BACKGROUND
SECTION 1
ESTABLISHMENT OF PERSONNEL ADMINISTRATION PLAN
A. Authority
By virtue of the authority established under Massachusetts General Laws, Chapter 41, Section 108A and all other enabling acts, along with the Town of Wareham, Home Rule Charter, there is hereby established a plan pertaining to the administration of certain personnel of the Town to be known as the Personnel Administration Plan, and hereinafter known as the "Plan".
B. Purpose
It is the desire of the Town of Wareham, as an employer of various personnel to:
- Recruit and retain competent personnel, from a variety of backgrounds and possessing a diverse range of skills
- Provide an inducement for such professional and managerial employees to remain in the employment of the town
- To make possible full work productivity by assuring employee's morale and peace of mind, with respect to future security
- To provide a package of employee compensation and benefits competitive within the employment marketplace for employees of similar skill levels
C. Personnel Plan
The Personnel Plan is not considered an employment contract and may be amended by Town Meeting.
SECTION 2
ELIGIBLE EMPLOYEES AND DEPARTMENTS SUBJECT TO THIS PLAN:
All non-union positions in the service of the Town, including part-time employees who qualify, shall be subject to and have only the benefit of the provisions of this Plan.
Except where otherwise provided by Massachusetts General Laws, part-time employees working less than 20 regularly scheduled hours per week notwithstanding the number of weeks in the year shall not be entitled to benefits
Specifically excluded from the provisions of this Plan are those persons and positions:
1) under the direction and control of the School Committee
2) elected officials
3) employees within the jurisdiction of a collective bargaining unit duly recognized by the employer
4) seasonal or temporary employees
All reference in this Plan to employees shall include only those employees subject to this Plan, as defined above.
SECTION 3
PERSONNEL BOARD:
There shall be a Personnel Board consisting of five (5) members.
The Personnel Board shall be the chief policy making body of the Town for all matters relating to employees subject to this Plan.
The Appointing Authority which is the Chairman of the Finance Committee, the Moderator and the Chairman of the Board of Selectmen appoints four members of the Personnel Board.
At all times, one of the five members of the Personnel Board shall be an employee subject to this Plan who shall be elected annually during the month of July to that position by employees covered by the Personnel Plan.
SECTION 4
GENERAL ADMINISTRATIVE AUTHORITY OF THE TOWN ADMINISTRATOR AND THE PERSONNEL BOARD
The Town Administrator shall administer the provisions of this Plan.
Positions shall advance in employee compensation grades on the basis of area market conditions for similar positions and internal relationships. Changes in employee compensation grades may only be made, upon the recommendation of the Town Administrator.
SECTION 5
HOURS AND OTHER CONDITIONS OF EMPLOYMENT:
A. Fair Labor Standards Act - Non-Exempt Employees
Work week shall be 40 hours per week.
For those public safety personnel as designated by the Town Administrator, the work week shall consist of an average of 40 or 42 hours per week, as applicable, over a multi-week cycle.
Non-Exempt employees shall be compensated at time and one half for hours worked in excess of 40 hours.
B. Fair Labor Standards Act - Exempt Employees
Work week shall be 40 hours per week.
For those public safety personnel as designated by the Town Administrator, the work week shall consist of an average of 40 or 42 hours per week, as applicable, over a multi-week cycle.
Persons holding these exempt positions are considered salaried and will not be paid overtime.
C. Part-Time:
A part-time employee is one who works fewer than 35 hours per week.
A part-time employee who regularly works between 20 and 35 hours per week shall be entitled to the benefits provided under this plan on a pro-rated basis. Employees who regularly work fewer than 20 hours per week shall be entitled to no benefits under this plan.
Health benefits are available to all full and part-time employees (20 hours or more) in accordance with the requirement of Massachusetts General Laws.
D. Evaluation Period:
The first one hundred and eighty (180) days of employment is considered a probationary period; after which time the Town Administrator or his designee will review the performance of the employee and determine whether the employee will be retained in the position. An employee may be terminated for any reason during the probationary period.
F. Compensatory Time Off:
Compensatory time off may be granted pursuant to the Fair Labor Standards Act.
Only the Town Administrator or his/her designee may authorize actual payment for overtime in lieu of compensatory time.
SECTION 6
COMPENSATION SCHEDULE:
A. MINIMUM AND MAXIMUM SALARIES
There is hereby established minimum and maximum salaries to be paid to the employees in the positions established by employee compensation grades as shown in appendices A & B.
Placement on the salary schedule within a grade shall be determined by the Town Administrator.
B. COST OF LIVING
Effective July 1, 2004 - 1.4% January 1, 2005 - 1.6%
Effective July 1, 2005 - 1.5% January 1, 2006 - 1.4%
Effective July 1, 2006 - 1.4%
Effective July 1, 2006 there will be a new five (5) step matrix
C. NIGHT DIFFERENTIAL
Employees regularly assigned to work primarily during an evening or night shift shall be entitled to receive a differential of five percent of base compensation, exclusive of any educational incentive pay with said differential to be paid for actual hours worked.
D. PART-TIME EMPLOYEES
The Town Administrator may establish hourly rates of pay for seasonal, temporary or part-time employees provided however that no such hourly rate of pay shall exceed the hourly rate of pay for a full-time employee with the same job title or the same job responsibilities.
E. ANNIVERSARY DATE:
The anniversary date for all each employees shall be the date of his or her appointment to the current position. However, with the introduction of a new five (5) step matrix July1, 2006 those employees who have an anniversary date in July 2006, will not be eligible for a step increase until July 2007.
SECTION 7
PERFORMANCE EVALUATIONS:
Each individual shall be evaluated annually using a "Performance Evaluation Form".
No person shall receive more than a one step adjustment within the same grade annually, without the recommendation of the Town Administrator.
SECTION 8
HOLIDAYS:
Full time employees shall receive their usual daily pay for any legal holiday. If a holiday should fall on a Saturday, the holiday shall be observed on the preceding Friday. If a holiday should fall on a Sunday, the holiday shall be observed on the following Monday.
The legal holidays are:
1. New Year's Day
2. Martin Luther King Day
3. President's Day
4. Patriot's Day
5. Memorial Day
6. Independence Day
7. Labor Day
8. Columbus Day
9. Veteran's Day
10. Thanksgiving Day
11. Christmas Day
And any other day that may be declared a holiday by the President, by Act of Congress, the Governor of Massachusetts or General Court or the Board of Selectmen, and one additional day which will be assigned at the discretion of the Town Administrator.
Part-time employees, except regular part-time employees, (20 hours or more), are not entitled to holiday pay. However if a part-time employee is required to work on a holiday, he/she will be paid time and one half.
All full time employees whose responsibilities require them to work on a holiday are permitted to use another day as the holiday as long as it falls within the same payroll period or as may be otherwise authorized by the Town Administrator, and further, at the discretion of the Town Administrator, those employees so entitled shall either elect to take their compensatory day or as described, receive their usual daily pay for the holiday plus their regular hourly salary for hours worked, such additional salary not to exceed eight (8) hours per holiday.
SECTION 9
VACATIONS:
1. Vacation leave, which may be used in not less than one-half day increments shall be granted to full-time employees subject to the following provisions:
A. Computation - Vacation will be accrued on the basis of the employee's length of employment with the Town on the following basis:
LENGTH OF EMPLOYMENT ACCRUAL RATE
0 to 2 years 5/6 days per month
(10 days per year)
over 2 to 5 years 1 1/4 days per month
(15 days per year)
over 5 years 1 2/3 days per month
(20 days per year)
In recognition of their service to the Town, employees will receive a bonus vacation accrual of one day per year for each 5 years of service. However, in no event shall an employee's total annual vacation entitlement exceed 30 days.
On the employee's anniversary date, the maximum number of days that may be carried forward to the next year is as follows:
LENGTH OF EMPLOYMENT MAXIMUM ACCUMULATION
0 to 5 years 20 days
5 to 10 years 30 days
over 10 years 40 days
In calculating vacation benefits, an employee who starts work (or terminates) on or before the 15th of the month, will be considered to have started work (or terminated) on the first of the month. An employee who starts work (or terminates) after the 15th of the month, will be considered to have started work (or terminated) on the first of the following month. Vacation may be accrued while an employee is on accumulated sick leave.
B. Vacation Schedule - Employees may request the Town Administrator or his/her designee to schedule their vacation at any time of the year. Approval of such requests shall be made by the Town Administrator or his/her designee on the basis of work load and operating requirements in such manner as best serves the public interest.
C. Eligibility - Employees are not eligible to use the accrued vacation until they have been employed by the Town for a period of at least six (6) months.
D. Terminations - Terminating employees who have met the minimum vacation eligibility requirements will be paid for all unused accrued vacation. Terminating employees who have not met these requirements will forfeit all accrued vacation.
2. Vacation leave shall be granted to part-time employees (over 20 hours) in such proportion as their part-time service bears to full-time service.
SECTION 10
SICK LEAVE:
A. Earned sick leave with pay shall accrue at the rate of one and one quarter days per month. Sick leave is earned only by actual days worked. For purposes of sick leave accrual, vacation is considered to be actual days worked. However, sick leave is not considered actual days worked. Sick leave may be used in not less than one half day increments.
Unused sick leave in excess of sixty (60) days cannot be accumulated from year to year. An employee's total accumulated sick time may exceed sixty (60) days at the end of that year. Employees will be paid a bonus equal to 50% of the unused sick leave so forfeited.
This bonus will be paid at the employee's pay rate as of December 31st. In order to qualify for the bonus, the employee must be employed with the Town on the last working day of the calendar year. An employee who retires or dies, will, at the time of his retirement, or
death, be paid a bonus equal to one-half of all unused accumulated sick time. Retirement is defined as the termination of employment of an employee who has sufficient credits in the Plymouth County Retirement System to be considered 'vested' for purposes of retirement
B. Regular Part-time (over 20 hours per week), shall be allowed such proportion of sick leave credit as their actual part-time service bears to full time service.
C. Paid sick leave shall never be available except to cover actual absence from work because of illness, medical appointments or illness in the immediate family. Sick leave must be authorized by the Town Administrator or someone authorized to act for him/her. A physician's certificate of illness, if deemed necessary by the Town Administrator or his/her designee, may be required.
D. If an employee is absent by reason of injury sustained while on duty, for which he/she is entitled to receive Workmen's Compensation, such absence shall not be considered sick leave under this section.
E. In the event an employee covered by this plan is injured while on duty and has filed a worker's compensation claim, or received worker's compensation, that employee shall be responsible for paying directly to the Town, his/her normal and regular share(s) of medical/dental and life insurance costs to which he/she subscribed prior to the date of his/her injury. The employee or his/her authorized agent shall be responsible for making appropriate arrangements with Town officials for continuation of such benefits.
SECTION 11
OTHER ABSENCES:
A. JURY DUTY
Employees covered by the provisions of this Agreement shall not suffer loss of pay for time actually spent while being selected for, reporting to and serving on jury duty.
Employees serving on jury duty shall surrender their check(s) received for jury duty and shall make same payable to the Town. In return, the Town shall compensate the employee in an amount equal to his/her regular pay for the period of time the employee served on jury duty.
In the event an employee serves on jury duty on a day on which he/she is not normally scheduled to work, he/she shall only be entitled to his/her jury duty compensation from the Court.
Hours spent serving on jury duty and any other supplementary compensation paid by the Town pursuant to the provisions of this Article shall not be considered as actual time worked when computing overtime unless same is required by the Fair Labor Standards Act.
B. MILITARY LEAVE - PARTIAL PAY
Employees covered by the provisions of this Agreement who are ordered to Annual Active Duty for Training shall be granted leave not to exceed ten (10) working days. The Town shall pay to such employee the difference between what would have been his/her regular pay and the amount the employee receives as wages as a result of attendance at Annual Active Duty for Training.
In order to be compensated by the Town for the above referenced proportion of pay, the employee must submit to the Town a copy of either his/her military pay check or his/her military pay voucher for the period for which he/she is seeking partial compensation from the Town.
C. PERSONAL LEAVE
All employees covered under this Agreement shall be entitled to three (3) days paid personal leave each year. Personal leave may not be charged to sick or vacation time. Employees hired on or after July 1, 1995 shall be entitled to three personal leave days on their anniversary date of full-time or permanent part-time employment with the Town. Personal leave may not be used in less than one day increments.
Employees shall request use of a personal day not less than one work day prior to intended use, excepting in cases of extreme emergencies.
Use of a personal day must be approved by the employee's Department Head whose approval may not be unreasonably withheld.
D. FUNERAL LEAVE
Up to four (4) working days paid leave of absence shall be granted to an employee, on request, when a death occurs to a member of an employee's immediate family. The immediate family is to be considered: father, mother, step-parents, child, spouse, brother, sister, brother-in-law, sister-in-law, step-brother, half brother, step-sister, half sister, grandparent, grandchild, mother-in-law, father-in-law, daughter-in-law, son-in-law, adopted children, step children, or any family member living within the household of the employee.
One (1) working day's paid leave of absence will be authorized for the death of an aunt, uncle, niece or nephew, cousin, and aunt or uncle of a spouse.
No employee shall lose regular pay to which he/she is normally entitled while on leave of absence for death in the family, nor will it be charged to sick leave, vacation time or personal leave.
Permanent part-time employees shall be entitled to funeral leave.
E. MATERNITY LEAVE
Maternity Leave shall be granted pursuant to applicable provisions of the Massachusetts General Laws.
SECTION 12
BENEFITS:
A. All employees subject to this Plan may participate in Group Life and Group Accidental Death and Dismemberment Insurance. This was made possible by the Town's acceptance of Massachusetts General Laws, Chapter 32B.
B. All Town employees subject to this Plan, shall be covered by the rules and regulations of the Retirement Plan established by the Plymouth County Retirement Association.
C. All full-time Town employees hired prior to July 1, 1994 shall be eligible for Longevity as follows:
After five (5) years of service $100 per year.
After each ensuing five-year period $50.00 (additional per year) said amounts to be paid on the first pay day in December.
All employees hired on or after July 1, 1994 shall not be entitled to longevity pay as described in this section.
Effective June 30, 2007 section C will be deleted and replaced with the following language:
All full-time employees shall be eligible for Longevity as follows: After ten (10) years of service eligible employees will be paid 0.5% of their current base salary in effect as of the pay period prior to the first pay day in December. Employees who currently receive more than 0.5% will be grand-fathered.
D. All Employees under the Personnel Plan may elect to have their paycheck directly deposited in personal checking accounts at participating banks.
E. The Town shall continue in force and make available to employees a Cafeteria (Flexible) Benefits Plan pursuant to the Internal Revenue Code and the Employee Retirement Income Security Act (ERISA).
SECTION 13
EDUCATIONAL ASSISTANCE
SECTION A
The Town agrees to appropriate $2,000 annually for educational assistance only for courses of study which are directly related to the employee's present job or which will enhance the employee's potential for advancement to a position within the Town which the individual has a reasonable expectation of achieving. In addition, the courses or programs must be offered by institutions of learning accredited by the Massachusetts Department of Education.
SECTION B
Other requirements for educational assistance include:
a. Full-time and permanent part-time employees over 20 hours per week are eligible subject to reimbursement provisions of Section D.
b. The employee must have completed one year of service with the Town.
c. Requests for educational assistance must be approved prior to enrollment.
Written requests shall be submitted to the Town Administrator through the employee's department head. All approvals and denials by the Town Administrator shall be in writing.
SECTION C
The amount of assistance paid by the Town to an employee as educational assistance shall be based upon the grade received by that employee in that course, as follows:
Full-time Part-time
For a grade of "A": 100% 40% of costs as defined in Section D
For a grade of "B": 75% 35% of costs as defined in Section D
For a grade of "C": 50% 25% of costs as defined in Section D
There shall be no assistance for a grade lower than "C". For passing a "Pass-Fail" course, reimbursable costs for a full-time employee will be 50% and 25% of costs for part-time employees.
SECTION D
Upon completion of the course, the employee shall submit to the Town Administrator a certified transcript of grades received and receipts for expenses incurred. The Town will then reimburse the employee for the applicable percentage of the cost of tuition and registration. However, employees who take courses at the specific request or direction of management shall be reimbursed for all costs, regardless of grade, if any. (This will include travel, books, registration fees, etc.).
SECTION E
An employee who is terminated during enrollment because of a reduction in work force or elimination of the job, or who is unable to complete the course because of transference within the Town, shall be reimbursed for the full amount of the costs. An employee who voluntarily leaves Town employment or is terminated for cause prior to completing a course shall not be reimbursed for the expenses associated with the course.
If an employee resigns or is discharged within one year after being reimbursed for educational assistance, the employee shall be required to repay the Town for educational assistance received which amount may be withheld from their last pay check.
SECTION 14
INSURANCES:
The Town shall continue to underwrite the cost(s) of life, dental and medical insurances at the current percentage level for those employees covered by this Plan and who are/were employed by the Town of Wareham on a full-time basis on the effective date of this Agreement
Consistent with applicable provisions of Massachusetts General Laws and such relevant decisions as are or may be rendered by the Courts, the Town will pay, for full-time employees who are hired after the effective date of this Plan, percentage of gross (total) premiums as set forth below. Until that time, the Town will continue to underwrite costs of insurances at the level (75% Town payment of total gross premium) which was in effect at the beginning of Fiscal year 1991.
Life Insurance - Fifty percent (50%)
Dental Insurance - Seventy-five percent (75%) of the cost for the employee (individual) plan. If the employee elects coverage on a family plan basis, the Town will pay fifty percent (50% of the difference between its individual plan cost for the employee and the family plan cost)
Medical Insurance - Same as for dental insurance above
& Health Maintenance
Organizations
SECTION 15
PERSONNEL FILES:
Employees shall have the right to review their personnel files and to be provided with photocopies. If the file contains disputed materials the employee may submit a written statement in rebuttal which will become part of the permanent record.
SECTION 16
GRIEVANCE PROCEDURE:
A grievance is a dispute between an employee and the Town which specifically relates to the application, meaning or interpretation of a specific provision(s) of this Personnel Plan. Any grievance which may arise between the parties shall be settled in the following manner:
STEP 1 The aggrieved employee shall notify his/her supervisor in writing within twenty one (21) calendar days of the alleged violation having occurred. The Department Head shall respond to the employee in writing, within ten (10) working days. Failure to respond shall be deemed a denial of the grievance.
That notification shall, at a minimum, state the date on which the alleged grievance occurred, the specific circumstances or nature of the event or act being grieved, the specific provision of this Personnel Plan which the employee alleges was breached or violated, and, the remedy sought. No document filed or submitted by any employee which lacks one or more of the required provisions hereof shall be deemed in compliance hereof and no officer or employee of the Town shall be compelled to conduct a hearing or render a decision thereon.
STEP II If the grievance remains unresolved, it shall be presented to the Town Administrator, in writing, within five (5) working days after receipt of the response of the Department Head, or if the Department Head fails to respond, within five (5) working days of the lapse of said deadline. The Town Administrator shall respond in writing within fifteen (15) working days. Failure to respond shall be deemed a denial.
STEP III If the grievance is denied and the employee alleges procedural deficiencies in the process, the employee may, within fifteen (15) working days after receipt of said denial, request a hearing before the Personnel Board which shall conduct a hearing within ten (10) days of the receipt thereof.
All disciplinary matters are subject solely to Section 7-9 of the Charter and are not subject to the Grievance procedure in this section.
SECTION 17
MILEAGE:
Employees who are required to use their own automobiles on the job shall be reimbursed at such rate as is allowed for Federal Tax purposes by the Internal Revenue Service. Employees who must use their own vehicles when Town vehicles are not available will also be compensated at that rate.
SECTION 18
CLOTHING ALLOWANCE:
The Town shall supply all uniforms which it requires employees to wear. All such uniforms shall remain the property of the Town and shall be surrendered to the Town upon separation from employment.
The Town shall provide to sworn members of the Police Department covered by this Plan such clothing and cleaning allowances as are provided for in the Collective Bargaining Agreement between the Town of Wareham and The Wareham Police Union.
The Town shall provide to the Emergency Medical Service Supervisor covered by this plan such clothing and cleaning allowances as are provided in the Collective Bargaining Agreement for paramedics of that department.
SECTION 19
AFFIRMATIVE ACTION:
The Personnel Plan employees agree to and support the Equal Employment Opportunity Policy of the Town of Wareham which appears below.
Town of Wareham
Affirmative Action Employment Policy
WHEREAS the Board of Selectmen of the Town of Wareham, as the policy-making body, is committed to enforcement of non-discrimination laws and the promotion of equal opportunity through affirmative action for all persons;
The Board of Selectmen of the Town of Wareham declare the following statement to be the Affirmative Action Employment Policy for the Town of Wareham;
The Town of Wareham recognizes the right of an individual to work and to advance on the basis of merit, ability and potential without regard to race, color, religion, sex, national origin, ancestry, age, sexual orientation or disability. Affirmative action measures shall be taken to ensure equal opportunity in the areas of hiring, promotion, demotion or transfer, recruitment, layoff or termination, rate of compensation, in-service or apprenticeship training programs, and all terms and conditions of employment. This policy statement extends protection from sexual harassment to all employees.
Non-discrimination and equal opportunity are the policy of the Town of Wareham in all of its programs and activities. To that end, all Town of Wareham employees shall rigorously take affirmative action steps to ensure equality of opportunity in the internal affairs of all agencies, as well as in their relations with the public, including those persons and organizations doing business with any agency of the Town of Wareham. Each agency, in discharging its statutory responsibilities, shall consider the likely effects which its decisions, programs and activities shall have in meeting the goal of equality of opportunity.
Affirmative action requires more than vigilance in the elimination of discriminatory barriers on the grounds of race, color, religion, sex, national origin, ancestry, age, sexual orientation or disability. Affirmative action must also entail positive and aggressive measures to ensure equal opportunity in internal personnel practices and in those programs which can affect persons and political sub-divisions outside of Municipal Government. This affirmative action shall include efforts necessary to remedy the effects of present and past discriminatory patterns and any action necessary to guarantee equal opportunity for all people.
The Town shall develop and maintain a written affirmative action employment plan in order to fulfill its obligations under state and federal employment opportunity mandates. Said plan shall:
a) determine the extent to which, if any, deficiencies in the representation and utilization of minorities and females exist;
b) determine the degree to which, if any, employment policies and practices contribute to these deficiencies, and;
c) provide a set of specific and results oriented procedures by which the Town of Wareham shall commit itself to apply every good faith effort to seek consistently and affirmatively the elimination of all prohibited practices from all levels of its workforce as well as from those organizations doing business with or within its jurisdiction, subject to its authority.
The Affirmative Action Officer for the Town of Wareham shall be the designated Director of Equal Opportunity Programs, responsible for the overall and individual responsibility for communication of this policy and the execution of the affirmative action plan.
By a vote of the Board of Selectmen on December 27, 1988
SECTION 20
EFFECTIVE DATES:
This Plan shall be effective July 1, 2004 and shall remain in effect until June 30, 2007. This plan supersedes previous personnel plans.
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