[HISTORY: Adopted by the Town of Barnstable ______________(Art. I of Ch. V of the General Ordinances as updated through 7-7-2003). Amendments noted where applicable.]
All Town departments and all positions in the Town service, excepting elected officials and excepting employees appointed by the School Committee shall be subject to the provisions of this chapter, in pursuance of the provisions of §§ 108A and 108C of Chapter 41 of the General Laws. To the extent that any provision of an approved collective bargaining agreement conflicts with any provisions of this chapter, with respect to employees covered under such labor agreement, the provisions of the approved collective bargaining agreement shall prevail.
The general purpose of this chapter is to establish a system of public personnel management based on merit that meets the social, economic and program needs of Town government. It is the intent of this chapter to provide means to recruit, select and develop and maintain a responsive work force. All personnel actions in the Town service shall be made without regard to sex, race, religion, color, age, handicap, political affiliation or other non-job-related factors, and shall be based on merit and fitness.
As used in this chapter, the words and phrases listed below shall have the following meanings, unless a different construction is clearly required by the context or by the laws of the commonwealth:
- A position or group of positions sufficiently similar with respect to the duties and responsibilities, so that the same descriptive title may be used to designate each position allocated to the class, that the same qualification shall be required of the incumbents, that the same tests of fitness may be used to choose qualified employees and that the same scale of compensation can apply with equity.
- CLASSIFICATION PLAN
- A schematic list of classes supported by classification criteria and class specifications of job descriptions.
- COMPENSATION PLAN
- A salary or wage schedule keyed to classification grade levels, the rules for administration of salaries, provisions on travel and provisions on all forms of fringe benefits.
- Any department, board, committee, commission or other agency of the Town subject to this chapter.
- A person appointed to a positions in the Town service.
- PERSONNEL CODE
- A written document describing the personnel policies and regulations adopted by the Town Manager.
- A group of current duties and responsibilities assigned or delegated by appropriate authority to one person.
- The Town of Barnstable.
There is hereby established a Personnel Board consisting of five members to be appointed by the Town Council. Each member shall serve for an overlapping term of three years. Appointees hereunder shall continue to hold their offices until the appointment and qualification of their successors. No person shall serve upon said Board who is not a registered voter of the Town. In making these appointments, the Town Council shall give consideration to the personal qualifications of those citizens who will best meet the responsibilities of the Board to represent the interest of Town government and taxpayers. The Board shall consist of members who are familiar with the principles and experienced in the methods and practices of personnel administration. If any member of the Personnel Board shall resign or otherwise vacate his/her office before the expiration of his/her term, his/her successors shall be appointed by the Town Council to serve for the balance of the unexpired term.
The Personnel Board shall elect its own Chairman, Vice Chairman, and Secretary; and in the absence or incapacity of the Chairman, the Vice Chairman shall act as Chairman. The Board shall keep a record of its official proceedings and actions, may establish its own rules of procedure and may, subject to appropriation therefor, make such expenditures as may be deemed necessary to the performance of its duties. Three members shall constitute a quorum for the transaction of the business of the Board, and the affirmative vote of three members shall be necessary to any official act of the Board.
The Town shall furnish the Board with such office space as it may require for the performance of its duties and the storage of its property and, upon application of the Board, shall provide it with an adequate place for the holding of public hearings.
The Personnel Board shall, from time to time, formulate personnel policy in the form of a Personnel Code, or sections thereof including amendments, for the purpose of proposing to the Town Manager such changes as will give effect to the provisions of this chapter and votes of the Town Council with respect to personnel management. Town Manager shall consider and take action on all such proposals, and may adopt such sections and amendments as he deems necessary or advisable for the furtherance of sound personnel practices in Town government. The Town Manager is authorized to initiate policy in his own right, in which instance, it shall inform the Personnel Board prior to adoption, permitting the Personnel Board the right of review and comment. With regard to any personnel policy or change thereof which incorporated any increase in funding, such policy or change may be adopted, contingent upon favorable action of the Town Council with respect to the approval of necessary monies to support such change or changes.
The duties of the Personnel Board shall also include the following:
To advise the Town Manager on problems arising in personnel management and be available to the Town Manager for discussion of critical personnel policy decisions;
To hear appeals, receive evidence and determine facts, and affirm, modify or reverse the administrative action appealed from and direct proper action taken;
To make any investigation which it may consider necessary or desirable concerning personnel management in Town government.
To conduct any special study or studies it deems advisable for the improvement of personnel management in Town government;
To render assistance to the Town Manager in his role in collective bargaining, by providing information and data on matters related to the collective bargaining process; and
To prepare and render to the Town Manager an annual report of its activities on or before January 1 of each calendar year.
There shall be a Personnel Department headed by a Personnel Director. The Personnel Director shall be experienced in personnel management and public administration and shall be in sympathy with merit principles. The Director shall be appointed by the Town Manager to serve at the pleasure of the Manager in the same manner as other appointive department heads.
The Personnel Director shall direct the administrative and technical activities of the Department and shall:
Encourage and exercise leadership in the development of effective personnel management within the several departments in Town government, and make the services and facilities of the Department available to all Town departments.
Advise the Personnel Board and Town Manager in human resource planning and utilization.
Administer the personnel management system of Town government under the Town Manager.
Establish and maintain records of all employees in Town service.
Apply and carry out the provisions of this chapter, the Personnel Code and perform any lawful acts which may be necessary or desirable to carry out the purposes and provisions of applicable laws and regulations.
Provide advice and services to both the Personnel Board and Town Manager in all matters pertaining to personnel management, to the extent of available resources.
Render an annual report of the Department's activities and operations to both the Personnel Board and Town Manager on or before January 1 of each calendar year.
The Town Manager, in consultation with the Personnel Director and the Personnel Board, is empowered and authorized by this chapter to establish a Personnel Code, consisting of personnel policies and regulations for the maintenance of a public personnel management system, based on merit and consistent with these principles:
Recruiting, selecting and advancing employees on the basis of their relative ability, knowledge and skills, including open consideration of qualified applicants for initial appointment;
Providing equitable and adequate compensation;
Training employees, as needed, to assure high quality performance;
Retraining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected;
Assuring fair treatment of applicants and employees in all aspects of personnel management without regard to political affiliation, race, color, national origin, age, sex, handicap or religious creed and with proper regard for their privacy and constitutional rights as citizens; and
Assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or a nomination for office.
The Personnel Code may be amended by the Town Manager from time to time. Such amendments shall be referred to the Personnel Board for its review and comment, if any, prior to its adoption. Relative to its approval of the code or any amendments thereto, pertaining specifically to any proposal or proposals entailing any increase in Town funding, such approval may be given by the Town Manager, contingent upon favorable action by the Town Council which action shall be limited to the matter of funding. The substance of any proposed change may be discussed by the Town Council, provided that the vote is on the basis of funding, and not on the substance of the Personnel Code, or any change(s) thereto.
The Town Manager from time to time, with the assistance of the Personnel Board and Personnel Director, shall initiate reviews and evaluations of the operation of the personnel system for conformance with the provisions of this chapter. Such reviews shall be scheduled as often as the Town Manager finds necessary to improve and maintain the personnel system consistent with the provisions of this chapter. The Town Manager shall see to it that classification reviews are conducted as often as he finds necessary to reflect changes in the classification as established or to establish new classifications as warranted. The Town Manager shall likewise direct studies of compensation and fringe benefits in effect for comparable positions outside of the service of the Town at least annually.
The Town Manager, following consultation with the Personnel Board and Personnel Director, shall make recommendations to the Town Council for adjusting compensation and fringe benefits in conformance with such studies.
The Personnel Ordinance currently in effect and any parts of other ordinances which conflict with the provisions of this chapter are hereby repealed. The provisions of the Personnel Code in effect immediately prior to the effective date of this chapter shall remain in effect subject to modification, amendment or repeal as provided in § 242-4A.
If any part of this chapter is for any reason held to be unconstitutional or otherwise invalid, such invalidity shall not affect the validity of the remaining parts.