Town of Stoneham, Massachusetts

Cross references—Selectmen-Administrator Special Act, Sec . 10(a) supervision and direction by Town Administrator); Sec. 10(b) authority to establish, reorganize, consolidate, or abolish departments, commissions, boards, or offices under his direction and supervision after 15-day notification to Board of Selectmen; Sec. 10(c) applicability of Personnel bylaws; Sec. 10(d) establishment of compensation; Sec. 10(l) Town Administrator—Board of Selectmen’s agent for collective bargaining; Sec. 13 appointment of certain officials, department heads and employees by Town Administrator. Exemption of firemen from jury duty, Sec.~2_1. Officers, boards and committees of town, generally, Secs.~2_23 to 2_32. Rules and regulations of the Board of Retirement, Ch. 19.

(e) In the application of the provisions of this chapter, the Town of Stoneham will not discriminate against any employee because of race, color, religion, sex, or national origin. The Town will undertake whatever safeguards which are necessary to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation, and selection for training on or off the job. There shall be posted in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the foregoing non_discriminatory clauses. (3_14_55, Sec.~3; 4_4_77, Art. 10)

This chapter shall be administered by a Personnel Board consisting of five members, four of whom shall be appointed by the Board of Selectmen. Such appointments shall be made not later than thirty days after effective date of this chapter, one to serve for five years, one for four years, one for three years and one for two years.

One member only shall be a town employee, elected by the town employees to serve for one year. Such election shall be held not later than thirty days after the effective date of this chapter under the direction and supervision of the town clerk. Thereafter the town employee member shall be elected for a five year term under the supervision of the Personnel Board who shall post notices of such election not less than ten days before the date of election. (3_14_55, Sec. 2)

Vacancies in the Personnel Board shall be filled by appointment by the selectmen for the remainder of the term in which the vacancy exists; provided that, in the event the vacancy occurs during the term of the elected member with not less than sixty day remaining in his term, his successor shall be elected. Such election shall be held not more than thirty days after the vacancy occurs. (3_14_55, Sec. 2)

A central personnel file for all employees subject to this plan shall be established in the office of the Personnel Board. The files shall be maintained by the Personnel Board secretary. They shall contain vital statistics, records of wages or salaries and of changes in wages and salaries and such other information as may be required by the Personnel Board for its efficient operation. (3_14_55, Sec. 4)

The Personnel Board shall keep records of its meetings or other proceedings sufficient to ensure continuity of its operations from year to year by the Personnel Board secretary. These records shall be kept in the office of the Personnel Board by the Personnel Board secretary. (3_14_55, Sec. 4)

The Personnel Board shall keep such records of all employees of the town, including name, age, address, date of employment, civil service classifications, if any, department in which employed, nature of duties and other information as it deems necessary. (3_14_55, Sec. 4)

Two weeks prior to commencement of employment, the department head or appointing authority shall submit in duplicate Personnel Board form "Request for Approval of Employment" for the purpose of Personnel Board approval and necessary information for the record. (3_14_55, Sec. 4; 3_10_75, Sec. 3)

(a) Employment vacancies shall have been posted for a minimum of 7 calendar days on the provided space of the Town Hall bulletin board and a solicitation for applicants shall have appeared in at least one edition of a Town newspaper(s). The closing date for the acceptance of applications shall be indicated in both cases.

(d) In the event an applicant for the position is an individual currently in the town's service and the individual is qualified for the position, preference may be given to this individual provided the provisions of sub_paragraphs (a) through (c) above are not abridged.

(e) When the frequency of appointments in a department are of such a nature that the appointing authority deems it practical to appoint from a predetermined list of qualified applicants, such a list shall be established in compliance with sub_paragraphs (a) through (d) above. All qualified applicants shall be registered on a list. Applicants shall be appointed in consecutive order and none shall be passed over or removed from the list unless the individual declines or is ineligible for employment at the time he/she is slated for appointment.

(f) In the event the necessity to fill a position is of such an urgent nature that full compliance with the pre_appointment procedures may not be satisfied, an interim, temporary, appointment may be made. Such appointment shall not exceed a period of 30 days. (4_10_78, Art. 9)

(d) The appointment would not result in an individual holding more than one compensable position in the town's service. The Personnel Board may waive this provision in instances where there is an absence of qualified applicants for the position or when the position is related to that in which the individual is presently employed. (4_10_78, Art. 9; 4_23_79, Art. 20)

Any person appointed to the regular Police or Fire Departments of the Town shall be a resident of the Town when appointed and shall remain a resident for one year after the appointment. After one year of the appointment he or she shall be subject to the Massachusetts General Laws, Chapter~41, Section 99A, which allow members of the Police and Fire Departments to live within a fifteen mile radius of the City or Town in which they are employed. (10-24-83, Art. 16)

General physical qualifications for employment by the Town may be prescribed by the Personnel Board. Additional special physical qualifications for a particular position may be prescribed by the officer or board having authority to employ, subject to the approval of the Personnel Board. (3_14_55, Art. 1, Sec. 10; 3_12_62, Art. 2)

Every person hereafter employed under this chapter by the town, except elected officials, shall first be certified by a physician appointed by the Board of Selectmen, as physically fit without congenital or chronic disease or disability that could interfere with reasonable continuous performance of the duties of the position. This provision shall also apply to temporary and seasonal employees as well as employees funded by the state or federal governments where the Town of Stoneham assumes any liability for the risks of employment. The applicant shall conform to the particular requirements of the position if there are any such in force. (3_12_62, Art. 2; 4_4_77, Art. 11)

The examination shall be recorded on a prescribed form and the details shall, subject to the provisions of this chapter, be confidential to the applicant, the examiner, and the Personnel Board. The record shall be deposited with the Personnel Board for safekeeping, the contents subject to future reference only by the applicant or a physician designated by the Board of Selectmen. (3_12_62, Art. 2; 4_4_77, Art. 11)

Appeal from the findings of the medical examiner may be made in writing to the Personnel Board within one week of the filing of the results of the examination. This appeal shall specifically authorize the medical examiner to explain the details of the physical examination to the Personnel Board and to a physician designated by the applicant. In the event no medical agreement is reached, the board may then order such further examination as it deems advisable by a third physician; and the prevailing medical decision shall be final. (3_12_62, Art. 2)

(b) An employee whose position in the town has been terminated through other than health reasons may be rehired by the town to the same position or to one requiring similar physical health standards without re_examination by the town medical examiner if all of the following requirements are met:

Sick leave shall accrue at the rate of one and one_fourth days for each month of actual service not to exceed fifteen working days in any calendar year. Unused sick leave may be accumulated from year to year. On termination of employment, unused sick leave shall lapse and shall not be compensated.

An employee who is sick has the responsibility to notify his immediate superior of his intended absence as soon as possible. The town may request a doctor's certificate or other satisfactory evidence of illness for absences in excess of three working days, or before or after scheduled days off, vacations or holidays or after a pattern of absences has developed. In any of the above situations the individual claiming illness has the burden of establishing eligibility for sick leave.

Each employee hired on or before December 31, 1971, will be credited with three sick days for each year of service. Each employee hired on or before January 1, 1972, but not later than December 31, 1972, will be credited with one year of service for the purpose of applying the preceding sentence. Each employee hired on or after January 1, 1973, will accrue sick leave under Section 10_20.

Extension of paid sick leave in excess of accumulated credit can be made only upon recommendation of the department head or supervisory authority after review by the Personnel Board. In determining whether sick leave extension will be granted, the prior attendance performance of the employee and unused vacation leave are significant factors for consideration.

(a) Immediate family—Time extended. In the event of a death in the immediate family of a full_time employee, he shall be paid up to three days pay for otherwise scheduled working time within the period from the date of the death through the day after the funeral service.

(b) Same—Defined. Immediate family shall include only the employee's spouse, child, mother, father, sisters and brothers. Also included shall be in_laws and close relatives residing with the employee. A full_time employee will be paid up to one day's pay for otherwise scheduled working time for the purpose of attending the funeral of one of his in_laws other than those stated above, or his aunt, uncle or grandparents.

(b) Every permanent part_time employee not covered by collective bargaining who has completed the minimum number of years of service and who works a scheduled minimum twenty hours per week shall be eligible, on a pro_rata basis, for the same vacation schedule given in subsection (a) of this section. The weekly vacation pay shall not exceed the computed average weekly rate of compensation received by the employee during the most recent year of employment. Employees whose wages are established in the wage and salary classification plan under "daily rated" and the "annually rated" employees sections shall not be eligible for vacation pay. (February 2, 1985)

(d) Compensation shall not be paid for vacations not taken and vacation time shall not be allowed to accrue from year to year. The department head may schedule employees' vacations at any time during the year in accordance with the requirements of his or her department. (3_10_75, Art. 14; 2/25/85, Art. 2)

(b) Every employee filling a permanent part_time position not covered by collective bargaining who works a scheduled minimum of twenty hours per week and meets the eligibility requirements shall receive holiday pay for those holidays listed in subsection (a) of this section on a pro_rata basis.

(a) Employees activated for full-time service. A permanent employee activated for full-time service by the National Guard, Reserves, other federal or state military or civil defense organization or by a federal or state emergency service organization or by federal or state emergency service organization shall, if their total compensation for serving in said federal and/or state position is less than the regular compensation they received in their Town employment, receive from the Town the difference between said amounts.

Employees activated for part-time service. A permanent employee who is activated for part-time service by the National Guard, Reserves, other federal or state military or civil defense organization or by a federal or state emergency service organization shall, if their Town compensation for serving in said federal and/or state position together with their total compensation for continuing to work as a town employee is less than the compensation they received in their Town employment prior to said service, receive from the Town the difference between said amounts.

Compensation for purposes of this Section 10.27.3 shall be defined and calculated as “base pay” for both the employee’s Town position and their position with the National Guard, Reserves, other federal State military or civil defense organization or by federal or state emergency service organization.

There is hereby established a job classification and salary plan under authority of Section 108A and 108C of Chapter 41 of the General Laws, for positions in the service of the town classifying certain employees other than those filled by popular election and those under direction and control of the School Committee into groups and classes doing substantially similar work or having substantially equal responsibilities. (3_14_55, Art. 1; 3_11_57, Art. 4)

Temporary employee. An employee retained in a temporary, emergency or seasonal position whose duties are restricted in a time sense, whose services are engaged on a seasonal or periodical basis or whose services are engaged as a result of a public emergency; an employee filling a permanent position on a temporary basis; an employee holding a temporary appointment under civil service law who has not attained permanent status thereunder. (3_10_75, Art. 10, Sec. 5)

(a) The rate of pay of an employee receiving compensation less than the maximum prescribed for the class to which his or her position is allocated, shall be adjusted to an equivalent of one full increment each year within the salary range until the maximum is reached.

(b) Increments shall become effective on the anniversary date following employment or promotion for those whose employment or promotions started on or after July 1, 1974. For prior classified employees, the increment shall become effective on January 1 annually. (3_10_75, Art. 10, Sec. 5)

Every full_time employee not covered by collective bargaining completing the minimum number of years of full_time service shall be eligible for a longevity payment allowance. The determination of an employee's length of service shall be based on the number of full years of continuous service in the employment of the town as of December~31 of the allowance year.

Payment may be made at any time after December 1 of each year except that an eligible employee shall receive a prorated longevity allowance when an employee terminates his/her employment with the town. Said proration shall be based upon the time from the preceding December 31 of the allowance year to the date of his termination.

All employees appointed to a permanent position in any department except the school department or any department under the supervision of civil service as prescribed by the General Laws of the Commonwealth shall be on a twelve months probationary period, after which they shall be classified as permanent. (3_10_75, Art. 10, Sec. 8)

(a) All employees appointed hereafter to a temporary, emergency or seasonal position in any department except the school department or any department under the supervision of civil service as prescribed by the General Laws of the Commonwealth shall remain so classified for the period of their appointment.

(b) The appointing authority shall indicate on the "Request for Approval of Appointment" form submitted to the Personnel Board, the classification, purpose and duration of such temporary appointment and, in addition, shall indicate whether such appointment will be a full_time or part_time position.

(c) No appointment under this section shall exceed twelve months and termination will be automatic on the expiration date indicated on the "Request for Approval of Appointment" form. If the employee appointed to a temporary position is subsequently appointed to a permanent position upon expiration of the temporary appointment, the period of temporary status will be counted toward the twelve month probationary period required for permanent positions. This provision will apply only if there is continuous and uninterrupted employment prior to and during the transition from temporary to permanent status.

(d) Emergency labor is exempt from the provisions of this section requiring the statement of purpose and duration of appointment if a public emergency exists and the appointment is for a period of no longer than three weeks. (3_10_75, Art. 10, Sec.~8; 4_10_78, Art. 34)

(a) The classification plan may be amended in the same manner that the Town Bylaws may be amended. The salary plan may be amended by vote of the town at a regular or special town meeting. No amendment of either plan shall be made until it has been presented by signed petition to the Personnel Board and acted upon by the board. Upon receipt of such a petition, the board, after giving the petitioners, the heads of the departments and employees affected at least three days' written notice, shall hold a hearing of the parties interested to consider the proposed amendment. If the Personnel Board shall fail to act on an amendment so presented within fifteen days after the hearing thereon, the board will be deemed to have disapproved the amendment. The petition may then be presented to the town meeting if so desired. The board may, of its own motion after a similar hearing of the parties interested, propose an amendment to either plan.

Employees whose duties are restricted in a time sense, whose services are engaged on a seasonal or periodical basis or whose services are engaged as the result of a public emergency shall not be considered a part of the town's permanent work force. Such employees shall be required to fill out all other Personnel Board forms; they shall not be permitted to participate in benefits based on permanent employment; and they shall be paid at the rate set forth in the salary schedule under the title "Temporary Labor." For the purpose of this section "Temporary Labor" shall mean emergency labor. (3_12_56, Art. 83)

Each board, department, commission, committee, town official or other town authority, hereinafter sometimes collectively referred to as the "appointing authority" having any town employee, not otherwise exempted from this chapter, under its direction and control shall be responsible for having the wages and salaries for town employees under its jurisdiction fixed in accordance with and only in accordance with the rates set forth from time to time by the town. (3_14_55, Art. 1, Sec. 3)

When an employee is promoted to a higher rated job, he shall enter at the minimum of the job rate or the next full increment above his present salary or hourly rate, whichever is higher In special cases and upon the recommendation of the appointing authority and with the approval of the Personnel Board, such a person may enter the job at a higher rate than the minimum but not in excess of the maximum. (3_14_55, Art. 1, Sec.~8; 3_9_64; 3_13_67, Art. 6; 4_10_78)

The starting rate shall be the minimum of the rate range for the job as classified. In special cases and upon the recommendation of the appointing authority and with the approval of the Personnel Board, such a person may enter the job at a higher rate than the minimum but not in excess of the maximum. (3_14_55, Art. 1, Sec. 9)

The job descriptions set out in this division are intended to indicate in a general way the principal duties of individual jobs covered by these job titles. They are in no sense limiting and do not necessarily include all activities which may be incidental to the performance of these jobs.

(b) Examples of duties. The following are examples of the duties of the town accountant: Serving as chief accounting officer of the town; being responsible for the preparation and maintenance of a variety of accounting records, including the appropriation accounts, general ledger, cash books and payroll deduction accounts; supervising the preparation of financial statements and approving payments from town funds; serving as a member of the contributory retirement board, as prescribed by the laws of the Commonwealth. (3_14_55, Art. 1, Sec. 14)

It shall be the duty of the assistant town accountant, under the supervision of the town accountant and the Board of Selectmen, to undertake the responsibility in a specialized field of municipal accounting as set forth by the Division of Accounts of the Massachusetts Department of Corporations and Taxation; serve as assistant to the town accountant; to be able to take the minutes of a board meeting and to transcribe such notes on a typewriter; after instruction, to be able to operate various office machines; to prepare the necessary forms for both payroll and bill warrants for presentation to the board of selectmen; to determine the legality of various departmental bills and payrolls submitted for payment and requisitioning office supplies. (3_8_65, Art. 6)

(a) Duties generally. It shall be the duty of an administrative clerk, under general supervision, to do more difficult and responsible work than the clerk, calling for a considerable degree of individual judgment and initiative in carrying out established procedures, such as keeping financial accounts, records, documents, etc.; may involve supervision of small clerical force; and to do related work as required.

(b) Examples of duties. The following are examples of the duties of an administrative clerk: Prepare forms and procedures in connection with clerical work; may originate correspondence and conduct business with public and other town departments; answer difficult and unusual questions involving judgment, knowledge and interpretation of the activity performed.

(c) Number and distribution. There shall be four (4) administrative clerks, one in each of the following departments: Public Works, Treasurer and Collector's Office, Assessor's Office and Selectmen's Office. (3_11_57, Art. 6; 3_10_75, Art. 6, Sec. 1.; 4_13_78, Art. 43)

(b) Examples of duties. The following are examples of the duties of a clerk: Doing ordinary filing; keeping records and accounts; operating and adding, calculating, addressing, duplicating, receiving and receipting for routine payment of fees due and bills rendered; taking and transcribing routine dictation, typing reports, payrolls, checks, orders, cards and lists; compiling statistics, keeping a