[HISTORY: Adopted by the Town Meeting of
the Town of Plainville 6-6-2011 ATM by Art. 27.[1] Amendments noted where applicable.]
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:
The elected official or board or the appointed official having
jurisdiction over a function or activity.
The Personnel Board as defined in § 515-3 hereof.
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.
A plan establishing the rates of compensation to be paid
to employees in positions established under the classification plan.
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.
Any department, board, committee, commission, or other agency
of the Town employing persons who are subject to this bylaw.
The board, committee, commission or person having supervision
and control over a department.
Any lawful association, organization, federation or council
having as a primary purpose the improvement of wages, hours and other
conditions of employment.
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.
Pay authorized for holidays in accordance with the provisions
of this bylaw.
Hours worked by a full-time employee in excess of his regularly
scheduled workday or workweek.
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.
Pay authorized for personal day(s) off in accordance with
the provisions of this bylaw.
A change from a position of lower classification and compensation
to a position of higher classification and compensation.
A seasonal employee is one who is employed in a position
which is filled only on a seasonal basis.
The Town of Plainville.
A person who is a veteran within the meaning of MGL c. 31,
§ 21.
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Administer the classification and compensation plans.
G.Â
Determine which class and job title under the classification
plan is applicable to any employee.
H.Â
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.Â
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.Â
Recommend to the Town any changes in this bylaw, including
the classification plan and compensation plan, which it considers
necessary and desirable.
K.Â
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.Â
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.Â
Authority. This section establishes the classification
plan of the Town within the meaning of MGL c. 41, § 108A.
B.Â
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.Â
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.Â
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.Â
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)Â
The minimum qualifications recommended to the Board
for classification purposes by department heads.
(2)Â
An examination by the Board of the work content of
positions allocated to the class.
(3)Â
The Board's study of comparable positions in private
employment, in the service of other municipalities and in the state
service.
A.Â
Authority. This section establishes the compensation
plan of the Town within the meaning of MGL c. 41, § 108A.
B.Â
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.Â
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.Â
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.Â
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)Â
Continuous full-time or part-time paid employment,
including periods of vacation leave, sick leave or other leave with
pay.
(2)Â
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)Â
Active military service when otherwise creditable
service was interrupted.
F.Â
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.Â
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.Â
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.Â
Elected official. The compensation of elected officials
shall be established annually by vote of the Annual Town Meeting.
J.Â
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.Â
Conditions. The employment, promotion and transfer
of Town employees shall be subject to the following conditions:
(1)Â
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)Â
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)Â
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)Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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 1Â 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.Â
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.
[Amended 6-5-2023 ATM by Art. 26]
A.Â
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
|
$500
|
|
10 years
|
$600
|
|
15 years
|
$700
|
|
20 years
|
$800
|
|
25 years
|
$1,000
|
B.Â
The longevity pay to which an employee is entitled
shall be paid in a lump-sum payment by means of a 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.Â
The following 12 days shall be considered holidays:
B.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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)Â
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.Â
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.Â
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.Â
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)Â
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)Â
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)Â
Would jeopardize the health of others by his presence
on duty because of exposure to a contagious disease.
B.Â
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.Â
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.Â
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.Â
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.Â
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 Select Board, subject to the Massachusetts
General Laws. The Town shall pay a minimum of 50% of the preferred
provider organization (PPO) premiums for said plans and 75% of the
health maintenance organization (HMO) plan.
[Amended 6-5-2023 ATM by Art. 26]
B.Â
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.Â
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.[1]
[1]
Editor's Note: Former Subsection D, regarding reimbursement
of increases in out-of-pocket costs, which immediately followed, was
repealed 6-5-2023 ATM by Art. 26.
A.Â
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.Â
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.Â
An employee who is required to appear in court as
a defendant or litigant shall be granted leave without pay for such
purpose.
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
[1]
Editor's Note: Former § 515-21, Educational courses,
and § 515-22, Work clothes, were repealed 6-5-2023 ATM by
Art. 26.
A.Â
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.Â
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.Â
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.Â
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.Â
Grievances as defined herein shall be processed in
accordance with the following procedure:
(1)Â
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)Â
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)Â
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.Â
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.Â
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.Â
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.Â
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.
