Town of Adams, MA
Berkshire County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Selectmen of the Town of Adams 4-21-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Administration — See Ch. 4.
Officers and employees — See Ch. 70.
Personnel — See Ch. 80.
Police Department — See Ch. 86.
A. 
Authority. These regulations are promulgated in accordance with the authority granted by Chapter 80, Personnel, of the Code of the Town of Adams, as amended.
B. 
Purpose. The purpose of these regulations is to establish in writing the Town's policies and procedures governing employment with the Town to ensure their consistent application to all employees and facilitate uniform and efficient administration of said policies and procedures.
C. 
Application. These regulations do not apply, unless otherwise noted, to elected officials or any other employees who may be specifically exempt by law. Employees covered by union contract are subject only to those provisions which are not specifically regulated by union contract. Nothing in these regulations shall be construed to limit any rights of employees pursuant to MGL c. 150E.
D. 
Administration. These regulations shall be administered by the Town Administrator. The Administrator shall be responsible for ensuring that Adams is an equal opportunity employer.
E. 
Equal employment opportunity statement. The Town of Adams shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, mental or physical handicap, national origin, ancestry or sexual orientation.
[Added 7-6-1994]
F. 
Rules of interpretation.
(1) 
These regulations are intended to be in accordance with all applicable state and federal laws. In the event of any conflict, the applicable state and federal laws shall apply.
(2) 
The word “he” or “his” shall also mean “she” or “hers.”
(3) 
The word “Town” shall mean the Town of Adams.
(4) 
“Employee” shall mean an employee of the Town of Adams.
(5) 
“Town Administrator” shall mean the Town Administrator of Adams or his designee.
G. 
Amendment. Amendment of these regulations shall be in accordance with § 80-8 of Chapter 80 of the Code of the Town of Adams. The Town Administrator shall develop and make deletions, amendments or changes to these regulations, subject to the majority approval of the Board of Selectmen. Employees shall be notified in writing seven days prior to any change taking effect.
H. 
Definitions. As used in these rules and regulations, the following terms shall have the meanings indicated:
BREAK IN EMPLOYMENT
Occurs in the following instances:
(1) 
If an employee shall terminate employment with the Town of his own accord;
(2) 
If an employee shall be discharged;
(3) 
If an employee shall be absent in excess of five consecutive working days without obtaining approval for such absence;
(4) 
If, after a layoff of less than two years, an employee shall not return to work within 10 days after receipt of notice from the Town that he will be rehired; or
(5) 
If an employee shall be absent due to a layoff of more than two years.
CONTINUOUS SERVICE
Employment by the Town without a break in employment.
EMERGENCY EMPLOYEE
A noncompetitive appointment to a position for a period of time, as determined with biweekly reviews, to prevent stoppage of public business or hazard or serious inconvenience to the public.
PART-TIME EMPLOYEE
An employee that works on an irregular basis determined by the work load in the department throughout the year.
PERMANENT FULL-TIME EMPLOYEE
An employee having established hours of work consisting of a minimum of 35 hours per week for 52 weeks per year.
PERMANENT PART-TIME EMPLOYEE
An employee having established hours of work consisting of less than 35 hours per week for 52 weeks per year.
SENIORITY
The length of continuous service of an employee in Town employment.
TEMPORARY/SEASONAL EMPLOYEE
An employee that is appointed for a fixed period of time, not to exceed eight months, to replace employees who might be absent for extended periods or conditions caused by increased work load.
Coverage: All employees.
A. 
General policy. The Town will make every effort to attract and hire the most qualified persons, consistent with the Town's affirmative action goals. Every individual, regardless of race, color, religion, sex, age, mental or physical handicap, national origin, ancestry or sexual orientation, applying for employment with the Town will receive equal treatment. Individuals shall be recruited from a geographic area as wide as necessary to assure obtaining well-qualified candidates for various types of positions. The recruitment, selection and promotion of employees will be based solely on job-related criteria as established by the Town Administrator with the recommendation of the department head or elected official in accordance with § 200-7 of these regulations.
B. 
Responsibility. The Town Administrator shall be responsible for the recruitment and selection of all positions in the Town (except as noted above). The qualifications, classification and salary range for open positions shall be established by the Town Administrator with the recommendation of the department head or elected official in accordance with there rules and regulations.
C. 
Posting.
(1) 
Internal. All vacancies will be posted internally for a minimum of seven days before any external recruiting, to allow qualified employees an opportunity to submit an employment application. Notice of any vacancies shall be posted in the Town Hall, Police Station, Adams Free Library, Highway Garage, Wastewater Treatment Plant, Adams Community Center, and any other place required by the provisions of Massachusetts General Laws. Each job posting will include the job title, a brief job description, minimum qualifications, salary range, means for obtaining an employment application form, and due date and place for applications. The Administrator shall approve content of all job postings. Town employees, when fully qualified for a position, shall receive first consideration with respect to filling any vacancies over all other applicants (to the extent that this is possible in accordance with the Town's affirmative action goals).
(2) 
External. External recruitment may include but not be limited to notice of vacancies to job banks and community organizations and associations, advertisement in newspapers, professional journals and newsletters, and other appropriate means in accordance with the Town's affirmative action goals. The level of external recruitment will be determined by the Town Administrator.
D. 
Applications. All candidates applying for employment in the Town must complete an official employment application form and return it to the designated place prior to the end of the working day of the closing date specified for a position in the announcement. Each applicant shall sign the form, and truth of all statements shall be certified by the applicant's signature. All candidates who accurately and honestly complete the application form will be reviewed fairly and equally for the position by the designated authority.
E. 
References. Applicants' former supervisors, employers, and other references may be contacted as part of the selection process. References and other checks shall be documented and made part of the applicant's file and shall be completed prior to an offer of employment.
F. 
Examinations. Examinations may be required as one part of the selection process. Examinations may be written, oral, practical, physical or any combination of all four and shall be relevant to the requirements of the position and reflective of the essential functions of the position.
G. 
Maintenance of records.
(1) 
All employment applications and related documents, including the results of reference checks and examinations, shall be maintained by the Town Administrator for the period of time required by law. The Town acknowledges its legal and moral obligation to protect the privacy of all employees and applicants by exercising all due consideration with respect to personnel records and applications and will to the extent possible maintain the confidentiality of applicants.
(2) 
All findings from a medical examination are to be treated as confidential and maintained on separate forms. Only supervisors, managers, first aid safety personnel, local legal counsel, and government compliance investigators may have access to this information.
Coverage: All employees.
A. 
Appointing authority.
(1) 
The Town Administrator will make final approval regarding employment, starting salary, employment transfer, promotion or demotion (subject to § 10 of the Act Establishing a Selectmen-Administrator Form of Government in the Town of Adams and other exceptions as noted) of any individual, with the recommendations of the department head, policies of the Town and applicable state and federal laws.
(2) 
The Town Administrator will notify the department head and the individual to be employed, promoted, transferred or demoted of the starting date, time and place and starting salary.
(3) 
All vacancies shall be filled by permanent appointment, temporary appointment, promotion, transfer or demotion as defined.
(4) 
The Chairman of the Board of Selectmen is assigned the obligation of appointing a legislative subcommittee with the following charge:
(a) 
To work closely with the Town Administrator to review pending legislation for its effect on the Town;
(b) 
To make recommendations to the Board of Selectmen regarding official positions on same; and
(c) 
To take a proactive role in voicing the Town's position, in favor or opposition, directly to our state and federal representatives.
B. 
Medical examinations. Every individual selected for employment with the Town shall, after being notified by the Town Administrator and prior to the starting date, undergo a physical exam as a condition of employment. The examination shall be at the expense of the Town by a physician appointed by the Town Administrator. The examining physician shall advise as to whether or not, in his opinion, the applicant is physically qualified to perform the essential functions of the position for which application has been made. Upon failure to undergo a physical exam or upon the written recommendation of the physician that the applicant is not able to perform the essential functions of the position, the Town Administrator may withdraw the employment offer. Seasonal employees must have a physical every three years.
C. 
Failure to report to work. An applicant who accepts an appointment and fails to report to work within three days after the date set by the Town Administrator shall be deemed to have declined the appointment and the offer of employment shall be withdrawn.
D. 
Conflicts of interest involving approval/appointment. The Charter and Chapter 80, Personnel, of the Town Code clearly provide that the responsibility for hiring, promotion, demotion, and dismissal of employees is the Town Administrator's and that those actions are subject to other approval of the Board of Selectmen. This chapter adequately describes the process that the Administrator is to follow in carrying out those functions.
(1) 
It is noted that the existing policy requires that the Administrator recruit from an area wide enough to assure well-qualified candidates. It is understood to mean beyond the borders of Adams and further indicates that selection will be based solely on job-related criteria.
(2) 
The provisions of MGL c. 268A adequately address the issue of nepotism. Those persons directly responsible for appointments are prohibited under law from:
(a) 
Hiring an immediate family member (IFM) as defined above.
(b) 
Any involvement in the hiring process of an IFM.
(c) 
Any involvement in the reappointment, promotion, reclassification, demotion or firing of a family member.
(d) 
Determining an IFM's salary, including “automatic” increases such as annual step increases.
(e) 
Conducting a job performance review of an IFM.
(f) 
Day-to-day supervision of an IFM.
(g) 
Delegating the task of dealing with an IFM to a subordinate.
(3) 
The Town Administrator and the Board of Selectmen are subject to these limitations for all appointments they make. The issue most often encountered is the appointment of a relative of Selectmen by the Town Administrator. This does not appear to create a problem under the statue because the Selectmen are not involved in the selection process. The Town Administrator will not discuss the applicants for a position with Board members prior to their appointment so as to avoid potential conflicts, except that the Administrator may contact them as a reference if they are listed on the employment application. When the Selectmen are presented with an appointee for ratification or when the appointment is made directly by the Board, members may abstain to avoid conflict.
(4) 
If a candidate is a relative of a department head, the department head does not participate in the process.
Coverage: All employees.
A. 
General policy. It is the policy of the Town to ensure that all employees are adequately informed of the rights and responsibilities of the Town and the employee as they relate to employment with the Town.
B. 
Orientation procedure.
(1) 
Every individual selected for employment will be notified of the starting date and time and shall report to the Town Administrator's office. If the employee has been hired under the provisions of a collective bargaining agreement, a copy of the agreement shall be give to the employee.
(2) 
The Town Administrator shall thoroughly explain all of the benefits and options the employee is entitled to and shall assist the employee with the appropriate forms pertaining to income tax deduction, life insurance, group health insurance, retirement and others as applicable. The Town Administrator shall also explain these rules and regulations as they affect the employee.
(3) 
The department head will be responsible for on-site training and orientation regarding specific rules, regulations, policies and procedures of the employee's assigned department, including the safety policies and procedures.
Coverage: All employees.
A. 
General policy. All newly appointed or promoted employees shall be required to complete successfully a probationary period to begin immediately upon the employee's starting date and to continue for six months and to be extended by the number of days the employee is absent from work. The Town Administrator and department head shall utilize the probationary period to help all new or promoted employees to achieve effective performance standards. They shall also use the probationary period to observe and evaluate the employee's attitude, conduct and work habits and to reject any employee whose performance does not meet the required work standards or who is not able to perform the essential functions of the position. When the employee's probationary period expires, the respective department head will notify the Town Administrator in writing that:
(1) 
The employee's performance was satisfactory and the individual will be retained in the position as a permanent employee;
(2) 
An extension of the probationary period is desired, not to exceed three months, for additional observation due to specific extenuating circumstances; or
(3) 
The employee's performance, ability to perform the essential functions of the position, attitude or conduct was unsatisfactory, stating the specific reason why, and removal is proposed as of a specific date upon the approval of the Town Administrator.
B. 
Removal during probationary period. An employee may be removed during the probationary period by the department head with the approval of the Town Administrator.
Coverage: All employees.
A. 
Purpose. The purpose of this section is to provide a uniform and objective system for classifying all positions in the Town and to establish proper relationships between positions based on difficulty of duties performed, level of responsibilities assumed and minimum qualifications required so that the same schedule of compensation may be equitably applied to each class, thus ensuring equal pay for equal work.
B. 
Content of the plan. The Classification Plan shall consist of:
(1) 
Position descriptions for positions which are basically similar in essential functions of the position, degree of difficulty and levels of responsibility so that each position in the class can be given the same job title; requires essentially the same training and experience; can be filled by substantially the same methods of selection; and is of relative value and therefore deserves the same range of compensation.
(a) 
Each position shall have a written description consisting of a statement describing the essential functions of the position, examples of typical duties, the required minimum knowledge, skills, training, abilities, and experience and any necessary special qualifications.
(b) 
Position descriptions are intended to be representative of the positions in the class and provide illustrations of the type of work performed/essential functions of the position and do not necessarily include all the duties performed. Particular phrases or examples of typical duties are not to be singled out and used solely for determining the job class.
(c) 
Position descriptions are not intended to be restrictive. The use of (or absence of) a particular illustration of duties shall not be held to exclude or limit the authority of a department head to assign other duties to employees in any class.
(d) 
Qualification statements in each position description establish desirable minimum requirements to perform the essential functions of the position that should be met by an individual before being considered for appointment, transfer, or promotion to a position in the class. Alternative combinations of education, training and experience are generally indicated in the positions descriptions but do not preclude other combinations deemed equivalent by the Town Administrator.
(2) 
Position titles. The title of each class of position shall be the official title of every position allocated to the class and shall be used for administrative purposes, such as payroll, budget, financial and personnel forms and records. No person shall be appointed or promoted to any position in the Town under a title not included in the Classification Plan.
C. 
Administration of Classification Plan.
(1) 
The Town Administrator shall have the primary responsibility for the administration and day-to-day maintenance of the Classification Plan and is authorized to:
(a) 
Complete studies of proposed new positions and make allocations to existing classes, reestablish a former class, establish a new class of positions, or delete a class of positions;
(b) 
Provide for studies of existing positions when there has been a substantial change in the duties and responsibilities which justify consideration of possible reclassification;
(c) 
Conduct periodic studies and request such assistance as may be needed to assure the Classification Plan remains uniform and current;
(d) 
Require the submission of position questionnaires or any other related information when considered necessary for the proper maintenance of the plan;
(e) 
Develop forms and procedures to determine the proper classification of each position; and
(f) 
Make routine revisions to class description content, such as additions and deletions of illustrative tasks, qualification requirements and other such changes; provided, however, that changes in compensation grades shall not be accomplished under this subsection.
(2) 
The Town Administrator shall have custody of and maintain the master set of all approved position descriptions and their authorized compensation grades, which shall contain the date adopted, revised or amended.
(3) 
The Town Administrator shall also maintain and administer a record of those positions which are authorized to be filled.
(4) 
All employees will be given a copy of their appropriate position description and will be furnished new ones if their positions are reallocated. Copies of class specifications for all Town positions are maintained in the Town Administrator's office and may be reviewed by any employee.
D. 
Classification of new positions. Department heads proposing to establish new positions shall first provide the Town Administrator with a description of duties, skills, knowledge, abilities and other work performance requirements in sufficient detail, and in such form and manner as may be prescribed, which may be necessary to properly classify the position.
(1) 
Department heads shall promptly notify the Town Administrator of the need for new positions and allow sufficient time for the required classification study.
(2) 
Upon completion of the classification study, the Town Administrator shall allocate the position(s) to an existing class or, if a suitable class does not exist, shall establish a new class in the Classification Plan.
(3) 
There shall be no action to fill any new position in the Town until it has been approved and budgeted for by the Town Administrator.
E. 
Allocation of new positions to pay plan. The Town Administrator, with the recommendation of department heads, shall assign all newly established positions to the appropriate job class and compensation grade on the Compensation Plan, with regard to the internal relationship these classes have to one another in accordance with that plan.
F. 
Allocation reviews. Any employee or department head having facts which would indicate a position has been allocated to an improper class may request a review of the allocation by the Town Administrator. The decision of the Town Administrator in the allocation of positions to the various classes shall be final.
G. 
Reclassification of positions. Positions may not be reclassified without position review conducted by the Town Administrator in conjunction with the department head.
(1) 
Established positions may be reclassified from one class to a different class when:
(a) 
There have been significant changes in the actual duties and responsibilities through a natural redistribution of the work load;
(b) 
The changes in duties and responsibilities are of a permanent nature; or
(c) 
The reclassification is based upon new or added elements in the job and not on the performance of the individual.
(2) 
Reclassifications shall not be effected when:
(a) 
The added duties and responsibilities are minor in nature and would be a logical function of the class;
(b) 
The added duties and responsibilities are to be performed for a period of six months or less;
(c) 
The only change involved is an increase in the employee's work load; or
(d) 
The primary purpose is to raise the employee's salary.
(3) 
Reclassifications shall only be accomplished after review by the Town Administrator and department head.
(4) 
An employee whose position is reclassified to a higher-level position may be promoted into the position provided that the employee meets the minimum qualifications of the position.
(5) 
Reclassification of a position shall not be subject to the grievance procedure.
H. 
Classification Plan.
[Amended 9-20-1995; 11-24-1998]
Hourly Rate Personnel - Nonexempt FLSA
Grade
Animal Control Officer
4
Administrative/Financial Assistant I
5
Administrative/Financial Assistant II
6
Administrative Assistant III
7
Assistant Building Inspector
11
Dispatcher
5
Library Aide
2
Library Cataloger
4
Reserve Patrolman
7
Social Day Care Assistant
5
Social Day Care Director
6
Van Driver - Council on Aging
5
Salaried Rate Personnel - Nonexempt FLSA
Grade
Assistant Library Director
7
Children's Librarian
5
Custodian
4
Rehab Program Manager
9
Rehab Specialist
7
Social Day Care Assistant
5
Social Day Care Director
6
Salaried Rate Personnel - Exempt FLSA
Grade
Director, Community Development
14
Director, Council on Aging
8
Director, Library
10
Director, Public Works
14
Director, Veteran Services
7
Grants Manager
10
Police Chief
15
Town Accountant
12
Town Administrator
16
Town Planner
10
Superintendent, Highway Division
10
Superintendent, Parks and Grounds Division
10
Superintendent, Wastewater Treatment Plant
10
Unclassified -- Compensation as set by Town Meeting
Board of Health Inspector
Forest Warden
Inspector of Gas Piping and Appliances
Inspector of Plumbing
Inspector of Wires
Registrar of Voters - Chairman
Registrar of Voters - Member
Registrar of Voters - Clerk
Sealer of Weights and Measures
Town Counsel
Election Workers
Laborer - DPW - Seasonal
Coverage: All employees.
A. 
Establishment of Compensation Plan. The Town Administrator shall annually establish a Compensation Plan for the existing Classification Plan. The Compensation Plan shall be directly related to the Classification Plan with appropriate consideration being given to:
(1) 
The relative difficulties and responsibilities existing between various classes of work;
(2) 
Compensation rates for comparable types of work found in public and, if appropriate, private industry;
(3) 
Availability of qualified candidates for recruitment to the Town;
(4) 
Prevailing economic conditions is the labor market;
(5) 
Fiscal policies of the Town; and
(6) 
Ratified labor agreements.
B. 
Content of the Compensation Plan. The Compensation Plan shall consist of:
(1) 
The compensation grades, a vertical grouping of position classes for compensation purposes, based not only on responsibility and difficulty but on the relative worth of the work as determined by consideration of all the factors bearing upon the proper payment and compensation for such services; and
(2) 
The compensation range, from the lowest to the highest rate of compensation for each grade.
C. 
Administration of Compensation Plan.
(1) 
All employees shall be employed and paid in accordance with the rates established in the Compensation Plan for the position classification to which the appointment is made.
(2) 
The Town Administrator shall have the responsibility for day-to-day administration of the Compensation Plan, including approval of all hiring rates, merit increases, adjustments, and other payroll changes in accordance with the provisions of these rules.
D. 
New appointment starting rates. New appointments to positions shall normally be paid at the minimum or entry rate of the compensation grade established for the position class. The Town Administrator may, however, compensate new appointments at a higher rate on the basis of exceptional qualifications of the appointee or a lack of qualified applicants available at the minimum rate.
E. 
Merit increases.
(1) 
Within 30 days of implementation of these regulations, the Board of Selectmen may appoint a committee to investigate an employee performance review system.
(2) 
Progression of an employee along pay increments, or steps, within the compensation range shall be based on the following:
(a) 
Upon satisfactory completion of each year of service, a permanent employee is eligible for the next higher step in the applicable grade;
(b) 
All permanent employees shall be eligible for a merit increase on the first day of the quarter following their anniversary date (i.e., January 1, April 1, July 1 or October 1);
(c) 
A merit increase shall not cause an employee to be paid more than the maximum rate of compensation for the range established for the class; and
(d) 
A department head may certify, in writing, to the Town Administrator, that the employee's service does not merit such an increase. An employee who does not receive an increase because of unsatisfactory service may subsequently receive such increase upon recommendation by the department head to the Town Administrator. The recommended increase shall not take effect until the first day of the quarter following the recommendation and shall become the employee's new anniversary date for merit increases.
F. 
Pay upon classification. When the grade of an existing class of positions is changed, the rate of compensation of all employees in the affected class shall be adjusted in the following manner:
(1) 
Employees whose grade has been reclassified upward shall be adjusted into the new minimum or, if the current rate of compensation is above the new minimum, to the rate in the new range that most closely corresponds to the current rate but no lower;
(2) 
An upward grade adjustment shall not place an employee's salary above the maximum rate of pay established for the job class;
(3) 
When the grade of a job class has been adjusted downward, the employee shall continue to receive his current rate of compensation until such time that the maximum rate of compensation meets or exceeds the current rate of compensation;
(4) 
Should the effective date of a grade adjustment coincide with the date an employee has been approved for a merit increase, the employee will first be adjusted into the new grade followed by the awarding of the merit increase; and
(5) 
In those instances where the total Compensation Plan has been revised, implementation and adjustments will be made as determined by the Town Administrator.
G. 
Special pay adjustments. Should unusual conditions arise which would justify an increase not provided for elsewhere under these rules, the Town Administrator is authorized to provide a special increase for an employee within the Compensation Plan. Any such adjustment shall not exceed the maximum compensation rate established for the job classification and must be justified by written statement.
H. 
Across-the-board adjustments. Subject to appropriation, the Town Administrator may, from time to time, declare an across-the-board adjustment. Such adjustment, when approved by the Board of Selectmen and the Town Meeting, shall be applied automatically to all employees.
(1) 
Should the effective date of an across-the-board adjustment coincide with the date an employee has been approved for a step increase, the employee will first be granted the across-the-board adjustment followed by the awarding of the merit increase.
(2) 
Across-the-board adjustments shall not affect the employee's normal merit increases.
I. 
Pay upon demotion. If an employee is demoted to a lower job classification he may not be paid more than the maximum rate of the lower class.
J. 
Pay upon promotion.
(1) 
An employee who receives a promotion shall have his rate of compensation increased at least to the minimum rate of the class to which the promotion is made.
(2) 
If the employee's rate of compensation before promotion is at or above the minimum rate of the higher class, the employee shall be granted an increase rounded up to the nearest step, provided that the increase does not exceed the maximum rate for the class to which the promotion is made.
K. 
Pay upon transfer. Any employee who is laterally transferred shall remain in the same grade and step and shall not be eligible for a increase upon such transfer.
L. 
Temporary assignment outside classification. When an employee is temporarily assigned via personnel action to a position in a class with a higher minimum rate of compensation for periods of 30 working days or more, he shall receive a rate of compensation in accordance with Subsection G (special pay adjustments) of this section for the duration of the temporary assignment.
M. 
Sunday work. An employee who shall be required to work or to render service on a Sunday shall be paid the rate of 1 1/2 times his regular rate of compensation for all hours worked on said Sunday. This provision shall not apply to the employees of any department engaged in continuous or shift operations or whose duties or working schedule regularly requires service to be performed on Sunday.
N. 
Overtime pay. Town employees may be called upon and required to work overtime if, in the opinion of the department head, this is necessary to meet the demands of the job being performed. Except for emergency situations, all overtime work must be approved in advance by the department head. In emergency situations, a statement describing the nature of the emergency and the reasons why the employee's services were required shall be attached to the request for overtime payment and must be approved by the department head. Employees who repeatedly refuse to work overtime without valid justification may be subject to disciplinary action.
(1) 
Employees eligible for overtime pay. All hourly wage employees are eligible for overtime and shall be paid at 1 1/2 times the employee's regular rate of compensation for all time worked in excess of eight hours per day or 40 hours in any one payroll period. At the discretion of the department head, with notification to the employee, compensatory time may be given in lieu of overtime payment, in accordance with the Fair Labor Standards Act.
(2) 
Employees ineligible for overtime pay. Executive, administrative and professional employees shall not be eligible to receive overtime pay.
O. 
Compensatory time. Employees may substitute, in lieu of overtime pay, compensatory time, to be calculated in the same manner as overtime pay. Compensatory time shall be granted in accordance with the Fair Labor Standards Act.
(1) 
Requests for compensatory time must be submitted in writing and must be approved in advance by the department head.
(2) 
Approved compensatory time must be used as soon as possible and in no case later than 90 days from the date the compensatory time was earned.
(3) 
It shall be the responsibility of the department head to maintain complete compensatory records on all employees and to accurately record dates and hours of overtime worked and the time compensatory time is taken. Such information must be attached to the payroll time sheet of the pay period in which the overtime was worked and/or compensatory time taken.
(4) 
Time sheets shall be signed by each employee as required by the Town Administrator.
(5) 
Department heads and administrators. Department heads and administrators are expected to work beyond ordinary work schedules as part of their normal duties. However, compensatory time may be granted for unusual circumstances, based upon considerations such as the number of evening or weekend meetings required, extended periods of out-of-town commitments, or unusually long days. Compensatory time shall be used as soon as possible after it is earned. Compensatory time taken in excess of two hours in one calendar week shall be at the discretion of the administrator.
P. 
Effective date of payroll changes. The Town uses a work week from Sunday to Saturday. All Town employees will receive paychecks on Thursday of each week unless unforeseen complications prohibit payment (snow, storms, etc.). In this instance, paychecks will be issued to employees at the earliest possible date. If a holiday should fall on Thursday, employees will receive paychecks on Wednesday.
Q. 
Payroll deductions. The Town agrees to deduct items authorized under MGL c. 180, §§ 17A and 17B, as amended, from time to time and other items (i.e., union dues and annuities) subject to the approval of the Town Administrator. An employee who wishes any such deduction to be made shall submit written authorization directing the Town to make such deduction and containing all other necessary information.
R. 
Pay upon termination. Employees terminating from Town employment will normally receive their final paycheck on the next regularly scheduled payday following the date of termination. Final paychecks shall include any unused leave which may be due to employee as is provided for elsewhere in these regulations.
(1) 
Final pay shall be withheld until all Town property issued to the employee has been returned or accounted for to the satisfaction of the Town Administrator. Money or Town property due the Town because of shortages shall be collected through appropriate action.
(2) 
In the event of the death of an employee, all wages, including any unused leave benefits and travel expenses to which the employee is entitled, shall be paid in accordance with law.
S. 
Budget limitations. All actions concerned with the payment of salaries, wages and/or benefits in accordance with these rules shall be subject to adequate funds being available or any limitations as may be imposed by the Town or Town Administrator with majority approval of the Board of Selectmen.
Coverage: All employees.
A. 
Promotions.
(1) 
Definition. A promotion occurs when an employee is moved from a position in one class to another position in a different class which has a higher maximum salary.
(2) 
General policy. The Town encourages employees to develop skills, attain greater knowledge of their work and make known their qualifications for promotion to more responsible and difficult positions. No supervisors shall deny an employee permission to apply for a promotion opportunity in any Town office or department.
(a) 
Whenever practical, vacancies in higher positions in the Town shall be filled internally. Promotions shall be made in accordance with merit principles, giving appropriate consideration to the candidate's experience, training, performance and length of service. Greater weight shall be placed on performance rather than length of service. Competitive, job-related examinations may be given prior to promotions.
(b) 
No person shall be recommended for promotion on the basis of personal friendships or political affiliations, and selection shall be made from the best qualified candidates, without discrimination.
(3) 
Promotional trial period. A promoted employee shall serve a promotional trial period for up to 90 days from the date of promotion. The department head is responsible for completing an evaluation of the promoted employee for such period to assure that the employee can satisfactorily perform the duties of the new position.
(a) 
The promotional trial period may be extended for a period of up to 90 additional days upon the mutual agreement of the Town Administrator and supervisor. The employee shall be advised of any such extension within five days.
(b) 
In the event the department head neglects to complete an evaluation of the promoted employee within the specified trial period, the employee's performance will be assumed to have been satisfactory and the employee's promotion to the position officially confirmed.
(c) 
If, during a promotional trial period or any extension thereof, an employee is, in the opinion of the department head or appropriate supervisor, found to be unqualified or incompetent in performing the essential functions of the new position, the employee shall be returned to his former position, without appeal, provided a vacancy exists. If the former position is no longer available, every effort will be made to place the employee in a comparable position. However, if a vacancy in the same or a comparable position does not exist, the employee will be returned to his former position and the provisions of § 200-31, Layoff procedure, shall apply.
(4) 
Nongrievance matter. Promotion of employees to positions outside the bargaining unit or organizational unit shall be within the sole discretion of management and shall not be the subject of grievance or appeal.
(5) 
Compensation. In the event that an employee is assigned or promoted to the next higher grade, he shall receive the entrance rate of the new position or one step above his present rate, whichever is the greater.
B. 
Transfers.
(1) 
Definition. A transfer occurs when an employee is moved into another position in the same job classification or to another job classification with the same grade.
(2) 
Voluntary transfers.
(a) 
An employee may initiate a request for a transfer to a different department through his department head or other appropriate supervisor. The Town Administrator shall have the final authority regarding requests for transfers.
(b) 
An employee shall in no way be penalized for submitting a request for transfer as it is the practice of the Town to allow transfers when in the best interests of the Town and the employee and thus encourage employees to enhance their personal development and add to their overall contribution to the Town's service.
(3) 
Involuntary transfers. The Town Administrator, with the Board of Selectmen's approval and for the good of the Town, may transfer an employee to a different work location or department under his jurisdiction.
(4) 
Nongrievance matter. Denials of requests for transfers and involuntary transfers shall not be subject to the grievance procedure.
(5) 
A transfer shall not change an employee's grade, rate of compensation or permanent status with the Town.
C. 
Demotions.
(1) 
Definition. A demotion occurs when an employee is moved from a position in one class to another position in a different class which has a lower maximum rate of compensation.
(2) 
General policy. The Town Administrator may demote an employee for any of the following reasons:
(a) 
Inability of an employee to perform satisfactorily the required duties and responsibilities/essential functions of the position after promotion to a higher position;
(b) 
In lieu of layoff during a reduction in force;
(c) 
Upon job evaluation which determines that the employee is performing at a lower level of duties and responsibilities than called for in the classification descriptions;
(d) 
When the employee voluntarily requests such a demotion; or
(e) 
Inability of an employee to perform the duties/essential functions of the current position for health reasons, the loss of a job requirement, or other reasons.
Coverage: All permanent employees.
A. 
Length of vacation. No vacation shall be used until the completion of 180 days of continuous service.
(1) 
Full-time permanent employees. Vacations shall be granted as indicated in the following table:
Less than 1 year
5/6 day
1 year but less than 5
10 days
5 years but less than 10
15 days
10 years but less than 15
20 days
15 years but less than 20
22 days
20 or more years
25 days
(2) 
Full-time permanent employees hired after June 30, 1997. Vacations shall be granted as indicated in the following:
[Amended 6-30-1997]
(a) 
For the first year of employment: one day for each thirty-day period worked, to a maximum of 10 working days, to be credited on January 1.
(b) 
Two years but less than seven: 10 days.
(c) 
Seven years but less than 13: 15 days.
(d) 
Thirteen or more years: 20 days.
(3) 
Part-time permanent employees. For part-time permanent employees, one day of vacation as used in the above table shall mean the number of hours actually worked during the previous year divided by the number of workdays in the previous year or the number of hours scheduled to work during the previous year divided by the number of workdays in the previous year, whichever is greater.
[Amended 11-24-1998]
(4) 
Additional vacation. For the purposes of recruiting experienced staff, the Town Administrator may authorize an additional five days for a new employee who has a minimum of four years' related experience.
(5) 
Crediting of vacation days. Vacation days will be credited as of January 1 of each year.
[Added 11-24-1998]
B. 
Scheduling.
(1) 
Vacation must be taken in the calendar year in which it was earned, except that with the advance approval of the Town Administrator, upon request by the department head, vacation may be carried over into the following calendar year for unusual or valid reasons provided that it does not extend beyond the fiscal year.
(2) 
Vacation shall be scheduled with the prior approval of the department head. Normally vacations shall be scheduled in one-week blocks, but no vacation will be scheduled in blocks of time less than one hour.
(3) 
Employees entitled to more than two weeks' vacation may generally take only two weeks consecutively. However, with the approval of the department head, exceptions may be made to allow longer periods of time.
C. 
Vacation pay advance. An employee who schedules vacation of at least one week may receive advance pay for such vacation, provided that the employee has requested, in writing to the Town Accountant's office, such pay at least 14 days prior to the commencement of said vacation.
D. 
Notice to employees. Within 10 days of the end of each month, the Town shall issue a statement of vacation earned and taken during the preceding month.
E. 
Termination. Whenever employment is terminated by dismissal through no fault or delinquency on the part of the employee, or by resignation with reasonable notice (two weeks), retirement or death, without the employee having been granted entitled vacation, the employee or, in the case of death, the estate of the deceased employee shall be paid at the regular rate of compensation at the time of termination an amount equal to vacation pay earned but not paid to the employee at the time of his termination.
F. 
F Sickness while on vacation. An employee who becomes ill while on vacation may not charge such illness to sick leave unless the employee has a physician's certificate describing the nature of the illness and submits it to his department head for approval within five days of returning to work.
Coverage: All permanent employees.
A. 
General policy.
(1) 
Permanent full-time employees shall earn 1 1/4 days of sick leave with pay for each calendar month of service, not to exceed 15 days per calendar year.
(2) 
For part-time permanent employees, one day of sick leave shall mean the number of hours actually worked during the previous year divided by the number of workdays in the previous year or the number of hours scheduled to work during the previous year divided by the number of workdays in the previous year, whichever is greater.
[Amended 11-24-1998]
(3) 
For those persons employed prior to the 16th of the month, sick leave shall accrue from the first of the month. For those persons employed on or after the 16th of the month, sick leave shall accrue from the first of the succeeding month.
(4) 
Accruals will be earned as of the last working day of each month and will be posted accordingly. No accrual will be recorded for a portion of a month upon termination of employment.
(5) 
New employees must satisfactorily complete the probationary period of service before qualifying for use of sick leave, but sick leave shall accrue during the probationary period.
(6) 
Unused sick leave will accumulate from year to year to a maximum of 210 days.
(7) 
Within 10 days of the end of each month, the Town shall issue a statement of sick leave earned and taken during the preceding month.
B. 
Use of sick leave.
(1) 
Sick leave with pay shall be granted to employees only when they are incapacitated for the performance of their duties by their personal sickness, injury, disability, doctor's appointments or a quarantine by public health authorities, but no sick leave will be granted in blocks of time less than 1/2 hour.
(2) 
At the discretion of the Town Administrator, sick leave with pay may also be granted for serious incapacitation of the employee's spouse or serious injury or illness of a member of the employee's family, including children, parents, brothers or sisters.
C. 
Notification.
(1) 
Sick leave will commence on the date and time that notification of the employee's sickness, injury, disability or quarantining is given to the department head by the employee, his family or his physician. Notification should be given as soon as possible but in any case within one hour after the regularly appointed starting time of the employee in order to entitle the employee to sick leave credit for that day.
(2) 
Notification should include the general nature of the illness, injury or disability, length of anticipated absence, and expected date of return.
D. 
Use of vacation leave. At the discretion of the department head, an employee's absence on account of illness, injury or disability in excess of accrued sick leave may be charged to vacation leave. This does not apply to illness, injury or disability for which the employee is entitled to workers' compensation.
E. 
Extended sick leave. Extended sick leave with pay may be granted by the Town Administrator after all of an employee's sick leave and vacation leave have been used. Such advance of sick leave will only be made when there is every expectation of return to active employment with the opportunity of earning repayment credits.
F. 
Sickness while on vacation leave. See § 200-9F.
G. 
Evidence of illness. The department head or Town Administrator may require medical substantiation from the employee for any sick leave. If the cause of the sick leave is not substantiated to the satisfaction of the Town Administrator, such absence will not be paid as sick leave and absence will be considered unauthorized leave. Any medical confirmation of this shall be confidential.
H. 
Workers' compensation. Employees injured on the job and receiving workers' compensation shall, upon request, be granted sick leave pay (provided they have sick leave credits available) in an amount that, when added to the amount of workers' compensation payment, will result in payment of their full salary. In this case, the Town Administrator shall debit the employee's sick leave accrual by such amounts as he deems equitable.
I. 
Retirement. Upon an employee's retirement in accordance with MGL c. 32, the employee shall be paid, lump sum, for accumulated sick leave up to 60 days or 50% of his total accumulated sick leave, whichever is greater. The rate of compensation is the prevailing base rate of compensation at the time of retirement. If termination is caused by death, accumulated sick leave up to 60 days shall be paid in a lump sum to the employee's spouse or, if there is none, his heirs. For employees hired after June 30, 1997, the employee shall be paid for accumulated sick leave up to 30 days or 25% of his total accumulated sick leave, whichever is greater.
[Amended 6-30-1997]
J. 
Attendance incentive.
(1) 
As an incentive to minimize the impact of sick leave usage, an employee may exchange unused sick leave earned during the calendar year in accordance with the following schedule:
(a) 
If no sick time is used during a given quarter, one day may be exchanged at the rate of $30 per day.
(b) 
If four days have been exchanged in a given calendar year, the employee is entitled to exchange one additional day at the rate of $60 per day.
(2) 
An employee must elect to participate by notifying the Town, in writing, at the beginning of the calendar year. Payment will be made by the 30th of the month following the end of each quarter.
Coverage: All permanent employees.
A. 
Recognized holidays. The following holidays shall be recognized by the Town on the day on which they are legally observed by the Commonwealth of Massachusetts, and on these days employees shall be excused from all duty except in cases where the department head determines that the employee is required to maintain essential Town services:
New Year's Day
Dr. Martin Luther King Jr. Day
Washington's Birthday
Patriots Day
Memorial Day
July 4
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Christmas Day
B. 
Compensation for holidays.
(1) 
For each holiday, full-time and part-time permanent employees shall be compensated at a rate of the number of hours scheduled to work on which the holiday lands times their base rate of compensation.
(2) 
Payment shall be withheld by the department head if the eligible employee did not work his last regularly scheduled working day prior to such holiday or his next regularly scheduled working day following such holiday, unless such days were previously approved absence days in accordance with other provisions of these rules and regulations.
C. 
Work on a holiday. An employee who is required to work on a holiday shall receive, in addition to the regular holiday pay, an amount equal to 1 1/2 times his regular rate of compensation for all hours worked.
D. 
Vacation or sick leave on a holiday. Any employee on approved vacation or sick leave shall not be charged for leave time.
Coverage: All permanent employees.
A. 
General policy.
[Amended 11-24-1998]
(1) 
Maternity leave without pay shall be granted to an employee for a period not to exceed eight weeks (or, if qualified under FMLA, 12 weeks) for the purpose of giving birth to a child or adoption of a child under 18 years of age. The employee shall notify the appointing authority at least two weeks prior to the anticipated date of departure and of the intention to return. The employee shall be restored to the same or similar position with the same status, pay and seniority as of the date of the leave.
(2) 
Maternity leave shall be granted in accordance with MGL c. 149, § 105D, c. 151B, § 4, and the Federal Family and Medical Leave Act of 1993.
Coverage: All permanent employees.
A. 
General policy. All employees will be granted leave to fulfill required jury duty. Permanent full-time and part-time employees shall be paid their regular rate of compensation, less the jury fees (exclusive of travel allowances) received, during the period required for the jury service. It is the employee's responsibility to present to his supervisors written evidence of the fees received for jury duty. As a condition to receiving payment from the Town, an employee must report to work if during such duty he is discharged for the day or major portion thereof during regular work hours.
B. 
Jury duty on a holiday. A holiday occurring during jury duty shall not entitle an employee to an additional day of leave or additional compensation for the holiday.
C. 
Retention of jury fees. Employees may retain any jury fees received for jury duty on nonscheduled workdays (i.e., Saturdays, Sundays or holidays).
Coverage: All employees.
A. 
General policy.
(1) 
The Town Administrator may grant leaves of absence without pay to all employees who have satisfactorily completed their probationary period. In reviewing requests for leave, consideration shall be given to:
(a) 
The nature of the reason;
(b) 
The employee's work record; and
(c) 
The impact on operation of the Town.
(2) 
Leave will not be granted if there is any indication that the employee plans to seek or accept work elsewhere during the time of leave. The leave will be immediately canceled if the employee accepts other work.
B. 
Procedure for requesting and approving. All requests for leave must be in writing. Requests for leaves of two or less weeks may be approved by the department head, with the exception of medical leaves, which must be approved by the Town Administrator. Leaves for longer than two weeks must be approved by the Town Administrator.
C. 
Medical illness.
(1) 
An employee unable to work due to sickness or injury shall be covered in accordance with the sick leave policy. Once an employee has exhausted all accrued and advanced sick leave and vacation time, he may request a medical leave of absence.
(2) 
During a medical leave of absence it shall be the responsibility of the department head to be satisfied that a disabling condition does in fact prevent the employee from discharging regular duties consistent with the sick leave policy.
D. 
Status upon return to work.
(1) 
The period of absence, if less than 30 days, shall be included in an employee's time of continuous service. An employee's anniversary date will be adjusted if a leave of absence exceeds 30 days or if two or more leaves of absence in one calendar year total 30 or more days.
(2) 
The rate of compensation for an employee returning from a leave of absence shall be the rate of compensation which the employee was receiving immediately prior to the leave, if the employee is returning to the same position.
E. 
Sick leave/vacation. Benefits will not accrue during the period of the leave.
F. 
Health or life insurance. The Town will not make any payments towards an employee's health or life insurance plans for the period of the leave in excess of 30 days. Employees have the option, however, of maintaining their coverage after the thirty-day period by paying the full premium cost. The Treasurer's office must be notified by the employee if coverage is desired, so that the premium cost can be billed directly to the employee for the period of the leave.
G. 
Pension.
(1) 
In accordance with the Adams Retirement Board rules and regulations, contributions to the pension system cannot be made by an employee for the period of the leave. Employees on a leave for up to 30 days per calendar year will receive full creditable service. Cumulative leave in excess of 30 days will result in the reduction of creditable service by like amount.
(2) 
In accordance with the Adams Retirement System's rules and regulations, an employee on an approved leave cannot withdraw moneys from the pension system.
Coverage: All employees.
A. 
General policy. An employee who is absent from duty shall report the reason as soon as possible and in no case later that 12:00 noon on the first day of such absence. All unauthorized and unreported absences shall be considered absence without leave, and deduction of pay shall be made for the period of such absence. Such absence may serve as the grounds for disciplinary action and/or may be considered to be abandonment of position.
Coverage: All permanent employees.
A. 
General policy. An employee shall be entitled to a leave of absence during the time of compulsory service in the armed forces of the commonwealth or during his annual tour of duty of not exceeding 17 days as a member of a reserve component of the armed forces of the United States and shall receive his regular compensation as an employee for the period of the leave.
B. 
Notification. Each employee is responsible for notifying his department head of the date he is leaving for military service and provide written proof from military or selective service officials to the Town Administrator indicating date of departure and length of service required.
C. 
Effect on and use of benefits.
(1) 
Sick and vacation leave will continue to accrue during the period of military leave.
(2) 
The period of military leave shall be included in the employee's time of continuous service.
(3) 
If military duty exceeds 17 days, an employee may credit all or part of his vacation entitlement to the period of military leave.
Coverage: All permanent employees.
A. 
General policy. Upon the request of an employee upon the death of such employee's spouse, the Town Administrator shall grant bereavement leave with pay for up to two weeks immediately following such death.
(1) 
The department head, upon request of an employee, shall grant up to three consecutive days of bereavement leave without loss of pay upon the death of such employee's immediate family, which shall include parents, parents of spouse, sisters and brothers of spouse, grandparents, children, brothers and sisters of employee or any other person who resides with the employee as a member of the immediate household. The Town Administrator may limit such leave to less than three days or refuse to grant any such leave if such employee cannot demonstrate need for as many as three days' leave.
(2) 
The Town Administrator may grant bereavement leave to attend the funeral service of a close friend or other relative.
(3) 
At the discretion of the Town Administrator, bereavement leave with pay may be extended to a maximum of two weeks.
Coverage: All permanent employees.
A. 
General policy. Permanent full-time employees shall be granted one day for each three months of employment by the Town. Personal days shall be credited on the first day of each calendar quarter. An employee shall accrue one personal day each quarter only if said employee has worked at least 46 days during the preceding quarter (Saturdays, Sundays and holidays are construed to have been worked for this section). Personal days must be used in the calendar year in which they are granted.
(1) 
Personal leave is to be used for personal reasons and cannot be used to extend vacation or holiday periods except in an emergency. The employee's department head must be given at least 48 hours prior to the requested personal leave day or at the discretion of the department head.
(2) 
Personal leave shall be charged in one-hour increments.
Coverage: All permanent employees who work 20 hours or more per week.
A. 
General policy. The Town shall, pursuant to MGL c. 32B, provide contributory group health, life and accidental death insurance to any eligible employee, after a waiting period of 60 days, who works a regular schedule of 20 hours or more per week. The premium cost of group insurance is paid on a 75/25 basis by the Town and participating employees. Participation in the group insurance plan is optional.
B. 
Leave of absence. Employees on an approved leave of absence in excess of 30 days (see leave of absence policy, § 200-14) may continue coverage, provided that they pay the full (100%) premium cost. Employees must give proper notice to the Treasurer's office of all approved leaves of absence so that the full premium cost can be billed directly to the employee for the period of the leave in excess of 30 days.
C. 
Termination. The Town's health insurance policy, in accordance with the Consolidated Omnibus Budget Reconciliation Act (COBRA), is discontinued on termination. However, conversion to an individual health plan or automatic transfer to another group plan is available. The Town will notify the health insurance carrier of the termination, and automatic billing will be made to the terminated employee's home address.
D. 
Survivor coverage. Upon the death of an employee, if there is one survivor, the person will automatically be transferred to an individual policy. If there is more than one survivor, coverage will be provided under a family membership. The Town does not share the cost of this coverage.
E. 
Retirement.
(1) 
Health insurance. The options of employees that are qualified to retire are dependent on the age of the employee, his eligibility under Social Security and the type of insurance plan the employee has upon retirement. Employees should contact the Chairman of the Retirement Board six months before retirement or before they or their spouse reach age 65 for an explanation of the employee's health insurance options.
[Amended 3-29-2000]
(2) 
Life insurance. Upon the employee's retirement, the accidental death and dismemberment insurance is discontinued.
F. 
Change in membership status.
(1) 
An eligible employee or retiree who is covered under a family plan may change to an individual and/or OME plan anytime during the year.
(2) 
An eligible employee who is covered under an individual plan may change to a family plan anytime during the year only if there is a change in the number of his dependents. If there is no change in the number of dependents, he may change only during the open period of enrollment.
(3) 
An eligible employee or retiree who is covered may change to a different carrier only during the open period of enrollment. This is normally held during the month of May each year.
(4) 
An eligible employee who is not currently covered may elect to be covered by an individual plan at any time during the year. If the employee desires to be covered by a family plan, the employee shall pay the entire cost difference between the family plan and the individual plan until the employee is eligible to convert under Subsection F(2) above.
(5) 
A retiree must be using Town health insurance benefits at the time of retirement to elect to be covered under any circumstances.
[Amended 11-24-1998]
(6) 
A retiree who was using Town health insurance benefits at the time of retirement may elect to be covered under that same or lesser type of plan, but only during the open period of enrollment.
[Amended 11-24-1998]
Coverage: All employees.
A. 
General policy.
(1) 
All Town employees have a right to an equitable and timely review of employment-related injuries or illness and determination of benefits available under workers' compensation. Benefit levels shall be consistent with the provision of MGL c. 41 and 152 (including § 69).
(2) 
Any accident which occurs on the job must be reported immediately to the immediate supervisor or other appropriate level employee. All accidents will be investigated to determine cause so that contributing factors can be corrected.
B. 
Reporting accidents. It is the responsibility of each employee to report all work-related accidents immediately to the supervisor or other appropriate level person, regardless of how insignificant the injury may seem. If an employee is injured seriously, the immediate supervisor is to be contacted immediately to ensure proper medical attention is provided and the necessary reports are filed.
(1) 
A “First Report of Injury” and “Supervisor's Accident Report” must be completed and signed by the department head or designee for each accident. The original and two copies of the “First Report of Injury” are to be sent to the Town Administrator's office as soon as possible to comply with the requirement that the Industrial Accident Board be notified within five days. A “Supervisor's Accident Report” must be sent within a week of the accident.
(2) 
If medical attention is needed, the department head is to release the employee immediately from work to attend either his physician or an appropriate medical provider, depending upon the extent of injury and circumstance.
(3) 
The department head is responsible for investigating each accident, identifying the specific cause of the accident and taking necessary corrective actions.
C. 
Benefits; workers' compensation. Workers' compensation benefits, consistent with the provisions of the MGL c. 152 (including § 69), shall be provided all employees.
(1) 
At the department head's discretion and subject to the availability of light work, employees will be assigned suitable modified duty as long as they are unable to perform regular job duties due to injuries or illness.
(2) 
The Town Administrator's office shall file all accident reports with the insurance carrier. The insurance carrier is responsible for determining if an accident is employment related.
(3) 
Employees should not pay for any medical services or prescriptions while determination as to work relation is pending or after a determination that an accident is work related has been made. All bills should be turned over to the supervisor or should be billed directly to the Town. Bills will be reviewed by the insurance carrier for applicability to the accident and level of charge.
(4) 
Employees unable to work for five or more days will receive disability payments. If the employee has available sick time, it may be used to supplement disability payments up to the employee's normal salary.
(5) 
For reporting purposes, time lost from work shall be charged to sick leave until the employee has lost five days, at which time all time lost to disability, including the first five days, shall be charged to disability time. If the employee is out less than five days, the total time lost is charged to sick leave.
(6) 
Employees out for more than five days will receive, in addition to their regular compensation (if sick leave time is available), checks from the insurance carrier for the portion of their salary covered by workers' compensation. These checks must be endorsed and returned to the Town.
(7) 
Employees who are in disagreement with any findings by the insurance carrier should contact their supervisor or the Town Administrator's office. If the employee is still dissatisfied with the response, under the provisions of MGL c. 152, an appeal may be made to the Industrial Accident Board.
D. 
Medical reports. It is the responsibility of the department head to obtain regular reports which include the extent of disability, expected duration of disability and other information that may be required. In cases involving absence of two weeks or longer, up-to-date information from the attending physician may be required at least twice a month.
(1) 
It is the responsibility of the employee to ensure that medical reports are provided as requested by the department head or Town Administrator.
(2) 
At the discretion of the department head, with the concurrence of the Town, examination by an independent physician appointed by the Town Administrator may be required. The expense of such examination would be borne by the Town.
(3) 
Any employee out more than two weeks must have a certificate from the attending physician before returning to work.
[Amended 5-24-2000]
Coverage: All employees.
A. 
Use of Town vehicles. Employees shall not utilize Town-owned vehicles for personal reasons (commuting, shopping, etc.) except for incidental uses (stopping for lunch, etc.).
B. 
Use of personal vehicles. All employees required to use a personal vehicle in the course of Town business will be compensated at a rate of $0.26 per mile in addition to any tolls or parking fees as required. At the discretion of the Town, a monthly allowance may be paid in lieu of actual mileage. When using automated toll systems, employees may submit a traveling expense voucher without receipts.
C. 
Reimbursement for meals:
(1) 
Employees will be reimbursed for the actual cost of meals plus tax and gratuity with the following limits:
(a) 
Breakfast: up to $5.
(b) 
Mid-day meal: up to $10.
(c) 
Evening meal: up to $17.50.
(d) 
Total average daily reimbursement: not to exceed $30.
(2) 
Employees will only be required to submit receipts for each meal in excess of $10. If any employee is required to remain out of Town overnight, the daily rate will apply. Meals served in conjunction with scheduled meetings may exceed above limits but require receipt and meeting notice, with stated meal prices. Meals will only be reimbursed if the employee is out of Town during the normal meal period.
D. 
Reimbursement for lodging.
(1) 
Employees will be reimbursed for lodging only if the meeting site is over 65 miles from Town, using the official mileage chart, and if the meeting and total travel time will exceed 10 hours. Number of overnight stays will not exceed the number of scheduled days of the meeting.
(2) 
Employees will be required to submit receipts for all lodging. Employees must receive prior permission from their department heads and/or the Town Administrator for an exception to the mileage, travel time, and number of nights restriction. If a double room is occupied, the employee will only be reimbursed for 1/2 of the double room rate if the room is shared with another attendee or the single room rate if not shared.
E. 
Advance payment.
(1) 
An employee may receive up to 70% advance payment of lodging and daily meal allowance if the employee is scheduled to be out of Town for five days or more. Requests for advance payment must be made, in writing, to the Town Accountant at least 10 days prior to the start of the business trip.
(2) 
In order to receive advance payment, employees must have written confirmation of lodging. All employees must submit required receipts within 10 days of returning to Town.
F. 
Definitions. The term “employee,” as used in this section, shall mean all employees; appointed officials; elected officials; board, committee, and commission members; and other persons acting on behalf of the Town of Adams.
G. 
Reimbursement for missed employment.
(1) 
If, in the course of official Town business, a nonemployee of the Town is required to be away from his/her normal employment and loses compensation because of said absence, the Town will reimburse said person at the following rates:
(a) 
Four hours or less: $15 per day.
(b) 
More than four hours: $30 per day.
(2) 
The reimbursement must be approved in advance by the respective board or commission or approved by the Town Administrator if insufficient time is available for formal board or commission approval.
H. 
Determination. Questions relating to this policy will be addressed to the Town Accountant. Final determination of discrepancies will be made by the Board of Selectmen.
Coverage: All employees.
A. 
General policy. Any employee may be eligible for membership in the Adams Municipal Employees Federal Credit Union in accordance with the current eligibility requirements of the existing program. Participation in the credit union is optional.
Coverage: All employees.
A. 
General policy.
(1) 
Any employee may be eligible for membership in the Adams Contributory Retirement System in accordance with MGL c. 32 and the rules and regulations as established by the Adams Retirement Board.
(2) 
Employees shall make every effort to inform the Town three months prior to their expected date of retirement. Any questions concerning pensions shall be directed to the Adams Retirement System.
Coverage: All employees.
A. 
General policy. It shall be the policy of the Town to foster and promote programs of training of employees for the purpose of improving the quality of employees' performance in the service of the Town.
B. 
Responsibility. It shall be the responsibility of the Town Administrator to:
(1) 
Establish standards for training programs;
(2) 
See that training is carried out as approved;
(3) 
Provide assistance to department heads in developing and conducting training to meet the specific needs of their departments and in developing and utilizing other techniques for increasing employee efficiency;
(4) 
Develop supervisory and management training and other types of training and employee development programs common to all departments;
(5) 
Provide assistance to department heads in establishing potential for growth and identifying training needs; and
(6) 
Keep a record of all approved training courses and programs and a record of employees who successfully complete such courses and programs.
C. 
Identifying training needs.
(1) 
Annually the supervisor and employee should discuss areas of interest to the employee and areas where training is either desirable for performance in his present job or would be helpful to develop additional skills for growth into other positions in the Town service. The supervisor should forward a written report of training needs through the department head to the Town Administrator.
(2) 
Department heads should, through contact with the Town Administrator's office and the public community, keep themselves appraised of training programs that may be of help or interest both to themselves and to their employees and should nominate employees for appropriate training courses to the Town Administrator's office.
Coverage: All permanent employees.
A. 
General policy. The Town shall reimburse permanent full- and part-time employees full tuition costs (including lab fees) up to a maximum of two college level courses per fiscal year, provided that all of the following conditions are met:
(1) 
The course must relate to the employee's present job directly or must be necessary to complete a degree related to the employee's present job;
(2) 
The employee has the approval of his department head and the Town Administrator before beginning the course;
(3) 
The course is taken from a fully accredited institution or trade school;
(4) 
Intended courses of study are unattainable from state or federal government sponsored programs. Veterans seeking tuition reimbursement must provide sufficient proof that alternate financing is not otherwise available. If equivalent training is offered through state-sponsored training, the employee will be expected to utilize that opportunity first; and
(5) 
The employee receives a passing grade of “C” or 70 or “P” or better; for graduate level, a passing grade of “B” or better will be required.
B. 
Reimbursement.
(1) 
Refunds of tuition payments will be made in the order in which they are received.
(2) 
Within 30 days of completion of the course, the employee shall furnish the Town Administrator the requisite documentation showing satisfactory completion of the courses. This evidence shall be subject to verification prior to reimbursement and shall include tuition receipt, a certified transcript of grades and any other documentation as deemed appropriate by the Town Administrator.
(3) 
The employee shall disclose any other tuition aid received from government or other sources prior to receiving reimbursement from the Town.
(4) 
In the event the employee is discharged or resigns from the Town before completion of the course, a refund shall not be paid.
(5) 
In the event the employee is laid off from Town service prior to completing the course, the Town shall reimburse the employee, provided that the employee's course work is in progress prior to the layoff and the course is satisfactorily completed in accordance with the above requirements.
C. 
Scheduling. Employees are strongly encouraged to take courses that will not interfere with their job responsibilities or their normal working hours. The department head or Town Administrator may deny approval for reimbursement of a course if time off from the employee's regular working hours would be required.
Coverage: All employees.
A. 
General policy. Town employees are prohibited from engaging in any conduct which could reflect unfavorably upon Town service. Town employees must avoid any action which might result in or create the impression of using public office for private gain, giving preferential treatment to any person, or losing complete impartiality in conducting Town business. Employees are expected to keep in mind they are public employees and are to conduct themselves accordingly in a manner which will in no way discredit the Town government, public officials or fellow employees.
B. 
Conflict of interest. No employee shall accept, or agree to accept, either directly or indirectly, any favor, gift, loan, fee, service or other item of value, in any form whatsoever, from any organization or individual if it is intended or gives the appearance of rewarding or influencing the employee in carrying out his appointed duties.
(1) 
No employee shall grant, in the discharge of his appointed duties, any improper favor, service, or item of value to any organization or individual if it is intended to give or gives the appearance of rewarding or influencing said organization or individual.
(2) 
No Town employee shall transact any business in his official capacity with any business entity of which he is an officer, director, agent, or member or in which he owns a controlling interest.
(3) 
No Town employee shall have personal investments in any enterprise which will create a substantial conflict between his private interest and the public interest.
(4) 
This rule is not intended to prevent an employee from accepting an award or recognition for meritorious or outstanding achievement for community or government service.
(5) 
Final determination of any such conflict or prohibition shall rest with the Town Administrator.
C. 
Outside employment. Upon proper notification to and at the discretion of the Town Administrator, an employee may engage in outside employment. However, no employee may engage in additional employment which in any manner interferes with the proper and effective performance of the duties of his position or results in a conflict of interest or if it is reasonable to anticipate that such employment may subject the Town to public criticism or embarrassment. If the Town Administrator determines that such outside employment is disadvantageous to the Town, upon notification in writing by the Town Administrator, it shall be terminated.
(1) 
Preference of Town employment. Any employee who engages in employment outside of his regular working hours shall be subject to call to perform his regular Town duties first.
(2) 
Injury and illness. The Town shall in no respect be liable for nor grant sick leave or disability leave in case of injury to an employee while engaged in outside employment, nor in the case of occupational illness attributed to the outside employment.
D. 
Privileged information. Many Town employees deal with plans and programs of significant public interest. Employees shall not use this privileged information to their own financial advantage or to provide friends and acquaintances with financial advantages or with information which could be used for financial advantage. If an employee finds that he has an outside financial interest which could be affected by Town plans or activities he shall immediately report the situation to his superior. Each employee is charged with the responsibility of ensuring that he releases only information that should be made available to the general public. Violation of privileged information or use for private gain can be just cause for discharge of the employee as determined by the Town Administrator.
E. 
Town property. Employees shall not, directly or indirectly, use or allow the use of Town property of any kind for other than official activities.
(1) 
An employee who has been provided Town equipment, such as tools, vehicles, materials, uniforms, etc., is expected to exercise reasonable care in the use and preservation of such equipment and to observe all safety precautions while carrying out the assigned work. Personal use of Town vehicles, materials, supplies, tools or other Town property is not permitted. Violations may result in discharge, prosecution, or both, or other disciplinary action.
(2) 
All operators of Town vehicles and equipment must hold a valid and appropriate Massachusetts operator's license. Employees are required to and are subject to a records check prior to employment. Suspension or revocation of an employee's operator's license may necessitate the demotion or discharge of an employee assigned to the operation of Town vehicles or equipment.
F. 
Mail and telephone use. Employees should not use Town telephone facilities for personal calls when the placing of such calls would interfere with the employee's duties, would incur additional financial liability by the Town, or would interfere with the use of the facilities for official business. Any such use should be urgent, infrequent and of short duration. When using Town telephones for toll calls, employees shall, whenever practicable, charge said calls to the called party, their home telephone number, a calling card or a third party.
(1) 
Town employees are expected to use their home address to receive personal mail.
(2) 
Use of Town stationery or postage for personal mail is not permitted.
Coverage: All employees.
A. 
General policy.
(1) 
The Town will provide and maintain safe working conditions and follow operating practices that will safeguard all employees and result in safe working conditions and efficient operations.
(2) 
The Town shall inform every employee of all materials the employee may be exposed to as a result of employment with the Town which are covered under the Massachusetts Right to Know legislation and the rights of the employee under that act. The Town shall also inform the employee of his/her rights and responsibilities under the workers' compensation laws of the commonwealth.
B. 
Safety equipment.
(1) 
All employees who are furnished safety equipment and/or clothing by the Town will be required to wear such safety equipment at all times while doing the work for which the equipment is furnished. Safety gloves, aprons, hard hats, goggles, face shields, vests, ear protection, etc., provided by the Town are designed for the protection of all employees and must be used. There will be no exceptions.
(2) 
Safety equipment furnished by the Town and damaged or worn out in use will be replaced, provided that the worn-out or damaged equipment is turned in when new equipment is issued and also provided that there is not evidence of abuse.
C. 
Duties and responsibilities of supervisors. Each supervisor has the full authority and total responsibility for maintaining safe working conditions within his jurisdiction, whether it be in the field, in the shop, or in the office. Personnel problems and hazards vary from department to department, and it is expected that all supervisors will work at all times to control injuries. The safety record of the personnel assigned to him/her should be considered during the evaluation process for both the foreman and superintendent.
D. 
Duties and responsibilities of supervisor and foreman. Each supervisor or foreman shall:
(1) 
Assume full responsibility for safe working areas for his employees while they are under his jurisdiction;
(2) 
Ensure that all management policies herein are fully implemented for maximum efficiency of each job;
(3) 
Take the initiative in recommending correction of deficiencies noted in facilitates, work procedures, employee failure to use safety clothing or equipment, employee job knowledge or attitudes that adversely affect loss control effort;
(4) 
Be firm in the enforcement of work policies by being impartial in taking disciplinary action against those who fail to conform and by being prompt in giving recognition to those who perform well. This will help to ensure impartial, positive enforcement. The following enforcement of the safety policy and safe work procedures will be used:
(a) 
First offense: written warning, to be issued no later than the next working day the employee is at work. The employee is to obtain the safety clothing or equipment in question and return to work.
(b) 
Second offense: written warning, to be issued no later than the next working day the employee is at work. The employee is to obtain the safety clothing or equipment in question and return to work after a three-day suspension without pay.
(c) 
Third offense: written termination.
(5) 
Ensure that each employee is fully trained for the job he is assigned to do and ensure that he is familiar with published division work rules and certifies in writing that he understands compliance as being mandatory;
(6) 
Assure the need, availability, and utilization of appropriate protective clothing and equipment when performing hazardous operations;
(7) 
Act upon safety suggestions, continuously demonstrate concern over entire safety program, and set a good example by working safely himself;
(8) 
Observe working conditions and field practices to prevent development of possible safety hazards;
(9) 
Investigate thoroughly the causes of all accidents and close calls (near accidents) and take appropriate corrective action; and
(10) 
Make sure all accidents are promptly reported regardless of the extent of injury or property damage.
E. 
Duties and responsibilities of employees. Each employee shall:
(1) 
Observe established safety rules, operating procedures, and safe work practices in the performance of his work;
(2) 
Use personal protective equipment when directed to do so by a supervisor or foreman;
(3) 
Identify and report to appropriate management any unsafe areas or conditions or other safety problems;
(4) 
Be continually aware of the need for safety;
(5) 
Report all accidents promptly to the supervisor or foreman, no matter how slight, utilizing the form provided by the Town; and
(6) 
Inform the supervisor or foreman of any medical expenses incurred as a result of injuries.
Coverage: All employees.
A. 
General policy. The Town Administrator shall be responsible for establishing and maintaining such personnel records and reports as may be required by law and necessary to effectively carry out the provisions of these rules and regulations. All employees shall comply with and assist in furnishing records, reports and information as may be requested by the Town Administrator.
B. 
Content of records.
(1) 
The Town Administrator shall maintain in an employee's personnel records only information that is relevant to accomplishing personnel administrative purposes and shall maintain an individual personnel file for each employee which may include but not be limited to the following:
(a) 
The employment application;
(b) 
A copy of all background investigation reports;
(c) 
A report of all personnel actions reflecting each original appointment, reinstatement, promotion, demotion, reassignment, transfer, separation, layoff or suspension; and
(d) 
Results of all tests and examinations taken to demonstrate qualifications, history of employment and any correspondence directly related to the employee's past employment record, a copy of the employee's military service record, reclassification, change in the employee's rate of compensation or position title, leave of absence with pay, leave of absence without pay, commendations, record of disciplinary action, training records, performance evaluations, and any other records that may be pertinent to the employee's employment record.
(2) 
All findings from a medical examination are to be treated as confidential and maintained on separate forms or files
C. 
Changes to records. Department heads should notify employees of the importance of keeping their personnel records current. The Town Administrator should be notified immediately in writing of any changes in an employee's personnel information. Final responsibility for providing correct information and timely changes rests with the employee. The Town Administrator or the Town shall not be held liable when incorrect withholdings, wrong beneficiaries or loss of employee benefits results from failure of an employee to keep personnel records current.
D. 
Access to records. Any employee, upon request to his department head, may see any of his personnel records on file with the Town Administrator's office.
(1) 
Any employee who knowingly and willfully removes or copies any portion of a personnel file or permits any person to have access to confidential information contained in an employee's personnel file, except as may be authorized by the Town Administrator, will be subject to disciplinary action.
(2) 
Personnel records are not public records and as such are not open to public inspection.
E. 
Unauthorized alteration. No unauthorized employee may destroy, alter, deface, mutilate or otherwise dispose of personnel records.
F. 
Release of information. Employees may authorize the Town Administrator to release personal and payroll information to banks, lending institutions, insurance firms, etc., for the purpose of a home, automobile, appliance or other purpose. Such authorization shall be made in writing to the Town Administrator.
G. 
Personnel forms. Personnel forms developed by the Town Administrator's office are to be used to ensure accurate and uniform maintenance of personnel.
Coverage: All employees.
A. 
General policy. It is the responsibility of all employees to observe the regulations necessary for the proper operation of the Town and to perform the essential functions of the position for which they were employed. The Town may impose any of the following disciplinary actions when appropriate: oral reprimand, written reprimand, suspension, disciplinary probation, or discharge. The severity of the disciplinary action shall be in accordance with the severity of the situation. The Town shall also make reasonable accommodations in accordance with the Americans with Disabilities Act.
B. 
Reasons for disciplinary action. Disciplinary action may be imposed upon an employee for failure to fulfill his responsibilities as an employee, including but not limited to any of the following:
(1) 
Incompetence or inefficiency in the performance of the essential functions of an employee's position;
(2) 
Inability to perform one or more essential functions of the position;
(3) 
Fraud in securing appointment;
(4) 
Insubordination or disobedience in carrying out reasonable directions given by a proper supervisor;
(5) 
Consumption and/or possession of alcoholic beverages while on duty;
(6) 
Use and/or possession of illegal narcotics or drugs while on duty;
(7) 
Abuse of legal drugs while on duty;
(8) 
Absence without leave;
(9) 
Abuse of sick leave;
(10) 
Conviction of felony;
(11) 
Misuse or unauthorized use of Town property;
(12) 
Disclosure of confidential information; or
(13) 
Reporting for duty while under the influence of alcohol, narcotics or drugs.
C. 
Oral or written reprimand.
(1) 
At his discretion, a department head who notes unsatisfactory job performance, noncompliance with department regulations or display of improper conduct may issue an oral or written reprimand and an offer of assistance on the part of the department head in correcting the unsatisfactory situation. Oral warnings shall be presented with a maximum regard for minimizing embarrassment to the employee before other employees or the public.
(2) 
Oral and written reprimands shall be entered into the employee's personnel file with the employee's acknowledgment.
D. 
Disciplinary probation.
(1) 
If the written warning fails to correct the situation, the employee may serve a maximum 90 days' disciplinary probation at the discretion of the department head and Town Administrator. The employee will receive a written notice stating the reasons for the disciplinary action and effective date of such action.
(2) 
When the employee's disciplinary probation expires, the department head will notify the Town Administrator in writing that:
(a) 
The employee's performance and behavior were satisfactory and that he will retain the employee in his position; or
(b) 
The employee's performance and behavior have remained unsatisfactory and he recommends either suspending or discharging the employee.
E. 
Suspension. At the discretion of the department head and Town Administrator, an unsatisfactory employee may be suspended without pay for a period or periods that will not exceed a total of 30 days in any twelve-month period. Such suspension may be in lieu of disciplinary probation or at the expiration of the disciplinary probation, depending upon the situation. The employee will receive a written notice stating reasons for the suspension period and the effective date. At the end of the suspension period and a reasonable observation period, the department head will inform the Town Administrator either of the employee's improved behavior/performance and his recommended retention or of the continued unsatisfactory situation and his recommended discharge of the employee.
F. 
Discharge. An employee may be discharged either because he is unsatisfactory on the job or for violation of Town regulations. The employee will receive a written notice stating reasons for the discharge and the effective date.
Coverage: All employees.
A. 
General policy. All employees, either personally or through a representative, have a right to have grievances and concerns regarding their employment heard in a fair, equitable and timely manner. It is understood that issues not having to do directly and primarily with day-to-day working life of the employee and relationships with his supervisor as well as the increase or decrease of general wage rates or salaries, or any other matter specifically mentioned in these rules as not being subject to a grievance, shall not be considered the subject of a grievance. An employee who submits a grievance or concern shall be entitled to a prompt response which includes an explanation, in writing, of the reason for the answer. When a grievance or concern is found justified, the employee can expect that necessary actions will be taken to resolve the problem. The decision to air a grievance shall not result in any penalty to the employee regardless of the final decision.
B. 
Procedure. All grievances shall be handled in accordance with the grievance procedure set forth herein. The procedure shall be as follows:
(1) 
Step 1. Any employee with any questions, concerns, or grievances about his employment or working conditions should first talk to his immediate supervisor. The supervisor and employee are encouraged to work together to resolve the problem at this level.
(2) 
Step 2. If the employee is not satisfied with the response during informal discussions, the employee may present his case, in writing, to the department head. Within five working days, or such longer period as the parties agree upon, the department head shall meet with the employee to discuss the case and provide the employee with a written decision.
(3) 
Step 3. If the employee is still not satisfied, he may within seven working days submit the grievance, in writing, to the Town Administrator. The Town Administrator shall render a decision, in writing, within five working days, or such longer period as the parties agree upon.
(4) 
Step 4. If the employee is still not satisfied, he may within seven working days submit the grievance, in writing, to the Board of Selectmen. The Board of Selectmen shall render a decision within 14 working days. The decision of the Board of Selectmen shall be final.
Coverage: All employees.
A. 
General policy. The Town reserves the right to determine the necessity of layoffs.
B. 
Criteria.
(1) 
When layoffs are necessary, the Town shall be the exclusive judge as to which employees as well as when they are to be terminated, based on, but not limited to, the following criteria:
(a) 
Prior experience directly or indirectly related to the position;
(b) 
Education and formal training;
(c) 
Aptitude or familiarity with required duties of the position;
(d) 
Prior attendance record;
(e) 
Performance history;
(f) 
Required licenses and certificates; and
(g) 
Length of service where the factors in Subsection B(1)(a) through (f) are, in the exclusive opinion of the Town, equal.
(2) 
An employee may not grieve a decision regarding layoffs.
C. 
Recall. If a vacancy occurs within a two-year period following the date an employee was laid off, the Town Administrator shall notify all employees laid off within that period of the vacancy. If one or more employees notify the Town Administrator, in writing, that he/they desire to be employed in that position, the Town shall utilize the above criteria to determine the qualification of the former employee for the existing position.
Coverage: All permanent employees.
A. 
General policy. The Town will provide up to $125 per year towards each employee's voluntary participation in a year-long planned physical fitness program to be arranged by the Town. A prerequisite to the employee's approved participation in said activity will be a physical examination conducted by the employee's personal physician at the expense of the employee. Physical examination reports are to be considered confidential and necessary to the planning of a complete and proper physical fitness program designed to suit each individual's fitness needs.
[Amended 4-6-2005]
Coverage: All employees.
A. 
General policy.
(1) 
The Town is dedicated to providing a healthy, comfortable and productive work environment for its employees. This goal can be achieved only through on-going efforts to protect nonsmokers and to help employees adjust to restrictions on smoking. All employees who smoke are strongly encouraged to discontinue smoking. The Town will fund and administer a program to help those employees voluntarily attempt to discontinue smoking.
(2) 
In accordance with Chapter 270, § 22, of the Massachusetts General Laws, smoking is prohibited throughout all Town facilities.
B. 
Prohibited areas. It is emphasized that smoking will not be tolerated in the following areas:
(1) 
Conference Rooms. There will be no smoking before, during or after public meetings, whether the meeting is held in a designated conference room or not. It is noted that if the meeting continues for an extended period of time, the moderator or chairman will recess the meeting for a short break.
(2) 
Elevators. Smoking is prohibited in all elevators.
(3) 
Rest rooms. Smoking is prohibited in all rest rooms.
(4) 
Hazardous areas. Smoking is prohibited in all hazardous areas (i.e., storage of flammable materials, boiler rooms, generator rooms, etc.).
(5) 
Hallways. Smoking is prohibited in all hallways.
(6) 
Common work and public areas of Town buildings. Smoking is prohibited in all areas of Town buildings.
(7) 
Private offices. Smoking is prohibited in all private offices in Town buildings.
(8) 
Vehicles. Smoking is prohibited in all Town vehicles.
(9) 
Break areas. Smoking is prohibited in all break areas within Town buildings.
C. 
Enforcement. The success of this policy will depend upon the thoughtfulness, consideration and cooperation of all Town employees. All employees share in the responsibility for adhering to and enforcing this policy. Any questions concerning compliance should be brought to the attention of the appropriate supervisor and, if necessary, referred to the Town Administrator for a final decision. The Town will take appropriate corrective measures or disciplinary action as per these rules and regulations. In all cases the rights of a nonsmoker to protect his health will take precedence over another employee's desire to smoke.
Coverage: All employees.
A. 
General policy. The Town is dedicated to providing a healthy, comfortable and productive work environment for its employees. This goal can be achieved only through ongoing efforts to provide a drug-free workplace. Employees are thus prohibited from manufacturing, distributing, dispensing, possessing or using illegal drugs or abusing prescription drugs within the workplace.
B. 
Notification of conviction. All employees must notify the Town Administrator within 24 hours of any conviction of drug statutes. Appropriate personnel action will be taken in accordance with § 200-29 of these rules and regulations.
C. 
Enforcement. All employees share in the responsibility for adhering to and enforcing this policy. Any questions concerning compliance should be brought to the attention of the appropriate supervisor and, if necessary, to the Town Administrator for a final decision.
D. 
Employee assistance program. An employee assistance program is available to all employees seeking assistance through: Employee Support & Training, Inc., 165 Tor Court, P.O. Box 2071, Pittsfield, MA 01202.
Coverage: All permanent employees.
A. 
General policy. Permanent full- and part-time employees who have depleted all of their accumulated sick leave benefits due to an extended illness or injury may be eligible to receive sick leave days (hereinafter referred to as “benefit days”) from the sick leave bank (hereinafter referred to as the “bank”) under the terms and conditions of this section.
B. 
Membership. Any permanent full- or part-time employee who earns sick leave under § 200-10 of these regulations may elect to be a member of the bank. Employees must make the election in writing to the Town Accountant's office within 30 days of the adoption of this section or upon initial employment. Employees who do not choose to become members during their initial eligibility period may make an election during the month of January in subsequent years but are prohibited from applying for benefit days during the first year of membership. Employees who are members of the bank may elect, during the month of January, to leave the bank but subsequently forfeit all rights to receive benefit days as well as the return of contributed sick days from the bank. Members shall contribute two sick days to the bank upon initial membership and annually on January 1 thereafter. New employees shall contribute two sick days upon successful completion of probation. Membership in the bank shall not affect the employee's eligibility for sick leave buy back or other sick leave incentive programs, exclusive of sick days previously donated to the bank.
C. 
Benefits. Any member who has exhausted his/her accumulated sick leave shall be eligible to request up to 10 benefit days from the bank on account of any one illness or injury upon submitting a written application therefor to the Town Administrator accompanied by a statement of the applicant's physician testifying to the illness or injury.
(1) 
Benefit days may be granted for any number of days, but in no event shall the Town Administrator grant more than 10 benefit days per application. Any addition to the number of benefit days previously granted shall require a new application.
(2) 
In no case will any benefit days be granted until the employee has been in a nonpay status for five workdays per event. An event shall mean a different illness or the recurrence of the same illness within a period of no less than four months apart.
(3) 
Unused benefit days from the bank shall be returned to the bank upon the employee's return to work or termination of employment.
(4) 
Applications shall be processed and considered in the order of receipt. In the event that the approval of one or more applications for benefit days would result in the depletion of the bank, the Town Administrator shall assign the benefit days remaining as equitably as possible among those members whose applications are then pending.
D. 
Criteria. In determining the granting of benefit days, the following criteria shall be applied:
(1) 
Employee's past usage (documentable abuse) of sick leave.
(2) 
Employee must have been hospitalized as a result of current illness or injury.
(3) 
Employee must be unable to perform his/her normal job, confirmed by written doctor's statement, for a minimum of three weeks from the initial onset of the illness or injury.
(4) 
Employee must use at least five days of accumulated sick leave for each separate event.
[Added 7-6-1994]
Coverage: All employees.
A. 
General policy (taken from the Berkshire County Chapter American Red Cross, AIDS Workplace Education Program Policy and Procedure Guidelines).
(1) 
We at the Town of Adams understand that most employees with disabilities, medical handicaps, or life-threatening illnesses such as cancer or AIDS benefit greatly from the normal routines of daily life.
(2) 
We understand that an employee's sense of self-esteem, worth, and good health are often enhanced by working at his or her regular job, despite a diagnosis.
(3) 
As long as you, our employee, are able to meet approved standards and job performance as set down in your job description, and as long as medical information indicates that your condition or handicap does not endanger you or other employees, all of our managers and supervisors will see to it that you are treated fairly and consistently with and by other employees.
(4) 
In light of these issues we still remind all employees, supervisors, and managers that:
(a) 
The health status of an employee is a private and confidential issue. Every reasonable step must be taken to protect the confidentiality of medical status and medical records.
(b) 
Our Town Administrator is the first source for information or answers to questions employees may have.
(c) 
We will make every effort to accommodate our employees because of the nature of their illness.
(d) 
We will not give special consideration to employees who feel threatened by another employee's condition, other than through our normal procedures.
(e) 
Working provides a therapeutic benefit for many persons diagnosed with handicaps or life-threatening illnesses. Continued employment of valued, productive employees helps the Town as well.
(f) 
In some cases we may request a physician's statement that a specific medical condition does not pose a threat to our work force. We also reserve the right to ask an employee to be examined by one of our approved physicians should we deem it necessary.
(g) 
We are an equal opportunity employer. We do not discriminate against any employee based on his or her handicap or perceived handicap under law.
[Added 7-6-1994]
Coverage: All employees.
A. 
General policy (taken from “Preventing Sexual Harassment in the Workplace, a Model Sexual Harassment Policy, Figure 321-A”).
(1) 
It is Town policy that all employees have a right to work in an environment free of discrimination, which encompasses freedom from sexual harassment. The Town strongly disapproves of sexual harassment of its employees in any form and states that all employees at all levels must avoid offensive or inappropriate sexual and/or sexually harassing behavior at work and will be held responsible for ensuring that the workplace is free from sexual harassment.
(2) 
Specifically, the Town prohibits the following:
(a) 
Unwelcome sexual advances.
(b) 
Requests for sexual favors, whether or not accompanied by promises or threats with regard to the employment relationship.
(c) 
Other verbal or physical conduct of a sexual nature made to any employee that may threaten or insinuate either explicitly or implicitly that any employee's submission to or rejection of sexual advances will in any way influence any personnel decision regarding that person's employment, evaluation, wages, advancement, assigned duties, shifts or any other condition of employment or career development.
(d) 
Any verbal or physical conduct that has the purpose or effect of substantially interfering with the employee's ability to do his or her job.
(e) 
Any verbal or physical conduct that has the purpose or effect of creating an intimidating, hostile or offensive working environment.
(3) 
Such conduct may result in disciplinary action up to and including dismissal.
(4) 
Other sexually harassing conduct in the workplace, whether physical or verbal, committed by supervisors or nonsupervisory personnel is also prohibited. This behavior includes but is not limited to commentary about an individual's body, sexually degrading words to describe an individual, offensive comments, off-color language or jokes, innuendoes, and sexually suggestive objects, books, magazines, photographs, cartoons or pictures.
(5) 
Employees who have complaints of sexual harassment by anyone at work, including any supervisors, co-employees, or visitors, are urged to report such conduct to Town officials so that the Town may investigate and resolve the problem. Employees may bring such matters to the direct attention of their supervisor or to the Town Administrator. If the complaint involves the employee's supervisor or someone in the direct line of supervision, or if the employee for some reason is uncomfortable in dealing with his or her immediate supervisor, the employee may go to another supervisor or directly to the Town Administrator.
(6) 
The Town will endeavor to investigate all complaints as expeditiously and as professionally as possible. Where investigation confirms the allegations, appropriate corrective action will be taken. The Town will make every attempt to maintain the information provided to it in the complaint and investigation process as confidentially as possible.
(7) 
There will be no retaliation against employees for reporting sexual harassment or assisting the Town in the investigation of a complaint. However, if after investigating any complaint of harassment or unlawful discrimination the Town learns that the complaint is not bona fide or that an employee has provided false information regarding the complaint, disciplinary action may be taken against the individual who provided the false information.