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City of North Adams, MA
Berkshire County
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Table of Contents
Table of Contents
[Ord. of 8-23-2016]
This article shall apply to all departments, boards and offices of the city, and all employees thereof, except the School Department and employees subject to collective bargaining agreements.
Nothing contained in this article shall operate or be construed to authorize or permit any department head, officer, official or employee of the City to incur any obligation or to make any expenditure in excess of any appropriation made therefor, or for which no appropriation has been made; nor shall this article operate or be construed to impose any liability upon the City for any obligation or debt incurred in excess of such appropriation or in the absence of such appropriation therefor.
[4-23-1974; Ord. of 1-8-1985; Ord. of 8-23-2016]
City Hall shall be open to the public from 8:00 a.m. to 4:30 p.m. on business days, except 8:00 a.m. to 1:00 p.m. on Fridays between Memorial Day and Labor Day.
[1]
State law reference: Law of the commonwealth as to closing City offices on Saturday, G.L., C. 41, § 110A.
[12-26-1967; 4-23-1974; 8-13-1974; Ord. of 1-8-1985; Ord. of 8-23-2016]
Normal working hours for employees covered under this Article shall not exceed 40 hours per week.
[12-26-1967; 4-8-1969; 6-9-1970; 2-23-1971; Ord. of 11-27-1979; Ord. of 12-9-1980; Ord. of 8-23-2016]
All employees of the city governed by this article, who have actually worked 30 weeks in the aggregate, during the 12 months preceding the first day of June of the vacation year shall be entitled to vacations as follows:
Years of Service
Working Days
Less than 2
10
From 2 to 4
12
From 5 to 9
17
From 10 to 14
21
From 15 to 19
24
More than 20
28
Vacation periods are not cumulative and must be taken in the year granted, except that an employee may carry over 25% of one year's vacation with approval of the Mayor. All requests for vacation periods shall be granted on the basis of seniority in each department. All such vacations shall be granted by the heads of the several departments of the City at such time as in their opinion will cause the least interference with the performance of the regular work of the city.
[1]
State law reference: Vacations of certain employees, G.L., C. 41, § 111.
The heads, officers and members of the fire department and the police department shall continue to receive their regular compensation during the period of their temporary absence from duty because of total disability resulting from personal injuries arising out of and in the course of their employment, or arising out of ordinary risks of the street while actually engaged, with the authorization of the city, in the business affairs or undertakings of the city, or during the period of their temporary absence from duty because of total disability resulting from sickness or illness arising out of and in the course of their employment.
[1]
Cross reference: Department of public safety, Ch. 8.
[12-26-67]
All department heads, officers, officials and employees of the City shall continue to receive their regular compensation during the period of their absence from duty because of total disability resulting from personal injuries, sickness or illness and not arising out of and in the course of their employment. Compensation for such disability shall be limited to one day for each three weeks of service in the preceding 12 months, but not more than 15 days in any twelve-month period. Holidays and any other day or days not included in the normal work week shall not be included in the computation of the number of days allowed hereunder. The unused portion of any sick leave allowed hereunder may be accumulated. No sick leave shall be allowed or accumulated hereunder during the first 12 months of service or employment.
[Ord. of 12-26-84]
No person shall be originally hired until the department head of the department in which such person is to be employed shall have certified in writing to the mayor and the City auditor that such person or employee has undergone a physical examination and has been found physically fit to perform the duties of his position. Such examination shall be performed at the expense of the City by a physician designated by the mayor.
The provisions of this section shall not apply to elected officials, to persons appointed by the mayor who are not subject to civil service regulations or to employees of the school department, and nothing contained in this section shall be held to abridge the powers otherwise granted by law or ordinance to an official in the hiring, reinstatement or promotion of employees.
No person shall be entitled to any compensation or benefits under this chapter for any period of disability resulting in whole or in part from:
(a) 
The voluntary use of intoxicating liquor, drugs or narcotics.
(b) 
A venereal disease.
(c) 
Self-inflicted injuries.
(d) 
Injuries sustained while engaged in or resulting from or arising out of the commission of a felony or of a misdemeanor involving moral turpitude.
(e) 
Injuries sustained while engaged in or resulting from or arising out of the violation of any lawful rule or regulation of the department in which employed.
No person shall be entitled to compensation under this article, for any period of disability unless such disability and the cause or reason therefor is reported immediately to the department head or the office thereof. In the case of disability of the department head, such report shall be made to the office of the mayor. Any person who feigns sickness, injury or disability or who makes a false statement relative thereto shall be subject to immediate suspension.
It shall be the duty of department heads to take or cause to be taken such reasonable steps as may be necessary to determine and verify the existence and cause of any disability for which compensation is claimed under the provisions of this article.
It shall be the duty of the City physician, upon request of the mayor or any department head, to examine any person claiming compensation under this chapter for any period of disability, and to report the results of such examination to the mayor or department head as frequently as requested during such period of disability. It shall also be the duty of the City physician to report to the mayor or department head requesting such examination when the total disability of the person examined terminates. This section shall not operate or be construed to entitle any disabled person to medical treatment or services by the City physician.
[4-8-1969; 9-23-1969; 5-12-1970; 5-23-1972; 8-8-1972; Ord. of 11-27-1979; Ord. of 10-28-1980; Ord. of 8-23-2016]
Employees covered under this article shall receive their regular compensation during absence from work for up to five days, due to the death of:
(a)
A parent, child, or sibling, by birth or law
(b)
A spouse, grandparent, grandchild
or up to two days if the absence is due to the death of:
(a)
An aunt, uncle, niece, or nephew
(b)
A relative customarily living within the employee's immediate household.
Employees covered under this article shall be entitled to one day's leave on the day following Thanksgiving Day for personal reasons in addition to the absences as hereinabove set forth without loss of pay. In the event that any such employee shall be required to perform work or render services on such day, he shall receive regular compensation for that day and shall not be entitled to any holiday pay as provided in Section 2-22. However, if required to work on such a day he shall receive compensatory time off equivalent to the number of hours worked. If the number of hours worked exceeds eight hours, and more than 40 hours in the pay period, the employee will be entitled to compensatory time equivalent to time and a half for each hour worked in excess of eight hours and more than 40 hours in the pay period.
The time or period during which any person shall be entitled to compensation under this chapter for absences due to disability or for deaths of relatives shall not be deducted from the vacation period to which such person is otherwise entitled and such time or period of absence shall be included in computing the number of weeks of service in determining the basis for the allowance of such vacation period.
[3-14-1967; 12-26-1967; 12-23-1968; Ord. of 8-23-2016]
All department heads, officers, officials, regular employed permanent employees and provisional appointees performing the work of such employees, whose compensation is fixed on an annual or hourly basis, shall receive their regular compensation for all legal holidays or parts thereof during which the public offices of the City are closed. In order to qualify hereunder for compensation for any such holiday, such person must have been regularly scheduled to work on such day and shall have worked on the last regularly scheduled work day, and the next regularly scheduled work day following such holiday, unless the absence on such regularly scheduled work day is due to jury service or is an absence for which compensation is payable under this article.
Notwithstanding the foregoing, regular hourly paid employees employed by the City (excepting those employed in the police and fire departments and public library) shall receive an additional day's compensation in the event that a holiday is defined in chapter 4, section 7 of the General Laws (Ter. Ed) as amended occurs on a Saturday, providing such employees shall have worked on all of the days of the last regularly scheduled work week prior to, and the next regularly scheduled work day following such holiday, unless the absence on such regularly scheduled work day is due to jury service or is an absence for which compensation is payable under this article.
[1]
Editor's Note: Former Sec. 2-22, Compensation generally for work performed on Sundays or holidays, as amended, Sec. 2-23, Compensation to firemen and policemen for work performed on holidays, as amended, and Sec. 2-24, Compensation for overtime, as amended, were repealed by 8-23-2016.
[4-8-1969; Ord. of 8-23-2016]
Hourly rated employees who are called in to perform work or render services outside of their regular working hours shall, for each such occurrence, be paid a minimum sum equal to their compensation for four hours. This minimum pay provision shall not apply to any work performed or services rendered immediately before or after the regularly scheduled hours of work of any employee, and without interruption or cessation except for meals.
All permanent employees of the City shall be eligible, after six months of employment or service, to participate in any plan of contributory group life, accident, hospitalization, medical and surgical insurance, as provided by General Laws, chapter 32B.