PERSONNEL ORDINANCE
Sec. 6-1. Authorization
Sec. 6-2. Definitions
Sec. 6-3. Mayor
Sec. 6-4. Classification Plan
Sec. 6-5. Compensation Plan
Sec. 6-6. Amendment of the Plans
Sec. 6-7. Reserved
Sec. 6-8. Work Week
Sec. 6-9. Initial Application of the Compensation Plan
Sec. 6-10. Overtime Compensation
Sec. 6-11. Paid Holidays
Sec. 6-12. Vacation Policy - Eligibility on Anniversary
Date
Sec. 6-12A. Vacation Leave Buy-Back
Sec. 6-12B. Vacation Carry-Forward
Sec. 6-13. Sick Leave
Sec. 6-13A Sick Leave Buy-back annual (council employees)
Sec. 6-13B Emergency Leave (council employees)
Sec. 6-14. Bereavement Leave
Sec. 6-15. Jury Leave
Sec. 6-16. Military Leave
Sec. 6-17. Other Leave
Sec. 6-18. Physical Examinations
Sec. 6-19. Civil Service Law
Sec. 6-20. Residency Requirement
Sec. 6-20A. Residency in the Commonwealth
Sec. 6-21. Travel Policy
Sec. 6-22. Career Incentive (Longevity)
Sec. 6-22A. Academic Credits - Fire Chief
Sec. 6-22B. Career Incentive
Sec. 6-22C. Cleaning Allowance - Policy Chief and Fire
Chief
Sec. 6-22D. Clothing Allowance - Conservation Inspector
Sec. 6-23. Posting Requirements
Sec. 6-24. Effect of Partial Invalidity
CHAPTER 6 - PERSONNEL ORDINANCE
Pursuant to the authority contained in Sections 108A and 108C of Chapter 41 of the General Laws, there shall be established plans which may be amended from time to time by vote of the City Council at a regular or special Council meeting: (a) classifying positions in the service of the municipality other than those filled by popular election, those under the jurisdiction of the School Committee, the Mayor, and those for which incumbents render contractual services which are nor provided during regularly established working hours, and which do not appear in Schedule A of Section 7 following, into groups and classes doing substantially similar work or having substantially equal responsibilities; (b) authorizing a compensation plan for positions in the classification plan; (c) providing for the administration of said classification and compensation plans; and (d) establishing certain working conditions and fringe benefits for employees occupying positions in the classification plan.
As used in this ordinance, the following words and phrases shall have the following meanings unless a different construction is clearly required by the context or by the laws of the Commonwealth:
"Authority", the elected or appointed official having jurisdiction over a function or activity.
"Class", a group of positions in the municipal service sufficiently similar in respect to duties and responsibilities so that the same descriptive title may be used to designate each position allocated to the class, that the same qualifications shall be required of the incumbents, that the same tests of fitness may be used to choose qualified employees and that the same scale of compensation can be made to apply with equity.
"Classification Plan", class titles appearing in Schedules A through K of this ordinance plus class specifications which are on file with the Mayor and which are hereby incorporated by reference.
"Compensation Grade", a range of salary or wage rates appearing in Schedules A through K of Section 7.
"Compensation Plan", Schedules A through K in Section 7.
"Continuous Employment", employment (either full-time or part-time) requiring a predetermined minimum work week and uninterrupted except for authorized vacation or other paid leave of absence or required military service.
"Department", any department, board, committee, commission or other agency of the municipality subject to this ordinance.
"Employee", an employee of the municipality occupying a position in the classification plan.
"Full-time Employee", an employee retained in full-time employment.
"Full-time Employment", employment for not less than seven (7) hours per diem for five (5) days a week for fifty-two weeks per annum, minus legal holidays and authorized vacation leave, sick leave and other leave of absence.
"Group" or "Occupational Group", a group of classes designated by occupation as appearing in Schedules A through K of Section 7.
"Increment", the dollar difference between step rates.
"Mayor", the Chief Executive Officer per the Charter.
"Maximum Rate", the highest rate in a range which an employee normally is entitled to attain.
"Minimum Rate", the rate in a range which is normally the hiring rate of a new employee.
"Municipality", the City of Methuen.
"Part-time Employee", an employee retained in part-time employment.
"Part-time Employment", employment for less that full-time employment.
"Permanent Employee", an employee retained in continuous employment in a permanent position.
"Permanent Position", a full-time or part-time position in the municipal service which has required or which is likely to require the services of an incumbent in continuous employment for a period of fifty-two (52) calendar weeks.
"Personal Rate", a rate above the maximum rate applicable only to a designated employee.
"Position", an office or post of employment in the municipal service with duties and responsibilities calling for the full-time, part-time or seasonal employment of one person in the performance and exercise thereof.
"Promotion", or "Reclassification", a change from a position of lower class and compensation grade to a position with greater responsibilities in a higher class and compensation grade.
"Range", the dollar difference between minimum and maximum rates.
"Rate", a sum of money designated as compensation for personal services on an hourly, daily, weekly, monthly, annual or other basis.
"Regular Employee", an employee who has worked thirty (30) weeks in the aggregate of any calendar year.
"Seasonal Employment", employment for less than full-time annual employment.
"Step Rate", a rate in a range of compensation grade.
"Temporary Employee", an employee retained in a temporary position or in a permanent position in probationary or acting status.
"Temporary Position", a position in the municipal service which requires or is likely to require the services of one incumbent for a period less than fifty-two (52) calendar weeks in continuous employment.
(a) The Mayor shall be responsible for the administration of the classification and compensation plans.
(b) The Mayor shall administer the plans and shall establish such procedures as necessary for the proper administration thereof.
(c) The Mayor may employ assistance and incur expenses as necessary within the limit of total appropriation of funds as adopted by the City Council in the fiscal budget.
(d) The Mayor shall maintain personnel records of all employees occupying positions subject to the classification and compensation plans.
(e) The Mayor from time to time shall investigate the work features and rates of salaries or wages of any or all positions subject to the provisions of this ordinance. Such reviews shall be made at such intervals as the Mayor deems necessary and, to the extent which the Mayor considers practicable, shall include all occupational groups in the classification plan.
(f) The Mayor shall cause to have written job descriptions or specifications of the classes in the classification plan, each consisting of a statement describing the essential nature of the work and the characteristics that distinguish the class from other classes. The description for any class shall be construed solely as a means of identification and not as prescribing what the duties or responsibilities of any position shall be, or as modifying, or in any way affecting the power of any administrative authority, as otherwise existing, to appoint, to assign duties to, or to direct and control the work of any employee under the jurisdiction of such authority.
(g) The Mayor may authorize a rate higher than the minimum rate for a position and/or such other variance in the compensation plan as he may deem necessary for the proper functioning of the services of the municipality.
Section 6-4. Classification Plan
(a) All positions in the service of the municipality, except those excluded by Section 1, are hereby classified by titles appearing in Schedules A through K of Section 7 which is made a part hereof. These classes of positions shall constitute the Classification Plan for paid municipal services.
(b) The title of each class, as established by the Classification Plan, shall be the official title of every position allocated to the class and the official title of each incumbent of a position so allocated and shall be used to the exclusion of all other on payrolls, budget estimates and other official records and reports pertaining to the position.
(c) The title of a position which is held by an employee with a dual or a multiple Civil Service rating shall be that recommended by the employee's department head, or by the administrative authority having jurisdiction over the organization unit to which the employee is assigned with the approval of the Mayor.
(d) Whenever a new position is established or the duties of an existing position are so changed that in effect a new position is created, upon presentation of substantiating data satisfactory to the Mayor, the Mayor shall allocate such new or changed position to its appropriate class.
(e) No position may be reclassified until the Mayor shall have determined such reclassification to be consistent with the Classification Plan. The Mayor may, however, when he considers such action to be necessary for the proper functioning of services, authorize a new classification and assign same to an existing compensation grade or determine the rate to be paid to an incumbent employee.
Section 6-5. Compensation Plan
(a) The Compensation Plan shall consist of Schedules A through K of Section 7 which provide minimum and maximum salaries or wages for certain of the classes in the classification. The salary range of a class shall be the salary range of all positions allocated to the class. If no range is provided, the single rate appearing in Schedules A through K shall be the basis of compensation paid to an employee occupying a position under the appropriate class title.
(b) Each employee shall continue to be paid on the same basis as in effect at the time of adoption of this ordinance unless otherwise provided in the Compensation Plan.
(c) No administrative authority shall fix the salary of any employee in a position in the Classification Plan except in accordance with the Compensation Plan.
(d) No person shall be paid as an employee in any position subject to the provisions in the Classification Plan under any title other than one appearing in Schedules A through K of Section 7 under the title specified by the Director of Civil Service of the Commonwealth based on the duties of the position as determined by the job description prepared by the Mayor.
(e) An employee in continuous employment in a class appearing on Schedules A through K of Section 7 shall receive the increment between his/her present rate and the next higher step rate as follows:
(1) After completion of six months at the minimum or entrance rate.
(2) Thereafter, one year from the date of his/her previous increase.
(3) The increase in rate which this increment represents must be recommended by the employee's department department head and approved by the Mayor.
(4) The increase shall be based on performance of the employee during the preceding six month or twelve month period and not solely on length of service.(f) An employee receiving a promotion to a vacant position or to a new position as defined in Section 4(d) shall, upon assignment resulting from such promotion, receive the rate in the compensation grade of the vacant or new position next above his/her existing rate. If the resulting adjustment is less than Five Hundred Dollars ($500.00) on an annual basis for apposition class assigned to Schedules A through K, the adjustment shall be the second rate above the existing rate but within the compensation grade of the vacant or new position.
(g) The employee receiving a promotion and adjustment in rate pursuant to the provisions of the preceding sub-section may receive the next increment of his/her compensation grade effective following completion of twelve months at the rate resulting from the promotion.
(h) The employee who is transferred to a similarly rated or to a lower rated position for the convenience of the municipality shall enter the new position at his/her rate in the position from which he is transferred.
(i) Each administrative authority shall include in its estimates, required by the provisions of Section 31A of Chapter 44 of the General Laws, a pay adjustment section setting forth in detail the amounts which will be required for anticipated pay adjustments during the ensuing year and shall furnish a copy thereof to the Mayor.
(j) No department head, being first initially employed by the City of Methuen, shall be entitled to a retroactive cost-of-living adjustment for the first year of service in the City of Methuen.
(Ord. #641, Eff. May 6th, 1998)
Section 6-6. Amendment of the Plans
(a) The Classification Plan and/or Compensation Plan and/or other provisions of the ordinance may be amended by vote of the City Council in the same manner as other ordinances of the municipality may be amended. However, no amendment shall be considered or voted on by the City Council unless the proposed amendment has first been presented to the Mayor for consideration fifteen days prior and is recommended by the Mayor. Provided further that no amendment to the Compensation Plan which provides for an increase in compensation for any position shall be introduced or voted on unless it has been submitted for consideration by the Mayor.
(b) The recommendation of the Mayor as to proposed amendment shall be made to the City Council before a vote is taken thereon. A proposed amendment must be submitted to the City Council substantially as presented to and as heard by the Mayor.
(c) Similarly, the Mayor shall report to the City Council as a part of its estimates of municipal expenditures the impact of a proposed amendment which is approved by the Mayor, together with such recommendation or recommendations as the Mayor deems expedient.
(d) the Mayor may propose an amendment to the plans or other provisions of the ordinance based on its findings resulting from its investigations as provided in Section 3(e).
(Amended by Ord. #410, Eff. Dec. 5th, 1990)
The work week for full employment in each group shall be as follows:
GROUP WORK WEEK
Administrative and Supervisory As Required Other Administrative/Supervisory and Clerical 35 Hours Financial 35 Hours Inspection As Required Health As Required Recreation and Leisure As Required Planning and Engineering As Required Fire 42 Hours Police 40 Hours Foreman, Mechanic and Craftsman 40 Hours Custodians, Skilled Laborers and laborers 40 Hours
Section 6-9. Initial Application of the Compensation Plan
(a) Upon adoption of this amended ordinance, the rate of each eligible employee occupying a position in the Classification Plan shall be adjusted retroactive to July 1st of the fiscal year of adoption, unless otherwise stipulated.
(b) The rate of each eligible employee shall be adjusted to the same corresponding step rate in his/her designated compensation grade as the step rate which he/she occupied on July 1st of the year of adoption. His/her corresponding step rate shall be determined by the same number of increments below maximum.
(c) If the minimum rate of an employee's compensation grade as of July 1st of the year of adoption is higher than the minimum rate of his/her new compensation grade and if his/her rate is at the old minimum rate at the time of adoption, his/her adjustment shall be to the step rate of the new compensation grade which is next above the old minimum rate. If his/her rate as of July 1st of the year of adoption is below the minimum rate of his/her new compensation grade, the adjustment shall be to the minimum of the new compensation grade.
(d) If the adjustment provided in the preceding sub-section does not result in an increase in compensation of at least One Hundred Dollars ($100.00) on an annual basis for an employee in full-time employment occupying a position class assigned to Schedules A through K, the rate of such employee shall be adjusted to the step rate in the range of the compensation grade to which his/her position has been allocated, which is two such rates above his/her existing rate on July 1st of the year of adoption, unless otherwise stipulated.
(e) If an employee's rate at the time of adoption is above the maximum rate of his/her appropriated new compensation grade, his/her rate shall become a personal rate and, as defined in Section 2, shall apply to the subject employee and not to the position.
(f) The next adjustment for which an employee occupying a position in the Classification Plan shall be eligible, following the initial adjustment received pursuant to sub-sections (a), (b), (c), or (d) of this section, shall be pursuant to Section 5(3); one year shall ensue prior to any such adjustment, except an adjustment from the entrance rate, unless otherwise stipulated by the Mayor, but in no instance, less than six months prior.(g) Nothing in this section shall be construed as authorizing adjustment to any rate above the maximum rate in the range of the compensation grade unless otherwise stipulated by vote of the City Council.
Section 6-10. Overtime Compensation
(a) General Employee Group
(1) An employee occupying the following positions is not allowed overtime compensation: Superintendent of Environmental Management; Superintendent of Water Distribution Systems; Supervisor of Water Treatment Plant; and Superintendent of Highways.
(2) Notwithstanding the above, the positions as hereinbefore mentioned may be granted overtime compensation upon the following conditions:
Where express permission of the Mayor for such overtime is granted, provided however, that such overtime during any particular fiscal year shall be limited to 7% of his/her base rate of pay. Provided however, that the 7% base cap shall not apply to duly declared emergencies, as enacted by the Mayor, including but not limited to snow storms, water main breaks, and other such disasters or calamities provided that the Mayor shall, within seventy-two hours thereafter notify the City Council of such declaration of emergency.
An employee may be granted compensatory time off at the discretion of the Mayor upon request of the Department Head for hours worked in excess of his/her established work week.
Employees who are entitled to cumulative compensatory time within a fiscal year shall be required to utilize the same within said year, unless said entitlement period is extended by the Mayor, upon request of the Department Head, due to extenuating circumstances in the interests of the City. Provided however, that, in no instance, shall such accumulation amount to greater than fifty (50) hours in any given year.
(3) An employee occupying one of the following positions is not entitled to overtime compensation except where express permission of the Mayor is granted and where said person, during any one calendar week has worked in excess of forty (40) hours:Senior Building Custodian
Junior Building Custodian
Park Maintenance Craftsman-Working Foreman
Cemetery Maintenance Craftsman-Working Foreman
Motor Equipment Repairman-Foreman
Highway and Sewer System Foreman
Working Foreman(4) All other employees occupying a position in this group are not entitled to overtime compensation except where express permission of the Mayor is granted.
(1973 Ordinance as amended by Ord. #147, effective February 2nd, 1984)
(b) Public Safety Group
An employee occupying a position in this group shall receive overtime compensation in accordance with the current contracts with the unions or associations representing employees.
(c) Labor Group
An employee occupying a position in this group and in sub-paragraph (a)2 above shall be compensated for overtime as set forth in the current contract with the union or association representing employees.
(a) The following days shall be recognized as legal holidays within the meaning of this ordinance, on which days employees shall be excused from all duty not required to maintain essential services.
New Year's Day
Independence Day Martin Luther King Day Labor Day Washington's Birthday Columbus Day Veterans' Day Patriots' Day Memorial Day Thanksgiving Day Christmas Day Day After Thanksgiving - AFSCME, Local 3699, Support Staff Unit; Local 396, I.B.P.O.; Local 49 Teamsters, Police Special Services; Local 25, Teamsters, Police Superior Officers; Middle Management Employee's Birthday - Council Employees, Department Heads and Local 123, DPW superintendents Lafayette day - Local 122 DPW and Local 1691, I.A.F.F. Employee Half Day - AFSCME, Local 3699, Support Staff Unit Good Friday Afternoon - Middle Management Other eligibility requirements for paid holidays shall be determined in accordance with City ordinances.
(b) Every employee in a permanent position as defined in Section 2 shall be entitled to these designated holidays on the following terms:
(1) If paid on an hourly basis, he shall receive one day's at his/her regular rate based on the number of hours worked on the day on which the designated holiday occurs.
(2) If paid on a weekly, monthly or annual basis, he shall be granted each designated holiday without loss of pay.(c) Payment under provisions of this section shall be made provided the eligible employee shall have worked on his/her last regularly scheduled working day prior to and his/her next regularly scheduled working day following such holiday, or was in full pay status on such preceding and following days in accordance with other provisions of this ordinance.
(d) An employee, except one occupying a position in the Supervisory (other than the Chief of Police), or Inspection groups, in full-time employment who performs work on one of the days designated in sub-section (a) shall be paid at his/her regular rate for such day or fraction thereof in addition to the amount to which he is entitled under sub-section (b).
(e) At the request of the employee, he may be granted compensatory time off at the convenience of the department in lieu of payment provided under sub-section (d).
(f) Whenever one of the holidays set forth in sub-section (a) falls on a Sunday, the following day shall be the legal holiday. Whenever one of these holidays falls on a Saturday, an employee whose regular work week is Monday through Friday shall be granted a day off on the preceding Friday, or the following Monday, determined by his/her department head.
(g) An employee shall be granted an additional day off if a designated holiday falls on his/her regularly scheduled days off or his/her scheduled day off occurs or is legally observed on Monday, Tuesday, Wednesday, Thursday or Friday.
(Amended by Ord. #172, Eff. Feb. 6th, 1985)
Section 6-12. Vacation Policy; Eligibility on Anniversary Date
(a) Unless otherwise specified in collective bargaining agreements, an employee shall be granted vacation leave as follows, in accordance with general ordinances. Years of service for vacation purposes shall be based upon the employee's anniversary date of employment.
Vacation schedule shall be as follows:
2 weeks after one year
3 weeks after five years
4 weeks after ten years
5 weeks after fifteen years
6 weeks after 25 years (for council employees)(b) Vacation leave shall be granted to all full-time employees who, during a period of continuous employment, have, upon their anniversary date, completed the required years of said continuous service, as hereinafter designated in sub-section (c) or as may further be stipulated or amended by collective bargaining agreements, provided however, that, prior years of public service, up to the maximum of ten years, shall be computed in calculating the total eligibility for those employees appointed by the City Council and any department heads so appointed by the Mayor.
(c) For service less than one year, vacation benefits shall accrue at the rate of one day for each month of employment provided that such vacation leave shall not exceed ten days.
(d) Upon the death of an employee who is eligible for vacation under these rules, payment shall be made to the estate of the deceased in an amount equal to the vacation allowance as accrued in the vacation year prior to the employee's death but which had not been granted. In addition, payment shall be made for that portion of the vacation allowance earned in the vacation year during which the employee died up to the time of his/her separation from the payroll.
(e) Employees who are eligible for vacation under these rules and whose services are terminated by dismissal through no fault or delinquency of their own, or by retirement, or by entrance into the armed forces, or who are terminated or resign prior to or upon the expiration of their term of office shall be paid an amount equal to the vacation allowance earned in the vacation year during which such dismissal, retirement or entrance into the armed forces or separation occurred up to the time of the employee's separation from the payroll including any accumulation thereof.
(1) Unpaid leave for other than employees appointed by the Council will interrupt continuous employment except by specific approval of the Mayor. The Mayor may grant such approval and deny the employee all or part of the vacation allowances to which he might be otherwise entitled to under Section 12.
(f) Absences on account of sickness in excess of that authorized under the rules therefore, or for personal reasons as provided for under Other Leave, may, at the discretion of the department head, be charged to vacation leave.
(g) An employee shall be granted an additional day of vacation, if, while on vacation leave, a designated holiday occurs which falls on or is legally observed on Monday, Tuesday, Wednesday, Thursday or Friday.
(h) All vacation allowances provided under the terms of this section should ordinarily be taken before June 30th in the fiscal year earned, unless canceled by the Mayor to meet an emergency or to offset a critical shortage of personnel. Such vacations shall be granted by the head of the respective department at such time as, in his/her opinion, will cause the least interference with the performance of the regular work schedule. Normally, no more than two consecutive weeks of vacation leave shall be taken at any one time unless otherwise recommended by the department head and authorized by the Mayor.
Section 6-12A. Vacation Leave Buy-Back
In order to promote the health and safety of the employees, at least five (5) vacation days must be taken per fiscal year, or lost to the employee. Provided however, that, beginning July 1st, 1983, any vacation days earned or accrued for the present fiscal year, or for any previous or subsequent years, may be sold back to the City, at the option of the Mayor, for the full rate of pay for the position and step regularly held as of the date of said buy-back.
(1973 Ord., as amended by Ord. #138 and #144, Eff. Dec., 1983; as amended by Ord. #713, Eff. Feb. 20, 2001)
Section 6-12B. Vacation Carry-Forward
The individual employee may, with the approval of the department head and the Mayor, be granted a carry-forward of one (1) week's vacation into the next fiscal year; provided that, in that subsequent year, said vacation week must be the first week which the employee uses for vacation purposes; and further provided that, if for any reason said week is sold back to the City, it shall be sold back at the rate effective in that previous fiscal year. For the purpose of computing prior public service only, the Municipal Appraiser shall be considered a department head. (This sentence shall apply initially to the computation for the vacation grant for fiscal year 1988.)
(Ord. #172, Eff. Feb. 6th, 1985 - Middle Management; Ord. #179,
Eff. March 27th,
1985 - Department Heads; as amended by Ord. #265, Eff. Sept. 3rd,
1987 - Municipal Appraiser)
(a) An employee in continuous employment shall be allowed fifteen (15) days leave with pay each calendar year or one day a month shall be allowed for each month of employment less that one year, provided such leave is caused by sickness or injury or by exposure to contagious disease.
(b) An employee in continuous employment shall be credited with the unused portion of leave granted under sub-section (a) up to a maximum of two hundred (200) days [two hundred forty (240) days for Council employees, Department Heads and Middle Management employees] or such maximum as stipulated under collective bargaining agreements for those employees covered therein.
(Amended by Ord. #365, Eff. Feb. 1st, 1990; Ord. #367, Eff.
March 7th, 1990;
and Ord.#369, Eff. March 7th, 1990)
(c) If the amount of leave credit provided under sub-section (b) has been or is about to be exhausted, an employee may make application for additional allowance to that provided under sub-section (a). Such application shall be made to the Mayor, or in the case of employees appointed by the City Council, by the Council Chairman or Vice Chairman, who is authorized to grant such additional allowances as he may determine to be equitable after reviewing all circumstances, including the employee's attendance and performance record prior to conditions supporting his/her request for the additional allowance.
(d) Sick leave must be authorized by the department head and must be reported on blanks provided for the same to the Mayor.
(e) A physician's certificate of illness shall be submitted by the employee after three days' absence to his/her department head before leave is granted under the provisions of this section. This certificate shall be forwarded by the department head to the Mayor within ten (10) days.
(f) The Mayor may, of his/her own motion or by regulation, require a physician's certificate of illness of any employee who reports his/her inability to report for duty because of illness. This examination shall be at the expense of the employee by a physician appointed by the Mayor.
(g) Injury, illness or disability self-imposed or resulting from the use of alcohol or drugs shall not be considered a proper claim for leave under this section.
(h) Payments made under the provisions of this section shall be limited in the case of an employee who is receiving Workmen's Compensation payments to the difference between the amount paid in Workmen's Compensation and the employee's regular rate.
(i) In the even of payments made to an employee under the preceding sub-section, the Mayor may debit the employee's sick leave accrual by such amounts as he determines to be equitable in relation to such payments.
(j) Nothing in this section shall be construed to conflict with Section 100 of Chapter 41 of the General Laws.
(k) Upon termination of employment, unless otherwise stipulated by collective bargaining agreement, an employee will be compensated for his/her unused accumulated sick leave on the basis of 30% of its value, up to the maximum of $7,500 for Middle Management. The sick leave buy-back for Department Heads will be the accumulated sick leave paid on the basis of 30% of accumalated sick leave upon their death or retirement. The sick leave buy-back for council employees shall be paid on the basis of 50% of its value.
(Ord. #179, Eff. March 27th, 1985; as amended by Ord. #367,
Eff. March 7th, 1990;
as amended by Ord. #369, Eff. March 7th, 1990; as amended by Ord. #403, Eff.
Oct. 17th, 1990; as amended by Ord. #407, Eff. Nov. 14th, 1990, as amended by
Ord. #714; as amended by Ord. #713, Eff. Feb. 20, 2001); as amended by Ord.
#782. Effective January 3, 2005; as amended by Ord. #783 effective January 3,
2005;as further amended by Ord. #816, Eff. Aug. 6, 2007)
(Section 6-13A. Sick Leave Buy-Back Annual (council employees)
"Any council employee who would exceed the sick leave cap of two hundred and forty (240) days, shall, to the extent that his/her accrued days exceed this amount receive an amount equal to fifty dollars for each day over the limit. Said amount to be paid annually as of June 30th of the fiscal year."
(Ord. #713, Eff. Feb. 20, 2001)
Section 6-13B. Emergency Days (council employees)
Emergency days (sick leave days) for immediate family illness of three days per year shall be allowed upon proof of such illness submitted to the City council office.
(Ord. #713, Eff. Feb. 20, 2001)
Section 6-14. Bereavement Leave
Emergency leave up to three days may be allowed for death in an employee's family (wife, husband, mother, father, child, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law) or in accordance with the provisions of collective bargaining agreements. At the discretion of the Mayor, this can be extended to five days for out-of-city deaths. Middle Management employees may be allowed emergency leave for the death of a grandchild.
(Amended by Ord. #172, Eff. Feb. 6th, 1985 - Middle Management;
Ord. #179,
Eff. March 27th, 1985 - Department Heads; and further amended by Ord. #365,
Eff. February 1st, 1990 - Middle Management)
An employee in full-time employment required to serve on the jury and thus having to be absent from regular duty, may, upon application, be paid the difference between the compensation received from jury duty and his/her regular compensation, upon presentation of an affidavit of jury pay granted.
An employee in full-time employment in the military reserve shall be paid the difference between compensation received while on reserve duty and regular compensation rates paid the employee. Such payments shall be limited to a period not to exceed two weeks in any twelve month period and shall not include payment to members of the National Guard who may be mobilized during an emergency in the Commonwealth.
Absences for personal reasons may be charged to vacation leave upon application by the employee and approval of his/her department head provided however, that all employees shall be entitled, exclusive of vacation or sick leave, to no less than three (3) personal days to be taken at such time as may be mutually agreed between said employee and the head of the department or the Mayor in the case of department heads or the Council Chairman or Vice Chairman in the case of employees appointed by the City Council. Such absences, however, may not be charged to vacation leave beyond that which the employee has earned at the time of such application. Department heads shall be entitled to no less than four (4) personal days, exclusive of vacation or sick leave.
(Amended by Ord. #365, Eff. Feb. 1st, 1990; as further amended
by Ord. #411,
Eff. Feb. 6th, 1991; and as further amended by Ord. #465, Eff. Feb. 19th, 1993)
Section 6-18. Physical Examination
Before appointment to a position in the Classification Plan, a candidate shall have passed a physical examination satisfactory to the Mayor. The examining physician shall be appointed by the Mayor and the examination shall be at the expense of the municipality. The examining physician shall advise the Mayor as to whether, in his/her opinion, the applicant is physically qualified to perform the duties for which application has been made.
Section 6-19. Civil Service Law
Nothing in this ordinance shall be construed to conflict with Chapter 31 of the General Laws in so far as it may remain in effect.
Section 6-20. Residency Requirement
Except for professional positions or where otherwise stipulated by statute, the Mayor shall make appointments from qualified residents of the City of Methuen, and, in the case of professional appointments or promotions, he may require relocation to said municipality within six (6) months of appointment or at his/her discretion, make appointments solely from qualified Methuen applicants.
Section 6-20A. Residency in the Commonwealth
(a) Definitions
The term "employee", as used herein, shall include any person appointed by the Mayor or City Council occupying and holding a position in the Classification Plan as existing and as may be amended hereafter.
The term "residence", as used herein, shall be synonymous with domicile and mean the employee's true, fixed and permanent home; an employee's legal residence.
(b) Residency
Notwithstanding the provisions of any ordinance to the contrary, any person appointed as an employee of the City of Methuen shall, within nine (9) months after his/her appointment date, establish and maintain his/her residence within the Commonwealth of Massachusetts.(c) Termination
If an employee either fails, within the months of appointment, to establish a residence within the Commonwealth, or, after appointment, shall change his/her residence to outside the Commonwealth of Massachusetts, that employee shall be immediately subject to discharge from his/her employment.
This section shall be interpreted to establish, as a condition of employment residency within the Commonwealth.
(d) ExclusionsThis ordinance shall not apply to:
1. Employees who are employed by the City of Methuen as of the effective date of this ordinance, except that individuals who either resign thereafter or whose services are terminated thereafter shall be required to comply with this section if they are subsequently appointed again as employees with the City.
2. Positions within bargaining units established under Chapter 150E, Massachusetts General Laws, provided that the Mayor is required to negotiate a residency clause into such collective bargaining contracts.(e) Methuen Preference
The Mayor shall observe a preference for residents of the City of Methuen in appointing employees. In furtherance of this policy, whenever a Methuen resident applies for a position to which a non-resident is appointed, the Mayor shall, in addition to his/her notice of appointment, specify in detail the qualifications of the non-residence which justify overriding the Methuen preference policy.
(Ord. #279, Eff. Feb. 24th, 1988)
The Mayor may, at his/her discretion, unless otherwise stipulated by collective bargaining agreements, establish appropriate so-called travel allowance regulations or directives which may grant up to 32 cents per mile of authorized travel or a flat fee payment to any employee using his/her personal vehicle on municipal business up to a set limit subject to appropriation; or provide for an appropriate and equivalent gasoline allowance to compensate for said use or may assign a municipal vehicle to said employee. Department Heads and council employees shall receive the current federal standard mileage rate for use of their personal motor vehicle on City business.
(Amended by Ord. #331, Effective April 5th, 1989), as amended by Ord. #782, Eff. January 3, 2005
Section 6-22. Career Incentive (Longevity)
Unless otherwise stipulated by collective bargaining agreements, longevity benefits shall be payable as follows:
Middle Management
Upon completion of five years $425.00
ten years 500.00
fifteen years 575.00
twenty years 700.00
twenty-five years 875.00
thirty years 1000.00
Longevity payments shall be added to the annual salary for the year involved for retirement purposes. It is further understood and agreed to by the parties that each employee will receive the lump sum amount annually and paid on or about the employee's anniversary date.
(Ord. #175, Eff. Feb.6th, 1985 and Ord. #179, Eff. March 27th,
1985; as amended
by Ord. #286, Eff. June 1st, 1988; as amended by Ord. #365, Eff. Feb. 1st, 1990;
as amended by Ord. #367, Eff. March 7th, 1990; as amended by Ord. #369,
Eff. March 7th, 1990; as amended by Ord. #715, Eff. Feb. 20, 2001)
Section 6-22A. Academic Credits - Fire Chief
(a) The Fire Chief will be compensated on an annual basis for accumulated credit hours in fire science courses on the basis of one-tenth of one per cent per credit hour completed at an accredited institution, up to an Associates' Degree.
(b) Upon attaining an Associates' Degree in fire science from an accredited institution, the Fire Chief shall receive an annual lump sum payment equal to 6.2% of his/her base salary.
(c) Any benefits conferred hereunder in the above two sections shall be payable in January of each year, following the attainment of such credits or degree.
(Ord. #106, Eff. Jan. 20th, 1982, as amended by Ord. #177, Eff. Feb. 20th, 1985)
Section 6-22B. Career Incentive - Department Heads and Council Employees
(a) Notwithstanding the provisions of Section 22 of this Chapter, the Department Heads and Council Employees shall receive an annual longevity benefit based upon the following formula: The annual longevity benefit will be equal to 3/10ths of 1% of the Department Head's and Council Employee's base pay, multiplied by the number of years of service.
(b) Years of service under this section shall be based upon the Department Head's and Council Employee's anniversary date of employment as a full-time employee and shall include, for purposes of this section, full-time continuous service. The longevity amount specified in paragraph (a) above shall be paid as a lump sum in the payroll week following the anniversary date of employment.
(c) A department head is eligible to receive an "additional" longevity equal to ten percent (10%) of their base weekly pay ofr up to fifty-two (52) weeks or one year, upon written request to the Mayor. Upon completion of the 52 weeks of payment the employee shall not be entitled to any further longevity payments of any kind. The "additional" longevity will be in addition to the current longevity payment. Longevity will be paid weekly and included with the weekly paycheck". A council employee is eligible to receive an "additional" longevity equal to ten percent (10%) of their base weekly pay for up to fifty-two (52) weeks or one year, upon written request to the chairman. Upon completion of the 52 week of payment the employee shall not be entitled to any futher longevity payments of any kind. The "additonal" longevity will be in addition to the current longevity payment. Longevity will be paid weekly and included with the weekly paycheck.
(d) The lump sum payment for longevity shall be treated as base pay for retirement purposes, but shall not be treated as part of base pay for any other purpose.
(e) The annual longevity (career incentive) payment of a council employee shall be pro-rated upon completion of service with the municipality.
Ord, #677, Eff. September 8th, 1999, as amended by Ord. #783. Eff. January 3, 2005 as amended by Ord. #782 effective January 3, 2005
Section 6-22C. Cleaning Allowance - Police Chief and Fire Chief
The Police Chief and Fire Chief shall receive a cash cleaning allowance in the amount of Two Hundred Fifty Dollars ($250.00). Such sum shall be payable in June of each year.
(Ord. #266, Eff. Sept. 3rd, 1987)
Section 6-22D. Clothing Allowance for Conservation Inspector
The Conservation Inspector shall receive a cash clothing allowance in the amount of Two Hundred Dollars ($200.00, the same to be payable in June of each year.
(Ord. #365, Eff. Feb. 1st, 1990)
Section 6-23. Posting Requirements
No appointment to a paid municipal position shall be submitted to the City Council by the Mayor excepting and unless a posting has been met as required herein.
In all instances of openings for paid municipal positions, there shall be posted an opening notice for such position five (5) business days prior to the closing of such announcement. Such posting shall be placed upon a bulletin board for such in the Quinn and Searles Buildings on the same day. Such posting shall be time stamped as to the day it is posted and initialed by the person actually posting it and it shall further be time stamped when it is taken down. Such posting shall be maintained as a permanent record in the City Clerk's Office. All applications received for such position shall be time stamped for the purposes of determining whether or not the application was timely submitted.
The above described posting shall contain, at a minimum, the following: A listing of the job, together with a brief description of title, qualifications; the then current salary range; the department in which the position is located; the closing date of the application period; and information on how to obtain and apply for the position, together with where such application shall be filed.
In addition to the posting requirements, and, in the instance where an appointment is sought to be made to a Middle Management or above non-Civil Service position, then, and in that instance, an advertisement shall be made in a newspaper of general circulation in the Methuen area. The advertisement for such position shall be so established that the closing date for the newspaper advertisement shall be the same as established for the posting notice. A copy of the job posting shall be furnished to the City Council at the time of said posting".
(Ord. #529, Eff. Feb. 16th, 1995; as further amended by Ord. #663, Eff. Jan. 6th, 1999; as amended by Ord. #720, #Eff. June 20, 2001)
Section 6-24. Effect of Partial Invalidity
The invalidity of any section of this ordinance shall not invalidate any other section or provision hereof.
CHAPTER 6A
PERSONNEL ORDINANCE - MAYOR
Sec. 6A-1. Authorization
Sec. 6A-2. Compensation
Sec. 6A-3. Fringe Benefits
A. Vacation
B. Sick Leave
C. Health Insurance
D. Holidays
E. Bereavement Leave
Sec. 6A-4. Jury Duty
Sec. 6A-5. Hours of Work/Outside Activity
Sec. 6A-6. Automobile Expense
Sec. 6A-7. Dues and Subscriptions
Sec. 6A-8. Professional Development
Sec. 6A-9. Residual Clause
CHAPTER 6A - PERSONNEL ORDINANCE - MAYOR
Pursuant to the provisions of Article 3, Section 3-1 of the Methuen Home Rule Charter, as amended by Chapter 332 of the Acts and Resolves of 1992, the following ordinance shall govern the salary and benefits of the Mayor of Methuen.
The annual salary of the Mayor is hereby set at Sixty-Five Thousand Dollars
($65,000.00), payable in weekly pro-rated amounts of One Thousand Two Hundred
Fifty Dollars
($1,250.00).
A. Vacation.
The Mayor shall receive accrual of two weeks vacation in his/her first year in office and three weeks vacation accrual in his/her second and subsequent years; the same to be accumulated on a pro-rated basis.
Upon the death of the Mayor, the remaining balance of vacation time shall be paid to the estate of the deceased in an amount equal to the vacation allowance then remaining unused. In addition, payment shall be made for that portion of the vacation accrued to date.
Any accrued and unused vacation credit may, upon approval of the City Council, be carried forward into the next fiscal year.
B. Sick Leave.
The Mayor shall receive a sick leave accrual of fifteen days per year, to accumulate at the rate of one day per month as of the last day of each month, with an additional three days credited at the end of each twelve month period. Said sick leave may accrue up to a maximum of ninety days.
Upon cessation of service, the Mayor shall be compensated for his/her unused, accumulated sick leave on the basis of fifty percent of its then current value up to a maximum sum of Ten Thousand Dollars.
In the event of the death of the Mayor, payment for unused accumulated sick leave as provided for in the foregoing paragraph shall be made to the estate of the deceased.
Payments made under the provisions of this section shall be limited in the case where the Mayor is receiving workmen's compensation payments to the difference between the amount paid in workmen's compensation and the Mayor's regular rate of pay.
C. Health Insurance.
The Mayor shall be entitled to obtain a subscribership in a group policy of health insurance as is then presently maintained by the City of Methuen and upon a premium percentage as is provided general government (i.e. department heads).
D. Holidays.
The Mayor shall receive time off with pay for the following holidays:
New Year's Day Labor Day Martin Luther Kind Day Columbus Day Washington's Birthday Veterans' Day Patriots' Day Thanksgiving Day Memorial Day Christmas Independence Day Employee's Birthday
Whenever one of the holidays set forth above falls on a Sunday, the following day shall be the legal holiday. Whenever one of the holidays falls on a Saturday, the preceding Friday shall be the legal holiday, unless otherwise provided for under the General Laws.
E. Bereavement Leave.
The Mayor shall be granted three days leave for the death of an immediate family member, to include spouse, mother, father, child, brother, sister, mother-in-law and father-in-law.
Should the Mayor be required to serve on jury duty and thus be absent from a regular day of work, he/she shall be paid the difference between the compensation received from jury duty and his/her regular compensation as is provided for in the General Laws.
Section 6A-5. Hours of Work/Outside Activity
Pursuant to the provisions of Article 3, Section 3-1 of the Methuen Home Rule Charter, the Mayor shall devote his/her full time to the office and shall not hold any other public office, elected or appointed, nor engage in any other business activity whether or not such business activity is pursued for gain, profit, or other pecuniary advantage during his/her term of office.
Section 6A-6. Automobile Expense
The City of Methuen shall reimburse the Mayor for the expense of operating his/her own vehicle for City business in the sum of Two Hundred Dollars ($200.00) per month, as a flat fee. Provided further, that no additional mileage shall be paid by the City for the use of his/her vehicle. If the Mayor's car is out of commission for one month, he/she shall be allowed the use of a City vehicle for that period, but he/she shall not be paid the $200.00 allowance for that month.
Section 6A-7. Dues and Subscriptions
The City Council may, subject to available revenues, provide sums adequate to pay for professional dues and subscriptions of the Mayor.
Section 6A-8. Professional Development
The City Council may, subject to adequate funding, annually budget for out-of-state travel and subsistence expenses of the Mayor for professional and official travel, meetings and occasions adequate and necessary to continue his/her professional development as a Mayor. Provided that, the Mayor shall be required to provide a one week notice to the City Council of such travel, such notice to be delivered in writing to the City Council office.
No person serving as a municipal employee with benefits provided under Chapter 6 of the Methuen Municipal Code shall, as a result of his/her election as Mayor, lose his/her benefits during his/her service as Mayor. Said person shall continue to accrue career incentive, vacation, sick leave, personal leave, academic credits, and cleaning allowance under said Chapter 6, notwithstanding this Chapter. However, nothing herein shall entitle said person to a salary greater than that provided in Section 1 hereof.
(Ord. #376, Eff. August 5th, 1993; as amended by Ord. #600,
Eff. January 1st, 1998)