Article IV
Personnel Bylaw
The purpose of this Bylaw is to establish fair and equitable personnel policies for the Town of Framingham, together with a system of personnel administration based on merit principles that will guarantee uniform, fair and efficient application of those policies.
This Bylaw also recognizes the Town's moral and legal obligations to treat fairly and equitably, all of its citizens and employees, whether past, present or future, without regard or consideration to race, sexual orientation, color, religious creed, sex, age, national origin, ancestry or disability.
This article is adopted pursuant to the authority contained in Section 108A and 108C of Chapter 41 of the General Laws.
It shall be the duty of the Personnel Board to administer, govern, and interpret this Bylaw in such a manner as to accomplish said purpose.
All Town departments and positions shall be subject to the provisions of the article except positions under the supervision of the School Committee and positions which are filled by direct election. Employees subject to the Massachusetts Civil Service Laws or collective bargaining agreements are subject only to those provisions in this article which are not specifically regulated by Civil Service Law or bargaining agreement. Nothing in this article shall be construed to limit any rights of employees pursuant to M.G.L. Chapter 150E. This article is intended to be in accordance with all applicable state and federal laws. In the event of inconsistencies, the state or federal law shall apply.
As used in this article, the following words and phrases shall have the following meanings unless a different construction is clearly required by the context or by the laws of the Commonwealth of Massachusetts.
Appointment - The placement of a person in a position in the service of the Town.
Base Pay - The rate of pay established for a position by the Compensation Plan (hourly for hourly positions; weekly for weekly positions; annual for salaried positions), prior to inclusion of any employee-related longevity, differential or other special pay types.
Civil Service Law - M.G.L. Chapter 31 as amended and all rules and regulations made thereunder; and any special law enacted by the General Court regulating classifications, compensation and conditions of employment in service of the Town under M.G.L. Chapter 31.
Class - A group of positions in Town service sufficiently similar in respect to duties that one position title may be applied to all, that the same requirements may be used to determine qualification of employees, and that the same test of qualification may be used to choose qualified employees, and that the same scale of pay may be applied to all positions in the group.
Classification Plan - The classification plan established by Section 4 of this article, and by votes of the Town Meeting in relation thereto, under authority of M.G.L. Chapter 41, Sections 108A and 108C, as amended.
Compensatory Time - Paid authorized absence from work during normally-scheduled working hours administered to employees in lieu of payment for worked overtime hours, at the discretion of the appropriate department or division Head, and pursuant to the provisions of this article, any collective bargaining agreement and the United State Fair Labor Standards Act.
Continuous Employment - Uninterrupted employment in one or more consecutive permanent full time or permanent part time positions in Town service, from the first date of hire until the date of termination subject to adjustment due to unpaid leaves of absence, where appropriate: used as the standard of measure for determining benefit and leave eligibility.
Department - Any department, board, committee, commission, or other agency of the Town subject to this Bylaw.
Department Head - The officer, board, or other body having immediate supervision and control of a department and reporting to a Division Head or elected Board.
Division Head - The person having immediate supervision and control of a division within the Town, and reporting directly to the Town Manager.
Employee - Permanent full-time - one who fills a position which is considered to be ongoing for an indefinite period and who works the daily and weekly schedule of hours required for that department. Permanent part-time-one who fills a position which is considered to be ongoing for an indefinite period and whose job/position requirements are such that he or she is scheduled for 20 or more hours per week, but less that full-time hours. Temporary full-time - one who fills a position which is considered to be of limited duration with the employee working the daily and weekly scheduled hours for that department. Temporary part-time - one who fills a position which is considered to be of limited duration, filling a need in a Town department where the daily and/or weekly hours scheduled are less than that for full-time employees.
Exempt Employee - An employee whose position is not regulated by the provision of the U.S. Fair Labor Standards Act.
Fair Labor Standards Act - The United States Act first adopted in 1938, enforced by the U.S. Department of Labor, that sets minimum wage, overtime pay, equal pay, recordkeeping, and child labor standards for employees who are covered by the Act and not exempt from specific provisions.
Lateral Transfer - Transfer to a position of the same compensation grade as the original position before transfer.
Longevity - The length of an employee's continuous employment.
Non-exempt Employees - Employees whose employment is regulated by the provisions of the U.S. Fair Labor Standards Act.
Non-represented Employees - Those employees whose position titles are not included in a collective bargaining unit.
Overtime - Time worked in excess of a non-exempt employee's normally scheduled number of hours per day or week.
Pay Plan - The compensation plan established by Section 5 of this article, and by votes of the Town Meeting in relation thereto, under authority of M.G.L. Chapter 41, Sections 108A and 108C, as amended.
Position - A post of employment established in the Classification Plan of this article, with assigned duties and responsibilities.
Probationary Period - The first six months of employment is a probationary period. Prior to completion of the probationary period, an employee evaluation is completed, including a written recommendation relative to the retention or termination of the employee. If the employee's job performance is found to be unacceptable, the service of the employee may be terminated.
Promotion - A change from a position of lower class and compensation grade to a position with greater responsibilities in a higher class and compensation grade.
Range - A sum of money designated as compensation for hourly, weekly, monthly or annual employment services.
Rate - A sum of money designated as compensation for hourly, weekly, monthly or annual employment services.
Reclassification - A change made to a position title within the Classification Plan as a result of a change in duties required to be performed by the position.
Represented Employees - Those employees whose position titles are included in a collective bargaining unit.
Step/Step Rate - The rate(s) in the range of a compensation grade.
Section 4. Classification Plan
The official Classification Plans or positions in the service of the Town shall consist of the classes listed by titles in Schedule A which is incorporated as a part hereof.
The official Pay Plan, as provided in Schedule B which is incorporated as a part hereof, shall consist of the pay grades showing the minimum and maximum salaries or wages, with step rate increases therefore, to be paid to employees in positions allocated to the various classes in the Classification Plan. The pay grade for each class shall be the pay grade assigned to such class, as shown in Schedule A. Additional compensation shall be paid to employees in positions in certain classes, as provided in Schedule B.
Section 6. Amendments to Classification and Pay Plans
The Personnel Board shall recommend to the Town such amendments to the Classification and Pay Plans, to the provisions for administering such plans, and to this Bylaw, as it may deem the facts to warrant. The pay grades and additional compensation as provided in Schedule B, when and as adjusted by vote of the Town at Town Meeting shall be effective on the dates so recommended by the Personnel Board and approved by Town Meeting, except as provided in labor agreements between the Town and the various bargaining groups. The effective date for such changes for employees covered by the respective bargaining agreements, shall be the date as specified in the individual agreements.
Section 7. Personnel Board and Human Resources Director
There shall be a Personnel Board consisting of five members appointed by the Moderator. In making his/her appointments, the Moderator shall take into consideration the personal qualifications of those citizens who will best meet the responsibility of the Personnel Board to administer this Personnel Bylaw in the best interest of the employees and the citizens.
All members of the Personnel Board shall be residents of the Town and shall serve without compensation.
Each member of the Personnel Board appointed by the Moderator shall serve for a term of three (3) years beginning on the July 1st date following the expiration of the previous term. Each such member shall hold office until his/her successor is appointed in the manner provided above.
The term of service for two members shall expire on June 30th of the even year; the term of service for two members shall expire on June 30th of the odd year; and the term of service for one member shall expire on June 30th of the even year following the above odd year.
Any member while serving on the Personnel Board shall not at the same time be a Town employee, Town Meeting member, elected official of the Town, or member of any standing board, committee, or commission of the Town.
If any member shall resign or otherwise vacate his/her office (whether by ceasing to be a resident of the Town or by his/her candidacy and/or election as Town Meeting member, Town official, or by accepting other voluntary or paid Town position), his/her successor shall be appointed forthwith in the same manner as was the member so resigning or vacating. Such successor shall serve until the expiration of the term of the member so resigning or vacating.
The Personnel Board shall organize annually, as soon after July 1st or as soon as possible after the close of the Annual Warrant, whichever comes later, at the call of either the then Chairperson or the Town Moderator, and shall elect a Chairperson and a Clerk from among its members.
The Chairperson and Clerk shall each hold office until his/her respective successor has been elected. In the event of a vacancy in the office of the Chairperson or Clerk prior to the organization meeting, the Personnel Board shall elect a successor Chairperson or successor Clerk from among its members, such successor to serve until the next organizational meeting of the Personnel Board and until his/her successor has been elected.
The Personnel Board shall hold meetings at least once a month at such time as it may determine unless there is no current business before it. Additional meetings may be held at such times as the Personnel Board may determine.
Bylaw Administration - The Personnel Board may issue, amend, or repeal administrative orders, procedural rules, and regulations for the purpose of implementing powers and duties vested in it by this article and by votes of the Town Meeting pertaining to Town personnel matters. It shall monitor the administration of all aspects of this article and shall make such recommendations to the Town Meeting in respect thereto as said Board deems necessary, proper and prudent, to maintain the integrity of the operation and policies of this bylaw. All employees and elected officers shall comply with and assist in furnishing records, reports and other information requested by said Board.
Personnel Records Access and Maintenance - The Personnel Board shall have access to all facts, figures, records and other information pertaining to all Town departments and positions subject to this article, and shall be furnished with such information in the form it may require forthwith when requested from any such department, appointing authority or elected official.
Personnel System - The Personnel Board shall be responsible for the establishment and maintenance of a personnel system based on merit principles, to include but not be limited to: an updated classification plan; an annual compensation plan; staffing controls; policies and procedures for recruitment, selection, promotion, transfer, discipline and removal of employees; adjudication of personnel appeals, and any other elements as deemed appropriate or required by law.
7.1 The Town shall have a Human Resources Director who shall be appointed by the Town Manager, with the approval of the Board of Selectmen, who shall hold office for a term of three (3) years from the first day of July following appointment until a qualified successor is appointed, or until resignation or removal for cause on written charges preferred by the Town Manager and substantiated at a public hearing before the Personnel Board. The person appointed by the Town Manager to fill any vacancy, including the initial appointment, shall serve as interim from the date of appointment and qualification until the following July unless the Human Resources Director is appointed to serve a full term in addition to the interim term. The Human Resources Director's compensation shall be as established annually by the Town Manager, but shall not exceed the amount appropriated therefor by the Town.
7.1.1 The person appointed by the Town Manager shall possess ability and experience in the field of personnel administration, and shall devote the entire time during regular business hours to the duties of this office. The Director shall hold no other Town office or position, and upon becoming a candidate for any elective office in the Town, shall be deemed to have resigned as Human Resources Director.
7.1.2 Subject to the direction and supervision of the Town Manager, the Human Resources Director shall perform the following duties with respect to all positions and Departments having employees whose positions are subject to this Bylaw:
(a) Shall maintain the personnel records of all Town employees.
(b) Shall provide liaison between all Town Departments and the Personnel Board so as to keep its members fully informed of the policies and work rules of management and to provide them with information on matters before them for consideration.
(c) Shall assist the Personnel Board in making studies and in the administration of personnel matters under its jurisdiction.
(d) Shall have custody of all job descriptions and shall see that they are complete and current and accurately describe the duties which each employee is responsible for performing.
(e) Shall regularly review the Classification Plan and as required by the budget making process, shall prepare recommendations as to assignment of new positions and reassignment of existing positions within the Plan.
(f) Shall regularly review the Pay Plan and, as required by the budget making process, shall prepare recommendations as to adjustments in pay scales required generally by reason of changes in the cost of living or otherwise and as to specific adjustments required by reason of changes in the nature of the duties and responsibilities of particular positions or classes of positions.
(g) Shall, upon the request of any Town Department Head, prepare and assist in conducting training programs for the employees of that Department for the purpose of improving their effectiveness in their jobs.
(h) Shall, to the extent consistent with applicable grievance procedures, investigate the facts giving rise to grievances and make recommendations to the Personnel Board and to the representatives of the Town at any step of the grievance procedure.
(i) Shall make studies and recommendations to the Town Manager and the Personnel Board concerning action to improve working conditions and employee morale.
(j) Shall review all requests for leaves of absence for any purpose and shall recommend to the Town Manager and the Personnel Board what action should be taken thereon. No leave of absence shall hereafter be granted for any Town Department subject to this Bylaw to any employee for any purpose, with or without pay, unless the Personnel Board shall have previously voted to approve such leave and the conditions thereof.
(k) At the request of the Town Manager, to act for the Town in collective bargaining, shall make such studies as may be requested and shall participate to the extent requested by the Town Manager or those persons in collective bargaining on behalf of the Town.
(l) Shall maintain a record of all persons seeking employment with the Town and shall conduct a program of recruitment to obtain for the Town best qualified prospective employees. All Departments of the Town, subject to this Bylaw, shall forthwith notify the Human Resources Director of all vacancies as they occur in positions under the Town Pay and Classification Plans. Upon request from a Department Head or appointing authority, shall assist in the recruitment of prospective employees, and shall within 14 work days of receipt of such a request, provide a list of any persons who have signified interest in the vacant position, and then shall assist in the screening and selection as hereinafter more fully described in Section 16 of this Bylaw.
(m) Shall provide liaison as fully as may be permitted by law between Town Departments and those agencies of the Commonwealth, including the Civil Service Commission, having jurisdiction over any employee of the Town.
(n) Unless otherwise provided by law, shall administer all Town, including School Department employee benefit programs, including without limitation, workers' compensation, safety, and hospital and medical and life insurance programs.
(o) Shall maintain current organization and functional charts as supplied by each department, and where appropriate, assist departments to devise such charts reflecting the best organization structure for maximum utilization of available staff resources within each department.
(p) Shall administer the payroll system for the Town.
The Town Manager and/or the Personnel Board from time to time as it deems appropriate, shall investigate and review the work of all positions subject to the provisions of this Bylaw. It shall likewise make such studies of general pay rates in the areas, in comparable municipalities in the state and in comparable positions outside the service of the Town as it may deem appropriate. The Town Manager and/or the Personnel Board shall also consider such other factors as the change in the cost of living index and any other factors which in the opinion of the Town Manager and/or the Personnel Board may affect the general economic situation.
The Personnel Board may add a new class and salary or wage grade therefore to the Classification and Pay Plans by establishing such class and pay grade tentatively, and may also tentatively establish a new lower salary or wage grade for a class involving a single position being filled by a new employee, but subject in each case to ratification of such action no later than at the next Town Meeting by amendment of the Classification and Pay Plans.
The Personnel Board shall provide, and may amend from time to time, written definitions of the classes in the Classification Plan, each including statements describing the kind of work, the distinguishing features of the work and such illustrative examples of duties as may be deemed appropriate.
Section 10. Interpretation of Class Definitions
The definitions of the classes shall be interpreted as descriptive only and not restrictive. The definitions for any class shall be construed solely as a means of identifying positions properly pertaining to the class, and not as prescribing what the duties or responsibilities of any position of the class shall be, nor as modifying or in any way affecting the power of any administrative authority as otherwise existing, to assign duties to, or to direct and control the work of any employee under the jurisdiction of such authority.
Section 11. Records and Requisitions
The Human Resources Director shall keep such personnel records of all employees of the Town subject to the Classification and Pay Plan as the Personnel Board deems desirable. These records shall include the name, age, date of employment, Civil Service classification, if any, Town classification, title, and other pertinent data.
The Town Manager and Personnel Board shall be notified of all requisitions for persons to fill positions to perform duties under Civil Service classifications, and of all requests for transfers, promotions, changes in ratings, or other requests to the Director of Civil Service.
Section 12. Allocation of Positions to Classification and Pay Grade
The Personnel Board shall allocate each position subject to the provisions of the Classification and Pay Plans to its appropriate class and pay grade. Whenever a new position is established, or the duties of an existing position are so changed that, in effect a new position of a different class is substituted for the old position, the Personnel Board, with the approval of the department head, shall reallocate any class from pay grade to pay grade whenever such action appears warranted by reason of error in the allocation then in effect, or as a result of additional duties and changes the job content of the class. All such actions shall be submitted for approval to the next town meeting and shall not become effective until approved by Town Meeting. The Personnel Board shall afford reasonable opportunity to be heard to any employee or any department head affected by any allocation or reallocation.
Section 13. Titles of Positions
No person shall be appointed, employed, or paid as an employee in any position under the Classification and Pay Plans under any title other than that of the class to which the position is allocated. The title of each class shall be the official title of every position allocated to the class for all purposes having to do with the position as such, and shall be used to designate the position in all payrolls, budget estimates, and official records and reports, and in every other connection involving personnel and fiscal processes, but any abbreviation or code symbol approved by the Personnel Board may be used in lieu of the title to designate the classification of a position in any such connection.
Section 14. Step Rate Increases
A step rate increase between the minimum and maximum salaries or wages for all pay grades shall be the amount shown in the Pay Plan as amended.
Employees who are employed in any full-time or part-time positions within the Classification and Pay Plans and who have achieved a satisfactory performance record, shall be eligible to receive a step increase on the anniversary date of appointment to said positions.
No employee shall be entitled to any step rate increase authorized by this section except upon recommendation of his/her Department Head, subject to approval of the Human Resources Director. If a Department Head and/or the Human Resources Director refuses to recommend any increases authorized by this section, or fails to recommend such an increase within ten days following the date when any employee in the Department would otherwise be eligible therefor, such employee shall have the right of appeal to the Personnel Board who shall confer with such employee, and the Department Head before making final decision thereon.
A Reserve or Provisional Police Officer or Reserve or Provisional Firefighter shall be entitled to a step rate increase after he/she has served in the aggregate of 2,000 hours as Police Officer or a Firefighter, according to Police Department or Fire Department Warrants, and the certification of such service is made in writing by the Board of Selectmen to the Personnel Board.
An employee in a seasonal position within the Classification and Pay Plan shall be entitled to a step rate increase when he/she has completed a full season in the same position.
A step rate increase, as provided in this Section, shall be granted only until the employee attains the maximum salary or rate of the pay grade within the class to which his/her position has been allocated.
15.1 All departments employing temporary full-time or temporary part-time personnel shall list such personnel separately in the payroll Warrant, and shall certify as to the following:
"The personnel listed below in fact worked the hours specified and each employee performed the work of the class which is so specified. The rate paid herein is the minimum rate for each classification."
15.2 For the purposes of cost analysis and compilation of pertinent data and statistics, the Town payroll shall accurately itemize and separately reflect at least, the following information for all employees:
(a) Hours Worked
(b) Hours Paid for Sick Leave
(c) Hours Paid for Personal Day(s)
(d) Hours Paid for Bereavement Leave
(e) Hours Paid for Vacation Leave
(f) Holiday Pay
Section 16. Recruitment, Selection and Employment
16.1 All Department Heads shall give advance notice to the Human Resources Director, in such form as the Director may require, of all intentions to fill any vacancy within the Department.
16.2 The Human Resources Director who shall forthwith conduct an investigation gathering evidence and data with regard to said vacant position and report to the Town Manager and/or the Personnel Board with recommendations on whether said vacant position is needed or required; then the Town Manager shall determine whether the vacant position is to be filled, left vacant or eliminated and shall offer appropriate information to Town Meeting of their action.
16.3 Except as otherwise provided in labor agreements between the Town and the various bargaining units, the Human Resources Director shall initiate and assist the Department Head in the search for well qualified applicants.
The process of searching out and finding well qualified applicants shall be instituted among Town employees as well as all applicants, and when equally qualified applicants are found, preference shall be give first to a well qualified applicant which is already permanently employed within the department in which the position is to be filled and second preference shall be given to well qualified applicants who are employed in other Town Departments.
16.4 With the exception of Department Heads, all job qualifications shall be established jointly by the Human Resources Director and the Department Head and shall be adhered to as a minimum in filling the position. Such qualifications shall be delineated and described in terms of the minimum requirements necessary for an applicant to possess to qualify for the position. The specific qualifications shall relate to the functions and duties of the job to be performed.
Qualifications for Department Heads and other managerial personnel shall be established jointly by the Personnel Board and the appointing authority, with the exception of those positions to which a specific Bylaw applies, and shall be adhered to as a minimum in filling the position.
16.5 The Human Resources Director and staff shall assist the Department Head in the processing and screening of all applicants and the arrangement of interviews of all well qualified applicants.
16.6 Vacancy in any position within the Classification and Pay Plans may be filled by the Department Head with the consent of the Town Manager and/or the Personnel Board. The Personnel Board shall make a determination as to whether the applicant possesses the minimum qualifications for the position.
16.7 A vacancy in any Department Head position or managerial position shall be filled by the appointing authority with the consent of the Personnel Board. The Personnel Board shall make a determination as to whether the applicant possesses the minimum qualifications for the position.
16.8 The Personnel Board shall establish procedures for filling all positions and such procedures shall be followed by all departments within the Town. Such procedures may vary according to job classifications as appropriate.
16.9 When an employee is appointed on an acting or temporary basis, until such time as a permanent appointment is made, the employee may be paid on a temporary basis at a rate recommended by the Department Head and approved by the Human Resources Director.
16.10 When there is a need to fill any position listed within the Classification and Pay Plan on a temporary basis, except part-time seasonal employees in the Park and Recreation Department and in Loring Arena, the period of temporary employment for any person filling such a position shall not exceed a period of three months and no more than one temporary assignment may be made to an individual within one twelve month period. Any extension of the above three month period or additional assignment within a twelve month period may be made only with the prior approval of the Personnel Board.
The Human Resources Department shall be notified forthwith as to all vacancies to be filled in both temporary and permanent positions and the Human Resources Department shall assist in the recruiting, screening, and selecting of the persons to fill these positions.
16.11 No Department Head shall add or fill any temporary or seasonal position without the approval of the Human Resources Director. In the event the Human Resources Director approves any such position, the Human Resources Director will establish the appropriate pay rate therefor and the duration of the position and the Human Resources Director will determine the minimum qualifications in accordance with these bylaws of the individuals recommended to fill said positions by the appropriate authorities.
16.12 With regard to new personnel:
16.12.1 The starting compensation rate shall be step 1 of the grade level authorized for the job on the Classification Plan for which the new employee is hired unless otherwise authorized by the Town Manager and/or the Personnel Board.
16.12.2 For new personnel be they permanent full time or permanent part time, the first six months of employment shall be a probationary period. The employee while in the probationary period shall be eligible to participate in benefits for Town employees in the manner described below:
16.13 Employee Benefits
(a) Health Insurance - The Town will assume the costs of health plans it may offer its employees at the percentage agreed to in the manner established by M.G.L. Chapters 32B and 150E.
(b) Life Insurance - The Town will assume the costs of the basic group life and accidental death and dismemberment insurance it may offer its employees at the percentage agreed to in the manner established by M.G.L. Chapters 32B and 150E. Employees may purchase additional coverage at their own expense.
(c) Contributory Retirement System - Funds shall be deducted for retirement purposes and applied to retirement from the date of deduction.
(d) Vacation, Personal Days, Longevity - The initial date of hire will be date for determining eligibility for vacation leave, personal days, and longevity for such employee.
(e) Sick leave - Such employee will be permitted to use accumulated sick leave in the probationary period after he/she has completed one full calendar month of employment.
(f) Holidays- The employee who is in pay status the work day prior to and following the holiday will be paid for the holiday.
Section 17. Allowance for Vacation Leave
The following provisions are applicable only to bargaining unit employees unless the collective bargaining contract makes other provisions.
17.1.1 Except as to employees for whom other provisions have been made, any full-time permanent employee on the payroll as of 31 December, hired in that calendar year, and who continues on the payroll through 1 June of the year following the date of hire, but has less than 12 months service with the Town as of 1 June shall be granted one week's vacation leave plus an additional day for each full calendar month worked in the preceding year but not to exceed a total of two weeks of vacation leave.
17.1.2 Vacation leave of two weeks with pay shall be granted to such employee who has been employed by the Town for at least one year but less than five years. Eligibility for vacation shall be effective 1 June for those employees with less than two years of service.
17.1.3 Vacation leave of three weeks with pay shall be granted to such employee who has been employed by the Town for a minimum of five years but less than ten years. Eligibility for the third week of vacation shall be effective after anniversary date of such employee.
17.1.4 Vacation leave of four weeks with pay shall be granted to any such employee who has been employed by the Town for ten years and over.
17.1.5 A reserve or provisional police officer or a reserve or provisional firefighter who has served in the aggregate 1,000 hours or more in any calendar year shall be entitled to one week's vacation with pay.
17.1.6 Vacation may not be accumulated from year to year. The time for taking vacation shall be at the discretion of the Department Head, subject to the terms of any applicable collective bargaining agreement.
17.2 The following provisions are applicable only to non-bargaining unit employees
17.2.1 Except as to employees for whom other provisions have been made, regular full-time permanent employees shall be entitled to vacation with pay in accordance with the following schedule:
| Length of Continuous Service | Vacation with Pay |
| More than one (1) year but less than five (5) years | Two (2) weeks |
| More than five (5) years but less than ten (10) years | Three (3) weeks |
| Ten (10) years or more | Four (4) weeks |
| Twenty (20) years or more | Five (5) weeks |
Employees after completion of six months of service may take one (1) week's vacation which shall be charged against the two (2) weeks to which they are entitled after completion of one (1) year of continuous service, provided however, that this week shall be deemed earned only after completion of one (1) year of continuous service.
17.2.2 Permanent part-time employees working a regularly scheduled work week of twenty (20) hours or more but less than the established weekly hours for full-time employees shall be entitled to vacation with pay in the same proportion that their scheduled hours bear to the regular scheduled hours of full-time employees in their department.
17.2.3 Vacation must be taken in the year following the employee's eligibility. For example, an employee who completes two (2) years of continuous service on August 15 must take his/her two (2) weeks during the period August 16 through August 15 of the following year.
Vacation may not be accumulated from year to year without approval from the Personnel Board. The time for taking vacation shall be at the discretion of the Department Head.
17.2.4 An employee who is eligible for earned vacation leave under this Bylaw whose services are terminated for any reason, voluntary or involuntary, shall be paid vacation pay equivalent to any unused earned vacation leave credited to him/her at the time of his/her severance.
17.2.5 A vacation week shall be defined as a work week.
17.3 Upon receipt of written request from the appointing authority, the Town Manager has the discretion to permit vacation eligibility credit of up to four (4) weeks to new employees, based on length of service in previous employment.
The Town Manager may, with the concurrence of the Personnel Board and Finance Committee, upon the request of an employee's Department Head, grant a leave of absence for full-time study or research leading to a degree to any permanent employee which would enable him/her to increase his/her ability to serve the Town, such leave to be for a period not exceeding one (l) year at full or partial pay; provided, that prior to the granting of such leave, said employee shall enter into a written agreement with the Board of Selectmen that upon the termination of such leave he/she will return to the employment of the Town for a period to be determined by the Selectmen and that in default of completing such employment, he/she will refund to the Town an amount equal to such proportion of salary received by his/her while on leave as the period of employment not actually served as agreed bears to the whole period of employment agreed to be served.
19.1 For the protection of the Town, the Department Head of any employee who is absent from work by reason of sickness for more than three (3) consecutive days or, in the case of any employee who is absent on three (3) separate instances in a calendar year, all subsequent sick days shall, before authorizing payment for any part thereof, require of the employee the presentation of a certificate of a physician attesting to the fact and duration of such period of sickness. Any employee who is absent three (3) times during the year on a Friday/Monday combination shall on each subsequent absence from work be required to furnish a doctor's note.
19.2 The Department Head of every employee absent from work by reason of sickness for any period of time shall cause to be maintained an accurate record of the date of each such absence, whether or not the employee was paid for any part or all of such period of time. The information so recorded shall be part of the employee's permanent personnel records.
19.3 Any employee who fraudulently reports illness or injury in order to secure the benefit of sick leave with pay shall be subjected to disciplinary measures up to and including discharge.
19.4 After thirty (30) calendar days of absence due to prolonged illness or serious accident, a physical examination by a Town appointed physician or mental health specialist may be required at the discretion of the Department Head and/or the Human Resources Director, before and/or at the time of return to work. Employees who refuse to submit to a physician's examination for the purpose of determining a claim of sick leave or bodily injury shall not be entitled to sick leave.
19.5 Accrued personal sick leave may be used to supplement Workers' Compensation benefits.
Longevity pay shall be paid to any permanent employee in the Town service covered by the Classification Plan, at the rate of two hundred dollars annually after the completion of ten years of continuous service, and only after the completion of each successive year of service thereafter. An additional fifty dollars shall be paid annually for the completion of each additional five years of continuous service thereafter. Said longevity pay shall be due and payable within thirty (30) days after the anniversary date of completion of said service.
The continuous service of an employee shall not be deemed to have been broken by service in the Armed Forces of the United States providing such employee returns to the Town employment within two years of his/her service termination date, and provided further that the employee's time in the Armed Forces is limited to four years of service time unless it is involuntary service, in which case it may exceed four years.
Full-time employees of Town departments, except as provided in the respective labor agreements, shall work thirty-seven and one-half hours.
Any overtime hours shall be paid in accordance with Federal Fair Labor Standards Act.
Each employee covered by the Personnel Bylaw shall have his/her work performance and attendance record reviewed at least once each year. Such review shall be made immediately prior to the employee's work anniversary date with the Town. Said review, made by the employee's Department Head or appointing authority, shall be discussed with the employee and the employee shall be requested to sign his/her review sheet stating that he/she has read said review and further that his/her Department Head or appointing authority has discussed the contents thereof with him/her. After the employee has signed said review sheet, it shall then be forwarded to the Human Resources Department which department shall be responsible that said reviews are, in fact, done.
Nothing in this Bylaw shall be construed to conflict with Massachusetts General Laws, Chapter 31 as to those employees under the jurisdiction of Civil Service.
Section 24. Employment Physical
In order to deal constructively with the health of its employees in relation to their work, physical examinations may be required by the Town after a conditional offer of employment, reemployment or reinstatement, and transfer or promotion has been made to positions where the essential functions of the job require physical effort. All such medical examinations will be conducted in accordance with the provisions of the Americans With Disabilities Act.
Section 25. Non-Monetary Recognition
The Personnel Board may establish a system/method of non-monetary recognition for exceptional performance or contribution by one or more employees.
Section 26. Americans with Disabilities Act
As of July, 1992 all provisions of this Bylaw must conform to the requirements of the Americans with Disabilities Act. In keeping with the recommendation of the Report of the House Committee on Education and Labor (Report No. 101-485) the Town shall take all action necessary to comply with the Act.
Section 27. Disciplinary Actions
27.1 The Town shall follow a progressive disciplinary policy of oral and written warnings, suspensions, and termination's for cause. Department Heads may start the disciplinary process at any stage of the process with the approval of the Human Resources Director.
Section 28. Dispute Resolution
28.1 Any employee who feels aggrieved by the administration of any provision of the Bylaw may take the matter up with his/her immediate supervisor.
28.2 If the matter is not cleared up following a discussion with the immediate supervisor, the employee may submit a written complaint to his/her Department Head. The Department Head shall give the employee an informal hearing and attempt to reach a mutually satisfactory adjustment.
28.3 If the matter is not satisfactorily settled within two weeks after a written complaint is made, either party may submit the question to the Personnel Board. The Personnel Board shall take the matter under advisement, may hold a public or private hearing, and shall render a final and binding decision within thirty days.
Section 29. Employment Contracts
29.1 No Town Board or Commission may enter into a contractual relationship with anyone who is employed
in a position that is classified under this Bylaw, regardless of any law which may allow for or require
such contacts, without the express approval of the terms and conditions of such contract by the
Personnel Board. All contractual relationships of this type shall be reported to Annual Town Meeting by the
Board or Commission which sponsored such a contract.
