HomeMy Public PortalAboutSelect Board Meeting Packet - 05.15.2021Town of Brewster Select Board
2198 Main St., Brewster, MA 02631
townadmin@brewster-ma.gov
(508) 896-3701
AMENDED MEETING AGENDA
384 Underpass Road, Brewster, MA 02631
May 15, 2021 at 8:30 AM
Select Board
Mary Chaffee
Chair
Benjamin deRuyter
Vice Chair
Cynthia Bingham
Clerk
David Whitney
Edward Chatelain
Town
Administrator
Peter Lombardi
Assistant Town
Administrators
Susan Broderick
Donna Kalinick
Executive Assistant
to the Town
Administrator
Erika Mawn
1. Call to Order
2. Declaration of a Quorum
3. Public Announcements and Comment: Members of the public may address the Select Board on matters
not on the meeting’s agenda for a maximum 3-5 minutes at the Chair’s discretion. Under the Open Meeting Law, the Select Board is unable to reply but may add items presented to a future agenda.
4. Consent Agenda Pgs. 2-8
• Vote on Special Event License & One Day Liquor License: Snowy Owl
5. Discuss and Vote on FY22-23 Personnel Bylaw Employee Compensation Pg. 9
6. Discuss and Vote on Town Meeting Warrant Articles Pgs. 10-17
• 14a: Fire Union Collective Bargaining Agreement (CBA)
• 15: Police Patrol Union CBA
• 16: Police Superiors Union CBA
• 19: Ladies Library CBA
• 20: Non-Union Personnel Wage Funding
• No Action on Articles 14b, 17, and 18
7. Next Meetings: May 18, 24, and 26, 2021
8. Matters Not Reasonably Anticipated by the Chair
9. Adjournment
Date Posted: Date Revised: Received by Town Clerk:
05/12/2021 05/14/2021
Brewster Select Board Meeting of May 15, 2021
Consent Calendar Items
Consent Agenda
• Special Event License; Snowy Owl
The Snowy Owl is requesting a Special Event License for May 19th. They would like to host a
Brewster Candidates event from 4:00pm – 6:00pm. The event would be held outside
behind the Snowy Owl. The event would be open to the public and would give candidates
an opportunity to present their platforms as well as a Q & A session with the public.
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to approve this request with the Snowy Owl following the
requirements of the Health and Fire Departments.
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Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Office of:
Select Board
Town Administrator
TO: Personnel Bylaw Employees
FROM: Peter Lombardi, Town Administrator
RE: FY22-23 Personnel Bylaw Employee Compensation
DATE: May 13, 2021
The Town has recently come to agreement on new 2-year contracts with several of our
bargaining units (Police Patrol Union, Police Sergeants Union, and Ladies Library
employees (SEIU), covering FYs 22 & 23. Each of those agreements have included a
2% COLA for FY22 and a 2.75% COLA for FY23, establishing the wage precedent.
While I know that, in the recent past, different COLAs were negotiated with different
unions and personnel groups, the Town does not support taking an approach to Cost Of
Living Adjustments that is not equitable for all employees. For that reason, the Select
Board plans to update the Personnel Bylaw Policies & Procedures to include a 2% COLA
in FY22 and a 2.75% COLA in FY23 for all impacted non-union employees. Funding for
such is included in the FY22 operating budget and will be voted on at Town Meeting
this Saturday in Article 20. These COLAs will be effective July 1, 2021 and July 1, 2022
respectively.
Separate and apart from COLA increases, our consultants for the compensation and
classification study have made good progress on their work for the Town over the past
several months. They expect to finalize their report by early June and we plan to hold
meetings with each of the unions and Personnel bylaw employees to review their data,
methodology, findings, and recommendations next month. They will be seeking initial
feedback from you at these sessions and may make further adjustments based on that
input. They will present their report to the Select Board shortly thereafter. We will
then impact bargain changes recommended by the report with each union and plan to
follow a similar process for Personnel bylaw employees.
At its core, this project seeks to ensure we compensate our employees in a way that is
fair, equitable, and competitive in the market. At its conclusion, we will have new job
descriptions and an updated classification system that accurately reflect our current job
functions and responsibilities. I will share that the consultants are recommending (re)
instituting a formal step system for Personnel bylaw employees to ensure that you are
compensated in a manner that is more consistent with other Town employees. Funding
to implement these recommendations, at least in their current form, are also included
in the FY22 operating budget. Accordingly, our goal is to make pay increases related to
the comp and class plan effective July 1, 2021, although implementation will likely
occur sometime after that date and so will require retroactive payment.
SEIU LOCAL 888
BREWSTER LADIES’ LIBRARY CHAPTER
AND
BREWSTER LADIES’ LIBRARY ASSOCIATION
This MEMORANDUM OF AGREEMENT is entered into by and between the Town of Brewster
(hereinafter the "Town") and the SEIU, Local 888, Brewster Library Employees (hereinafter the
“Union").
WHEREAS, the Town and the Union had entered into a collective bargaining agreement for the
period July 1, 2020 through June 30, 2021.
WHEREAS, the Town and the Union have, pursuant to Massachusetts General Laws Chapter
150E, negotiated the terms of a successor agreement for the period July 1, 2021, through and
including June 30, 2023;
NOW, THEREFORE, in consideration of mutual covenants and promises and subject to the
ratification of the respective parties, it is agreed as follows:
1.The terms and conditions set forth in the Collective Bargaining Agreement for the period
July 1, 2020, through and including June 30, 2021 shall continue in full force and effect
for the period July 1, 2021, through and including June 30, 2023, except as modified by
this MEMORANDUM OF AGREEMENT
2.Minor formatting/grammatical changes to Articles 1.1, 2.3, 11.3, and 2
3. Article 13 – Holidays
Effective July 1, 2021, amend Article 13, Holidays, as follows:
13.1 The Library shall pay full-time employees for the following fourteen (14) holidays under
the following conditions:
New Year’s Day Labor Day
Columbus Day
Martin Luther King’s Birthday Veterans’ Day
Presidents’ Day Thanksgiving Day
Patriots’ Day Day after Thanksgiving
Memorial Day Christmas Eve
Juneteenth Christmas Day
Independence Day
Full time employees will receive the pay they otherwise would have earned for holidays that occur
on a day they are scheduled to work. Full time employees will receive seven (7) hours of
compensatory time for holidays that occur on days they are not scheduled to work.
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Brewster Ladies Library, July 1, 2021 through June 30, 2023
13.2 Compensatory time may not be carried over into the next anniversary year and no payment
shall be made at separation of employment for unused time. This includes any compensatory time
earned under the provisions of 11.1.
13.3 Part-time employees shall be paid for five (5) hours for eight (8) paid holidays:
New Year’s Day Thanksgiving Day
Juneteenth Day after Thanksgiving
Independence Day Christmas Eve
Veterans’ Day Christmas Day
13.4 Holiday pay shall be granted provided the employee shall have worked on the
employee’s last scheduled workday prior to the holiday and next regularly scheduled
workday after the holiday.
4. Article 14 – Vacation
Effective July 1, 2021, amend Article 14, a follows:
14.1 All vacation time will be approved by the Director. Scheduling will be handled by the
Processing Adult Circulation Manager, Adult Services Librarian and the Assistant Director
Youth Services Children’s Librarian in their respective areas. Vacation may not be carried over
into another fiscal year.
Vacation time is accrued every pay period using the formula: number of annually awarded hours
divided by number of pay periods per year. Currently there are twenty-six (26) pay periods.
Full-time employees, hired prior to July 1, 2015, and in continuous service, earn vacation time in
8.75 hour work days.
· More than one (1) year, but less than three (3) years will be paid for ten (10) work days,
earning 3.37 hours per pay period;
· More than three (3) years, but less than six (6) years will be paid for fifteen (15) work
days, earning 5.05 hours per pay period;
· More than six (6) years, but less than fifteen (15) years will be paid for twenty (20)
work days, earning 6.74 hours per pay period;
· More than fifteen (15) years will be paid for twenty-five (25) work days, earning 8.42
per pay period.
Full time employees, hired after July 1, 2015, and in continuous service earn vacation time in 7
hour work days.
· More than six (6) months but less than one (1) year, and who have successfully
completed their probationary period, will be paid for 35 hours (1 week) earning
1.35 hours per pay period;
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Brewster Ladies Library, July 1, 2021 through June 30, 2023
· More than one (1) year, but less than three (3) years will be paid for 70 hours (2 weeks),
earning 2.70 hours per pay period;
· More than three (3) years, but less than six (6) years will be paid 105 hours (3 weeks),
earning 4.04 hours per pay period;
· More than six (6) years, but less than fifteen (15) years will be paid for 140 hours (4
weeks), earning 5.39 hours per pay period;
· More than fifteen (15) years will be paid for 175 hours (5 weeks), earning 6.74 per pay
period.
After six (6) months of continuous service and successful completion of the probationary period,
earned vacation time may be used. Years of service for purposes of vacation eligibility shall be
based upon the employee’s anniversary date.
14.2 Part-time employees accrue vacation time every pay period using the formula: number of
annually awarded hours divided by number of pay period per year. Currently there are twenty-six
(26) pay periods. For part-time employees, a vacation week is the number of hours worked per
week as listed in the fiscal year budget. After six (6) months of continuous service, and the
successful completion of the probationary period, earned vacation time may be used.
Part-time employees who have worked for the Brewster Ladies’ Library for more than six (6)
months but less than one (1) year, and who have successfully completed their probationary period,
shall receive one (1) week of vacation.
Part time employees who have worked for the Brewster Ladies’ Library for more than one (1) year
but less than five (5) years shall receive two (2) weeks of vacation.
Part time employees who have worked for the Brewster Ladies’ Library for more than five (5)
shall receive three (3) weeks’ vacation.
Years of service for purposes of vacation eligibility shall be based upon the employee’s
anniversary date.
14.3 As vacation time is accrued weekly, employees may carry over the number of weeks they
are annually awarded into the next year.
14.4 A vacation day shall be equal to the number of hours in an employee’s regular workday.
14.5 Employees shall receive their vacation pay according to the regular payroll schedule.
14.6 Upon separation from employment, employees will be paid for any earned, unused
vacation leave.
14.7 Holidays observed by the Library that occur during a full-time employee’s vacation leave
are counted as holidays and not as vacation time.
14.8 An employee shall accrue his/her paid vacation if incapacitated due to an injury incurred
in the performance of his/her work, for a period of up to six (6) months.
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Brewster Ladies Library, July 1, 2021 through June 30, 2023
14.9 Subject to the approval of the Library Director, up to a maximum of one week may be
carried over to the next anniversary year. Subject to the approval of the Library Director,
employees hired before July 1, 2013 may carry over up to 50% of their accrued vacation.
14.10 Effective 7/1/2021, any accrued and unused vacation days in excess of one week for
employees hired after July 1, 2013 must be used as follows:
No less than fifty percent (50%) of the excess days must be used no later than
6/30/2022; otherwise they will be forfeited;
The remaining number of days in excess of one week must be used no later than
6/30/2023; otherwise they will be forfeited.
5. Article 15 – Sick Leave
Effective July 1, 2021, amend Article 15, a follows:
5. Article 15 – Sick Leave
Effective July 1, 2021, amend Article 15, a follows:
15.1 Full-time employees shall earn 4.04 hours per pay period one and one quarter (1.25) days
per month for each month of employment up to a maximum of 15 days per year.
15.2 Part-time employees working 21-34 hours per week are shall earn 2.02 hours per pay period
three quarter (.75) days per month for each month of employment up to a maximum of 8
days per year. Part-time employees working ten (10) to twenty (20) hours per week shall
earn 1.01 hours per pay period one third (.33) days per month for each month of
employment up to a maximum of 4 days per year.
15.3 Unused sick leave may be accumulated from year to year to a maximum of one hundred
and ninety (190) days.
15.4 Extended, uncompensated sick leave for full-time or part-time employees is subject to
approval by the Personnel Committee of the Board of Directors.
15.5 No employee will be gainfully employed while on sick leave from the Library.
15.6 If incapacitated due to an injury incurred in the performance of his/her work an employee
shall be permitted to utilize sick leave pay in addition to any Workers’ Compensation benefits
received in order to receive a regular week’s pay.
15.7 Upon death or retirement, pursuant to the Barnstable County Retirement Plan Rules
and regulations pertaining to retirement, employees will be eligible for payment of t w e n t y
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Brewster Ladies Library, July 1, 2021 through June 30, 2023
(2 0 ) percent of the dollar value of unused sick leave, up to a maximum of one hundred and
ninety (190) days. T h e e m p l o y e e m u s t n o t i f y t h e T o w n o f t h e i r i n t e n t i o n t o r e t i r e i n
t h e u p c o m i n g f i s c a l y e a r b y D e c e m b e r 3 1 s t of the previous fiscal year for budget planning
purposes to be eligible for this sick leave buyback benefit. Employees who provide less than the
required notice will be eligible for payment of ten (10) percent of the dollar value of unused sick
leave, up to a maximum of one hundred and ninety (190) days, said amount to be paid at the
Town’s earliest available convenience subject to available funding. An employee's current unused
sick leave will be included in the maximum number of days eligible for buyback.
15.8 Employees may use up to five (5) days per year of their sick leave time for leave to take
care of an immediate family member; namely: spouse, partner, child, stepchild, mother, father,
grandparent, brother, sister, step parents, step brother and step sister.
6. Article 16 – Bereavement Leave
Effective July 1, 2021, amend Article 16, a follows:
16.1 Full-time employees shall have up to five (5) calendar days off without loss of pay in the
event of a death in the immediate family of the employee, namely: spouse, partner, child, stepchild,
mother, father, brother, sister, step parents, step brother and step sister. Full-time employees shall
have up to four (4) consecutive calendar days off without loss of pay in the event of the death of
the employee’s grandparent, grandchild, or in-law. Full-time employees shall have up to one (1)
day off without loss of pay in the event of the death of an aunt, uncle, niece, nephew or cousin to
attend services. Additional leave, without loss of pay, may be granted by the Library Director with
the approval of the Town Administrator.
16.2 Part-time employees shall have up to three (3) calendar days off without loss of pay in the
event of a death in the immediate family of the employee, namely: spouse, partner, child, stepchild,
mother, father, brother, sister, step parents, step brother and step sister. Part-time employees shall
have up to two (2) consecutive calendar days off without loss of pay in the event of the death of
the employee’s grandparent, grandchild, or in-law. Part-time employees shall have up to one (1)
day off without loss of pay in the event of the death of an aunt, uncle, niece, nephew or cousin to
attend services. Additional leave, without loss of pay, may be granted by the Library Director with
the approval of the Town Administrator.
7. Article 17 – Personal Days
Effective July 1, 2021, amend Article 17, a follows:
17.1 Full-time employees shall receive three (3) personal days annually. A personal day is
defined as the number of hours scheduled to be worked that specific weekday not to exceed nine
(9) hours. If a personal day is taken in hourly increments there is a maximum of twenty four (24)
hours annually. Part-time employees working more than twenty (20) hours per week shall receive
one and one-half (1.5) personal days annually. If a personal day is taken in hourly increments there
is a maximum of twelve (12) hours annually. Part-time employees working ten (10) to twenty (20)
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Brewster Ladies Library, July 1, 2021 through June 30, 2023
hours per week shall receive three-quarters (.75) personal days annually. If a personal day is taken
in hourly increments there is a maximum of six (6) hours annually.
17.2 Personal days may not be carried over to the next fiscal year and no payment shall be made
at separation from employment for unused days.
8. Article 31 – Wages
Effective July 1, 2021, amend Article 31, a follows:
Effective July 1, 2021, amend Article 31, Wages, as follows:
31.1 The parties will retain the current range system with a minimum and maximum and agree
to the following wage increases:
Fiscal Year 2022 beginning July 1, 2021, 2% COLA
Fiscal Year 2023, beginning July 1, 2022, 2.75% COLA
31.2 New hires will be hired at the minimum step/rate for the position If a candidate for a position
possesses exceptional qualifications for the position, the Library Director may recommend that
such candidate be hired at a rate above the minimum up to Step 4 on the wage scale. Such
recommendation must be approved by the Union, such approval not to be unreasonably withheld,
and the Town Administrator.
30.2.1 The Library Director may, with the approval of the Town Administrator, grant new
employees, in recognition of their previous relevant experience, an additional five (5) days of
vacation leave with pay after six (6) months of service.
31.3 Movement is based upon a satisfactory annual performance review.
The Library will pay an annual stipend of $1,000.00 to an employee who holds a Masters in Library
and Information Science and to the current Adult Services Librarian/Reference Librarian who
holds a Masters in Archival Studies. These payments will be made at the end of each fiscal year.
New staff with a Master degree in Library and Information Science hired between July 1 and
December 31 will receive a prorated payment. New staff hired after December 31 and before
July1 will not receive any payment for that fiscal year.
9. Article 37 – Video Surveillance Cameras
Effective July 1, 2021, amend Article 37, a follows:
37.1 The purpose of the use of video surveillance cameras is to monitor and record public and
restricted areas for the purpose of safety and security of the public and employees and the
protection of BLLA property.
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Brewster Ladies Library, July 1, 2021 through June 30, 2023
The BLLA shall determine appropriate locations for video surveillance cameras consistent with
the BLLA Video Surveillance and Filming Policy. Video surveillance cameras may be placed in
all BLLA workplace areas. Access to imaging produced by such cameras shall be in accordance
with the policy.
The video surveillance cameras addressed in the policy shall not be installed in, or used to monitor
or record, areas where there is a reasonable expectation of privacy in accordance with accepted
social norms, such as restrooms, lunchrooms or locker rooms.
The BLLA will post notices/placards on buildings that video surveillance may occur on BLLA
property.
Imaging from the video surveillance cameras may be used for the discipline of employees. In such
event, the Union may, upon written request, have access to the specific imaging used in the
disciplinary action. The Town will apply progressive discipline practices in any such instances,
while retaining the right to terminate or suspend any employee for conduct that is serious enough
to merit termination or suspension in the first instance.
10. Article 39 – Education Tuition Reimbursement
Effective July 1, 2021, amend Article 39, as follows:
Prior to registering for a course, a member of the union (after probation) may submit a written
request for education tuition reimbursement to the Library Director or designee. Upon approval,
an employee, who takes an accredited special training or post college course which relates to the
employee’s job, shall be eligible for tuition and textbook reimbursement upon successful
completion of the course subject to the following conditions:
A.The initial benefit will be as follows with the remaining dollars to be divided equally
among the users with additional expenses.
1. $1,000.00 $500.00 per course
B.Total reimbursement for all Union members shall be limited to the following:
1. $4,000.00 $2,500.00 per year.
C.Such courses must be taken during off-duty times unless otherwise approved by the
Director or designee and all employees agree that they shall make every effort to obtain
outside funding for their attendance at such classes if such money is available.
D.Successful completion of a course shall be defined as a grade of B (alpha), 80 (numeric)
or better. Documentation of such completion shall be submitted to the Library Director
or designee prior to the issuance of any reimbursement.
E.The decision of the Library Director or designee to approve or disapprove a course for
tuition reimbursement shall not be subject to the arbitration procedure.
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Brewster Ladies Library, July 1, 2021 through June 30, 2023
11. Article 40 – Duration
Effective July 1, 2021, amend Article 40, Duration, as follows:
This Agreement shall become effective as of July 1, 2021, and shall remain in effect through June
30, 2023, and from year to year thereafter, unless either party notifies the other party in writing
prior to January 1, 2021 (or any subsequent January 1st thereafter), of its intention to terminate,
amend, or modify this Agreement.
Signed this _____ day of _______________________, 2017
FOR THE BREWSTER LADIES LIBRARY FOR SEIU LOCAL 888
BREWSTER LIBRARY EMPLOYEES
____________________________________________ _____________________________________________
Nori Morganstein, Co Chapter President
_____________________________________ _____________________________________
Mary Fecteau, Co Chapter President
_____________________________________ ______________________________________
____________________________________ ______________________________________
_____________________________________ ______________________________________
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Brewster Ladies Library, July 1, 2021 through June 30, 2023