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HomeMy WebLinkAboutArticle 4 - Personnel BylawArticle IV Personnel Bylaw Article IV: Personnel Bylaw Section 1. Purpose and Authorization The purpose of this Bylaw is to assure the establishment of fair and equitable personnel policies for the Town of Framingham, together with a system of personnel administration based on merit principles that will guarantee uniform, fair and efficient application of those policies. This Bylaw also recognizes the Town's moral and legal obligations to treat fairly and equitably, all of its citizens and employees, whether past, present or future, without regard or consideration to race, sexual orientation, color, religious creed, sex, age, national origin, ancestry or disability. This article is adopted pursuant to the authority contained in Section 108A and 108C of Chapter 41 of the General Laws and the Town Manager Act, Chapter 27 of the Acts of 1996. It shall be the duty of the Personnel Board to administer, govern, and interpret this Bylaw in such a manner as to accomplish said purpose. Section 2. Application All Town departments and positions shall be subject to the provisions of the article except positions under the supervision of the School Committee and positions which are filled by direct election. Employees subject to the Massachusetts Civil Service Laws or collective bargaining agreements are subject only to those provisions in this article which are not specifically regulated by Civil Service Law or bargaining agreement. Nothing in this article shall be construed to limit any rights of employees pursuant to M.G.L. Chapter 150E. This article is intended to be in accordance with all applicable state and federal laws. In the event of inconsistencies, the state or federal law shall apply. Section 3. Definitions As used in this article, the following words and phrases shall have the following meanings unless a different construction is clearly required by the context or by the laws of the Commonwealth of Massachusetts. Appointment - The placement of a person in a position in the service of the Town. Base Pay - The rate of pay established for a position by the Compensation Plan (hourly for hourly positions; weekly for weekly positions; annual for salaried positions), prior to inclusion of any employee - related longevity, differential or other special pay types. Civil Service Law - M.G.L. Chapter 31 as amended and all rules and regulations made thereunder; and any special law enacted by the General Court regulating classifications, compensation and conditions of employment in service of the Town under M.G.L. Chapter 31. Class - A group of positions in Town service sufficiently similar in respect to duties that one position title may be applied to all, that the same requirements may be used to determine qualification of employees, and that the same test of qualification may be used to choose qualified employees, and that the same scale of pay may be applied to all positions in the group. Classification Plan - The classification plan established by the Town Manager under the authority of Chapter 27 of the Acts of 1996 and approved by Town Meeting. Compensatory Time - Paid authorized absence from work during normally- scheduled working hours administered to employees in lieu of payment for worked overtime hours, at the discretion of the appropriate Department or IV- 1 Article IV: Personnel Bylaw Division Head, and pursuant to the provisions of this article, any collective bargaining agreement and the United State Fair Labor Standards Act and Town Policy Continuous Employment - Uninterrupted employment in one or more consecutive regular full time or regular part time positions in Town service, from the first date of hire until the date of termination subject to adjustment due to unpaid leaves of absence, where appropriate: used as the standard of measure for determining benefit and leave eligibility. Department - Any department or other agency of the Town subject to this Bylaw. Department Head - The person having immediate supervision and control of a department and reporting to a Division Head or elected Board. Division Head - The person having immediate supervision and control of a division within the Town, and reporting directly to the Town Manager. Employee - Regular full -time - one who fills a position which is considered to be ongoing for an indefinite period and who works the daily and weekly schedule of hours required for that department. Regular part-time -one who fills a position which is considered to be ongoing for an indefinite period and whose job /position requirements are such that he or she is scheduled for 20 or more hours per week, but less than full -time hours. Temporary full -time - one who fills a position which is considered to be of limited duration with the employee working the daily and weekly scheduled hours for that department. Temporary part-time - one who fills a position which is considered to be of limited duration, filling a need in a Town department where the daily and/or weekly hours scheduled are less than that for full -time employees. Exempt Employee - An employee whose position is not regulated by the provision of the U.S. Fair Labor Standards Act although defined by the FLSA. Fair Labor Standards Act - The United States Act first adopted in 1938, enforced by the U.S. Department of Labor, that sets minimum wage, overtime pay, equal pay, recordkeeping, and child labor standards for employees who are covered by the Act and not exempt from specific provisions. Lateral Transfer - Transfer to a position of the same compensation grade as the original position before transfer. Longevity - The length of an employee's continuous employment. Non - exempt Employees - Employees whose employment is regulated by the provisions of the U.S. Fair Labor Standards Act. Non - represented Employees - Those employees whose position titles are not included in a collective bargaining unit. Overtime - Time worked in excess of a non - exempt employee's normally scheduled number of hours per day or week. Pay Plan - The compensation plan established by Section 5 of this article and by votes of the Town Meeting in relation thereto, under authority of M.G.L. Chapter 41, Sections 108A and 108C, as amended. Position - A post of employment established in the Classification Plan of this article, with assigned duties and responsibilities. Probationary Period - The first six months of employment is a probationary period. Prior to completion of the probationary period, an employee evaluation is completed, including a written recommendation relative to the IV -2 Article IV: Personnel Bylaw retention or termination of the employee. If the employee's job performance is found to be unacceptable, the service of the employee may be terminated. The probationary period may be extended by the Town with the approval of the Human Resource Director and the Department Head. Promotion - A change from a position of lower class and compensation grade to a position with greater responsibilities in a higher class and compensation grade. Rate - A sum of money designated as compensation for hourly, weekly, monthly or annual employment services. Reclassification - A change made to a position title within the Classification Plan as a result of a change in duties required to be performed by the position. Represented Employees - Those employees whose position titles are included in a collective bargaining unit. Step /Step Rate - The rate(s) in the range of a pay grade. Section 4. Classification Plan The official Classification Plans or positions in the service of the Town shall consist of the classes listed by titles in Schedule A which is incorporated as a part hereof. Section 5. Pay Plan The official schedule of pay rates of each position defined in the Classification Plan shall consist of the pay grades showing the minimum and maximum salaries or wages, with step rate increases therefore, to be paid to employees in positions allocated to the various classes in the Classification Plan. This is referred to as Schedule B of the Personnel By -Law. The pay grade for each class shall be the pay grade assigned to such class, as shown in Schedule A. Additional compensation shall be paid to employees in positions in certain classes, as provided in Schedule B or as authorized by the Town Manager. Section 6. Amendments to Classification and Pay Plans The Personnel Board shall have the right to review any amendments to the Classification and Pay Plans, to the provisions for administering such plans, and to this Bylaw, as it may deem the facts to warrant such review. The pay grades and additional compensation as provided in Schedule B, when and as adjusted by vote of the Town at Town Meeting shall be effective on the dates so recommended and approved by Town Meeting, including those provided in labor agreements between the Town and the various bargaining groups. Section 7. Personnel Board and Human Resources Director There shall be a Personnel Board consisting of five members appointed by the Moderator. In making his /her appointments, the Moderator shall take into consideration the personal qualifications of those citizens who will best meet the responsibility of the Personnel Board to administer this Personnel Bylaw in the best interest of the employees and the citizens. All members of the Personnel Board shall be residents of the Town and shall serve without compensation. IV -3 Article IV: Personnel Bylaw Each member of the Personnel Board appointed by the Moderator shall serve for a term of three (3) years beginning on the July Ist date following the expiration of the previous term. Each such member shall hold office until his /her successor is appointed in the manner provided above. The term of service for two members shall expire on June 30th of the even year; the term of service for two members shall expire on June 30th of the odd year; and the term of service for one member shall expire on June 30th of the even year following the above odd year. Any member while serving on the Personnel Board shall not at the same time be a Town employee, Town Meeting member, elected official of the Town, or member of any standing board, committee, or commission of the Town. If any member shall resign or otherwise vacate his /her office (whether by ceasing to be a resident of the Town or by his /her candidacy and/or election as Town Meeting member, Town official, or by accepting other voluntary or paid Town position), his /her successor shall be appointed forthwith in the same manner as was the member so resigning or vacating. Such successor shall serve until the expiration of the term of the member so resigning or vacating. The Personnel Board shall organize annually, as soon after July 1st or as soon as possible after the close of the Annual Warrant, whichever comes later, at the call of either the then Chairperson or the Town Moderator, and shall elect a Chairperson and a Clerk from among its members. The Chairperson and Clerk shall each hold office until his /her respective successor has been elected. In the event of a vacancy in the office of the Chairperson or Clerk prior to the organization meeting, the Personnel Board shall elect a successor Chairperson or successor Clerk from among its members, such successor to serve until the next organizational meeting of the Personnel Board and until his /her successor has been elected. The Personnel Board shall hold meetings as it deems appropriate to serve the Town and administer its role in accordance with this by -law. By -Law Administration - The Personnel Board may monitor the administration of all aspects of this article and may make recommendations to the Town Meeting and to the Town Manager in respect thereto as said Board deems necessary, proper and prudent, to maintain the integrity of the operation and policies of this by -law. Personnel Records Access and Maintenance - The Personnel Board shall have access to all facts, figures, records and other information as granted by MA Public Records Law. 7.1 The Town shall have a Human Resources Director who shall be appointed by the Town Manager, with the approval of the Board of Selectmen. The Town Manager may designate an existing town position to include the Human Resources Director duties and title, or may appoint a Human Resources Director as a separate town position. The Town Manager may appoint an interim Human Resources Director to fill any vacancy. 7.1.1 The person appointed by the Town Manager shall possess ability and management experience in the field of Human Resources. 7.1.2 Subject to the direction and supervision of the Town Manager, the Human Resources Director shall perform the following duties with respect to all positions and Departments having employees whose positions are subject to this By -Law: (a) Shall maintain the personnel records of all Town employees. (b) Shall provide liaison between all Town Departments and the Personnel Board so as to keep its members fully informed of the policies and work rules of management and to provide them with information on matters before them for consideration. IV -4 Article IV: Personnel Bylaw (c) Shall assist the Personnel Board in making studies and in the administration of personnel matters under its jurisdiction. (d) Shall have custody of all job descriptions and shall see that they are complete and current and accurately describe the duties which each employee is responsible for performing. (e) Shall regularly review the Classification Plan and as required by the budget making process, shall prepare recommendations as to assignment of new positions and reassignment of existing positions within the Plan. (f) Shall regularly review the Pay Plan and, as required by the budget making process, shall prepare recommendations as to adjustments in pay scales required generally by reason of changes in the cost of living or otherwise and as to specific adjustments required by reason of changes in the nature of the duties and responsibilities of particular positions or classes of positions. (g) Shall, upon the request of any Town Department Head, prepare and assist in conducting training programs for the employees of that Department for the purpose of improving their effectiveness in their jobs. (h) Shall, to the extent consistent with applicable grievance procedures, investigate the facts giving rise to grievances and make recommendations to the Town Manager at any step of the grievance procedure. (i) Shall make studies and recommendations to the Town Manager and the Personnel Board concerning action to improve working conditions and employee morale. (j) At the request of the Town Manager, to act for the Town in collective bargaining, shall make such studies as may be requested and shall participate to the extent requested by the Town Manager or those persons in collective bargaining on behalf of the Town. (k) Shall maintain a record of all persons seeking employment with the Town and shall conduct a program of recruitment to obtain for the Town best qualified prospective employees. All Departments of the Town, subject to this Bylaw, shall forthwith notify the Human Resources Director of all vacancies as they occur in positions under the Town Pay and Classification Plans. Upon request from a Department Head or appointing authority, shall assist in the recruitment of prospective employees, and shall within 14 work days of receipt of such a request, provide a list of any persons who have signified interest in the vacant position, and then shall assist in the screening and selection as hereinafter more fully described in Section 16 of this Bylaw. (1) Shall provide liaison as fully as may be permitted by law between Town Departments and those agencies of the Commonwealth, including the Civil Service Commission, having jurisdiction over any employee of the Town. (m) Unless otherwise provided by law, shall administer all Town, including School Department employee benefit programs, including without limitation, workers' compensation, safety, and hospital and medical and life insurance programs. IV -5 Article IV: Personnel Bylaw Section 8. Continuing Review The Personnel Board, at the request of the Town Manager, shall conduct studies of general pay rates in the areas, in comparable municipalities in the state and in comparable positions outside the service of the Town. The Town Manager and/or the Personnel Board shall also consider such other factors as the change in the cost of living index and any other factors which in the opinion of the Town Manager and/or the Personnel Board may affect the general economic situation. Section 9. Class Definitions The Personnel Board may review from time to time, written definitions of the classes in the Classification Plan, and may suggest to the Town Manager, amendments to each including statements describing the kind of work, the distinguishing features of the work and such illustrative examples of duties as may be deemed appropriate as well as placements in the appropriate class and grade. Any changes made to the Classification Plan will be presented to Town Meeting for approval in accordance with the By -Law. Section 10. Interpretation of Class Definitions The definitions of the classes shall be interpreted as descriptive only and not restrictive. The definitions for any class shall be construed solely as a means of identifying positions properly pertaining to the class, and not as prescribing what the duties or responsibilities of any position of the class shall be, nor as modifying or in any way affecting the power of any administrative authority as otherwise existing, to assign duties to, or to direct and control the work of any employee under the jurisdiction of such authority. Section 11. Records and Requisitions The Human Resources Director shall keep such personnel records of all employees of the Town subject to the Classification and Pay Plan in accordance with law and Town policy. These records shall include the name, age, date of employment, Civil Service classification, if any, Town classification, title, and other pertinent data. Section 12. Titles of Positions No person shall be appointed, employed, or paid as an employee in any position under the Classification and Pay Plans under any title other than that of the class to which the position is allocated. The title of each class shall be the official title of every position allocated to the class for all purposes having to do with the position as such, and shall be used to designate the position in all payrolls, budget estimates, and official records and reports, and in every other connection involving personnel and fiscal processes. Section 13. Step Rate Increases A step rate increase between the minimum and maximum salaries or wages for all pay grades shall be the amount shown in the Pay Plan as amended. IV -6 Article IV: Personnel Bylaw Employees who are employed in any full-time or part-time positions within the Classification and Pay Plans and who have achieved a satisfactory performance review shall be eligible to receive a step increase on the anniversary date of appointment to said positions. No employee shall be entitled to any step rate increase authorized by this section except upon recommendation of his /her Department Head, subject to approval of the Human Resources Director. If a Department Head and/or the Human Resources Director refuses to recommend any increases authorized by this section, or fails to recommend such an increase within ten days following the date when any employee in the Department would otherwise be eligible therefore, such employee shall have the right of appeal to the Personnel Board who shall confer with such employee, and the Department Head before making a recommendation thereon. An employee in a seasonal position within the Classification and Pay Plan shall be entitled to a step rate increase when he /she has completed a full season in the same position. A step rate increase, as provided in this Section, shall be granted only until the employee attains the maximum salary or rate of the pay grade within the class to which his /her position has been allocated. Section 14. Payrolls 14.1 All departments employing hourly, temporary full -time or temporary part-time personnel shall certify their hours worked by submitting an authorized time sheet documenting such hours. 14.2 For the purposes of cost analysis and compilation of pertinent data and statistics, the Town payroll shall accurately itemize and separately reflect at least, the following information for all employees: (a) Hours Worked (b) Hours Paid for Sick Leave (c) Hours Paid for Personal Day(s) (d) Hours Paid for Bereavement Leave (e) Hours Paid for Vacation Leave (f) Holiday Pay (g) Hours Paid for Compensatory Time (h) Hours Paid Under Workers Compensation Section 15. Recruitment, Selection and Employment 15.1 All Department Heads shall give advance notice to the Human Resources Director, in such form as the Director may require, of all intentions to fill any vacancy within the Department. All requests for personnel will be made in accordance with Town Policy and Procedures. 15.2 Except as otherwise provided in labor agreements between the Town and the various bargaining units, or by Civil Service requirements, the Human Resources Director shall initiate and assist the Department Head in the search for well- qualified applicants. IV -7 Article IV: Personnel Bylaw The process of searching out and finding well qualified applicants shall be instituted among Town employees as well as all applicants. 15.3 With the exception of Department Heads, all job qualifications shall be established jointly by the Human Resources Director and the Department Head and shall be adhered to as a minimum in filling the position. Such qualifications shall be delineated and described in terms of the minimum requirements necessary for an applicant to possess to qualify for the position. The specific qualifications shall relate to the functions and duties of the job to be performed. 15.4 The Human Resources Director and staff shall assist the Department Head in the processing and screening of all applicants and the arrangement of interviews of all well qualified applicants. 15.5 Vacancy in any position within the Classification and Pay Plans may be filled by the Department Head with the consent of the Town Manager 15.6 A vacancy in any Department Head, Division Head or managerial position shall be filled by the appointing authority with the review by the Personnel Board. The Personnel Board may review the qualifications of the finalists for the position. 15.7 When an employee is appointed on an acting or temporary basis, until such time as a permanent appointment is made, the employee may be paid on a temporary basis at a rate recommended by the Department Head and approved by the Human Resources Director yet included in the Pay Plan. When there is a need to fill any position listed within the Classification and Pay Plan on a temporary basis, except part-time designated seasonal employees, the period of temporary employment for any person filling such a position shall not exceed a period of three months and no more than one temporary assignment may be made to an individual within one twelve month period. Any extension of the above three month period or additional assignment within a twelve month period may be made only with the prior approval of the Town Manager. The Human Resources Department shall be notified forthwith as to all vacancies to be filled in both temporary and permanent positions and the Human Resources Department shall assist in the recruiting, screening, and selecting of the persons to fill these positions. 15.8 With regard to new personnel: 15.8.1 The starting compensation rate shall be step I of the grade level authorized for the job on the Classification Plan for which the new employee is hired unless otherwise authorized by the Town Manager. 15.8.2 For new personnel be they regular full time or regular part time, the first six months (or more if determined necessary) of employment shall be a probationary period. The employee while in the probationary period shall be eligible to participate in benefits for Town employees in the manner described below: 15.8.3 Employee Benefits (a) Health Insurance - The Town will assume the costs of health plans it may offer its employees at the percentage agreed to in the manner established by M.G.L. Chapters 32B and 150E. (b) Life Insurance - The Town will assume the costs of the basic group life and accidental death and dismemberment insurance it may offer its employees at the percentage agreed to in the IV -8 Article IV: Personnel Bylaw manner established by M.G.L. Chapters 32B and 150E. Employees may purchase additional coverage at their own expense. (c) Contributory Retirement System - Funds shall be deducted for retirement purposes and applied to retirement from the date of deduction. (d) Vacation, Personal Days, Longevity - The initial date of hire will be the date used for determining eligibility for vacation leave, personal days, and longevity for such employee in accordance with Town policy. (e) Sick leave - Any employee will be permitted to use accumulated sick leave in accordance with the Town Policy on Sick Leave. (f) Holidays- The employee who is in pay status the work day prior to and following the holiday will be paid for the holiday and in accordance with the Town policy on Holiday pay. Section 16. Allowance for Vacation Leave Vacation leave shall be granted in accordance with the Town's policy on Vacation Leave, the Collective Bargaining Agreement and applicable State and Federal Laws. Section 17. Leave of Absence The Town Manager may grant leaves of absence in accordance with Town Policy and Collective Bargaining Agreements. Section 18. Sick Leave 18.1 Sick Leave may be granted as outlined in the Town's policy on Sick Leave. 18.2 Any employee who fraudulently reports illness or injury in order to secure the benefit of sick leave with pay shall be subjected to disciplinary measures up to and including discharge. 18.3 Accrued personal sick leave may be used to supplement Workers' Compensation benefits. Section 19. Longevity Pay Longevity pay shall be paid to any regular employee in the Town service covered by the Classification Plan, at the rate of two hundred dollars annually after the completion of ten years of continuous service, and only after the completion of each successive year of service thereafter. An additional fifty dollars shall be paid annually for the completion of each additional five years of continuous service thereafter. Said longevity pay shall be due and payable within thirty (30) days after the anniversary date of completion of said service. The continuous service of an employee shall not be deemed to have been broken by service in the Armed Forces of the United States providing such employee returns to the Town employment within two years of his /her service termination date, and provided further that the employee's time in the Armed Forces is limited to four years of service time unless it is involuntary service, in which case it may exceed four years. Section 20. Work Week IV -9 Article IV: Personnel Bylaw Full -time employees of Town departments, except as provided in the respective labor agreements, shall work thirty -seven and one -half hours. Any overtime hours shall be paid, over forty hours, and in accordance with Federal Fair Labor Standards Act. Section 21. Employee Review Each employee covered by the Personnel By -Law shall have his /her work performance and attendance record reviewed at least once each year. Such review shall be made immediately prior to the employee's work anniversary date with the Town. Said review, made by the employee's Department Head or appointing authority, shall be discussed with the employee and the employee shall be requested to sign his /her review sheet stating that he /she has read said review and further that his /her Department Head or appointing authority has discussed the contents thereof with him/her. After the employee has signed said review sheet, it shall then be forwarded to the Human Resources Department which department shall be responsible that said reviews are, in fact, done. Section 22. Civil Service Law Nothing in this By -Law shall be construed to conflict with Massachusetts General Laws, Chapter 31 as to those employees under the jurisdiction of Civil Service. Section 23. Americans with Disabilities Act As of July, 1992 all provisions of this By -Law must conform to the requirements of the Americans with Disabilities Act. In keeping with the recommendation of the Report of the House Committee on Education and Labor (Report No. 101 -485) the Town shall take all action necessary to comply with the Act. Section 24. Disciplinary Actions 24.1 The Town shall follow a progressive disciplinary policy of oral and written warnings, suspensions, and terminations. Department Heads may start the disciplinary process at any stage of the process with the approval of the Human Resources Director. Section 25. Dispute Resolution 25.1 Any employee who feels aggrieved by the administration of any provision of the By -Law or Town policy may take the matter up with his /her immediate supervisor. 25.2 If the matter is not cleared up following a discussion with the immediate supervisor, the employee may submit a written complaint to his /her Department Head. The Department Head may give the employee an informal hearing and attempt to reach a mutually satisfactory adjustment. 25.3 If the matter is not satisfactorily settled within two weeks after a written complaint is made, either party may submit the question to the Personnel Board. The Personnel Board shall take the matter under advisement, may hold a public or private hearing at the written request of the employee and shall provide a recommendation to the Human Resources Director within thirty days. IV - 10 Article IV: Personnel Bylaw Section 26. Employment Contracts All employment contracts must be executed in accordance with the applicable state statute and be in compliance with both state and federal law. IV- 11