[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]