City of Melrose, MA
Middlesex County
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§ 56-1 Salary administration plan.

A. 
Established. There is hereby established a salary administration plan classifying the several positions in the municipal service into groups, establishing salary schedules and establishing a Personnel Board to administer such plan, as hereinafter provided.
B. 
Amendment. The salary administration plan may be amended in the same manner in which these ordinances may be amended, provided that no amendment of the salary administration plan shall be made unless a request therefor, in writing and signed by the petitioner or petitioners, is addressed to and submitted to the Personnel Board and a copy thereof is filed with the City Clerk.
(1) 
Upon receipt of such request, the Personnel Board shall hold a hearing thereon at which all persons interested shall be entitled to be present and heard. Written notice of such hearing shall be given, not less than three days preceding the date thereof, to the petitioner or petitioners and to heads of departments and employees affected. The Personnel Board shall, forthwith after such hearing, submit a report with recommendations to the Board of Aldermen, provided that, if 30 days shall have elapsed after such hearing without the submission of such report, the City Clerk shall submit to the Board of Aldermen the copy of the request filed with him or her, as aforesaid, for consideration and action, if the petitioner or petitioners so request the City Clerk in writing.
(2) 
In the case of an adverse decision by the Personnel Board, the petitioner or petitioners shall not submit a request for rehearing for the same cause within one year from the date of the decision in the prior hearing unless substantial evidence is produced to show such a rehearing should be granted. The Personnel Board may, of its own motion, after like notice to all persons interested and a hearing, submit to the Board of Aldermen a proposal for amending the plan.
(Rev. Ords. 1976, §§ 2-9 and 2-25; Rev. Ords. 1989, § 2-31; Ord. No. 97-181, 3-3-1997; Ord. No. 01-015, 11-20-2000)
State law reference — Officers and employees of cities, MGL c. 41.

§ 56-2 Classification schedule.

The positions of all officers and employees in the service of the City, whether full-time, part-time, seasonal, special, civil service or any others, other than those positions filled by popular election and those under the direction and control of the School Committee and of the Trustees of Pine Banks Park, are hereby classified by titles in the groups listed in the classification schedule as set forth at the end of this chapter.
(Rev. Ords. 1976, § 2-10; Rev. Ords. 1989, § 2-32; Ord. No. 97-181, 3-3-1997; Ord. No. 01-015, 11-20-2000)

§ 56-3 New or changed positions.

A. 
Whenever a new position is established or the duties of an existing position are so changed that in effect a new position is created, upon presentation of substantiating data satisfactory to the Personnel Board, the Board shall rate such new or changed position and allocate it to its appropriate group and establish the rate range therefor.
B. 
All positions vacant or which become vacant on or after June 30, 1978, shall remain vacant unless the Personnel Board shall make a determination that the position is necessary for the performance of an essential City service or responsibility. In making such determination, the Personnel Board shall consider, without limitation, the following:
(1) 
If elimination of the position would be significantly detrimental to the performance of an essential City service or responsibility;
(2) 
Whether the responsibilities of the position overlap, duplicate or conflict with the duties or responsibilities of another position either within or outside of the affected department;
(3) 
Whether the duties could be transferred to an existing and filled position, whether by reclassification or by the creation of a new position to replace two or more existing positions; and
(4) 
Whether the position should be converted to a part-time seasonal position.
C. 
The Personnel Board shall provide notice to the Mayor, the Board of Aldermen and the appropriate department head as to each determination made under this section.
D. 
The Mayor may authorize temporary appointments to vacant positions whenever in the Mayor's judgment an emergency or other circumstances exist which warrant an appointment without first submitting the position to the Personnel Board for review; provided, however, that no such position may be filled for more than 30 days without a determination by the Personnel Board as provided for in this section.
(Rev. Ords. 1976, § 2-11; Ord. No. 19865, 6-19-1978; Rev. Ords. 1989, § 2-33; Ord. No. 97-181, 3-3-1997; Ord. No. 01-015, 11-20-2000)

§ 56-4 Titles of positions.

No person shall be appointed, employed or paid as an employee in any position subject to the provisions of the salary administration plan under any title other than those of the classification schedule or under any title other than that of the job the duties of which are actually performed. The job title in the classification schedule of the plan shall be the official title for all purposes having to do with the position and shall be used to designate the position in all payrolls, budget estimates and official reports and in every other connection involving personnel and fiscal processes.
(Rev. Ords. 1976, § 2-12; Rev. Ords. 1989, § 2-34; Ord. No. 97-181, 3-3-1997; Ord. No. 01-015, 11-20-2000)

§ 56-5 Reclassification of employees.

No employee may be reclassified to a job in another group, either higher or lower, until the Personnel Board shall have determined that such a reclassification will be consistent with the provisions of the salary administration plan.
(Rev. Ords. 1976, § 2-13; Rev. Ords. 1989, § 2-35; Ord. No. 97-181, 3-3-1997; Ord. No. 01-015, 11-20-2000)

§ 56-6 Job descriptions and interpretation.

The Personnel Board shall maintain written job descriptions of the jobs or positions in the classification schedule of the plan, each consisting of a statement describing the essential nature of the work characteristics of the position that distinguish the position from other positions. The description for any position shall be construed solely as a means of identification and not as prescribing what the duties or responsibilities of any position shall be or as modifying or in any way affecting the power of any administrative authority, as otherwise existing, to appoint, to assign duties to or to direct and control the work of any employee under the jurisdiction of such authority.
(Rev. Ords. 1976, § 2-14; Rev. Ords. 1989, § 2-36; Ord. No. 01-015, 11-20-2000)

§ 56-7 Salary schedule.

A. 
The salary schedule of the salary administration plan shall consist of the maximum and minimum salaries, step-rate salaries or single-rate salaries for the groups and positions in the classification schedule and is set forth at the end of this chapter. The salary range of a group shall be the salary range for all positions classified in such group.
B. 
For the purpose of using an hourly pay rate for a reserve or regular patrolman, it shall be determined by dividing the weekly rate by the number of hours per week 40 of a regular patrolman.
C. 
For easier comparison and reference, weekly rates, in conjunction with annual rates, are shown in the salary schedule for all full-time positions. See legend showing controlling method of payment.
D. 
Irrespective of the period of time for which pay rates may be shown in the salary schedule, all employees shall continue to be paid on an hourly, weekly, monthly or other basis, as at present, unless otherwise authorized by the Personnel Board or by amendment of the salary administration plan.
(Rev. Ords. 1976, § 2-15; Rev. Ords. 1989, § 2-37; Ord. No. 01-015, 11-20-2000; Ord. No. 02-060A, 12-16-2002)

§ 56-8 Funeral leave.

All employees who are paid on an hourly basis, in the event of a death in their immediate family, shall be granted leave without loss of pay for three consecutive days commencing with the date of death. The employee shall not be required to return to work until the day after the funeral. For the purposes of this section, the term "immediate family" shall mean and include the following: mother, father, mother-in-law, father-in-law, sister, brother, spouse, child, brother-in-law, sister-in-law or relative residing within the employee's household.
(Rev. Ords. 1976, § 2-24; Ord. No. 97-181, 3-3-1997; Ord. No. 01-015, 11-20-2000)

§ 56-9 Sick leave, vacation, longevity and tuition reimbursement.

A. 
Full-time non-union employees shall accrue sick leave at the rate of 1 1/12 days per month of service (maximum of 13 per year, three of which shall be donated to fund a sick leave bank). Any sick days used prior to completing six months of service shall be paid back by the employee (deduction from paycheck) in the event that the employee quits or is terminated prior to completing six months of service. Part-time non-union employees, who work a minimum of 20 hours per week, shall be entitled to a pro-rated number of sick days.
B. 
Days of sick leave which are unused in any particular year may be accumulated for use in any subsequent year up to a maximum accumulation of 200 days.
C. 
Upon receiving the maximum accumulation of sick leave all additional days shall be donated to the funding of the sick leave bank, at which time any days of sick leave used during the subsequent year shall be subtracted from the maximum days. In no event will an employee be allowed to accumulate more than the maximum. Examples (assumes 200 maximum):
(1) 
Employee has 192 days accumulated at the end of 16 years of service. The employee goes into the 17th year with 200 (eight new days). If during the 17th year the employee is out sick five days, the employee would end the year with 195 days accumulated.
(2) 
Employee has 200 days accumulated after 17 years of service. The employee goes into the 18th year with 200, If during the 18th year the employee is out sick 15 days, the employee would end the year with 185 days' accumulation.
D. 
Employees may be required, upon the written request of their respective department head, to obtain a doctor's certificate verifying illness or injury, before the employee shall be entitled to sick leave as herein provided.
E. 
Effective July 1, 1996, whenever the employment of an employee is terminated by death or retirement, in accordance with MGL c. 32, after 20 or more years of continuous service in his or her department, such employee shall receive, subject to the conditions hereinafter provided, 25% of his or her unused accumulated sick leave days, up to a maximum of $4,000. For the purposes of this section, a "day" shall mean 1/5 of the employee's regular weekly rate of pay at the time of said retirement or death.
F. 
Sick leave bank.
(1) 
Effective January 1, 1996, a sick leave bank was established for all permanent members of the bank, as defined below, whose accumulated sick leave is exhausted due to a prolonged illness or injury.
(2) 
Once an employee accumulates 20 days of sick leave during a calendar year, the employee shall, on January 1 of the next calendar year, be considered a "permanent member" of the bank, and shall thereafter remain a member of the bank and entitled to all benefits and subject to all the obligations thereof regardless of the number of sick days thereafter accumulated.
(3) 
Each permanent member of the bank shall donate one sick leave day each year to fund the sick leave bank, except in the case where an employee enters the new calendar year with the maximum accumulated number of sick leave days, which is 200 days. In this case, the employee shall donate his entire 12 earned sick days for the subsequent year to the sick leave bank for use by any permanent member. Part-time non-union employees working at least 20 hours per week shall be included in this bank on a prorated basis.
(4) 
The sick leave bank shall be administered by a Sick Leave Bank Committee consisting of three members: the Human Resources Director, the City Clerk and a third person to be appointed by these two City officials. The Sick Leave Bank Committee shall determine the eligibility for use of the bank and the amount of leave to be granted, if any. All decisions shall be by majority vote.
(5) 
The following criteria shall be used by the Sick Leave Bank Committee in administering the Bank and in determining eligibility and amounts of leave:
(a) 
Adequate medical evidence of serious illness.
(b) 
Prior utilization of all eligible sick leave.
(c) 
Appropriate use of sick leave (indicative of current or prior abuse of sick leave).
(d) 
Length of service.
(6) 
The decision of the Sick Leave Bank Committee with respect to eligibility and entitlement shall be final and binding and not subject to appeal.
(7) 
No days may be withdrawn from the sick leave bank for use for any illness other than a prolonged illness. Days may not be withdrawn to permit the individual to stay at home to care for other members of the family.
(8) 
The initial grant by the Sick Leave Bank Committee shall not exceed 15 days.
(9) 
Application for benefits shall be made in writing on the appropriate application form to the Sick Leave Bank Committee accompanied by a doctor's certificate as to the need for and anticipated extent of recovery time.
(10) 
Sick leave buyback. Non-union employees shall be reimbursed for unused sick leave, regardless of whether they are permanent members of the bank, providing they are actively employed on December 31, in accordance with the following schedule. The schedule is to be recorded using the current year's sick leave days. The employees accumulated days begin being used after the current sick leave days are exhausted, therefore, will not be reimbursed under this program. Payments shall be made no later than February 15 of each year, commencing in January of 1995, for the days remaining as of December 31 of the preceding year, for the percentage of unused days, accumulated in the prior year.
(a) 
Employees receiving payment hereunder shall not have their sick leave charged.
(b) 
If employee uses:
[1] 
Less than 24.9% of available sick days: receives $50/day for remaining unused days.
[2] 
Between 25% and 49.9% of available sick days: receives $40/day for remaining unused days.
[3] 
Between 50% and 74.9% of available sick days: receives $30/day for remaining unused days.
[4] 
Seventy-five percent or more: zero reimbursement.
(c) 
In all instances, the applicable percentages shall be rounded down.
G. 
Medical day. One day per year per employee will be granted to both full-time and part-time non-union employees for the purpose of providing medical support to immediate family members. This provision does not apply to an employee seeking medical attention for himself or herself. Medical days as described in this section are not cumulative and will not be subtracted from earned sick days.
H. 
Personal days and birthdays.
(1) 
Personal days. Non-union employees will be allowed to take two personal days per year.
(a) 
If an employee is hired January 1 through April 30, the employee receives two personal days in that calendar year.
(b) 
If an employee is hired May 1 through August 31, the employee receives one personal day in that calendar year.
(c) 
If an employee is hired September 1 through December 31, the employee receives zero days in that calendar year.
(d) 
In the next calendar year, after hire, the employee will receive two personal days per year. Personal days must be used in the year they are earned; they will not be transferred to the next calendar year.
(2) 
Birthdays. Non-union employees shall be entitled to have their birthdays off with pay. The day off shall be the actual date of birth. It shall be at the discretion of the department head to allow an employee to take off a day other than the actual date of birth. A new employee must be employed for a minimum of six months before he or she can take his or her birthday off with pay. If a new employee's birthday falls in the first six months of employment he or she does not receive a day off with pay. Paid birthdays off will not be accrued or transferred to the next calendar year. If an employee's birthday falls on a Saturday, he or she shall be entitled to take Friday off with pay. If it falls on a Sunday, he or she shall be entitled to take Monday off with pay.
I. 
Vacation. The vacation allowance for full-time, non-union employees is as follows:
Length of Continuing Service as of Anniversary Date of Employment
Amount of Vacation
During the first year of continuous service (this vacation time does not accrue and cannot be used until the employee has completed six months of continuous employment)
1 week
More than 1 year of continuous service but less than 4 years
2 weeks
More than 4 years of continuous service but less than 8 years
3 weeks
More than 8 years of continuous service but less than 15 years
4 weeks
More than 15 years of continuous service
5 weeks
(1) 
Employees hired after January 1, 2004.
(a) 
New employees hired after January 1, 2004, will receive additional vacation days in the month of their first-year anniversary, with such vacation days to be used before the end of the then calendar year, according to the following schedule:
Anniversary Month
Number of Days
January
10
February
10
March
10
April
9
May
8
June
7
July
6
August
5
September
4
October
3
November
2
December
1
(b) 
Thereafter the new employee shall receive his/her allotment of vacation days on January 1 of each calendar year according to the following:
(2) 
After the first 12 months of continuous service, employees receive two weeks vacation on their anniversary date of hire. After this, vacation time is accrued on January 1. Additional weeks are accrued on the anniversary date of hire according to the above formula.
(3) 
All requests for vacation must be approved by the employee's department head so as to allow sufficient coverage within each department or office.
(4) 
Employees are not allowed to carry over vacation from one calendar year to another without specific written approval from the department head and the Mayor. In no event will carryover of vacation time exceed two weeks.
(5) 
New employees may take one week or less vacation time prior to their six-month anniversary under certain situations. Requests must be made in writing to the department head for approval. The approved request will then be forwarded to the Human Resources Department.
(6) 
Vacation must be taken within the calendar year in which it was earned. The "cutting" of vacation checks from one fiscal year to be paid from another fiscal year will not be permitted. For example, if someone decides on a two-week vacation period and such vacation will overlap into the next fiscal year, a request for an advance of the vacation pay payable in the current fiscal year would only be permitted through June 30. The vacation pay for the next fiscal year will only be available in the first pay period in July.
(7) 
Part-time, non-union employees who work a scheduled 20 hours per week or more shall be entitled to vacation benefits listed herein on a pro-rated basis.
J. 
Longevity. Additional compensation for continuous service with the City of Melrose shall be paid to regular full-time employees in accordance with the following schedule:
(1) 
In order to show its appreciation for the efforts of its employees who are not subject to collective bargaining agreements, the city has established a bonus that is added to the annual compensation of full-time employees who have worked for the city continuously for at least eight years. The following schedule reflects the longevity bonus that is available for all non-union employees who meet these longevity requirements:
Years of Continuous City Service
Annual Lump Sum Compensation
8 to 11
$575
12 to 15
$775
16 to 20
$975
21 to 25
$1,175
25 or over
$1,400
(2) 
Regular, part-time, non-union employees who work a scheduled 20 hours per week or more shall be entitled to longevity payments listed herein on a pro-rated basis.
(3) 
The determination of an employee's length of service shall be based upon the number of full years of continuous service, to be computed as of December 31 of the allowance year. Payment may be made at any time during December of each year, except that an eligible employee shall receive a pro-rated longevity allowance when an employee terminates his/her employment with the city. Said proration shall be based upon the time from the preceding December 31 of the allowance year to the date of his/her termination.
K. 
Tuition reimbursement. The City shall, if funds are available, fund up to $5,000 for non-union employees, each fiscal year for the purpose of reimbursement for tuition (and if funds are available, books, materials and registration) upon successful completion of department-related studies, approved in advance by the appropriate department head and/or City Administrator. Successful completion means no lower than a "C" grade in courses which give grades and a "pass" in a course which gives pass/fail grades. Said course must be completed through an accredited school.
(Ord. No. 97-181, 3-3-1997; Ord. No. 01-015, 11-20-2000; Ord. No. 01-222, 6-4-2001; Ord. No. 04-160, 3-8-2004)

§ 56-10 Civil service laws.

Nothing in this chapter shall be construed to conflict with Chapter 31 of the General Laws of Massachusetts relative to civil service.
(Rev. Ords. 1976, § 2-26; Ord. No. 97-181, 3-3-1997; Ord. No. 01-015, 11-20-2000)

§ 56-11 Personnel board.

A. 
There shall be a Personnel Board to administer the salary administration plan consisting of five members, other than City employees, elected officials or those serving the City in an appointive capacity, to be appointed by the Mayor subject, within 14 days of their appointment, to confirmation by the Board of Aldermen. They shall serve without compensation. The Mayor shall, not later than the first day of May of the year in which the term of a member will expire, so appoint his or her successor for a term of three years from the first day of June next following. If a members resigns or his or her office becomes vacant by reason of his or her removal from the City or other cause, the Mayor shall so appoint a successor for the balance of the unexpired term of such member. All members shall continue to hold office until their successors have been appointed and qualified. The Personnel Board may employ assistance and incur expenses as it deems necessary, subject to appropriation of funds therefor.
B. 
Powers and duties.
(1) 
The Personnel Board shall administer the salary administration plan and shall establish such policies, procedures and regulations as it deems necessary for the administration of the plan.
(2) 
The Board shall annually, in June, meet and organize by the choice of a Chairperson and Clerk. A majority of the Board shall constitute a quorum for the transaction of business. The votes of a majority of all the members of the Board shall be necessary on any matter upon which it is authorized or required to pass under the salary administration plan.
(3) 
The Personnel Board shall maintain personnel records of all employees subject to this plan, including therein such information as it deems desirable. Such records shall be kept by the City Auditor under the direction of the Board. Department heads shall furnish such information as shall be requested by the Personnel Board for this purpose.
(4) 
The Personnel Board, from time to time, shall review the work of all positions subject to the salary administration plan. Such reviews shall be so scheduled as to cover all such positions at intervals of not more than three years. The Personnel Board may tentatively add a new position to the classification schedule or reclassify an existing position to a different group, either higher or lower, subject to the subsequent ratification of its action by formal amendment of the salary administration plan by the Board of Aldermen, following submission of the annual report of the Personnel Board.
(5) 
The Personnel Board shall, from time to time, review the salary schedule and administration policies of the salary administration plan. It shall keep informed as to pay rates and policies outside the service of the City and shall recommend to the Board of Aldermen any action which it deems desirable to maintain a fair and equitable pay level.
(6) 
Upon recommendation of a department head, supported by evidence in writing of special reasons and exceptional circumstances satisfactory to the Personnel Board, the Board may authorize an entrance rate higher than the minimum rate for a position and such other variance in the salary administration plan as it may deem necessary for the proper functioning of the services of the City. No variance shall become effective unless or until the necessary funds have been appropriated therefor.
(7) 
The Personnel Board shall make an annual report in writing to the Mayor and the Board of Aldermen on or before January 31 of each year.
(Rev. Ords. 1976, § 2-27; Ord. No. 97-181, 3-3-1997; Ord. No. 01-015, 11-20-2000)