Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
Town of Plainville, MA
Norfolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of Plainville 6-6-2011 ATM by Art. 27.[1] Amendments noted where applicable.]
[1]
Editor's Note: See also Ch. 1, Art. II, § 1-6.
This Personnel Bylaw is hereby established for the Town of Plainville under the authority of MGL c. 40 and c. 41, §§ 108A and 108C. The provisions of this bylaw, except as is otherwise provided herein, shall apply to all employees of the Town, except employees under the direction and control of the School Committee or employees governed by collective bargaining agreements. Nothing in this bylaw shall be construed to conflict with any provisions of MGL c. 31 or other provisions of the General Laws.
As used in this bylaw, unless otherwise expressly provided or unless a different construction is clearly required by the context or by the provisions of the General Laws, the following words and phrases shall have the following meanings:
ADMINISTRATIVE AUTHORITY
The elected official or board or the appointed official having jurisdiction over a function or activity.
BOARD
The Personnel Board as defined in § 515-3 hereof.
CLASSIFICATION PLAN
A plan classifying all positions, other than those filled by popular election and those under the direction and control of the School Committee, into groups and classes doing substantially similar work or having substantially equal responsibilities.
COMPENSATION PLAN
A plan establishing the rates of compensation to be paid to employees in positions established under the classification plan.
CONTINUOUS EMPLOYMENT
Full-time employment which is uninterrupted, except for absences on military leave, vacation leave, sick leave, court leave and other authorized leaves of absence provided for herein.
DEPARTMENT
Any department, board, committee, commission, or other agency of the Town employing persons who are subject to this bylaw.
DEPARTMENT HEAD
The board, committee, commission or person having supervision and control over a department.
EMPLOYEE ORGANIZATION
Any lawful association, organization, federation or council having as a primary purpose the improvement of wages, hours and other conditions of employment.
FULL-TIME EMPLOYEES
A full-time employee is one who is appointed as a full-time employee. The employee will work on a regularly scheduled basis for not less than 35 hours a week for 52 weeks per year.
HOLIDAY PAY
Pay authorized for holidays in accordance with the provisions of this bylaw.
OVERTIME
Hours worked by a full-time employee in excess of his regularly scheduled workday or workweek.
PART-TIME EMPLOYEES
A part-time employee is one who is employed to work for periods of time less than that prescribed for a full-time employee, but who regularly works no less than 20 hours per week.
PERSONAL LEAVE
Pay authorized for personal day(s) off in accordance with the provisions of this bylaw.
PROMOTION
A change from a position of lower classification and compensation to a position of higher classification and compensation.
SEASONAL EMPLOYEE
A seasonal employee is one who is employed in a position which is filled only on a seasonal basis.
TOWN
The Town of Plainville.
VETERAN
A person who is a veteran within the meaning of MGL c. 31, § 21.
A. 
Membership. A Personnel Board shall be responsible for the administration of this bylaw. The members of the Board of Selectmen shall serve as the Personnel Board.
B. 
Proceedings. The Board shall keep a record of its official proceedings and actions and shall establish its own rules of procedures. Two members shall constitute a quorum for the transaction of the business of the Board, and the affirmative vote of two members of the Board shall be necessary for any official act of the Board.
C. 
Staff. The Board, subject to appropriation of funds thereof, may employ such professional and clerical assistance as it deems necessary for the performance of its duties.
The Board shall perform the following duties:
A. 
Administer the provisions of this bylaw, except for such duties as may be specifically assigned by statute or by Town bylaws to other Town officers or boards, and decide all questions relating to the interpretation and application of this bylaw.
B. 
Maintain personnel records of all Town employees, including elected and appointed officials. Said records shall contain all the vital statistics and other pertinent data on each such employee and shall be kept in the Town Hall. It shall be the duty of each Town official and employee to furnish to the Board, upon its request, such information as is required for the completion of personnel reports.
C. 
Investigate from time to time, but at intervals not exceeding three years, the compensation of any and all positions subject to this bylaw; hold hearings for that purpose if such are deemed necessary; and recommend such amendments to the classification and compensation plans and other provisions of this bylaw as the results of its investigation and hearings shall warrant.
D. 
Maintain written class descriptions or specifications for the classes established in the classification plan. Such descriptions or specifications shall describe the essential nature of work and the characteristics that distinguish one class from another.
E. 
Authorize, upon the recommendation of a department head and supported by evidence in writing of special reasons and exceptional circumstances satisfactory to the Board, an entrance rate for a position higher than the minimum or any other variance to the classification and compensation plans it may deem necessary for the proper functioning of the services of the Town, but no such variance shall become effective until funds have been appropriated therefor.
F. 
Administer the classification and compensation plans.
G. 
Determine which class and job title under the classification plan is applicable to any employee.
H. 
Reclassify a position to be found classified under an incorrect title, provided that the incumbent thereof has been given an opportunity to be heard and the recommendation of the department head has been obtained.
I. 
Establish a job title and compensation rate for each new or changed position, subject to the receipt of explanatory and substantiating data relative to the content of the position in such form as the Board shall require. Any new classes or titles added to the classification plan as a result of the Board's action shall be subject to ratification by vote of the Annual Town Meeting.
J. 
Recommend to the Town any changes in this bylaw, including the classification plan and compensation plan, which it considers necessary and desirable.
K. 
Represent the Town, when designated by the Board of Selectmen to do so, in collective bargaining with employee organizations under the provisions of MGL c. 150E.
L. 
Make an annual report in writing, said report to be printed in the Annual Town Report for the information of the voters and employees of the Town.
A. 
Authority. This section establishes the classification plan of the Town within the meaning of MGL c. 41, § 108A.
B. 
Classification of existing positions. All positions in the service of the Town, except those filled by popular election, those governed by collective bargaining agreements, and those under the direction and control of the School Committee, are hereby classified by titles in groups as set forth in Appendix A, which is attached hereto and made a part hereof.
C. 
Classification of new positions. Whenever a new position is established or the duties of an existing position are so changed as in effect to create a new position, the Board, upon receipt of satisfactory substantiating data, shall allocate such new or changed position to its appropriate class. No position shall be reclassified until the Board has determined that such reclassification will be consistent with the classification and compensation plans.
D. 
Title of class. The title of each class, as established by the classification plan, shall, except as otherwise provided herein, be the official title of every position allocated to the class and the official title of each incumbent of a position so allocated, and shall be used to the exclusion of all others on payrolls, budget estimates and other official records and reports pertaining to the position. If, in the case of any position subject to the Civil Service Law, a different title for the position shall be established by the Director of Civil Service, such title shall be the official title of the incumbent of the position and shall be used in lieu of the title established in the classification plan.
E. 
Classification descriptions and qualifications. The Board shall establish, maintain and amend from time to time, as it deems necessary, written definitions or job descriptions for each class of positions established by the classification plan. Said definitions or job descriptions shall describe the essential character of the duties and responsibilities of positions properly allocated to the class with illustrative examples of work, where desirable, setting forth the minimum qualifications for entrance to positions of the class. Such definitions or job descriptions shall be descriptive only and, except as provided herein with respect to minimum qualifications, not restrictive. They shall serve to define the scope of the several classes and not to prescribe in detail the duties or lines of promotion of any individual position. In the case of classes of positions subject to the Civil Service Law, the minimum qualifications of employment shall be those approved by the Director of Civil Service. In the case of all other classes of positions, the minimum qualifications for allocation thereto shall be prescribed by the Board and shall be based upon the following:
(1) 
The minimum qualifications recommended to the Board for classification purposes by department heads.
(2) 
An examination by the Board of the work content of positions allocated to the class.
(3) 
The Board's study of comparable positions in private employment, in the service of other municipalities and in the state service.
A. 
Authority. This section establishes the compensation plan of the Town within the meaning of MGL c. 41, § 108A.
B. 
Determination of compensation. The compensation of each employee of the Town, except elected officials and employees under the direction and control of the School Committee, shall be determined in accordance with and shall conform to the wage schedules and rate of compensation and the effective dates thereof established for the different positions set forth in this section and said Appendix A. The Board shall determine in accordance with the provisions of this section and said wage schedules and rates of compensation the rate of compensation of each such employee.
C. 
Present employees. Each employee presently employed for whose position a wage schedule has not been established for the position in which he is employed. Each employee presently employed for whose position a wage schedule has been established shall be placed at the proper step on the wage schedule for the position in which he is employed in accordance with the number of years of his continuous employment in such position by the Town.
D. 
Periodic step increases. Each employee for whose position a wage schedule has been established shall receive a step increase to the next higher rate within his wage schedule upon the completion of 52 workweeks of creditable service as defined in Subsection E next below; provided, however, that his work performance for said period of 52 weeks has been satisfactory.
E. 
Creditable service for step increases. Service which is creditable in the computation of said 52 workweeks required before an employee is eligible for a step increase shall include the following:
(1) 
Continuous full-time or part-time paid employment, including periods of vacation leave, sick leave or other leave with pay.
(2) 
Leave without pay or other periods of absence in a nonpay status, not to exceed the equivalent of 30 workdays within said fifty-two-week period. If the total of an employee's leave without pay or other absence in a nonpay status is in excess of said 30 workdays, he must serve in a pay status in excess of 30 workdays in order to meet the length of service requirements for a step increase.
(3) 
Active military service when otherwise creditable service was interrupted.
F. 
Effective date of step increases. Step increases shall be made effective at the beginning of the next pay period following the completion of the required waiting period.
G. 
New employees. Except as is otherwise provided herein, a new employee of the Town shall be paid at the minimum rate of the wage schedule for the position in which he is employed. Upon the recommendation of a department head, supported by evidence in writing of special reasons and exceptional circumstances satisfactory to the Board, the Board may authorize for a new employee an entrance rate higher than the minimum rate established for the position in which he is to be employed. In addition, an employee who is transferred from a position subject to the Civil Service Law in another town or city to the same type position in this Town, shall be credited with all years of previous experience in such positions and shall be placed at the proper step on the wage schedule for such position in accordance with the number of years of his experience.
H. 
Promotion. In the event an employee is promoted from one position in the classification plan to another position in such plan, he shall be placed at the step on the wage schedule for the position to which he is being promoted which provides him with an increase in compensation which is not less than the amount of the next step increase to which he would have been entitled had he remained in the position from which he was promoted.
I. 
Elected official. The compensation of elected officials shall be established annually by vote of the Annual Town Meeting.
J. 
Public Safety Director pay. The Police Chief may be assigned the additional duties and responsibilities of Public Safety Director. Such assignment of duties and responsibilities shall be made by written mutual consent between the Police Chief and the Board of Selectmen. The scope of the assigned duties and responsibilities of Public Safety Director shall be limited to those duties and responsibilities which may from time to time be assigned by the Board of Selectmen and which are further limited to the administration of financial and personnel issues within the Fire Department as opposed to issues which are prescribed to the "head of the fire department" as defined in MGL c. 148. Such assigned duties and responsibilities shall be in addition to those duties of Police Chief, and for which he shall receive $195 per week in addition to his regular pay during any period for which he is assigned the additional duties and responsibilities of Public Safety Director. Nothing in this section shall be construed in such a manner so as to be in conflict with MGL c. 31 or 148.
A. 
Conditions. The employment, promotion and transfer of Town employees shall be subject to the following conditions:
(1) 
No permanent full-time employment in or transfer to a paid appointed position in the service of the Town shall take effect until the same has been approved by the Board as being in compliance with the requirements of the classification plan, compensation plan and other provisions of this bylaw. In the case of an emergency declared by the Board of Selectmen, a department head may, subject to the limitations of the department's appropriation and without prior approval of the Board, employ on a temporary or part-time basis employees in positions at the minimum rate of the appropriate wage schedule.
(2) 
No employment or promotion hereunder shall become effective until such time as the appropriation or other funds out of which the compensation therefor is to be paid shall be sufficient.
(3) 
No promotion shall be approved by the Board until it shall have been first approved by the department head of the department in which the employee being considered for promotion is employed.
(4) 
In the event of a reduction of the work force, layoffs shall be accomplished in accordance with the seniority of employees. Employees with the least seniority shall be laid off first and rehired last. In the event the employee is to be rehired, he is to be rehired at the same step the employee was on at the time of the layoff.
B. 
Physical examination of job applicants. Every applicant for permanent appointed employment by the Town shall, prior to his employment, be examined by a physician designated by the Town; such physician shall report to the Board in such form as the Board shall determine the applicant's physical fitness to perform the duties of the position for which he has made application and shall also report any physical condition of the applicant which might adversely affect the insurance coverage of the Town under the provisions of MGL c. 152 or the group insurance coverage of the other Town employees.
C. 
Physical examination of job applicants. If the Board deems such action necessary to the protection of the Town, it may require, in the same manner as for permanent appointed employment. A physical examination required by this section shall be paid by the Town and shall be charged to the appropriation of the department in which the proposed employment is to be made or to such special appropriation as the Town may make for the purpose of this section.
D. 
Periodic physical examination. Every full-time employee of the Police, Fire, Highway Departments and bus driver, shall be examined at least once every three years by a physician designated by the Town. Such physician shall report to the department head, in such form as the Board of Selectmen shall determine, the employee's physical fitness to perform the duties of his position. The cost of such physical examination shall be paid by the Town and shall be charged to the appropriation of the department of which the employee is a member.
A. 
The administrative workweek for employees of the Town shall be Sunday through Saturday. The regular workweek of the full-time employees shall be scheduled within said administrative workweek by the department head and shall consist of the number of hours established in this section and said Appendix A for the different classes of position.
B. 
The starting and ending times of the daily work schedules of all employees shall be determined and fixed by the department head, and such schedules may be changed from time to time to meet changing conditions of operations.
C. 
Each department head shall submit to the Town Treasurer on Monday of each week, in such form as the Board shall prescribe, a report of all employees in the department who were absent from duty during the preceding calendar week. Such report shall indicate for each employee whether the employee was absent on sick leave, vacation leave, court leave, military leave, leave without pay or other authorized leave or was absent without leave.
A. 
Each full-time or part-time employee, except those employees who qualify as exempt under the Fair Labor Standards Act (FLSA), and except as is otherwise provided herein, who is required to be on duty in an administrative workweek in excess of 40 hours shall be paid for such overtime duty at the rate of 1 1/2 times his hourly rate of compensation. Such hourly rate shall be referred to hereinafter as the employee's overtime rate. Hours worked for the purpose of computing overtime shall include all hours the employee is in a pay status.
B. 
Overtime work shall be required only when necessary operations cannot be performed by on-duty employees during their regular workweek. Overtime shall be distributed on a seniority basis among employees qualified to do the work.
A. 
A full-time employee, including department head, who completes the number of years indicated below of creditable service shall be granted a longevity lump-sum payment in the amount set forth below for the number of years of such service he has completed:
5 years
$400
10 years
$500
15 years
$600
20 years
$700
25 years
$800
B. 
The longevity pay to which an employee is entitled shall be paid in a lump-sum payment by means of a check separate from his regular compensation check in the first pay period next following the date on which he completes the number of years of service and shall continue to be so paid each year thereafter on the anniversary of such pay period. A P.S.E. (public service employee) participant under Title I, II, or VI of CETA who has worked a full-time schedule is eligible for a longevity bonus.
A. 
The following 12 days shall be considered holidays:
(1) 
Independence Day.
(2) 
Columbus Day.
(3) 
Thanksgiving Day.
(4) 
New Years Day.
(5) 
Washington's Birthday.
(6) 
Patriots Day.
(7) 
Labor Day.
(8) 
Veteran's Day.
(9) 
Christmas Day.
(10) 
Martin Luther King's Birthday.
(11) 
Memorial Day.
(12) 
Employee's birthday.
B. 
Each full-time or part-time employee whose presence on duty is not required to maintain essential services shall be excused from duty on said holidays and shall receive holiday pay at his regular hourly rate for the number of hours equal to his regular daily work schedule.
C. 
Each full-time or part-time employee who is required to work on any of said holidays shall be paid, in addition to the holiday pay for which he is entitled as set forth in Subsection B above, his regular hourly rate for each hour worked, not to exceed the number of hours in his regular daily work schedule.
D. 
In the event such employee's regular day off, vacation day or a day on which he is absent from duty because of injuries sustained in line of duty falls on any of said holidays, he shall be granted an additional day's pay equal to his regular daily rate of pay.
E. 
To be eligible for holiday pay, an employee must be in a pay status on his scheduled workday immediately prior to and his scheduled workday immediately after the holiday.
F. 
The department head will determine the number and categories of employees needed for holiday work. Any employee who is scheduled to work on a holiday and who does not report for work on said day shall not receive holiday pay but shall be charged as being absent without leave unless such absence is based on an extreme emergency situation and is excused by the department head.
A. 
Vacation leave with pay will be granted in accordance with the provisions of this section to each full-time or part-time employee, including department heads, commensurate with the length of his continuous employment with the Town beginning with the date of hire as a full-time employee.
B. 
Full-time or part-time employees shall be entitled to vacation leave as follows:
Length of Continuous Employment
Length of Paid Vacations
6 months but less than 1 year
1 workweek
1 year but less than 5 years
2 workweeks
5 years but less than 10 years
3 workweeks
10 years but less than 20 years
4 workweeks
15 years or more
5 workweeks
(1) 
For purposes of this section "workweek" shall be defined as the average number of regularly scheduled hours the particular employee works or is expected to work per week during the fiscal year.
C. 
Each eligible employee shall accrue vacation leave at the rate of 1/12 of that amount in Subsection B to which he may be entitled for each month that he is in a pay status. The department head shall determine the time when an employee shall be granted his vacation leave. Seniority as well as work requirements will be the determining factors in the granting of vacation leave.
D. 
Vacation leave shall be taken in the fiscal year in which it is earned and shall not be accumulated from year to year, except for department heads who will be allowed to carry over a maximum of 10 days of vacation leave, subject to prior approval of the Board of Selectmen.
A. 
sick leave with pay will be granted in accordance with the provisions of this section to each full-time or part-time employee when the employee:
(1) 
Is incapacitated for the performance of his duties by nonoccupational sickness or injury, except any sickness or injury resulting in whole or in part from the voluntary use of intoxicating liquor, drugs or narcotics and any injury which is incurred in gainful employment or self employment other than as an employee of the Town.
(2) 
Is required to give care and attendance to his spouse, child, parent or other member of his immediate household who is afflicted with a contagious disease.
(3) 
Would jeopardize the health of others by his presence on duty because of exposure to a contagious disease.
B. 
Each said employee shall accrue sick leave at the rate of one day for each month of actual work performed for a total of 12 days per year. Sick leave shall be cumulative from one fiscal year to the next, unlimited, provided that after five days' continuous absence the person must obtain a certificate from a physician appointed by the Town and that there will be no compensation for accumulated sick leave upon termination of employment. Further emergency leave may be granted at the discretion of the Personnel Board upon written request from the department head, after review of all circumstances including the employee's previous attendance and performance records.
C. 
Notwithstanding the provisions of Subsection B of this section, an employee shall be entitled to sick leave only after being currently employed by the Town for a continuous period of 90 calendar days. After completing said ninety-calendar-day period, the employee shall be entitled to be credited with the sick leave that would have accrued to him during such period under said Subsection B, excepting for the provisions of this Subsection C.
D. 
The department head is authorized to approve or disapprove requests for sick leave. An employee who is absent from duty on account of sickness or injury shall notify the person authorized to approve sick leave of the reason for his absence before or at the beginning of his scheduled tour of duty. Sick leave not in excess of five consecutive days will ordinarily be approved without a medical certificate from the employee's attending physician. However, in those cases that indicate excessive absence on account of sickness or where there appears to be an abuse of the sick leave privilege, a medical certificate may be required for any absence attributable to sickness. Absences on sick leave in excess of five consecutive days must be supported by a medical certificate. In those cases where an employee's request for sick leave is not approved, his absence shall be considered to be unauthorized, and he shall receive no pay for the period of such absence.
E. 
An employee who is unable to work because of an occupational injury which is incurred in the course of his employment by the Town and which is compensable under the provisions of the Massachusetts Workmen's Compensation Act, MGL c. 152, shall, upon his written request to his department head, receive as a charge against his accrued sick leave the difference between his current salary and the amount he receives as workmen's compensation.
Each employee subject to the provisions of said MGL c. 152, who is incapacitated for duty by reason of any injury or illness arising out of and in the course of his employment by the Town shall receive the benefits of said chapter.
A. 
The Town will provide each full-time or part-time employee, including department heads, with group health insurance, said plan to be determined by the Board of Selectmen, subject to the Massachusetts General Laws. The Town shall pay 50% of the premiums for said plans.
B. 
Any claims or disputes concerning eligibility for or payment of benefits under said insurance plans shall be determined in accordance with applicable insurance policies and contracts and shall not be subject to the grievance procedure.
C. 
The Town will provide and pay for life insurance upon the life of each full-time or part-time employee in the face amount of $2,000, with double indemnity provisions. Each employee shall retain the right to designate and change the beneficiary thereof. The Town shall pay 50% of the premiums for said plan.
D. 
If an employee enrolled in a family health insurance plan incurs an increase of more than $250 in out of pockets costs in any plan year over the out of pocket costs incurred in the previous plan year (excluding premium increases) which are as the direct result of plan change made through the Southeastern Massachusetts Health Group (SMHG), the Town will reimburse said employee for all such costs above $250. For an employee enrolled in an individual plan, the reimbursement level shall be $125.
A. 
A full-time employee called for jury duty shall be paid the difference between his regular pay and the compensation received by him as a juror, exclusive of travel allowances.
B. 
An employee summoned as a witness on behalf of the Town shall be granted leave and shall be paid the difference between his regular pay and his witness fees, exclusive of travel allowances.
C. 
An employee who is required to appear in court as a defendant or litigant shall be granted leave without pay for such purpose.
A. 
A full-time employee who has been employed by the Town for a period of six consecutive months and who is ordered into temporary active duty with the military reserves or the National Guard shall be paid, for a period not to exceed 14 days, the difference between his regular pay and that which he receives from the federal or state government during the period of his temporary active duty. For any period of such absence in excess of 14 days, such employee shall be granted leave without pay.
B. 
A full-time employee who is inducted or enlists in any branch of the armed forces of the United States during any wartime emergency shall be granted a military leave of absence without pay. Within 60 days of his separation from the armed forces he shall be reinstated, if he so requests, to the same or a comparable position and will have restored to him all benefits as if his service had been continuous.
Full-time employees may be granted, in the discretion of the department head, leaves of absence without loss of pay for periods not in excess of three days in the event of a death in their immediate families. Part-time employees may be granted such leave not in excess of two days in the event of a death in their immediate family. Immediate family shall include parent, brother, sister, husband, wife, child, father-in-law, mother-in-law, grandparent, sister-in-law, brother-in-law, grandchild, stepparent, and son-/daughter-in-law. Each full-time or part-time employee may be granted, in the discretion of the department head, leaves of absence of pay for a period of one day in the event of the death of an aunt, uncle, cousin, niece or nephew.
A. 
A full-time employee who is subject to the Civil Service Law may be granted by the Board of Selectmen a leave of absence without pay for a period not to exceed three months in any period of 12 consecutive months. Requests for such leave of absence shall be submitted to the Board of Selectmen through the department head and the Personnel Board and shall contain a detailed statement of the reasons for the request.
B. 
The provisions of MGL c. 31, § 37, shall be followed in approving leaves of absence without pay for full-time employees, subject to the Civil Service Law, for periods in excess of three months, in reinstating such employees at the end of the period of approved absence, and in terminating the employment of an employee who does not return to duty at the end of the period of approved absence.
C. 
Employees not subject to the Civil Service Law may be granted leaves of absence without pay by the department head for periods not in excess of two weeks. Requests for leaves of absence without pay for periods in excess of two weeks shall be submitted to the Board of Selectmen through the Personnel Board and shall contain a detailed statement of the reasons for the request.
A. 
When an employee is absent from duty without authorization he will be charged as being absent without leave and will receive no pay for the period of the absence.
B. 
In addition to receiving no pay for a period of absence without leave, an employee may be subject to disciplinary action for such unauthorized absence.
A. 
A full-time employee who attends during his off-duty hours a course specifically related to the employee's duties, recommended and approved by his department head and having notified the Personnel Board in writing prior to instruction, at an accredited college, shall be reimbursed by the Town for the cost of his tuition and books upon successful completion of the course with at least a "C" grade; provided, however, that the said course is not paid for under a federal or state program. The employee may keep the books for which he is reimbursed under the provisions hereof.
B. 
Each full-time employee shall, subject to the limitations and provisions hereinafter set forth, be paid in addition to his regular compensation $5 for each semester hour credit he has earned by attending, at an accredited college, during his off-duty hours, a course or courses specifically related to the employee's duties recommended and approved by his department head. He will notify the Personnel Board in writing at the completion of his course. The total compensation to be paid an employee for such earned credits shall not exceed the sum of $310, except as otherwise provided in Subsection C next below.
C. 
Each full-time employee who has acquired an associate degree in a job related program from an accredited college shall be paid the sum of $500 in addition to his regular compensation. The compensation paid an employee for semester hours' credit in accordance with the provisions of Subsection B above shall not continue to be paid once an employee obtains an associate degree. A full-time employee who has acquired such an associate degree shall also be paid the sum of $5 in addition to his regular compensation for each semester hour he earns after acquiring such degree, upon completion of a specifically job-related course recommended by the department head and with prior written notice to the Personnel Board. The total compensation to be paid an employee for such earned credits shall not exceed the sum of $810.
D. 
Each full-time employee who has acquired a bachelor's degree in a job-related program of study from an accredited college shall be paid the sum of $1,000 in addition to his regular compensation. The compensation paid for a bachelor's degree shall be the total compensation paid to an employee for educational credits completed under the provisions of this article. The compensation paid an employee for semester hour credits in accordance with Subsections A, B and C above shall not continue to be paid once an employee receives a bachelor's degree.
E. 
The additional compensation provided for under Subsections A and B and C and D above shall be annually paid in a lump-sum payment in the first pay period after December 1, provided the employee involved has submitted written evidence to the Wage and Personnel Board by September 1 of his obtainment of semester hour credits, an associate degree or bachelor's degree, as the case may be.
Each full-time employee of the Highway Department shall be paid $375 for work clothes and work shoes, said payment to be made in lump-sum payment by means of a separate check from his regular compensation check, to be paid in the first pay period next following the anniversary date of his employment, and shall continue to be paid each year thereafter.
A. 
The Board shall constitute the Personnel Relations Review Board of the Town, and as such shall have the powers and duties and shall perform the functions assigned to personnel relations review boards under the provisions of MGL c. 40, § 21B. The Board, in performing its duties as the Personnel Relations Review Board, shall be subject to the limitations imposed by said § 21B and by the bylaws of the Town.
B. 
When sitting as the Personnel Relations Review Board, the Board shall keep a separate record of its proceedings which shall not be open to public inspection, except as may otherwise be required by state law.
C. 
The grievance procedure established in this section shall apply to all employees of the Town, except elected officials and except employees represented by an employee organization for the purpose of collective bargaining and with which organization the Town has entered into a collective bargaining agreement containing a specific grievance procedure. The grievance procedure contained in such an agreement shall apply to all employees represented by the employee organization. The purpose of the grievance procedure set forth herein is to produce prompt and equitable solutions to those problems which from time to time may arise and affect the conditions of the employment or employees.
D. 
As used in this section the word "grievance" shall be construed to mean any dispute between an employee and his supervisor or supervisors arising out of an exercise of administrative discretion by such supervisor or supervisors with respect to the conditions of the employment of the employee, except a dispute which is or upon proper appeal would be within the jurisdiction of the Civil Service Commission or the Contributory Retirement Appeal Board.
E. 
Grievances as defined herein shall be processed in accordance with the following procedure:
(1) 
Level one. The aggrieved employee shall first present his grievance orally or in writing to his immediate supervisor. If the grievance is presented in writing, it shall give a summary of the facts involved and relief desired. The immediate supervisor shall advise the aggrieved employee in writing of his decision with respect to the grievance within five working days after the grievance is presented.
(2) 
Level two. If at the end of the five working days next following the presentation at level one the grievance shall not have been disposed of to the employee's satisfaction, the aggrieved employee may within five working days thereafter submit his grievance in writing to the department head. The written grievance shall give a summary of the facts involved and the relief desired. Within 10 working days after receipt of the written grievance, the department head shall meet with the aggrieved employee and his representative, if he elects to have one, in an effort to settle the grievance. Within 10 working days after the conclusion of said meeting, the department head shall advise the aggrieved employee of his or its decision.
(3) 
Level three. If at the end of the 20 working days next following the presentation of the grievance at level two the grievance shall not have been disposed of to the employee's satisfaction, the aggrieved employee may within five working days thereafter submit his grievance to the Board acting as the Personnel Relations Review Board. Within 10 working days after receipt of the written grievance, the Board shall meet with the aggrieved employee and his representative, if he elects to have one, in an effort to settle the grievance. The Board shall within 10 working days after the conclusion of said meeting advise the employee in writing of its decision. The decision of the Board with respect to said grievance shall be final.
F. 
If at the end of the 20 working days next following the occurrence of any grievance or the date of first knowledge of its occurrence by an employee affected by it the grievance shall not have been presented at level two of the procedure set forth above, the grievance shall be deemed to have been waived. Any grievance in course under such procedure shall also be deemed to have been waived if the action required to present it at the next level in the procedure shall not have been taken within the time specified in the procedure.
G. 
The time limits herein above specified for the bringing and processing of a grievance may be extended by mutual agreement of the parties.
Each full- or part-time employee shall be entitled to three personal days or the equivalent individual hours off per year, to be taken at the discretion of the employee, subject to the approval of the department head.
Each employee of the Highway Department, except the Department Head, shall be paid an additional $2 per hour over the current rate of pay when assigned to loading trash pickup on truck.
A. 
Repeal and amendment of bylaw. These bylaws may be altered, repealed or amended by a 2/3 vote at any Annual Meeting or at any other Town Meeting specially called for that purpose, an article or articles for such purpose having been inserted in the Warrant for such meeting.
B. 
Severance. The provisions of this bylaw are hereby declared to be severable, and if any such provisions or the application of any such provision to any person or circumstances shall be held to be invalid, illegal or unconstitutional, such invalidity, illegality or unconstitutionality shall not be construed to affect the validity, legality or constitutionality of any of the remaining provisions or the application of said bylaw to persons or circumstances other than those as to which it is held invalid, illegal or unconstitutional.