ss. 10-1. Purpose and Authorization
ss. 10-2. Definitions.
ss. 10-3. Application.
ss. 10-4. Administration.
ss. 10-5. Classification Plan.
ss. 10-6. Compensation Plan.
ss. 10-7. Grievance/Appeals Process.
ss. 10-8. Adoption and Amendment of Regulations.
ss. 10-9. Severability.
ss. 10-10. Effective Date.
Section 10-1 Purpose and Authorization The purpose of this bylaw is to establish fair and equitable personnel policies and a system of personnel administration that ensures uniform, fair and efficient application of the personnel policies. This bylaw is adopted pursuant to the authority granted by Article LXXXIX of the Constitution of the Commonwealth and General Law, Chapter 41, Sections 108A and 108C.
Section 10-2 Definitions; "Town" - the Town of Adams "Position" - an officer or post of employment in Town service with assigned duties and responsibilities calling for full-time or part-time employment of one person in performance thereof. "Appointment" - the placement of a person in a position in the service of the Town. "Class" - a group of positions sufficiently similar with respect to general nature of duties, authority and responsibility. "Civil Service" - classified civil service provided for by Chapter 31 of the General Laws of Massachusetts and the rules made thereunder.
Section 10-3 Application All Town departments and positions shall be subject to the provisions of this bylaw except elected positions, and the Town Administrator. Employees subject to the Civil Service laws or a collective bargaining agreement are subject only to those provisions which are not specifically regulated by civil service law or contract. Nothing in this bylaw shall be construed to limit any rights of employees pursuant to Chapter 150E of the Massachusetts General Laws.
Section 10-4 Administration In conjunction with Sections 10 and 11 of the Town Charter, the Town Administrator shall be responsible for administration of this bylaw and regulations as approved by the Board of Selectmen. The Town Administrator may delegate responsibility to such staff assistant or assistants as deemed necessary. The Town Administrator shall: a. Act to ensure that the Town acts affirmatively in providing maximum opportunities to all persons regardless of sex, color, creed, race or national origin for entry-level and promotional positions and provides equal treatment in all other aspects of personnel management. b. Establish written rules and regulations, subject to the approval of the Board of Selectmen, consistent with the purposes and provisions of this bylaw. c. Be responsible for the recruitment, selection, appointment and removal of all employees subject to this bylaw. d. Maintain a centralized personnel record keeping system.
Section 10-5 Classification Plan A position classification plan for all employees subject to this bylaw shall be established, based on similarity of duties performed and responsibilities assumed so that the same qualifications may be reasonably required for, and the same schedule of pay may be equitable applied to, all positions in the same class. No employee may be appointed to a position not included in the classification plan.
Section 10-6 Compensation Plan A compensation plan for all positions subject to this bylaw shall be established and amended by action of the Town Administrator with approval of the Board of Selectmen and Town Meeting. The compensation plan shall consist of: a. A schedule of pay grades including minimum, maximum and intermediate rates of each grade. b. An official list indicating the assignment of each class of position to specific pay grades.
Section 10-7 Grievance/Appeals Process Employees are entitled to have grievances and concerns regarding their employment heard in a fair, equitable and timely manner. The increase or decrease of general wage rates or salaries shall not be the subject of a grievance. A grievance procedure shall be established for all employees subject to this bylaw.
Section 10-8 Adoption and Amendment of Regulations a. Promulgation The Town Administrator shall promulgate regulations, subject to the approval of the Board of Selectmen, further defining the personnel policies and procedures of the Town. b. Adoption of Regulations The personnel regulations shall be adopted or amended as follows: 1. The Town Administrator or designee shall prepare the regulations. 2. These regulations shall be submitted to the Board of Selectmen who shall have thirty (30) days to act thereon. Said regulations shall become effective after thirty (30) days if the Board of Selectmen fails to act thereon. c. Maintenance and Annual Review The Town Administrator shall annually review the personnel regulations and recommend amendments to the Board of Selectmen. The Town Administrator shall compile and maintain a compilation of all regulations adopted by the Board of Selectmen. Copies of the compiled regulations shall be provided to all Department Heads and be available for inspection by employees.
Section 10-9 Severability The provisions of this bylaw and any administrative regulations, adopted pursuant to this bylaw, are severable. If any bylaw provisions or administrative regulations are held invalid, the remaining provisions of the bylaw or administrative regulations shall not be effected thereby.
Section 10-10 Effective Date This bylaw shall take effect at the earliest date allowed by law. (5-30-89, art. 59.