[HISTORY: Adopted by the Town of Lunenburg as last amended 5-6-2023 ATM by Art. 9. Subsequent amendments noted where applicable.]
This bylaw establishes a Salary Administration Plan, hereinafter
called the "Plan," which classifies several positions of Town services
into groups, establishes salary schedules, establishes so-called "fringe"
benefits, or "indirect pay" provisions, such as holidays and vacations
with pay, sick leave, and the like, and establishes a Personnel Committee
to administer the Plan, as hereinafter provided, and to represent
the interest of both taxpayers and Town employees.
A.Â
There is hereby established a Personnel Committee consisting of five
members, each residing in the Town of Lunenburg, to be appointed by
the Select Board, and each member shall serve for a term of three
years; provided, however, that of the members originally appointed,
one shall serve a term of one year, two for a term of two years, and
two for a term of three years, as designated by the Select Board.
However, nothing herein shall be deemed to prohibit the chair of the
Personnel Committee from designating a member of said committee to
serve as a representative of said Committee on a study committee of
the Town Meeting, nor shall such service affect the tenure of said
member of the Personnel Committee. If any member of the Personnel
Committee shall resign or otherwise vacate the office before the expiration
of their term, the successor shall be appointed by the Select Board,
at their discretion, to serve for the balance of the unexpired term.
B.Â
A Town employee may have a staff assignment to serve as a subject
matter expert and non-voting member of the Personnel Committee and
may be called upon from time to time to provide information requested
by the Personnel Committee so that the Personnel Committee can make
well-informed decisions and proposals.
C.Â
Said Committee shall elect its own chair and vice chair at their
first meeting after June 30 of each year; and in the absence or incapacity
of the chair, the vice chair shall act as chair. The Committee shall
keep a record of its official proceedings and actions, may establish
its own rule of procedure and may, subject to appropriation therefor,
retain such clerical and other assistance, and make such other expenditures
as may be necessary to the performance of its duties. Three members
shall constitute a quorum for the transaction of the business of the
Committee, and the affirmative vote of three members shall be necessary
to any official act of the Committee.
D.Â
The Personnel Committee is hereby authorized to administer the provisions
of this bylaw, except for such duties as may be specifically assigned
by statute, Town Charter or bylaw to other Town officers, boards or
committees.
E.Â
The Personnel Committee may from time to time issue, amend, or revoke
administrative orders for the purpose of giving effect to the provisions
of this bylaw, and for the purpose of giving effect to the provisions
of such other bylaws and votes of the Town, pertaining to personnel
administration, as said Committee may be responsible for administering
and/or enforcing. Each such order shall be numbered in sequence, and
said Committee shall maintain in the Town office a file for all such
orders issued, said file to be open to public inspection.
F.Â
Except as otherwise provided by law, the Committee shall have access
to all facts, figures, records and other information relating to the
personnel of Town departments, and the same shall be furnished forthwith
by any such department whenever so requested by the Personnel Committee,
in such a form as said Committee may require.
G.Â
In the event that the Personnel Committee does not have enough members
to conduct business, the Town Manager shall have the authority to
administer the Salary Administration Plan.
The positions of all employees in the service of the Town, and
not otherwise covered by a collective bargaining agreement or employees
of the school, are hereby classified by titles in the groups listed
in Schedule A, entitled "Classification and Salary Schedule," as set
forth in this bylaw.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
No person shall be appointed, employed or paid as an employee
in any position subject to the provision of the Salary Administration
Plan under any title other than those of the Classification and Salary
Schedule, or under any title other than that of the job the duties
of which are actually performed. The job title in the Classification
and Salary Schedule of the Plan shall be the official title for all
purposes having to do with the position and shall be used to designate
the position in all payrolls, budget estimates and official reports,
and in every other connection involving personnel and fiscal processes.
The Personnel Committee tentatively may add new job titles and
descriptions to this Plan, establishing grades with minimum and maximum
wage or salary brackets for the same, and reclassifying existing jobs,
revising the description and the minimum and maximum wage and salary
brackets therefor, and such addition or reclassification to be effective
only for the period from the date of such action by the Personnel
Committee to the date of any vote with respect thereto adopted at
a subsequent Town Meeting but in no case later than the next Annual
Town Meeting unless such later date as may be specified by such vote.
Any increase in wages or salaries under this section shall be effective
only if funds are available for the purpose, and approved by the Finance
Committee and Select Board.
No employee shall be reclassified to a job in another group,
either higher or lower, until the Personnel Committee shall have determined
that such a reclassification will be consistent with the provisions
of the Salary Administration Plan. Eligibility for a step increase
of a reclassified employee will be granted one year from the date
of reclassification.
A.Â
The Personnel Committee shall maintain written job descriptions of
the jobs or positions in the Plan, describing the essential functions,
requirements and duties. The descriptions shall not be interpreted
as either complete or restrictive and employees shall continue to
perform any duties assigned by an employee's supervisor.
B.Â
Every three years, the Personnel Committee shall review the wage
and salary schedules of all positions in the Plan, and be in a position
to recommend to the Select Board any action deemed desirable to maintain
a fair and equitable pay level.
A.Â
The Classification and Salary Schedule of the Salary Administration
Plan, set forth in Schedule A of this bylaw,[1] shall consist of the maximum and minimum salaries and
step-rate salaries for the groups and positions in the Classification
and Salary Schedule. The salary range of a group shall be the salary
range for all positions classified in such group.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
B.Â
Irrespective of the period of time for which pay rates may be shown
in the salary Schedule, all employees shall continue to be paid on
an hourly, weekly, monthly, or other basis, as at present, unless
otherwise authorized by the Personnel Committee or by amendment of
the Salary Administration Plan.
Any salary rate that is above the maximum rate for a job, as
established by Salary Administration Plan, shall be deemed to be a
personal rate, and apply only to the incumbent. When such incumbent
leaves the employ of the Town or is transferred to another job with
a higher maximum rate than their personal rate or higher maximum rates
are established, the personal rate shall disappear. No other employee
assigned to or hired for such job shall advance beyond the maximum
of the job.
A.Â
Layoff procedure. If the Town decides to lay off employees, it shall
determine from which classification(s) or job function(s) layoffs
shall be made. Layoffs shall then be made based on seniority within
the classification.
(1)Â
"Seniority" shall be the length of an employee's continuous
service measured from the employee's most recent appointment
date; provided an employee's seniority may be reduced for periods
of unpaid leave, unless otherwise prohibited by law.
(2)Â
If two or more employees in the same classification have the same
seniority, the employee who has the shorter term of continuous employment
with the Town shall be laid off. If there are two or more employees
in the same classification with the same seniority and the same term
of continuous employment with the Town, a part-time employee shall
be laid off before a full-time employee. If there are still two or
more employees in the same classification, the Town Manager shall
determine which employee shall be laid off.
(3)Â
An employee that is scheduled to be laid off shall have the right
to bump other employees in lower classifications with less seniority,
provided that the Town Manager, in their sole discretion, but with
consultation of the department head, shall make a determination that
the employee retained is qualified and able to perform the duties
of the lower classification, subject to disability discrimination
laws.
(4)Â
Employees who have been laid off from employment are responsible
for keeping the Town advised of their current address for the purpose
of potential recall from layoff.
B.Â
Recall policy. If the Town conducts a recall from layoff, recall
shall be offered in reverse order of layoff by classification, provided
the laid-off employee is qualified and able to perform the duties
of the classification to which the employee is being offered recall,
subject to disability discrimination laws. Employees shall only be
eligible for recall from layoff under the terms of this policy for
one year from the date of the employee's layoff.
(1)Â
Any employee who is recalled from layoff under the terms of this
policy shall retain their seniority, less the period of layoff.
(2)Â
The Town will notify an employee of a recall opportunity by certified
letter (or other verifiable method of delivery) to the employee's
last known address. An employee who has been offered an opportunity
to be recalled from layoff must advise the Town of their intention
to accept recall within five working days.
A.Â
Upon promotion, the employee will be placed on the pay grade for
the new position at the lowest step at which the employee would receive
a pay increase. They may also receive at the time one or more step
rate increases, provided the maximum for the job is not exceeded,
if the department head recommends that qualification and performance
warrant it, and the Personnel Committee approves. If the department
head should feel that there should be a trial period before recommending
the promotional step rate increase or increases, on recommendation
of the department head, the Personnel Committee may approve any such
deferred promotional increase at the conclusion of the trial period.
B.Â
If an employee is transferred to a job with a lower rate range, or
rate of pay, they shall enter it at the pay rate closest to their
current rate or at the maximum rate for the job, whichever is the
lower.
A.Â
The hiring rate shall be the minimum of the rate range of the job
for which the new employee is hired, unless the Town Manager recommends
paying the employee at a higher step due to the employee's qualifications
and experience or marketing conditions. The Personnel Committee must
vote to approve any recommendation above Step 1. Department heads
shall notify the Town Manager of the hiring of all new personnel.
This notification shall be done in writing via the New Hire Personnel
Form.
B.Â
Effective July 1, 2015, for new regular full-time and new regular
part-time personnel, eligibility for a step increase will depend on
the employee's date of hire. If hired between January 1 and June
30, the employee is not eligible for a step increase until July 1
of the following calendar year. If hired between July 1 and December
31, the employee is eligible for their first step increase on the
upcoming July 1.
C.Â
Effective July 1, 2022, for new regular full-time and new regular
part-time personnel, eligibility for a step increase will be on the
anniversary date of employment.
A.Â
Any employee who believes that they have been subject to a violation
of the Salary Administration Plan is encouraged to discuss the grievance
initially with their supervisor within 10 working days of the occurrence
or knowledge of the event. If the employee is not comfortable discussing
the matter with their direct supervisor, or if the matter is not settled,
the employee should submit the said grievance to their department
head. The department head shall meet with the employee and will respond
in writing to the employee within 14 days of the meeting.
B.Â
If the grievance is not resolved by the decision of the department
head, the employee may escalate the grievance to the Assistant Town
Manager/HR Director. If unsatisfied, the employee may file an appeal
in writing with the Town Manager within 10 days of receipt of the
most recent decision. The Town Manager will meet with the employee
within a reasonable time after receipt of the appeal and will respond
in writing to the employee's grievance within 30 days after meeting
with the employee. The Town Manager's decision shall be final
and binding.
Each department head shall include in the annual budget request
a pay adjustment section to provide funds for anticipated pay adjustments
during the ensuing year, expenditures to be made therefrom only in
accordance with the Salary Administration Plan with approval of the
Personnel Committee.
In the event any provision of this bylaw or application thereof
shall be held to be invalid by the proper authorities, this shall
not be construed to affect the validity of any other provision, or
application thereof, of this bylaw.
Nothing in this bylaw of Salary Administration Plan shall be
construed to conflict with Chapter 31 (Civil Service) of the General
Laws.
A.Â
Non-exempt employees. The schedule of hours to be worked shall be
determined by the appropriate department head.
(1)Â
For non-exempt positions entitled to overtime pay at 1Â 1/2 times
the regular rate for work actually performed in excess of 40 hours
within a workweek. The words "work actually performed" shall be construed
to include all duly paid time off, including but not limited to holidays,
sick leave, vacation, personal days and bereavement leave, and such
leave shall be included in the computation of 40 hours.
(2)Â
Unauthorized leave or leave for which the employee is not entitled
to compensation shall not be included in such computation, unless
otherwise required by law.
B.Â
Exempt employees. Exempt employees, administrative and professional
occupations, are not governed by hours of the positions under their
supervision or control. Generally, such positions shall be for at
least 40 hours per week when full-time and not entitled to overtime.
C.Â
Notwithstanding anything in the foregoing subsections, the appropriate
department head may, instead of paying the overtime rate, provide
that the employee take compensatory time off at a rate of 1Â 1/2
times the hours worked that qualify for overtime pay. Compensatory
time must be taken within 60 days.
A.Â
All persons employed regularly by the Town full time or part time for a minimum of 20 hours per week shall receive paid vacations according to the following schedule. Any persons working between 20 and 40 hours per week shall receive paid vacations, but it will be prorated accordingly. The vacation and sick leave formula shall be used to determine the prorated part-time employee's vacation day. (See § 70-29, Definitions.)
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After Completion of:
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Hours of Paid Vacation
(based on 40-hour week)
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|---|---|
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Less than one complete year of continuous service
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8 hours per each full calendar month up to 80 hours
|
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1 year of continuous service
|
80
|
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5 years of continuous service
|
120
|
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10 years of continuous service
|
160
|
|
11 years of continuous service
|
164
|
|
12 years of continuous service
|
168
|
|
13 years of continuous service
|
172
|
|
14 years of continuous service
|
176
|
|
15 years of continuous service
|
180
|
|
16 years of continuous service
|
184
|
|
17 years of continuous service
|
188
|
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18 years of continuous service
|
192
|
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19 years of continuous service
|
196
|
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20+ years of continuous service
|
200
|
B.Â
Earned vacation time up to and including 80 hours must be used in
the year granted. No unused portion of this allowance shall be carried
forward into a subsequent vacation year, nor shall any monetary compensation
be given for such unused portion. Earned vacation time in excess of
80 hours should be used in the year granted, and no portion of such
excess shall be carried forward into a subsequent year. If departmental
scheduling or other serious extenuating circumstances preclude the
use of all such excess in the year granted, the employee may request
to receive compensation equivalent to such unused portion in a lump
sum payable on the first payroll warrant in July, in addition to their
regular salary, or may be allowed to carry over such excess as the
Town may elect in its sole discretion. Any employee asserting a serious
extenuating circumstance must submit a written request to their direct
supervisor and such request must be approved by the direct supervisor
and the Town Manager before the employee shall be compensated for,
or allowed to carry over, such excess.
C.Â
Employment termination. An employee whose employment ends shall be
paid for all accrued, but unused, vacation leave.
D.Â
The vacation year shall begin July 1. In the first year of employment,
employees shall accrue one day of vacation leave (prorated based on
number of hours worked each week) per month of service completed to
a maximum of 80 hours to be available for use by the employee on the
following July 1. Vacation leave accrued each fiscal year will be
available for use on the following July 1. Any change in the rate
of accrual shall occur on the employee's anniversary date. When
an employee's anniversary date for the completion of the fifth,
10th through 20th years occurs after July 1, the employee shall receive
vacation leave for the remainder of the year on a prorated basis.
E.Â
Vacation leave shall be approved by the department head and/or their
designee for such time or times as best serve the public interest;
provided, however, that each employee shall be entitled to use at
least 40 hours of their vacation accrual during the period between
June 1 and September 15 if desired, based on seniority.
F.Â
No vacation time may be used in advance of the July 1 date on which
it would normally be credited; except that where such advance serves
the needs of the employee and the Town, it may be granted, upon request
of the employee, by the department head, subject to the written approval
of the Town Manager. In no case shall any such advanced vacation exceed
the number of days for which the employee would be entitled to compensation,
were they to terminate their services in good standing on the first
day of such vacation.
A.Â
The Town of Lunenburg shall observe the following holidays:
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New Year's Day
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Labor Day
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Martin Luther King Day
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Columbus Day
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|
Presidents' Day
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Veterans Day
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Patriots Day
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Thanksgiving Day
|
|
Memorial Day
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One floating holiday*
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Juneteenth
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Day Before Christmas
|
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Independence Day
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Christmas Day
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*
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Floating holiday time for employees who work less than 40 hours
per week will be calculated in hours and determined by dividing the
number of hours regularly worked per week by the number of days they
work in one week.
|
B.Â
Employees shall receive paid holiday leave on the day the Town observes
the holiday, provided the employee is regularly scheduled to work
on the day the Town observes the holiday, based on the hourly rate
of the employee for the number of hours the employee is regularly
scheduled to work on the day of the week on which the holiday is observed.
C.Â
Holiday leave will be granted on the day the Town observes the holiday,
when possible. If the holiday falls on a Saturday, it will be observed
on the preceding Friday. If the holiday falls on a Sunday, it will
be observed on the following Monday. If an eligible employee is required
to work on the day the Town observes the holiday, they will be entitled
to a floating day, which has to be used within 30 days, by agreement
of the supervisor and employee. If the department head determines
that holiday leave cannot be granted, the employee shall receive payment
at 1Â 1/2 times the base hourly rate for all hours worked on the
holiday, in addition to his or her holiday pay. Final determination
is to be made by the Town Manager.
D.Â
To be eligible for paid holiday leave, an employee must work his
or her full assigned shift on his or her regularly scheduled workday
before a holiday, and the next regularly scheduled working day following
the holiday, unless the employee has been excused for a legitimate
reason by the direct supervisor.
A.Â
All persons employed, full time or part time, who have completed the six-month waiting period by July 1 of any year shall be entitled to sick leave of 96 hours, to be credited on July 1. The vacation and sick leave formula shall be used to determine the employee's prorated sick pay. (See § 70-29, Definitions.)
B.Â
New employees having completed the six-month waiting period shall
be credited as of the end of said six months, with sick leave in the
amount of eight hours for each full month intervening between the
six-month anniversary date and the next July 1, up to the maximum
of 96 hours. Use of such leave must be occasioned by sickness or injury
of the employee or their immediate family member.
C.Â
Unused sick leave shall be cumulative up to a maximum of 1,200 hours, and shall be carried forward on July 1 of each year, to be added to the sick leave credited as of July 1. The vacation and sick leave formula shall be used to determine the employee's prorated maximum sick hours. (See § 70-29, Definitions.) Sick leave may be donated to another employee who has exhausted their accumulated sick leave at the discretion of the Town Manager.
D.Â
When an employee finds it necessary to be absent because of accident
or illness, they shall report the fact to their immediate supervisor
as soon as possible either in person or by agent. Sick leave will
not be granted unless such report is made. For the protection of the
Town, the department head or supervisor may require the presentation
of a doctor's certificate in connection with a claim for sick
leave that exceeds, or is equal to, 24 hours (or three missed days
of work). Any employee who refuses to submit to a doctor's note
shall not be entitled to sick leave.
E.Â
An employee who retires in good standing shall receive compensation
based on a percentage of their accumulated unused sick leave, up to
a maximum of 480 hours, as follows: five years' continuous service:
10%; 15 years' continuous service: 50%; 25 years' continuous
service: 75%. In the event of an employee's death, the above
benefit will be paid to their beneficiary. This retirement benefit
will not be available to any employee hired after June 30, 2010.
F.Â
Sick time can be used for any of the following reasons:
(1)Â
Care for the employee's own physical or mental illness, injury
or medical condition that requires home care or rest, professional
medical diagnosis or care, or preventative medical care;
(2)Â
Care for the employee's child, spouse, parent or parent of a
spouse who is suffering from a physical or mental illness, injury,
or medical condition that requires home care, professional medical
diagnosis or care, or preventive medical care;
(3)Â
Attending the employee's routine medical appointment or a routine
medical appointment for the employee's child, spouse, parent,
or parent of spouse.
A.Â
All persons employed, full time or part time, who have completed
the six-month waiting period by July 1 of any year shall be entitled
to personal leave of three days to become available on July 1 for
use during the ensuing fiscal year.
B.Â
New employees having completed the six-month waiting period shall
be credited as of the end of said six months, with one personal day
for use during the period between said six-month anniversary and the
end of the then current fiscal year; provided, however, that the said
six-month waiting period must have been completed by May 1 of that
year.
C.Â
Employees who do not use any sick leave within a three-month period
(calculated quarterly) will be entitled to one additional personal
day for each such quarter; said personal days are to be used in the
same fiscal year in which they are earned. Personal leave shall be
scheduled with the approval of the department head and/or their designee.
Personal leave shall not be cumulative.
The Town provides leave in accordance with the Family and Medical
Leave Act (FMLA) and its FMLA Policy, as adopted by the Select Board
and as it may be amended from time to time. A copy of the Town's
FMLA Policy is available on the Town's website.
In the event of death in an employee's family (spouse,
children, parents, in-laws, step-children, step-parents, significant
other or someone who is under your direct care and living in your
home), up to and including five days off duty shall be granted, with
pay. In the event of death of a grandparent, grandchild, sibling,
sibling-in law, step-sibling, uncle, aunt, nephew, niece, three days
off duty shall be granted, with pay. Two additional days off, with
pay, may be granted at the discretion of the Town Manager not to be
charged against sick leave. Any time above these days is to be charged
against sick leave.
The Town provides military leave in accordance with state and
federal law.
All persons permanently employed, whether full time or part
time, called for jury duty shall be paid by the Town an amount equal
to the difference between the compensation paid for a normal working
period and the amount paid by the court, excluding allowance for travel,
and this will be certified by the Town Clerk or Treasurer upon presentation
of the check for monies received for jury duty. Jury duty pay is for
up to three days of pay.
After reaching 10 years of employment, and thereafter, each
employee permanently employed, whether full or part time, shall receive
an annual bonus equal to 2% of their annual salary, and is payable
in the first pay period after the employee's anniversary date;
at 15 years of continuous service: 2.5% of their annual salary; and
at 20 years of continuous service: 3% of their annual salary.
Travel reimbursement shall be by signed voucher at a rate established
by the IRS when using the employee's own car, plus tolls and
parking fees.
A.Â
Items which constitute grounds for disciplinary action against an
employee include: chronic absenteeism or tardiness, insubordination
or refusal to work, infraction of work and safety rules, threat of
physical violence against fellow employees, use of profane language
to a supervisor or fellow employee, or offenses of comparable gravity
or severity.
B.Â
Process.
(1)Â
Upon determination by the department head that disciplinary action
is warranted, the following guidelines shall be implemented for all
employees that have successfully completed a six-month waiting period:
|
STEP 1.
|
1st offense: written warning
|
|
STEP 2.
|
2nd offense: a formal written reprimand notifying the employee
of a one-day suspension and that one further offense shall result
in a three-day suspension without pay
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|
STEP 3.
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3rd offense: employee will receive an immediate three-day suspension
without pay and a written notification that any further offense shall
be grounds for dismissal
|
|
STEP 4.
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4th offense: immediate dismissal of the employee
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(2)Â
Depending on the particular circumstances, one or more of the above
steps may be skipped. The offense for which disciplinary action is
taken may be any combination of the items described above. For example,
offense number one could be tardiness, offense number two could be
absenteeism, and offense number three could be refusal to work or
insubordination. If an employee goes 24 months without a further offense,
the first offense beyond 24 months shall be disciplined at the level
of step one.
C.Â
The following infractions are grounds for the immediate dismissal
of an employee for just cause by the department head. Just cause may
include, but shall not be limited to, the following:
(1)Â
Willful neglect or non-performance of one or more assigned duties;
(2)Â
Demonstrated incompetence in the performance of one or more assigned
duties;
(3)Â
Behavior that seriously interferes with the normal operation of the
municipality, the department, or any member of the workforce;
(4)Â
Insubordination, which shall mean a refusal to carry out a direct
order;
(5)Â
Dishonesty in the performance of assigned duties:
(6)Â
Chronic absenteeism or tardiness without reasonable excuse;
(7)Â
Unauthorized possession or use of alcohol or an unprescribed controlled
substance during any period of assigned work;
(8)Â
Municipal theft.
The following terms used in the Salary Administration Plan shall
be defined as set forth herein:
Any employee who is regularly scheduled to work 36 hours
or more per week.
Any employee of the Town who by virtue of their classified
position is compensated at an hourly rate for services rendered.
Any employee who is regularly scheduled to work fewer than
20 hours per week. Intermittent employees are not eligible for benefits
(i.e., vacation, sick, holiday, longevity, insurance, unless required
by law) and work less than 1,040 hours per year in the service of
the Town.
Any employee who is regularly scheduled to work at least
20 hours and fewer than 36 hours per week.
Any employee, part- or full-time, who works no more than
180 days per year. Seasonal employees are not eligible for benefits
(i.e., vacation, sick, holiday, longevity, insurance, unless required
by law).
Shall be determined by dividing the time off by 40 and then
multiplying by the number of hours the employee works per week. For
example, a forty-hour-per-week employee is eligible for 120 hours
of vacation. If another employee with the same tenure works 36 hours,
the formula is as follows: 120/40 = 3. Then multiply 3 x 36 hours
= 108 hours.
The initial six-month period of employment with the Town.
