[HISTORY: As amended for adoption by the
Town Meeting of the Town of Belchertown 7-1-1976; revised for 7-1-1997. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 85.
A.
This chapter, which shall be known and cited as the
"Personnel Bylaw," is hereby adopted pursuant to the provisions of
MGL c. 40, § 21A and MGL c. 41, §§ 108A and
108C, and amendments thereof. This chapter shall be effective July
1, 1976.
B.
For the purpose of implementing the compensation plan
of this chapter, the anniversary date of all existing employees as
of the acceptance of this chapter shall be July 1, 1976.
[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]
[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.
A.
Hours of work. For all full-time employees covered
hereby, the hours of work shall be as follows:
(1)
For employees classified in Appendix A[1] as management, administrative or professional employees,
full-time nonexempt employees and Senior Services employees, the payroll
work week shall be Thursday through Wednesday. Full-time nonexempt
employees shall be required to work a forty-hour workweek.
[Amended 5-8-2000 ATM by Art. 24; 5-14-2001 ATM by Art. 28]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(2)
The foregoing provisions do not apply to part-time
employees.
(3)
In the best interest of the Town, any department head
or supervising committee may require an employee to work less than
40 hours per week, provided that the employee's weekly compensation
is reduced accordingly.
B.
Overtime. All full-time employees covered hereby,
except those classified as exempt, shall be eligible for overtime
compensation as follows:
(1)
Employees classified in Appendix A as nonexempt who
are required to work in excess of 40 hours in a seven-calendar-day
work period, Friday through Thursday, shall be compensated at the
rate of time and one-half for all hours worked in excess of 40.
[Amended 5-14-2018 ATM
by Art. 11]
(2)
Employees classified as management, administrative
management/professional and administrative professional in Appendix
A are not eligible to receive overtime compensation. Salaried employees
are expected to work the number of hours required to perform the duties
assigned to them.
(3)
Part-time employees shall be compensated at the rate
of time and one-half for all hours in excess of 40 in a seven-calendar-day
work period, Friday through Thursday.
[Amended 5-14-2018 ATM
by Art. 11]
(4)
An employee, after having completed his/her assigned
work and having left his/her place of employment, called back to work
for an emergency or public safety situation by his/her supervisor
prior to his/her next regular scheduled starting time will be guaranteed
a minimum of three hours' pay between April 1 and October 31, and
3 1/2 hours' pay between November 1 and March 31. Recall pay is not
intended to apply when an employee works extra hours that merge into
his/her regular work shift. Therefore, recall pay is not available
when an employee is called to report to duty before the start of his
regularly scheduled shift and he/she works until the regular shift
commences. Recall pay is not available when an employee is held over
to work after the completion of his/her regular shift.
[Amended 5-8-2017 ATM
by Art. 11]
A.
Eligibility.
[Amended 5-14-2001 ATM by Art. 28]
(1)
Employees who are regularly scheduled to work 35 hours or more per week shall be considered full-time employees and shall be eligible for the benefits under Subsection B, Benefits, upon the completion of 30 calendar days of employment. Benefit pay for full-time employees shall be prorated based on the average number of regularly scheduled hours worked in a week by the individual employee.
[Amended 1-18-2005 STM by Art. 21]
B.
Benefits.
(1)
Sick leave. All regular full-time and eligible part-time
employees covered by this chapter shall be eligible for sick leave
with pay as follows:
(a)
Sick leave with pay shall be earned at the rate of
1 1/4 days per month of full-time employment during the first
year of employment and thereafter to a maximum accumulation of 180
days. Accumulation in excess of 180 days shall be forfeited.
[Amended 5-14-2001 ATM by Art. 28]
(b)
Absences on account of sickness in excess of that
authorized under this section, or for personal reasons not provided
herein may, at the discretion of the Department Head, be charged to
vacation with the approval of the employee.
[Amended 5-14-2001 ATM by Art. 28]
(c)
For the protection of the Town, the Department Head
may require the presentation of a doctor's certificate in connection
with a claim for sick leave, and may, if it is deemed advisable, send
a doctor to investigate any absence alleged to be caused by illness.
If such a certificate of hospital or doctors' records are not filed
with the Department Head after request thereof, such absence shall
not be chargeable to sick leave.
[Amended 5-14-2001 ATM by Art. 28]
(d)
Subsequent certificates may be required at the discretion
of the Department Head, before or at the time of returning to work
to determine if the employee is physically fit. If such a certificate
of hospital or doctors' records are not filed with the Department
Head after request thereof, such absence shall not be chargeable to
sick leave.
[Amended 5-14-2001 ATM by Art. 28]
(e)
Employees having sick leave credit who are injured
on the job and receiving workers' compensation shall, upon request,
be granted such sick leave allowance payment as will, when added to
the amount of the workers' compensation, result in the payment to
them of their full salary in accordance with the provisions of Chapter
152 of the General Laws. The total dollar value in work days shall
be charged to sick leave credits accordingly.
[Amended 5-14-2001 ATM by Art. 28]
(f)
All regular employees covered by this chapter and
meeting the following qualifications shall receive $12 per day for
up to 180 days of unused accumulated sick leave in Belchertown during
his/her final year.
[Amended 5-14-2001 ATM by Art. 28; 5-13-2019 ATM by Art.
11]
[1]
Employees must be retiring after 15 years of
service with the Town of Belchertown.
[2]
Must have at least 100 days of unused accumulative
sick leave.
[3]
Must advise the Department Head at least 60
calendar days in advance of his/her intention to retire, unless retirement
is for medical reasons or is directly related to a reduction of the
work force.
(g)
Sick Leave Bank.
[Added 12-7-1998 STM by Art. 11]
[1]
Establishment of a Sick Leave Bank.
[a]
A Sick Leave Bank Committee will be established
and composed of five members: one Personnel Board member, to be appointed
by the Chairman of the Personnel Board; one Select Board member, to
be appointed by the Chairman of the Select Board; two Personnel Bylaw
employees; not more than one department head from the same department,
to be appointed by the Town Administrator; and the Town Accountant
or his/her designee.
[Amended 5-14-2001 ATM by Art. 28]
[b]
Upon the establishment of the Sick Leave Bank,
employees wishing to participate shall agree to donate three sick
leave days to the bank within 45 days of its establishment.
[2]
Decisions of the Sick Leave Bank Committee shall
not be subject to the grievance procedure.
[3]
No payment from the Sick Leave Bank shall be
made except on a regular warrant approved by the Select Board.
[4]
Request forms to use the Sick Leave Bank may
be obtained in the Town Administrator's office and should be submitted
there. Responses will be sent through the Town Administrator's office
to the employee involved, Personnel Board, Select Board and the Town
Accountant.
[5]
If a member of the Sick Leave Bank uses all
of his/her sick time due to illness or other permissible use and has
exhausted all of his/her personal and vacation time, he/she may receive
additional sick leave days from the Sick Leave Bank for legitimate
reasons, as deemed by the Committee, until such time as he/she accrues
more sick leave days of his/her own or exceeds the limits defined
below.
[Amended 5-14-2001 ATM by Art. 28]
[a]
Each eligible, benefited employee covered by
this chapter may become a member of the Sick Leave Bank by donating
three sick leave days to the bank within 45 calendar days of his/her
permanent, benefited employment under this chapter (after the six-month
probationary period). Each member of the Sick Leave Bank will also
agree to donate three additional days at the beginning of each fiscal
year thereafter, plus any days assessed by the Sick Leave Bank Committee.
A member may cease membership with the bank for a subsequent fiscal
year by giving written notice to the Sick Leave Bank Committee and
the Town Accountant by June 15 prior to the beginning of that fiscal
year.
[b]
Each member of the Sick Leave Bank may receive
up to 30 days of sick leave from the bank per fiscal year upon approval
of the Sick Leave Bank Committee. Additional days of sick leave from
the bank may be granted by a majority vote of the membership of the
Sick Leave Bank. If it is not feasible to receive this approval or
vote prior to a member's absence, the Town Accountant may withhold
the Sick Leave Bank of the employee for the days in question until
such time as a decision has been made. If the Sick Leave Bank Committee
or membership approves, the days shall be deducted from the bank's
total, and the employee shall be paid his/her Sick Leave Bank in full
for the days in question.
[c]
If the number of sick leave days in the bank
is depleted below 60 days, up to three additional days for the bank
may be assessed each member. No more than six days may be assessed
in any one fiscal year.
[d]
If the sick leave days in the bank equal or
exceed 300 days at the end of the fiscal year, the past members of
the bank will not be required to donate any additional days to maintain
membership for the following fiscal year.
[e]
If an employee who once decided not to join
the Sick Leave Bank decides to join in a subsequent year, his/her
initial donation to the bank must equal the total number of days that
he/she would have donated to the bank through the years had he/she
joined initially. In no case will this initial donation exceed 15
days.
[f]
No member of the Sick Leave Bank will be denied
continuation of membership in the bank because he/she has no sick
leave days of his/her own to donate to the bank when additional assessments
are made for the bank. His/her assessment will be made up at the beginning
of the following fiscal year.
[g]
On September 1 of each fiscal year, the Sick
Leave Bank Committee will inform the Town Accountant's office, in
writing, of the number of sick leave days donated by each member to
the bank and the number of days accrued by the bank itself according
to its records. The Town Accountant's office will advise, in writing,
the Sick Leave Bank Committee of the number of sick days accumulated
by each member.
[h]
All sick leave days accrued by a member of the
Sick Leave Bank over and above the maximum number of sick leave days
accruable according to this chapter (currently 180 days) shall automatically
be placed in the Sick Leave Bank at the beginning of each fiscal year.
[6]
The granting of sick leave from the bank shall
be subject to the same criteria as regular sick leave days and shall
be in all other respects consistent with the Town of Belchertown's
sick leave policy; provided, however, that such sick leave shall be
available only for the illness of the Town employee and not for illness
of his/her family.
[7]
Employees who are receiving workers' compensation
provided by statute shall not be eligible to apply for sick leave
from the bank.
(2)
Vacation.
(a)
All regular full-time employees and eligible part-time
employees covered by this chapter shall be eligible for vacation leave
to be credited on their anniversary date of each month as follows:
[Amended 5-12-1998 ATM by Art. 32; 5-14-2001 ATM by Art. 28]
[1]
Less than and including five years' completed
service as of the employee's anniversary date of the month: 5/6 day
per full calendar month employed during that twelve-month period.
[2]
More than five through and including 10 years'
completed service as of the employee's anniversary date of the month:
1 1/4 days per full calendar month employed during that twelve-month
period.
[3]
More than 10 years' completed service as of
the employee's anniversary date of the month: 1 2/3 days per
full calendar month employed during the twelve-month period.
[4]
More than 20 years' completed service as of
the employee's anniversary date: add one day per year over 20 years
to a maximum of 25 days at 25 years.
(b)
Vacation leave shall be granted by the appropriate
department head of the Town at such time as in his opinion will cause
the least interference with the regular work of the Town.
(c)
Vacation leave should be used prior to the employee's
next anniversary date. Vacation leave may be accumulated for two years
with the prior written permission of the appropriate department head
and the Personnel Board. Any accumulated vacation not taken prior
to the granted extension will be forfeited.
(d)
Employees eligible for vacation leave whose services
are terminated by dismissal, resignation, retirement or entrance into
the armed forces shall be paid for their accrued vacation.
(e)
Upon the death of an employee eligible for vacation
leave, payment shall be made to the estate or heirs of the deceased
for his accrued vacation.
(3)
Holidays.
[Amended 5-14-2001 ATM by Art. 28; 5-12-2003 ATM by Art. 19]
(a)
All full-time and eligible part-time employees shall
receive holiday pay for the following holidays: New Year's Day, Martin
Luther King Day, Presidents' Day, Patriot's Day, Memorial Day, Juneteenth
Independence Day (June 19), Independence Day, Labor Day, Columbus
Day, Veterans' Day, Thanksgiving Day, the day after Thanksgiving,
1/2 day before Christmas, Christmas Day, 1/2 day on New Year’s
Eve, and a floating holiday, notwithstanding the thirty-day eligibility
period.
[Amended 5-9-2004 ATM by Art. 18; 5-9-2016 ATM by Art. 11; 6-12-2021 STM by Art. 3]
(b)
The Town expressly reserves the right to call in employees
to meet its operational needs or in the event of an emergency.
(c)
An employee that is required to work on a holiday
shall be paid at 1 1/2 times his or her base hourly rate for all hours
actually worked in addition to his or her holiday pay. An employee
who actually works on Presidents' Day shall receive compensation at
two times the employee's base hourly rate for all hours actually worked.
In the alternative, an employee that is required to work on a holiday
may, with the approval of his or her supervisor, receive a special
holiday leave for each eight hours worked. Special holiday leave earned
for working on a holiday must be used in the same fiscal year in which
it was earned.
[Amended 5-8-2017 ATM
by Art. 11]
(4)
Insurance. All regular employees who work a minimum
of 20 hours per week, 52 weeks per year, are eligible to participate
in the Town's health and life insurance programs.
(a)
Health insurance is available with the Town paying
a percentage of the premium.
(b)
A life insurance policy of $5,000 is available with
the Town paying a percentage of the premium.
[Amended 5-12-2008 ATM by Art. 11]
(c)
The Town expressly reserves the right to alter, amend
or change all insurance benefits without notice, subject to its collective
bargaining obligations.
[Added 5-14-2001 ATM by Art. 28]
(5)
Retirement. All regular employees who work a minimum
of 20 hours per week, 52 weeks per year, must become members of the
Hampshire County Retirement System.
(6)
Bereavement leave.
(a)
In the event of death in the immediate family of an
employee, he/she will be granted leave with pay as follows:
[Amended 5-14-2001 ATM by Art. 28]
[1]
Four consecutive working days in the event of
the death of the mother, father, spouse or child of the employee.
[2]
Three consecutive working days in the event
of the death of a brother, sister, mother-in-law, father-in-law, grandmother,
grandfather or a family member residing in the household of the employee.
[3]
A single day may be granted by the department
head under unusual circumstances.
(b)
Bereavement leave shall not be charged to sick leave
or vacation leave.
(7)
Personal leave. All permanent employees shall be eligible
for three paid days of personal leave during the fiscal year. An employee
wishing to take a personal leave day shall request permission from
the head of the department or the supervising committee at least 48
hours in advance, except in emergencies. A regular full-time permanent
and eligible part-time employees may earn one additional day of personal
leave per year if he/she has used five or fewer days of sick leave
during the previous fiscal year.
[Amended 5-14-2001 ATM by Art. 28]
(8)
Court leave. All employees who are called for jury
service, or summoned on behalf of the Town when the employee is not
scheduled to work, shall be granted court leave with pay. If the jury
fees amount to less than that of the employee's regular rate of compensation,
he/she shall be paid by the Town an amount equal to the difference
between them. Notice of service shall be filed with the Department
Head upon receipt of the summons.
[Amended 5-14-2001 ATM by Art. 28]
(9)
Leave without pay. The Personnel Board may grant a
leave of absence without pay for periods up to one year in duration
if, in the Board's opinion, the service of the Town will not suffer
and/or when a suitable temporary replacement is available.
(10)
Maternity leave. Employees shall be eligible for maternity
leave in accordance with MGL c. 149, § 105D.
[Amended 5-14-2001 ATM by Art. 28]
(11)
Military leave.
[Amended 5-14-2001 ATM by Art. 28; 1-28-2002 STM by Art. 23]
(a)
Military training duties.
[1]
An employee of the Town who is a member of a
reserve component of the Armed Forces of the United States or the
National Guard shall be granted by his or her appointing authority,
a leave of absence to perform military training duties in accordance
with Massachusetts General Laws, Chapter 149, Section 52A. Such absence
for military training shall not affect the employee's right to receive
vacation, sick leave, and other benefits.
[2]
If said employee is full-time and has been in
the employment of the Town for at least one continuous year of service,
the Town will compensate the employee the difference between the employee's
base pay and the amount of military compensation and allowances received
by the employee during such period of training not to exceed 17 days
for each fiscal year. The employee shall provide the Town with appropriate
documentation as requested by the appointing authority.
[3]
All other employees shall be granted by the
appointing authority leave without pay for such period.
(b)
An employee of the Town who is in a nonprobationary
position, working at least 20 hours and is a member of a reserve component
of the Armed Forces of the United States or the National Guard, who
is ordered to active duty by the President of the United States for
a period of time exceeding 30 days shall receive the following benefits:
[1]
The Town shall place the employee on military
leave and compensate said employee the difference between his/her
base Military Reserve or National Guard pay and his/her normal gross
pay of the Town of Belchertown. This benefit is based on the employee's
normal work schedule, not including any overtime hours.
[2]
The Town shall extend said employee's health
insurance for the duration of the recall with employee's normal contribution
in place.
[3]
These benefits shall prevail for the duration
of the employee's said recall and is subject to annual review of continued
eligibility.
(c)
Any employee who is called to active duty or
enlists in the Armed Forces of the United States shall be entitled
to the rights provided under the Uniformed Services Employment and
Re-Employment Rights Act (USERRA).
(d)
Pursuant to § 1 of Chapter 137 of
the Acts of 2003, any employee who has been granted a military leave
of absence by the appointing authority because the employee is a member
of the army national guard, the air national guard or a reserve component
of the armed forces of the United States, called to active service
in the armed forces of the United States after September 11, 2001,
shall be entitled to receive pay at his or her regular base salary
as such a public employee, and shall not lose any seniority or any
accrued vacation leave, sick leave, personal leave, compensatory leave
or earned overtime. An employee eligible under this section shall
be paid his or her regular base salary as such a public employee for
each pay period of such military leave of absence after September
11, 2001, reduced by any amount received from the United States as
pay or allowance for military service performed during the same pay
period, excluding overtime pay, shift differential pay, hazardous
duty pay or any other additional compensation. For the purposes of
this section, the words "active service" shall not include active
duty for training in the army national guard or air national guard
or as a reservist in the armed forces of the United States.
[Added 5-10-2004 ATM by Art. 20[1]]
[1]
Editor's Note: This article also provided that the provisions of this section shall prevail over any inconsistent provisions in Subsection B(11), military leave, and that § 1 of Chapter 137 (of the Acts of 2003) and the provisions of this section "shall expire on September 11, 2005, unless extended by the General Court of the Commonwealth."
(12)
Uniforms.
(a)
The Public Works Department employees covered
by this chapter will be provided with uniforms and safety wear which
will be paid for and laundered by the Town as determined by the Select
Board.
[Amended 5-11-2015 ATM
by Art. 11]
(b)
Police dispatch personnel covered by this chapter
who are required to wear uniforms may have the required uniforms provided
by the Town with the prior approval of the Chief of Police.
(13)
Longevity.
(a)
All full-time employees covered by this chapter
will be eligible for longevity increments as follows:
[Amended 5-14-2001 ATM by Art. 28; 5-14-2007 ATM by Art. 12; 5-8-2017 ATM by Art. 11]
|
After 10 years of service
|
$850
| |
|
After 15 years of service
|
$950
| |
|
After 20 years of service
|
$1,150
|
(b)
The longevity increments will be paid on the
anniversary date of each employee on an annual basis. Any person who
voluntarily leaves the employment of the Town or who is terminated
for a period longer than 90 days and is rehired shall be considered
a new employee under this chapter.
(14)
Wastewater
weekend stipend. A wastewater treatment plant employee who is required
to work the weekend to provide coverage will be compensated a stipend
of $75 for each weekend worked.
[Added 5-8-2023 ATM by Art. 10]
[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]
