their eligibility.
(2)
The maximum number of accumulated days shall be as set forth in Subsection A(1). Employees whose sick leave accumulation was grandfathered under the preexisting COLMA Collective Bargaining Agreement dated July 7, 1995, shall retain such accumulation as therein determined. Commencing January 1, 2000, if an employee during the previous calendar year has used not more than five sick days and has an accumulation of at least 150 unused sick days, said employee shall have the option of selling back to the City five unused sick days for which he/she shall be paid during the month of March.
[Added 6-8-1999]
(3)
Sick leave shall be cumulative and there shall be no limit on the number of sick leave days that an employee may accumulate, subject to the buyout limitation of $20,000 as set forth in Subsection E of this section.
[Added 7-27-2004]
(4)
Commencing on and retroactive to January 1, 2004,
if an employee during the previous calendar year has not used more
than five sick days and has an accumulation of at least 75 unused
sick days, said employee shall have the option of selling back to
the City five unused sick days for which he/she shall be paid during
the month of January.
[Added 7-27-2004]
(5)
All employees governed by this ordinance, except grant employees,
shall receive 12 days of sick leave upon appointment and every year
thereafter on January 1. Grant employees shall, during the first year
of employment, be allowed such sick leave at a rate of one day per
month from the date of their appointment, after an initial ninety-day
waiting period. Sick leave shall be cumulative, but in no event shall
it exceed 300 days. Employees who have in excess of 300 days shall
be capped at their current amount.
[Added 3-31-2015]
B.
When authorized. Sick leave shall be deemed to include
necessary absence on account of illness or injury of the employee,
or his exposure to a contagious disease, the serious illness or marriage
of a member of his immediate family, or other emergencies which, in
the opinion of the department head, justify the absence of the employee.
Immediate family of the employee includes his/her spouse, mother,
father, brother, sister, child, mother-in-law, father-in-law, and
grandparents.
[Amended 7-27-2004]
C.
Doctor's certificate. Department heads may, whenever
they see fit, require from any employee claiming sick leave benefits
a doctor's certificate sustaining the claim or may call upon the City
Physician to make an investigation and report.
D.
Investigations following certain lengths of absence.
In cases where employees are absent because of sickness or injury
for more than three days, they shall be visited by the department
head or someone assigned by him for that purpose, and after absence
of more than six consecutive days they shall be visited by the City
Physician or any other physician designated by the department head,
who shall report the conditions found by him to the department head.
E.
Compensation for unused accumulated leave.
[Amended 6-8-1999]
(1)
Upon
an employee's retirement, death or involuntary termination of employment
(other than for just cause) or involuntary separation from service
due to layoff, abolition of position, or termination of a department
head's employment, the employee or, in the case of his/her death,
his/her spouse, designated beneficiary, next of kin or estate, in
that order unless the employee has determined some other order, shall
be paid for unused accumulated sick leave on a forty-percent ratio,
i.e., four days regular basic weekly salary (without shift differential,
etc.) for each 10 days authorized accumulated sick leave. The buyback
shall be based on one day equals 1/5 of a week's salary. The maximum
buyback shall not exceed $20,000. Payments made hereunder covering
a deceased employee shall be made in accordance with MGL c. 41, § 111I.
[Amended 12-4-2018]
(2)
Employees may also utilize the "Early Buyback Sick Leave" Program,
under which employees must first freeze their sick leave dollar amounts
as of January 1 of the year of their freeze. The decision of when
to freeze shall remain discretionary with the employee. Pursuant to
the freeze, members shall be eligible to buy back 10 days, in addition
to the current five-day buyback allowance. The five-day buyback allowance
will continue to be available and will not be charged against their
freeze. To be eligible for either program, a member must have 75 sick
days at the time of each buyback option. The buyback of 10 additional
days will be capped at $20,000. Once the cap is reached, the member
will no longer be entitled to the additional ten-day buyback, nor
will the member be entitled to any further sick leave buyback upon
retirement or death. This provision shall not prevent the member from
continuing to accumulate sick leave.
[Added 3-31-2015]
(3)
New employees as of the date of the enactment of this ordinance shall
no longer be eligible for a buyback of a percentage of their accumulated
sick leave. Moreover, new employees shall no longer be eligible for
a yearly buyback of five sick leave days per year.
[Added 3-31-2015]
F.
Determination of eligibility upon injury. In the case
of any injury to an employee arising out of the employment or work
of the employee which is specifically covered by the Workers' Compensation
Law or other compensatory statutes in operation in the City, the department
head shall, before approving payment, obtain an opinion from the City
Solicitor as to whether or not such employee is entitled to the benefits
of this section. Such ruling shall be final and binding upon the employee.
G.
Calling in reports of illness.
(1)
Any employee who claims sick leave shall report by
telephone, or arrange to have somebody in his behalf report by telephone
or messenger, to the department head, informing him of his condition
within one hour of the usual hour when work begins in his department.
Failure to do this shall preclude any financial benefits under this
section. Department heads shall keep a record of such calls on the
employee's sick leave sheet.
(2)
In the case of the Police Department such report of illness shall in no event be later than one hour before the employee's assigned time of reporting for duty. However, in the case of an emergency which precludes the employee of the Police Department from reporting as required in this Subsection G, the employee shall report or have reported by a responsible person within a reasonable time of such emergency to the department head or his representative. Eligibility for sick leave for a reported emergency situation shall be by decision of the Superintendent of Police, which shall be binding. All employees of the Police Department shall report in person or by telephone or arrange to have reported by a responsible person that he is returning to work, to the detail office or main office, not later than two hours prior to the employee's scheduled starting time of duty.
H.
Fraudulent reports of illness. Any employee who fraudulently
reports illness or injury in order to secure the benefit of sick leave
with pay shall be penalized by losing all rights to sick leave for
a period of one year from that date, plus whatever accrued sick leave
may at that time be held to his credit.
I.
Sickness or injury due to use of drugs or alcohol.
Sickness or accidents as a result of the use of alcohol or drugs shall
not be considered a proper claim for sick leave with pay.
J.
Leave upon death of immediate family member. In the case of the death of a member of the immediate family of an employee, as that term is defined in Subsection B of this section, three days' leave with pay shall be granted to such employee and shall not be charged against his sick leave or vacation benefits. These three days shall not in any case extend beyond the day of the funeral, except where the funeral is conducted out of the City, in which case the department head is authorized to grant reasonable additional time. In the case of the death of a brother or sister of an employee's husband or wife, one day's leave of absence with pay shall be allowed if requested but it shall be charged against his sick leave benefits. The leave of absence referred to in this subsection shall not apply if such death or funeral occurs while the employee is receiving workers' compensation under the statutes applicable to the City.
K.
Refusal to submit to doctor's examination. Employees
who refuse to submit to a doctor's examination for the purpose of
determining a claim of sick leave or bodily injury shall not be entitled
to sick leave.
L.
Women traffic supervisors. Women traffic supervisors
are hereby allowed leave with pay on account of illness or injury,
whether or not received in the line of duty, for which they do not
receive compensation or other benefits from the City, for five working
days per annum. This sick leave shall be cumulative. The department
head shall keep an accurate record of the absences of each employee
claiming sick leave benefits, and such record shall be open to the
employee for inspection at all times. All absences during any payroll
period shall be noted on the payroll records for such period.
[Added 6-8-1999; amended 3-31-2015]
All employees shall be granted three days of personal leave
each year, which shall accrue as of the date of appointment and each
subsequent January 1. Employees shall give reasonable advance notification
of his or her intent to use such personal leave to the employee's
supervisor or the head of the employee's department or the City Manager
for department heads. Employees shall be granted, in addition, a personal
day, to be used on the day after Thanksgiving.
A.
Salary.
[Amended 12-13-1994]
(1)
Effective July 1, 1995, the basic weekly compensation of employees in the positions listed in § 56-4 shall be governed by the grid system established by the City Manager and approved by the City Council. The grid system shall be upgraded annually for cost of living increases, as determined by the City Council. Movement within the grid shall be determined by the City Manager during the annual review of the budget and approved by the City Council during annual budget hearings.
(2)
Notwithstanding the provisions of Subsection A, a tier salary system is hereby established covering the department head positions and other hereinafter-named positions which are excluded from collective bargaining for various reasons. The tier salary system schedule is attached hereto and marked "A."[1]
[Amended 6-8-1999]
(a)
The tier salary system is set up under the following
guidelines:
[1]
The difference between steps for each tier is
2.75%.
[2]
The difference between tiers is 18%.
[3]
Advanced movement on the step and/or tier shall
be based on annual evaluation by the City Manager, except for the
positions of City Auditor and City Clerk, who, as appointees of the
City Council, are evaluated by that body.
[4]
Evaluation shall be completed by December 1
and any warranted advancement effective January 1 next following beginning
January 1, 2000.
[5]
The City Manager shall hereby have the flexibility to advance an
employee to any grade and/or step or tier above the current employee's
grade and/or step, upon written justification from the employee's
direct supervisor and determination, based on an examination of the
current job market, that such movement is justified in her/her opinion.
Any such movement must be deemed affordable within the current year's
budget by the Chief Financial Officer or his/her designee. Such flexibility
shall not be construed to allow for the movement downward on the salary
grid or tier.
[Added 6-20-2023]
(b)
The positions of City Manager and Superintendent of
Police, for which salaries are otherwise specifically provided by
separate ordinance or by statute (MGL c. 48, § 57G), are
not covered in the salary schedule. The salary schedule for the positions
covered hereunder shall commence July 1, 1999, and is attached hereto
and marked "B."[2]
[2]
Editor's Note: The current salary schedule
is on file at the office of the City Clerk and the Human Relations
Department.
[1]
Editor's Note: The current salary schedule
is on file at the office of the City Clerk and the Human Relations
Department.
(3)
Notwithstanding the provisions of MGL c. 48, § 57G,
which provides that the rate of pay of the Fire Chief shall be not
less than a ratio of 2.0 higher than the rate of pay for the highest
annual compensation of a permanent full-time fire fighter, effective
July 1, 1999, and thereafter the annual rate of pay for the Fire Chief
shall be at a ratio of 2.2 higher than the rate of pay for the highest
annual compensation of a permanent full-time fire fighter in the City
of Lowell.
[Added 6-8-1999]
B.
Longevity.
(1)
Employees with continuous service with the City who
have earned longevity under previous ordinances shall continue level
payment until the employee is no longer employed by the City. All
new employees shall not have the option of earning this benefit.
[Amended 12-13-1994]
(2)
Payment of the per-annum amount shall be made on the
individual employee's service anniversary date first occurring on
or after July 1, 1979, and on his anniversary date each year thereafter.
(3)
Continuous service as an employee of the City shall, except as hereinafter modified, mean only uninterrupted permanent service as an employee for the City. However, employees with 10 years or more uninterrupted permanent service as an employee of the City shall, after such 10 years, be eligible to count prior broken permanent service with any other department of the City as continuous permanent service as an employee of the City for the purposes of this Subsection B. Such other prior broken permanent service with the City shall, after 10 years, be computed as continued permanent service as an employee of the City for purposes of longevity payments.
(4)
Longevity pay shall not be considered part of the
base salary for purposes of computing vacation pay, sick leave, overtime,
etc. However, such shall be considered for purposes of computing retirement
benefits and deductions therefor.
C.
Severance pay.
[Added 1-9-1990]
(1)
For employees whose services are terminated without
fault of their own, and whose termination is otherwise than by death
or retirement, the City of Lowell, acting through its City Manager,
by written agreement with said employees and with a vote of approval
of the City Council, may provide to said employees upon termination
severance benefits which may include severance pay (but not more than
an amount equal to six months of said employees' current salary),
vacation benefits (but not more than accrued entitlement of said employees),
sick leave benefits (but not more than the total unused accrued sick
leave of said employees), longevity (but not more than said employees'
entitlement), and any other accrued entitlement benefits of said employees.
(2)
Notwithstanding the provisions of Subsection C(1), department heads shall receive severance pay based on the following entitlement schedule, if removed, terminated, discharged, dismissed, or not reappointed, unless such is for just cause, or voluntary resignation:
[Added 6-8-1999]
(a)
No severance pay entitlement for the first year of
employment as a department head, or if terminated for just cause,
or for voluntary resignation.
(b)
Severance pay shall be one week's severance pay for
one year's service as a department head. Maximum severance pay shall
not exceed 10 years regardless of number of years of service.
(c)
Severance pay would commence after two weeks' notice
of termination expires.
(d)
The per diem value of each severance day's pay shall
be 1/5 of the department head's regular basic weekly salary.
D.
Educational incentive. Employees shall be reimbursed
for registration fees, tuition, books and related educational material,
provided that the course is related to the employee's existing duties
with the City and is approved in advance, in writing, by the City
Manager.
[Added 6-8-1999]
E.
Health insurance. Department heads, like other City
employees, shall be eligible but not mandated to participate in either
the City's group health indemnity insurance plan or the City's health
maintenance organization (HMO) plan. The City reserves the right to
offer to department heads and other employees optional group health
insurance plans, including HMO's, preferred provider organization,
or other managed care plan in conjunction with the current group insurance
plan presently available to City of Lowell employees.
[Added 6-8-1999]
F.
Health examination/evaluation.
[Added 6-8-1999]
(1)
The employer may require, at its expense, a physical
examination by the City Physician or other doctor of the City's choice
or an evaluation by a qualified mental health professional.
(2)
The employee agrees to submit to such an examination/evaluation
if the employer gives the employee 48 hours' notice prior thereto.
If a second opinion is requested, the employer agrees to arrange for
and pay for such an evaluation. The second provider will be mutually
agreed upon.
G.
Payroll provision. In the event that the City converts
to a biweekly payroll system, employees governed by this chapter agree
to such conversion.
[Added 6-8-1999]
H.
Indemnification.
[Added 12-4-2018]
(1)
The City shall indemnify and save harmless members of the City Council,
the Mayor, City Manager, department heads and all its employees, from
personal financial loss and expenses, including legal fees, costs,
and other related expenses or reasonable charges, if any, in an amount
not to exceed $1,000,000 arising out of any claim, action, award,
compromise, settlement or judgment by reason of an intentional tort
or by reason of any act or omission which constitutes a violation
of the civil rights of any person under federal or state law if such
aforementioned official or employee at the time of such intentional
tort or act or omission was acting within the scope of his or her
official duties of employment; provided, however, that such aforementioned
official or employee shall provide reasonable cooperation to the City
in the negotiation, investigation and defense of any claim or action
brought as a result of such intentional tort or act or omission. No
such aforementioned official or employee shall be indemnified under
this section for violation of any civil rights if he acted intentionally
or in a grossly negligent, willful or malicious manner.
(2)
The defense and/or settlement of any such claim shall be undertaken
or negotiated by the City Solicitor, the City Solicitor's agent or
designee. However, if the City Solicitor determines that a conflict
of interest has arisen or is likely to arise by the mutual defense
of the City and the officer(s) or employee(s) in question, the officer(s)
or employee(s) shall not be defended by the City Solicitor, the City
Solicitor's agent or designee, but shall seek outside counsel for
such defense. The expense incurred by the official or employee for
outside counsel shall be borne by the City unless the Mayor and/or
City Council shall deem such legal fees to be unreasonable, in which
event such legal fees shall be subject to the fee arbitration procedure
of the Massachusetts Bar Association.
(3)
Nothing in this section shall be deemed to limit the effect of any
indemnification statute applicable to the City at the time of any
such intentional tort or act or omission. This section shall apply
to any settlement or judgement made in compliance with this section
on or after the date this section is approved.
