[Amended 5-8-2000 ATM by Art. 24; 5-14-2001 ATM by Art. 28]
A. This chapter shall be applicable to all persons in the service or employment of the Town of
Belchertown, except officials elected by popular vote, members of collective bargaining units, the Town Administrator, Library Director, Fire Chief and Police Chief and persons under the direction and control of the School Committee. Each person covered hereby shall receive the rate of pay and be subject to the provisions set forth in this chapter as determined to be applicable to him/her by the Personnel Board hereinafter established.
[Amended 5-10-2004 ATM by Art. 22; 5-14-2012 ATM by Art. 11; 6-12-2021 ATM by Art. 10]
B. Nothing in this chapter shall be construed to be in conflict with MGL c. 31, if applicable, or c. 150E. If a provision of this chapter shall be construed in its application to conflict with either of these statutes, the provisions of either or both of the statutes shall prevail.
C. It shall be the policy of the Town of Belchertown to provide equal opportunity to all qualified applicants and to all employees with respect to initial appointment, advancement, compensation and general working conditions without regard to age, as defined by law, race, creed, color, sex, national origin, disability, sexual orientation, as defined by law, genetic information, religion or any other legally protected class.
There shall be a Personnel Board consisting of five members to be appointed by the Moderator, each member to serve for a three-year term expiring on June 30 of the third fiscal year after his appointment, except that effective on July 1, 1995, one member shall be appointed for a two-year term and two members for a three-year term. Any vacancy shall be filled by appointment by the Moderator. The members shall serve without compensation. The Personnel Board shall elect a Chairman and a Clerk.
A. No person in the employ of or holding an official position in the Town government shall be eligible for appointment to the Personnel Board.
B. The Personnel Board has the conclusive authority to interpret this chapter and to decide all questions relating to its application. The Personnel Board shall make policies and issue regulations deemed necessary for the administration of this chapter.
C. The Personnel Board shall classify new positions until the next Annual or Special Town Meeting. Whenever the duties of any position become altered so as to warrant a change in its classification, the Board shall act to change such classification, which shall be temporary until approved at the next Annual or Special Town Meeting.
D. In case of emergency or operational necessity, the Personnel Board shall have the authority to fix the rates of pay and hours of work of employees, notwithstanding the limiting provisions of this chapter.
[Amended 5-14-2001 ATM by Art. 28]
E. The Personnel Board shall act as the Board of Appeals, as specified in §
91-7, to hear the grievances not covered by formal collective bargaining agreements.
[Amended 2-12-2001 STM by Art. 15; 5-14-2001 ATM by Art. 28; 5-12-2008 ATM by Art. 11]
A. There shall be established a Classification Appeals Committee comprised of five members consisting of the Town Administrator, the Town Accountant, one member of the Select Board to be selected by that Board, and two members of the Personnel Board to be selected by that Board. The Classification Appeals Committee shall be appointed as needed by the Select Board.
B. All appeals must be submitted in writing on the form approved by the Select Board and in accordance with the policy, procedures and deadlines established by the Select Board and currently in effect.
C. The Committee shall review all properly submitted appeals. The Committee may conduct interviews and hold such hearings as the Committee deems necessary to render a decision on the facts and merits of the appeal. The Committee may recommend an adjustment of classification not to exceed two grade levels.
D. The Committee will issue to the Select Board a report of its findings and recommendations. Implementation of the Committee's findings shall be retroactive to the date the appeal was filed.
E. The decision of the Classification Appeals Committee shall be final and not subject to further appeal.
[Amended 5-12-2008 ATM by Art. 11]
A. A grievance shall be defined as any difference between an employee, a supervisor, or the Personnel Board relating to the interpretation, application, or administration of this chapter and any questions as to whether the disciplining of an employee is reasonable. Should any employee or group of employees feel aggrieved, adjustment shall be sought as follows:
(1) Step 1: The employee shall take up the grievance or dispute by presenting it in writing to his Department Head or supervising committee/board within seven calendar days of the date of the grievance or his knowledge of its occurrence. The Department Head or supervising committee/board shall respond in writing to the employee within 14 calendar days.
(2) Step 2: If the grievance or dispute still remains unadjusted, it shall be presented to the Personnel Board in writing within seven calendar days after the Department Head or supervising committee/board response is due. The Personnel Board shall respond in writing within 30 calendar days of receipt of the grievance. With the exception of classification of positions, the decision of the Personnel Board shall be final and binding to all parties.
B. Grievances involving compensation shall be processed beginning with the Personnel Board.
[Amended 5-13-2002 ATM by Art. 30; 5-12-2008 ATM by Art. 11]
A. The classification of positions in the service of the Town, the establishment of a compensation plan, and its periodic updating are the responsibility of the Personnel Board subject to the approval of the Annual Town Meeting or a Special Town Meeting. No person shall be employed in a position covered by this bylaw except under the terms set forth in the bylaw.
B. All employees covered by this bylaw shall be employed in positions classified according to the Town's Classification-Compensation Plan (Appendix A). Any employee working a part-time hourly schedule shall be paid at the rate for the classification in which employed, based on the actual hours worked.
C. Part-time employees paid on an annual basis, and certain hourly positions, shall receive the rate of compensation according to the Town's Classification-Compensation Plan (Appendix A).
D. Persons appointed to a position shall be compensated at the minimum rate of compensation assigned to the classification level to which the position is allocated. Persons may be appointed above the minimum rate with the approval of the Personnel Board.
E. Probationary employees.
(1) Newly hired full-time and regular part-time employees shall be considered probationary employees during their first six months of continuous employment. A full-time or regular part-time employee retained beyond the probationary period shall be considered a permanent full-time or regular part-time employee. A full-time or regular part-time employee separated during the probationary period may be terminated without cause and without notice and shall not have recourse to the grievance procedure. The Town may extend the probationary period in its sole discretion provided that it shall notify the full-time or regular part-time employee of the reason for the extension of the probationary period and that said extension shall not be for an indefinite period. For the purposes of this paragraph, a regular part-time employee shall be an employee that is regularly scheduled to work 20 or more hours per week.
(2) Part-time employees that are regularly scheduled to work less than 20 hours per week, temporary, casual and seasonal employees are not subject to the probationary period, may be terminated without cause and without notice at any time and shall not have recourse to the grievance procedure, if terminated.
F. All employees are eligible for step increases on their anniversary date. Step increases are based upon satisfactory performance as determined by the department head or supervising committee. Step increases are not considered to be automatic or based upon length of service. If an employee did not receive the step increase on his/her first anniversary date, he/she will be eligible for the step increase six months following his/her anniversary date. This six-month review will apply for an increase from Step 1 to Step 2. The employee may then move to Step 3 on his/her second anniversary if they are deemed qualified to do so.
G. An employee's initial anniversary date will be determined by his/her first day of employment in a position. Employees whose positions have been reclassified with new job titles, but substantially the same responsibility, with no change in grade, shall keep their present anniversary date. Any reclassification with a change in grade will trigger a change in anniversary date.
H. Pay grade changes.
(1) A person in a classified position, on being appointed to a position of higher classification, shall receive a promotional pay increase at least equal to the next higher rate of pay. A person in a classified position, on being assigned to a position of lower classification, shall receive a demotional pay decrease at least equal to the next lower rate of pay.
(2) Employees who are at the top step of their grade and receive a reclassification or promotion to a higher grade shall, at a minimum, receive the difference between Steps 9 and 10 of their current grade. This difference will then be added to their current salary, and they will not receive less than this amount in their new grade.
(3) An employee subject to a change in grade, under any circumstance, shall be placed on the appropriate full step.
I. Annually, the Personnel Board shall review the Town's Classification Compensation Plan and may recommend to the Annual Town Meeting or to any Special Town Meeting such changes as the Personnel Board deems appropriate for said plan.
In the event of a reduction in force (layoff) of employees under this chapter, the following shall be in effect:
A. Employees shall retain their seniority and sick leave time, provided that they are rehired within two years (730 days) of the layoff date. Vacation time owed, but not personal days, will be paid.
B. Employees shall retain their seniority and sick leave time, provided they are re-hired within two years (730 days) of the lay-off date. An employee that is laid off will be compensated for his or her accrued, but unused vacation leave. An employee that is laid off will not be compensated for any other accrued, but unused leave, including, but not limited to, sick leave and personal leave.
[Amended 5-14-2001 ATM by Art. 28]