15.1 Purpose And Authorization
The purpose of the Personnel Bylaw is to establish fair and equitable personel policies and to establish a system of personnel administration that ensures a uniform, fair, and efficient application of personnel policies. This bylaw is adopted pursuant to the authority granted by Article LXXXIX of the Constitution of the Commonwealth and General Laws, Chapter 41, Sections 108A and 108C. The following principles shall apply:
15.1.1 Recruitment, selection, and advancement of personnel shall be based on ability, knowledge, education, and skill under fair and open competition.
15.1.2 Employment shall be open to all segments of society.
15.1.3 Fair treatment of all applicants and employees shall be guaranteed in all aspects of personnel system and shall be administered without regard to age, race, color, creed, gender, sexual orientation, national origin, political affiliation, disability, or other non-merit factors and with proper regard for privacy and constitutional rights.
15.1.4 Training and development opportunities shall be provided as needed to assure high quality performance by all employees.
15.1.5 Retention of employees shall be on the basis of performance. A reasonable effort shall be made to assist employees with inadequate performance; and if, following such effort, inadequate performance cannot be corrected, separation shall occur.
15.2 Application
All Town departments and positions shall be subject to the provisions of this bylaw except elected officers, employees with personal contract, employees covered by collective bargaining agreement, elected town officials, and employees of the school department. Nothing in this bylaw shall be construed to limit any right of employees pursuant to Massachusetts General Laws.
15.3 Delegation Of Responsibilities
15.3.1 Board of Selectmen
The Board of Selectmen shall be responsible for the overall administration of the Personnel Bylaw and the personnel policies. The Board of Selectmen shall appoint a Personnel Board. The Board of Selectmen shall appoint the Personnel Administrator.
15.3.2 Personnel Board
15.3.2.1 Composition: The Personnel Board shall consist of five (5) members. One (1) member shall be appointed for a term of one (1) year, two (2) members for terms of two (2) years, and two (2) members for terms of three (3) years. All subsequent appointments shall be made for three (3) years and vacancies shall be filled by the Board of Selectmen. No member of the Personnel Board shall be an employee under the jurisdiction of the Personnel Board, or an appointed or elected official of the Town. Like all Town employees and board/committee members, the Personnel Board is subject to and shall abide by the provisions of the Conflict of Interest Law, MGL, Chapter 268A. Members shall serve without compensation. The
Personnel Administrator shall serve as an advisor to the Personnel Board.
15.3.2.2 Organization: The Personnel Board shall annually elect a Chairperson from its membership who shall preside over meetings. The Board shall select a clerk from its membership who shall be responsible for recording minutes of committee meetings, in accordance with the Open Meeting Law, Chapter 39, Section 23. A majority of the Board shall constitute a quorum for the transaction of business. Action by a majority of those Board members present shall be binding.
15.3.2.3 Powers and Duties: The Personnel Board is authorized to provide, create, and administer personnel policies in the Town of Carlisle, subject to the approval of the Board of Selectmen. The Board is further authorized to make interpretations and resolve questions of policy relating to wages, salaries and other benefits and their related procedures, and to assure that these policies are consistently administered by all town departments, boards, and committees.
The Personnel Board shall adopt policies and procedures, with the Selectmen’s ratification, deemed necessary for the administration of the Personnel Policy.
The Personnel Board with the assistance of the Personnel Administrator shall classify all compensated positions in the employ of the Town, both part-time and full-time except employees covered by contracts issued through the Board of Selectment, employees under collective bargaining agreements, elected officials, and those employees under the jurisdiction of the School Committee.
15.3.3 Personnel Administrator
There shall be a Personnel Administrator, who shall be appointed by the Board of Selectmen.
The Personnel Administrator may act as chief negotiator for collective bargaining agreements, which are not within the jurisdiction of the School Committee subject to authority vested in the Board of Selectmen and interpretation of policy by the Personnel Board.
15.3.3.1. Powers and Duties. The Personnel Administrator shall have the following duties:
15.3.3.1.1. Administer all functions specified in this bylaw and personnel policies promulgated pursuant to Section 5.
15.3.3.1.2 Provide advice and assistance to the Board of Selectmen, Personnel Board, supervisory personnel, and employees in all aspects of personnel management specified in this bylaw.
15.3.3.1.3 Recommend to the Personnel Board such changes in this bylaw and the Town's personnel policies as may be considered necessary as conditions change.
15.3.3.1.4 Supervise and maintain, on a centralized basis, all records pertaining to personnel management in the Town.
15.3.3.1.5 Administer employment training, and employee development programs, whether funded by the Town, the Commonwealth, the United States Government, or any other source.
15.3.3.1.6 Evaluate periodically the effectiveness of the Town's personnel system and recommend any changes to the Personnel Board.
15.3.3.1.7 Ensure that the Town acts affirmatively in providing maximum opportunities to all persons regardless of age, race, color, creed, gender, sexual orientation, national origin, political affiliation, or disability or other non-merit factors for entry level positions and promotional positions and provides equal treatment in all aspects of personnel management.
15.3.3.1.8 Ensure that the recruitment, selection, appointment and removal of employees is consistent with the Personnel Bylaw and the policies adopted pursuant to the Personnel Bylaw.
15.3.3.1.9 Ensure the preparation and maintenance of a comprehensive pay and classification plan including pay schedule, classification plan and job descriptions.
15.3.4 Support
The Town shall furnish such staffing, services, office space, equipment and other support as may be necessary for the proper functioning of the personnel system.
15.3.4.1 Centralized Record Keeping
The Personnel Administrator shall develop and maintain, on a centralized basis, all personnel records, as the Administrator shall determine necessary for the proper functioning of the personnel system. The form and content of records and the responsibilities of department heads and supervisory personnel with respect to such records shall be specified in Personnel Policies.
15.4 Personnel System
A personnel system shall be established by promulgation of policies pursuant to Section 5. The personnel system shall make use of current concepts of personnel management and shall include but not be limited to the following elements:
15.4.1 Method of Administration. A system of administration which assigns specific responsibility for all elements of the personnel system, including: maintaining personnel records, implementing effective recruitment and selection processes, maintaining the classification and compensation plans, monitoring the application of personnel policies and periodic reviews, and evaluating the personnel system.
15.4.2 Classification Plan. A position classification plan for all employees subject to this bylaw shall be established, based on similarity of duties performed and the responsibilities assumed so that the same qualifications may be reasonably required for, and the same schedule of pay may be equitably applied to, all positions in the same class. No employee may be hired or promoted to a position not included in the classification plan.
15.4.3 Compensation Plan. A compensation plan for all positions subject to this bylaw shall consist of:
15.4.3.1 A schedule of pay grades including minimum, maximum and intermediate rates for each grade; and
15.4.3.2 An official list indicating the assignment of each position to specific pay grades.
15.4.4 Personnel Policies. A series of personnel policies, which establishes the rights, the benefits to which personnel employed by the Town are entitled and the obligations of said employees to the Town. Included shall be a recruitment, employment, promotion and transfer policy, which ensures that reasonable effort is made to attract qualified persons and that selection criteria are job related.
15.4.5 Personnel Records. A centralized record keeping system, which maintains essential personnel records.
15.4.6 Other Elements. Other elements of a personnel system as deemed appropriate or required by law.
15.5 Adoption And Amendment Of Personnel Policies
The Board of Selectmen shall promulgate personnel policies defining the rights, benefits and obligations of employees subject to this bylaw. Policies shall be adopted or amended as follows:
15.5.1 Preparation of Policies. The Personnel Board, under the direction of the Board of Selectmen, shall prepare policies or amendments to policies. Any member of the Board of Selectmen, Personnel Board, Personnel Administrator, a department head, or any three employees may suggest policies for consideration by the Personnel Board. The Personnel Board need not consider any proposal already considered in the preceding twelve months. Any person proposing a new or amended policy shall provide the substance and the reason for the proposed policy to the Personnel Board in writing. The Personnel Board shall consider any proposed policies or amendments at their next regular meeting. Any proposed policies or amendments shall be posted at
least five (5) days prior to the meeting in prominent work locations, and a copy shall be submitted to the Board of Selectmen.
15.5.2 Process. The Personnel Board shall present the proposed policy(ies) or amendment(s), the purpose of the proposal, and the implication of any proposed change at a public meeting. Any person may attend the meeting, speak and present information. Within twenty (20) business days after such meeting, the Personnel Board may vote to recommend that the Board of Selectmen adopt the policies (with or without modifications), reject the policies, or indicate that further study is necessary.
15.5.3 Recommended Policies. The Personnel Board shall transmit recommendations in writing to the Board of Selectmen within twenty (20) business days of any vote on proposed personnel policies or amendments. The recommendations from the Personnel Board shall contain the text of the proposed policy or amended policy, an explanation of the Policy and the implications of the Policy. The Board of Selectmen shall consider recommendations of the Personnel Board and may adopt, reject or return recommendations for further action to the Personnel Board. The Board of Selectmen need only act on proposed policies recommended by the Personnel Board for adoption. Policies shall become effective upon approval of the Board of Selectmen, unless some other
date is specified.
15.6 Severability
The provisions of this bylaw and any regulations adopted pursuant to this bylaw are severable. If any bylaw provision or regulation is held invalid, the remaining provisions of the bylaw or regulations shall not be affected thereby.
15.7 Effective Date This bylaw shall take effect on May 6, 2003.
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