TOWN EMPLOYEES AND PERSONNEL BOARD
Printed Version of Article 24
Section 1 Personnel Board
|In accordance with Section 4-2 (4) of the Charter, there shall be an unpaid Personnel Board appointed by the Town Administrator consisting of five (5) members who shall serve a term of three (3) years beginning June 1, so arranged that the terms of as nearly an equal number of members as is possible shall expire each year.
|Any member on the Personnel Board shall not at the same time be a Town employee nor hold any other appointive or elective position except that of Town Meeting member. However, a member of the Personnel Board is allowed to serve on (1) any other Town committee for which the Personnel Board is designated as responsible for nominating or appointing one or more members or (2) any other Town committee established as an advisory committee dealing with personnel-related matters
|If any member shall resign or vacate his/her office, whether by ceasing to be a resident of the Town or other reason of qualification, his/her successor shall be appointed forthwith to fill the unexpired term
Section 2 Policy and Administration
|The Personnel Board shall serve as the policy making authority of the Town in personnel matters and shall perform the following functions:
|Approve and recommend Classification and Pay Plan to Finance Committee and Town Meeting;
|Review and recommend employee benefit programs and conditions of employment;
|Advise and review personnel procedures and administrative practices as carried out under Article 4-2, Sections 4 and 14 of the Natick Town Charter.
|The Town Administrator or his or her designee shall serve as Personnel Director of the Town, and in this role make recommendations to the Personnel Board on policy matters and administer the day to day personnel practices, procedures and systems of the Town, including, but not limited to:
|Employee recruitment/testing/selection appraisal/evaluation;
|Employee training and development;
|Employee benefits and service programs;
|Employee safety and health programs;
|Employee discipline and grievance procedures.
Section 3 Classification
|The official classification for the positions covered by this By-law shall consist of those presented to the Town Meeting.
|The Pay Plan shall fix the compensation for each employee covered under the Personnel By-law. Provided however that the Town Administrator, pursuant to the Employee Evaluation procedure described in Section 9 and subject to available funds, may award a single instance payment to those employees whose work exceeds expectations; said payments shall not be added to base pay. All such payments shall be reported publicly to the Personnel Board at their next regularly scheduled meeting. Any such payments for personnel appointed by the Board of Selectman shall be subject to their approval.
|All employees entering the employ of the Town and subject to classification of the Pay Plan shall be compensated at the rate of pay recommended by the Personnel Director and approved by the Town Administrator. Notification to the Personnel Board on all such decisions shall be made in a timely fashion.
|The Personnel Board may establish during the year the salary schedule which shall be paid in a new position title necessary to the conduct of the business of the Town.
|The Personnel By-law shall govern Town Employees excepting those employees appointed by the School Committee and excepting elected officials and excepting those employees in recognized exclusive bargaining units. This By-law shall not abridge the powers of the Trustees of the Morse Institute Library conferred by the will of Mary Ann Morse.
|The Personnel Director shall maintain current job descriptions for all positions in the Classification and Pay Plan which shall include statements describing the kind of work, the distinguishing features of the work and such illustrative examples of duties as may be deemed appropriate. Such documents shall be kept in the Office of the Town Administrator.
|A continuing review of the work of all positions subject to the provisions of this By-law shall be made by the Personnel Director and recommendations forwarded to the Personnel Board for presentation to Town Meeting, including such amendments to the Classifications and Pay Plans and to the provisions for administering such plans as may be necessary from time to time.
|All requisitions for persons to fill positions or perform duties subject to the Classification Plan shall be submitted to the Personnel Director, authorized by the Town Administrator, and notification sent to the Personnel Board.
|All changes of classification, transfers, changes in salary or other changes in the status of employees subject to the Classification Plan shall be reported to the Personnel Director and approved by the Town Administrator where required, prior to effective date of any such change.
|The Classification and Pay Plan most recently adopted by the Natick Town Meeting is incorporated into this paragraph by reference.
Section 4 Vacancies and Recruitment
|In recruitment of positions in the Classification Plan, the Personnel Director shall assist the Department Head in searching out and finding well-qualified candidates and will review the methods for recruitment and selection to be used. In any case, unless otherwise specified by law, the Town Administrator shall make the final appointment in accordance with the provisions of Section 4-2, Item 3 of the Natick Home Rule Charter.
|Every newly-hired permanent employee of the Town (excepting elected officials) shall be certified by a practicing physician or nurse practitioner designated by the Town Administrator, as to his/her fitness to perform the duties of the position with or without reasonable accommodation(s) to be certified by a practicing physician or nurse practitioner designated by the Town Administrator to which such person is assigned, prior to commencing work.
If the Personnel Board or Town Administrator deems such action necessary to the protection of the town, it may require any temporary employee who is to be employed for thirty (30) days or more, or any temporary appointive employee who has been employed by the Town for thirty (30) days and has not been so certified by a physician or nurse practitioner, designated by the Town Administrator, as to his or her physical fitness to do the work required by the Town with or without reasonable accommodation(s) to be certified by a practicing physician or nurse practitioner designated by the Town Administrator. The certification required hereunder shall be in such form as the said Board shall determine. The cost of any physical examination required by this section shall be paid by the Town.
These employees are exempt from the provisions of the Fair Labor Standards Act.
|Except where otherwise directed, all new employees (or employees transferring to new positions) shall be considered on probation for a period up to a year, the length of time to be determined by the Town Administrator after recommendation of the Department Head.
|The date on which an employee is appointed (even through the probationary period) shall govern in determining vacation, sick leave and other such benefits unless otherwise expressly provided in the appointment.
Section 5 Employee Status
|Employees in positions designated "Administrative/Supervisory/Technical" shall be required to work the normal work week and any other additional hours needed to fulfill the responsibilities of the position. The annual salary established for such employees shall be their total compensation for hours worked.
|All other full-time employees shall be paid time and one-half for hours worked in excess of forty hours in a work week.
The same full-time employees shall be compensated at a rate of two times their normal hourly rate for all work on holidays listed in Section 7.
|A full-time employee is one who is scheduled to work not less than 37 1/2 hours per week for 52 weeks minus legal holidays and authorized leave.
|A regular part-time employee is defined as one who is scheduled to work for a period of 1,040 hours in the aggregate during the 12 months preceding the first day of July each year.
|A part-time employee is one who is employed less than full-time or regular part-time as described in 5.3 and 5.4.
|For the purposes of determining benefits for employees, the following shall apply:
|Full Time All full-time employees shall be entitled to full-time benefits contained herein.
|Regular Part-Time All "Regular Part-Time" employees shall receive regular benefits on a pro-rated basis.
|Part Time All Part-Time employees, as described in 5.5 shall receive no employee benefits related to leaves, holidays, vacations, etc.
Section 6 Grievance Procedures
|It is the intent of the Town to provide each employee with suitable working conditions, environments, practices and procedures so as to provide the maximum effectiveness, efficiency and motivation to perform the duties assigned. In the event there is a problem or grievance regarding interpretation or application of this By-law, the following remedies are provided.
| A review of the situation with the employee's immediate supervisor shall take place.
|If results are unsatisfactory, a written statement shall be submitted within ten (10) days to the Department Head, who shall respond within fifteen (15) days as to what action is to be taken.
|If not settled by procedures set forth in Steps 1 or 2, it shall, within ten (10) days be submitted to the Town Administrator, who shall respond within fifteen (15) days. Before making a final determination, the Town Administrator shall receive a recommendation from the Personnel Director.
|The Town of Natick retains all rights which it has or hereafter may acquire, including, but not limited to, the right to direct employees, to determine the method, means and personnel by which such operations are to be conducted, to promulgate rules and regulations, and to take whatever action necessary to carry out the mission in the applicable Department.
Section 7 Employee Benefits
All "Full-Time" and "Regular Part-Time" employees shall be paid for the following holidays, if such employee has been in a regular pay status during the pay period preceding said holiday:
New Year's Day Labor DayMartin Luther King DayColumbus DayWashington's BirthdayVeteran's Day Patriot's DayThanksgiving Memorial DayDay after ThanksgivingIndependence DayChristmas Day
If the holiday falls on a Saturday, it will be observed on the preceding Friday, and if the holiday falls on a Sunday, it will be observed on the following Monday.
If a holiday listed above falls on a Full-Time or Regular Part-Time employee’s approved vacation day, the employee shall receive holiday pay in lieu of being charged vacation time.
|Vacations shall be calculated based upon the fiscal year of the Town. Vacations shall be based upon the length of service as of the anniversary date of employment of each employee.
|Vacations shall be granted on an accrual basis, with the pro-rated vacation awarded on the first day of each month, based on the following schedule:
Provided, however, that the Town Administrator shall have the discretion at the time of hire of new staff to grant vacation up to a maximum of five weeks (5), based on the new hire’s vacation earnings at his/her most recent position and market conditions affecting the Town’s ability to attract qualified personnel.
|Vacation for a new employee shall be pro-rated based on the number of full months worked in his/her first fiscal year of employment, provided however that vacation shall not be taken until after the probation period.
|Preference as to vacation dates is to be determined by seniority of service within Departments and in all cases must be approved by the Department Head (or Town Administrator in the case of Department Head's vacations) who shall authorize such vacations at such time in his/her opinion will cause the least interference with the performance of the regular work of the Town.
|Unless otherwise authorized by the Town Administrator through the Personnel Director, vacation cannot be carried over from one fiscal year to the next.
|Any full-time employee, not subject to the provisions of Section III and Section III E of Chapter 41 of the General Laws, whose employment is terminated during a year by dismissal through no fault or delinquency on his/her part or by resignation, retirement, or death, without having been granted the vacation to which he/she is entitled, or in the case of death, the estate, shall be paid at the regular rate of compensation payable to the employee at the termination of employment, an amount in lieu of such vacation; provided that no monetary or other allowance has already been made therefor. The Head of the Department in which the person was last employed shall enter on the departmental payroll all amounts due and payable under the above paragraph.
|Leave of Absence
|Work-Related Injury Leave
An employee injured while performing his/her official duties in behalf of the Town shall file for occupational sick leave benefits under the provisions of Workmen's Compensation laws of the Commonwealth of Massachusetts. Benefit administration and requirements for the employee shall be available in the Office of the Town Administrator. Sick leave may be used, when available, during any periods of time a work-related injury claim may be pending, provided that the employee agrees in writing to reimburse the Town for the proportion of time used during this "pending period".
|Non-Work-Related Sick Leave
Except as provided in Section 7.3.3B below, regular full-time employees will accrue sick leave at the rate of one (1) day per month of employment (not to exceed twelve (12) days in any year), and employees’ maximum accumulated sick leave shall not exceed one hundred (100) days. Such sick leave may not be used during the "Probationary Period" (up to one (1) year as established by the Town Administrator).
The granting of non-work -related sick leave and payment of compensation shall be subject to the following provisions:
|Sick Leave Buy Back
|Effective July 1, 2013, the previously existing Sick Leave Buy Back Program shall be eliminated. Instead, the Town shall fully fund a long-term disability program for benefit eligible employees.
|For employees who, as of July 1, 2013 (1) have accumulated sufficient sick leave to qualify for sick leave buyback, as outlined below and (2) have submitted a statement of intent to retire from the Town of Natick prior to July 1, 2018, the following provisions shall apply:
|Employees who, as of July 1, 2013 have accumulated sufficient sick leave to qualify for sick leave buyback, as outlined below, but who have NOT submitted a statement of intent to retire from the Town of Natick prior to July 1, 2018, shall be paid for their sick leave accumulated as of July 1, 2013 in accordance with the following paragraphs; said payment shall be made as soon as practicable after July 1, 2013.
Military LeaveA leave of absence for military service shall be granted to any full-time employee who is a member of reserved component of any of the Armed Forces of the United States and who is required to engage in field training. This leave of absence shall be in addition to his vacation.
|If the amount of compensation the employee received from the Federal or State Government for temporary training duty (a period not to exceed fifteen (15) consecutive days) is less than the base compensation which he would have received for the same period, he shall be paid the difference by the Town upon proper evidence of military service and of compensation received.
|When an employee, not on probation, enters military service of the United States, indefinite leave of absence without pay or benefits shall be granted for the duration of such military service. Each employee may be reinstated without loss of privileges or seniority accrued to the last day worked, provided he reports for duty with the Town within sixty (60) days following his honorable discharge for military service, and provided he has not voluntarily extended the length of his military service.
In the event of death of a member of an employee’s family (as defined below), the employee will be permitted to be absent without loss of pay based at the employee’s straight time hourly rate of pay, as follows:
|Leave of Absence without Pay
Leave of absence without pay may be granted by the Personnel Director with authorization from the Town Administrator upon the advice of a Department Head under the following conditions:
Full-time employees shall earn three (3) personal days effective July 1st of each year. Said days must be used by June 30th of each year.
Any regular full-time female employee who has not completed twelve consecutive months of service, but who has completed more than three (3) consecutive months of service, shall be given a leave without pay for the purpose of giving birth, pursuant to Chapter 149, Section 105D of the Massachusetts General Laws and other applicable State and Federal Laws, provided that she requests such leave from her Department Head, in writing, with sufficient advance notice to allow for proper planning.
Employee 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 the allowance for travel.
Section 8 Administrative Leave
Administrative leave may be granted by the Town Administrator without loss of pay for the following:
|Paternity Leave - up to two (2) days (to be deducted from Sick Leave earned under Section 7) and to be charged against the employee’s entitlement to leave under the Family Medical Leave Act of 1993, if the employee is eligible for such FMLA leave;
|Critical illness of immediate family - up to five (5) days (to be deducted from Sick Leave earned under Section 7) and to be charged against the employee’s entitlement to leave under the Family Medical Leave Act of 1993, if the employee is eligible for such FMLA leave;
|Religious Holidays - up to two (2) days (Rosh Hoshana, Yom Kippur, and Orthodox Holy Days).
Section 8A Family Medical Leave of AbsenceEmployees who have been employed by the Town for at least twelve (12) consecutive months, and who have worked at least 1,250 hours during the previous twelve (12) consecutive months are eligible for Medical Leave or Family Leave pursuant to the Family Medical Leave Act of 1993 (FMLA), of up to twelve (12) weeks in a given year. Spouses who are both employed by the Town may not take more than twelve (12) aggregate workweeks of leave per twelve (12) month period unless the leave is due to the employee’s own serious health condition or to care for a spouse’s serious health condition.
Medical Leave is defined as leave required to care for a spouse, son or daughter, or parent due to a serious health condition of that family member, or as leave required due to an employee’s own serious health condition that prevents him or her from performing the essential functions of his or her job.
An eligible employee may take up to twelve (12) workweeks of unpaid medical leave continuously, intermittently, or on a reduced leave schedule upon presentation of a certificate of a serious health condition by a health care provider and approval by the Town Administrator’s Office. Where possible, the employee is requested to notify the Town Administrator’s Office in writing at least thirty (30) days in advance of a request for a medical leave under FMLA. In all cases, employees must notify the Town Administrator’s Office that they are requesting a leave under the FMLA.
Family Leave is defined as leave required due to the birth or adoption of, and/or foster placement of, and in order to care for, a son or daughter if taken within twelve (12) months of the birth of a child or foster placement with an employee. In the case of an adoption and/or foster placement, the child must be at the age where the parent/foster parent is still responsible for the care of the child.
An eligible employee may take up to twelve (12) workweeks of unpaid family leave upon approval by the Town Administrator’s Office. Where possible, the employee is requested to notify the Town Administrator’s Office in writing at least thirty (30) days in advance of the requested leave. In all cases, employees must notify the Town Administrator’s Office that they are requesting a leave under the FMLA.
An employee who is requesting a leave under FMLA should reference the Town’s FMLA policy which provides detail as to the rights and obligations of such an employee.
Section 9 Employee Evaluation
|An annual evaluation or appraisal will be made of every employee in the Classification and Pay Plan in order to measure progress and encourage self-improvement.
|Each Department Head shall conduct such evaluation (and in the case of Department Heads, the Town Administrator) and it shall be signed by both the employee and the Department Head (Town Administrator where applicable) and submitted to the Personnel Director to be made a part of the Personnel File of the employee.
Section 10 Equal Opportunity and Affirmative Action
|The Town shall not discriminate against any applicant for a position under the jurisdiction of the Town because of sex, age, religion, handicap, race, color, national or ethnic origin.
|It is the policy of the Town to encourage, promote and exercise affirmative action in a planned, aggressive, coherent management program to provide for equal opportunity in recruitment, selection, appointment, promotion, training and discipline; and to adopt an Affirmative Action Plan which is specifically tailored to the Town's work force, available skills, specific goals and actions, timetables, responsibilities and resources.
Section 11 Part-Time Employees
|Part-time employees shall be paid upon a wage schedule which applies to the position titles to which they are assigned in accordance with their total length of service in those position titles by reason of former employment by the Town.
|The Personnel Board shall have the right to establish at any time and to withdraw at any time, temporary pay schedules in addition to rates as set forth in the Classification and Pay Plan.
|Special Sick Leave for School Traffic Supervisors School Traffic Supervisors shall accrue sick leave up to a total maximum of sixty (60) days at the rate of one day for each month actively engaged as a School Traffic Supervisor.
Section 12 Procedures
The Town retains the exclusive right to determine what departments, division and job classifications are to exist, whether to lay off employees, to determine the existence or non-existence of a vacancy, and whether and by whom any vacancy will be filled. The Town shall have the exclusive discretion to determine whether there is to be and how to implement a reduction in force or elimination of any job classification.
If the Town decides to implement a reduction in force plan which involves elimination of any of the positions covered by this Classification and Pay Plan, the individual member of this unit so affected will be provided the opportunity to avail himself of the retirement procedures, if, according to the Retirement Board, he/she so qualifies.
Section 13 Special Provisions of the By-Laws
|Civil Service Law
Nothing in this By-Law shall be construed to conflict with Chapter 31 of the General Laws.
|Repeal and Validity
All By-Laws or parts of By-Laws in conflict with this By-Law are hereby repealed.
If any section, sub-section, sentence, clause, phrase, or figure of this By-Law is for any reason held to be unconstitutional, or invalid, such decision and invalidity or voidance shall not affect the validity of the remaining portion of the By-Law. The Town Meeting hereby declares that it would have passed this By-Law and each section, sub-section, sentence, clause, phrase, or figure thereof even if it had known that any one or more sections, sub-sections, sentences, clauses, phrases, or figures, shall be declared unconstitutional or void.
This By-Law shall take effect and be in force from and after the earliest period allowed by law.
Section 14 Procedure for Appointment of Police Chief
This by law shall apply to the selection of a candidate to fill the position of Police Chief when such position is not subject to the provisions of Chapter 31 of the Massachusetts General Laws. Pursuant to Article 24, Section 3.6 of the Town of Natick Bylaws, a current job description shall be maintained for this position. A Police Chief appointed by the Board of Selectmen pursuant to this Bylaw will meet the minimum entrance requirements set forth in said job description.
Procedure for Appointment of Police Chief
|Appointment, Review, Other Activities
Section 15 Procedure for Appointment of Fire Chief
ApplicabilityThis by law shall apply to the selection of a candidate to fill the position of Fire Chief when such position is not subject to the provisions of Chapter 31 of the Massachusetts General Laws. Pursuant to Article 24, Section 3.6 of the Town of Natick Bylaws, a current job description shall be maintained for this position. A Fire Chief appointed by the Board of Selectmen pursuant to this Bylaw will meet the minimum entrance requirements set forth in said job description.
Procedure for Appointment of Fire Chief
Appointment, Review, Other Activities