[HISTORY: Adopted as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-15-1991 STM, Art. 12 (Ch. XXII-B of the Town Bylaws)]
[Amended 4-9-2002 STM, Art. 3; 5-22-2021 ATM by Art. 1]
There shall be a Personnel Committee consisting of five members,
to be appointed by the Select Board. The Select Board shall appoint
from the registered voters of the Town members of said Committee to
serve for three-year terms. All duly appointed members of the Committee
shall continue as such until their successors are chosen. The Select
Board shall fill by appointment vacancies in the Committee at any
time occurring by reason of death, resignation, or any other cause.
No paid Town officer or paid Town employee shall be eligible to serve
on said Committee.
This bylaw shall be known as 'The Personnel Administration Bylaw"
and is hereby adopted pursuant to the foregoing authority.
Nothing in this bylaw or in the Classification and Compensation
Plan to which it refers hereinafter shall be construed to conflict
with Chapter 31 (Civil Service Law) or any other section or chapter
of the General Laws, and in the event of a conflict any such provision
of this bylaw shall be considered merely as information for the guidance
of the voters of Hopedale.
[Amended 4-9-2002 STM, Art. 3]
All Town departments and all positions in the Town other than
the School Committee and the positions under its jurisdiction (i.e.,
nonunion, civil service, noncontract, non-School Department) shall
be subject to the provisions of this bylaw and to those of the Classification
and Compensation Plan; provided, however, that the salary of elected
officials of the Town shall be established by vote of the Annual Town
Meeting in conformity with the requirements of MGL c. 41, §§ 108
and 108A.
This bylaw may be amended in accordance with existing laws,
Town regulations and the provisions set forth in the bylaw.
No amendment shall be made to this bylaw or to the Classification
and Compensation Plan until it has been presented by signed petition
to the Personnel Committee and has been acted upon by this Committee.
Upon receipt of such a petition, the Committee, after giving petitioners,
the heads of departments, and employees affected at least seven days'
written notice, shall hold a hearing of the parties interested to
consider the proposed amendment. Such a petition shall be presented
to the Personnel Committee not later than 60 days before a Special
Town Meeting and not later than December 15th for amendments to be
acted upon at the Annual Town Meeting. If the Committee fails to hold
a hearing within 15 days after receiving the petition or fails to
act upon a petition within 10 days after a hearing, the Committee
will be deemed to have disapproved the amendment. The petitioners
may then propose the amendment to the Town Meeting if they so desire.
The Committee may of its own motion, after similar hearings of the
parties interested, propose such amendments as it deems desirable
for efficient administration.
The Personnel Committee shall meet no later than June 15th each
year for the purpose of organizing and of electing from its membership
a Chairman for the ensuing year. At that meeting, the Board shall
also appoint a Vice Chairman and a Clerk for the ensuing year.
The Committee shall hold regularly scheduled monthly meetings
and such special meetings as may be required to properly conduct the
business of the Committee. Special meetings shall be called by the
Chairman or a majority of the members.
The Committee shall keep records of its meetings and other proceedings
sufficient for providing a record of continuity of the operations
from year to year. The records shall be kept by the Clerk of the Committee
and shall be kept in the Personnel Committee's file.
The Committee shall review annually the wage and salary schedule.
It shall keep informed as to the pay rates and policies outside the
Town and shall recommend to the Town any action which it deems necessary
to maintain fair and equitable wage and salary rates.
The Committee shall from time to time review all positions that
are subject to the provisions of the plan. Such reviews shall be scheduled
as to cover all positions at intervals of not more than three years.
The Personnel Committee shall administer the Classification
and Compensation Plan in accordance with the rules and regulations
set forth herewith and shall establish such policies and procedures
as it deems necessary for proper administration.
The Committee shall set up and maintain such records as are
prescribed in this bylaw and as it deems necessary or desirable for
proper functioning of the plan.
Department heads shall furnish such information as may be required
for the maintenance of Committee records. The Committee shall establish
administrative policies and procedures to implement the purposes of
this bylaw.
Policies and procedures may be amended or rescinded as deemed
necessary by the Personnel Committee. The Committee shall, upon request
by one or more department heads, hold a hearing of the parties interested
for the purpose of reviewing any policy or procedure.
Service records shall be established and maintained for all
permanent employees who are subject in any way to the provisions of
this plan. The record shall show the name, address, date of birth,
date of employment, veteran's status, if any, and a chronological
record of wage or salary progression, civil service and other ratings,
if any, and such other information as may be deemed necessary or desirable
for proper administration of the plan.
The Committee, subject to the approval of the Town at a regular
or Special Town Meeting, shall establish and amend from time to time,
as it deems necessary, a Classification and Compensation Plan in which
all Town positions, subject to the provisions of the plan, shall be
classified and in which the maximum wage or salary for each position
and the wage or salary for each grade of the position shall be prescribed.
In case of urgent necessity the appointing authority, with the
approval of the Personnel Committee and the Civil Service Director
when required by law, may anticipate formal action by the Town Meeting
by establishing new positions or new classes of positions and compensation
therefor, subject to subsequent early ratification by the Town at
Town Meeting.
No wage or salary shall be reduced as a result of the installation
of this plan. Wages and salaries above the maximum established in
the schedule shall become "personal rates" and shall apply only to
the present incumbents. Such wages and salaries shall not be subject
to increases until the maximum rate of the position becomes higher
than the personal rate.
Department heads, boards or commissions having Town employees
not otherwise exempted from this plan, under its jurisdiction shall
be responsible for seeing that the wages or salaries, benefits and
privileges received by those employees are in accordance with and
only in accordance with the Classification and Compensation Plan.
The Personnel Board shall establish, maintain and amend from
time to time, as it deems necessary, written definitions or job descriptions
for all positions appearing in the Classification and Compensation
Plan. Such definitions or descriptions shall describe the essential
nature of the work characteristics of the position which distinguishes
it from other positions. The description of any position shall be
construed solely as a means to identification and not as prescribing
what the duties or responsibilities of any position shall be.
[Amended 5-22-2021 ATM by Art. 1]
Any and all questions relative to the interpretation of this
bylaw be settled by the Personnel Board. (Select Board).
[Adopted 10-20-1992 STM, Art. I (Ch. XXII-A of the Town Bylaws)]
The Town of Hopedale is an equal opportunity employer and shall
not discriminate upon age, sex, color, ancestry, natural origin, sexual
preference, veterans status, handicapped, race or religion of an employee.
The following benefits policy is effective as of January 1, 1993.
A.
Except as otherwise provided herein, this bylaw shall apply to all
employees of the Town of Hopedale, including but not limited to:
(1)
Regular employees who are nonsalaried and are customarily scheduled
to work 37.5 hours or more per week;
[Amended 4-9-2002 STM, Art. 3]
(2)
Regular part-time employees who are nonsalaried and scheduled to
work 20 hours or more per week;
(3)
Salaried employees who are scheduled to work 37.5 hours per week
on a regular basis.
[Amended 4-9-2002 STM, Art. 3]
B.
These categories will determine an employee's eligibility for benefits
as specified by this bylaw. Part-time employees shall receive benefits
on a pro rata basis based upon the number of hours worked each week.
C.
Temporary employees who are nonsalaried and are hired to work for
a specified term of less than one year will not be eligible for any
fringe benefits.
A.
Each employee shall be credited as of his/her anniversary date with
a vacation leave with regular pay as follows:
[Amended 4-9-2002 STM,
Art. 3; 11-8-2005 STM, Art. 8; 5-21-2013 ATM, Art. 23]
(1)
After the initial six months of service, five days will be credited
and may be taken. After the second six months of service, an additional
five days will be credited.
(2)
For two through four years of service, as of his/her anniversary
date, 10 days of vacation will be credited.
(3)
For five years of service as of his/her anniversary date, 15 days'
vacation with pay.
(4)
For six years of service as of his/her anniversary date, 16 days’
vacation with pay.
(5)
For seven years of service as of his/her anniversary date, 17 days’
vacation with pay.
(6)
For eight years of service as of his/her anniversary date, 18 days’
vacation with pay.
(7)
For nine years of service as of his/her anniversary date, 19 days’
vacation with pay.
(8)
For 10 years of service as of his/her anniversary date, 20 days'
vacation with pay.
(9)
For 20 years of service as of his/her anniversary date, 25 days vacation
with pay.
B.
Vacations are to be taken within the 12 months following their being
earned and credited.
[Amended 4-9-2002 STM, Art. 3]
C.
At the discretion of the Department Manager (for emergency situations
only) one week of vacation leave of an employee can be carried into
the succeeding twelve-month period except that vacation earned within
the first 12 months of employment must be used within 12 months of
earning.
[Amended 4-9-2002 STM, Art. 3; 11-8-2005 STM, Art. 8]
D.
All requests for vacation leave must be submitted to department managers
for approval at least one week prior to the intended leave.
E.
There shall be no payment or other consideration made to an employee
for unused vacation leave, subject to the rules above, except that
should a person leave or retire in good standing, he/she shall be
compensated for the accrued vacation time, either by leaving the position
in advance of his/her last day so as to use all vacation days or,
at the convenience of the Town, shall be compensated for vacation
days remaining.
[Amended 4-9-2002 STM, Art. 3]
[Amended 5-21-2013 ATM,
Art. 22]
A.
All employees shall be granted one day's leave with pay for the following
holidays:
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New Year's Day
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Martin Luther King's Day
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Washington's Birthday
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Patriot's Day
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Memorial Day
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Independence Day
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Labor Day
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Columbus Day
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Veteran's Day
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Thanksgiving Day
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Day after Thanksgiving
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Christmas Day
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C.
Compensation shall be paid only for hours normally scheduled on that
day had the day not been a holiday.
A.
In the event of the death of the father, mother, spouse, sister,
brother, son (stepson), daughter (stepdaughter), grandchild, mother-in-law,
or father-in-law of an employee, said employee will be granted three
days' leave with pay for bereavement.
B.
In the event of the death of any other member of an employee's family
including but not limited to grandparents, aunts, and uncles, said
employee will be granted one day of leave with pay for attendance
at funeral services.
A.
Sick leave shall be accumulated at the rate of one day for every
month in which they receive compensation at the employee's then-current
rate of pay. Sick leave shall be used for illness or injury. An employee
shall be credited with the unused portion of sick leave up to a maximum
of 120 days if full-time.
(1)
The maximum of 120 days shall be prorated based upon the following
ratio:
|
Number of hours worked by an employee each week
37.5 hours
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X
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120 days
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(2)
Employees that regularly work between 20 and 37.5 hours per week
shall receive their max accumulation according to the formula. Example:
a thirty-hour-per-week employee would be eligible to accumulate 30
divided by 37.5 times 120 equals 96 days' sick leave. Employees that
are regularly scheduled for more than 37.5 hours per week shall not
be eligible for any additional max sick leave accumulation.
[Added 4-9-2002 STM, Art. 3]
B.
In no event shall an employee be entitled to receive payment or other
consideration for any unused sick leave.
C.
Work-related injury. When an employee is absent as a direct result
of a work-related injury which has been documented by the appropriate
department manager and has been properly reported, the following shall
apply:
(1)
If an employee has enough accumulated sick time he/she will be paid
his/her normal wages, minus any other compensation received for salary
for the injury. Upon return to work, all sick time used will be restored
to the employee plus accrued time during the illness and/or injury.
(2)
If an employee uses all of his/her sick time, he/she shall then receive
workers' compensation in accordance with state law.
[Amended 4-9-2002 STM, Art. 3]
D.
Wages and salary will not be payable whenever the disability and/or
illness of the employee is the result of an occupational or nonoccupational
accident for which the employee recovers damages from a third party.
In the event an employee is paid wages or salary for a period of disability/illness
that is later recovered by the employee from a third party or any
fraction thereof, he or she shall reimburse the Town for such wages
or salary.
A.
Each employee who has completed six months of continuous service
shall receive three days of personal leave with pay each fiscal year.
At the discretion of the department manager, an employee may elect
to use up to two of his/her personal days in four-hour periods of
absence from work provided that 48 hours' notice has been given to
the department manager.
B.
Personal days are noncumulative and cannot be used to extend vacation
leave nor shall payment or other consideration be paid to an employee
for such unused personal leave.
A.
There shall be a flexible system of compensatory time available to
each employee: salaried exempt, salaried nonexempt, and hourly nonexempt.
The purposes of the compensatory time are to allow employees to work
certain hours other than the normal work hours of the department for
the convenience of the employee and/or for the convenience of the
Town. The intent is to provide flexibility to an employee's work day
but does not create a right to receive compensation for hours worked
in excess of the employee's normal work day or work week.
[Amended 4-9-2002 STM, Art. 3]
(1)
Under this system, a maximum of 24 hours of uncompensated time (a
"credit hour") can be accumulated by an employee, and credited toward
any day, days, or portion of a work day. Salaried nonexempt employees
may only accumulate a maximum of 2 1/2 hours per week; any excess
must be taken off in that week or lost. Hourly employees will accrue
credit at time and 1/2 times the extra hours work (analogous to overtime)
for any time over 40 hours per week. Salaried exempt employees are
not constrained by the foregoing limits.
[Amended 4-9-2002 STM, Art. 3]
(2)
Compensatory time shall accrue and be used in increments of not less
than one hour. The accumulation and use of a credit hour must be approved
in advance by the department manager and must be used within 30 days
of the close of the fiscal year in which it accrues.
B.
An employee may use compensatory time with management approval provided
that 48 hours' notice has been given to the department manager or
to the individual's immediate supervisor.
C.
Compensatory time cannot be used to extend vacation leave.
