[HISTORY: Adopted by the Board of Selectmen of the Town of Adams 4-21-1993.
Amendments noted where applicable.]
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.
BREAK IN EMPLOYMENT
(1)
(2)
(3)
(4)
(5)
CONTINUOUS SERVICE
EMERGENCY EMPLOYEE
PART-TIME EMPLOYEE
PERMANENT FULL-TIME EMPLOYEE
PERMANENT PART-TIME EMPLOYEE
SENIORITY
TEMPORARY/SEASONAL EMPLOYEE
Definitions. As used in these rules and regulations,
the following terms shall have the meanings indicated:
Occurs in the following instances:
If an employee shall terminate employment with the Town of his own accord;
If an employee shall be discharged;
If an employee shall be absent in excess of five consecutive working
days without obtaining approval for such absence;
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
If an employee shall be absent due to a layoff of more than two years.
Employment by the Town without a break in employment.
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.
An employee that works on an irregular basis determined by the work
load in the department throughout the year.
An employee having established hours of work consisting of a minimum
of 35 hours per week for 52 weeks per year.
An employee having established hours of work consisting of less than
35 hours per week for 52 weeks per year.
The length of continuous service of an employee in Town employment.
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]
(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.
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:
(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:
(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:
(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:
(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.
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:
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:
(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.
