HomeMy Public PortalAboutPersonnel ByLaw PP 2017-2020Town of Brewster
Personnel Bylaw Policies and Procedures
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TOWN OF BREWSTER
PERSONNEL BYLAW
POLICIES & PROCEDURES
EFFECTIVE: JULY 1, 2017 - JUNE 30, 2020
Town of Brewster
Personnel Bylaw Policies and Procedures
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TABLE OF CONTENTS
PART 1 ADMINISTRATION
1.1 General Provisions 4
1.2 Administration of Policies 6
1.3 Personnel Records 6
PART 2 PRE-EMPLOYMENT/EMPLOYMENT
2.1 Recruitment and Appointment 9
2.2 Orientation/Probationary Period 12
2.3 Transfer, Promotion, Demotion, Past Employment Service
Credit and Resignation 13
PART 3 COMPENSATION AND CLASSIFICATION
3.1 Classification Plan 16
3.2 Compensation Plan 17
3.3 Performance Appraisal 18
3.4 Overtime 18
PART 4 STANDARDS OF CONDUCT
4.1 Standards of Conduct 21
PART 5 DISCIPLINARY AND GRIEVANCE PROCEDURES
5.1 Disciplinary Procedure 25
5.2 Grievance Procedure 26
PART 6 PERSONNEL PRACTICES
6.1 Holidays 29
6.2 Vacation Leave 31
6.3 Sick Leave 32
6.4 Bereavement Leave, Civil Leave, Leaves of Absence, 37
Military Leave and Emergency Personal Leave
6.5 Family Medical Leave 41
6.6 Leave in Relation to Domestic Violence or 42
Abusive Situations
6.7 Longevity 43
6.8 Employee Incurred Expenses and Reimbursement 43
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6.9 Education and Training Policy 44
6.10 Non-Resident Benefits 45
6.11 Group Insurance 45
6.12 Performance Appraisal Process 46
ADDEDUM #1
Section 36-2 of Chapter 36 of the Code of the Town of Brewster
known as the “PERSONNEL BYLAW”
ADDENDUMS #2 & 3
BARNSTABLE COUNTY RETIREMENT ASSOCIATION
“RETIREMENT GUIDES”
- “prior to April 2, 2012”
- “on or after April 2, 2012”
ADDENDUM #4
CLASSIFICATION & COMPENSATION PLAN
FOR PERSONNEL BYLAW POSITIONS
ADDENDUM #5
SELECTMEN’S POLICIES RELATED TO
PERSONNEL AND EMPLOYMENT
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PART 1 - ADMINISTRATION
1.1 General Provisions
1.1-1 Purpose and Authorization
The purpose of these personnel policies and the Addendums attached hereto is to
establish a system for personnel administration governing employment within the Town of
Brewster based on modern concepts of personnel management and merit principles which
ensure that the recruitment, selection and advancement of personnel shall be based on
ability, knowledge, education and skill under fair and open competition. The personnel
system shall be administered without regard to race, color, religion, sex, national origin,
political affiliation, age as defined by law, sexual orientation or disability.
These personnel policies and the Addendums attached hereto are promulgated by the
Board of Selectmen (hereafter abbreviated as BOS), acting as the Personnel Board (hereafter
abbreviated as PB), pursuant to the authority granted by the personnel bylaw.
1.1-2 Application
In accordance with Section 36-2 of Chapter 36 (copy attached hereto as Addendum
1) of the Code of the Town of Brewster related to Personnel, all town departments and
positions shall be subject to the provisions of these policies. Elected officers, employees
with personal contracts, School Department employees, Police Department personnel, and
employees covered under collective bargaining agreements shall be governed by the terms
and conditions stipulated in those agreements. Employees of the Police Department whose
positions are covered by the Personnel Bylaw are governed by the Town of Brewster
Personnel Bylaw Policies & Procedures for Brewster Police Department Personnel. No
vendor, independent contractor or consultant employed from time to time to provide limited
services shall be entitled to any rights or benefits provided under these personnel rules and
policies.
1.1-3 Rules of Interpretation
(a) These policies are intended to be in accordance with all applicable state and
federal laws. In the event that town policies are inconsistent with the applicable
state or federal law the applicable law shall apply.
(b) Words using the singular number may extend and be applied to several
persons; words using the masculine gender shall include the feminine gender.
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1.1-4 Definitions
The following definitions shall apply:
(a) "town" shall mean the Town of Brewster.
(b) "department head" shall mean the official responsible for supervising or
administering the operations of a department.
(c) "continuous service" shall mean employment consisting of a pre-determined
work week which is uninterrupted except by authorized leaves, as provided herein.
(d) Types of appointments defined:
"Full-Time Employees" - A full-time employee works a minimum of thirty-
five (35) hours per week and on a continuing basis (indefinite). Such an
employee is subject to all rules and policies and receives all benefits and
rights as provided by the Personnel Rules and Regulations.
"Regular Part-Time Employees" – A regular part-time employee works less
than an annual average of thirty-five (35) hours per week, but more than
twenty (20) hours per week, and on a continuing basis (indefinite).
"Seasonal Employees" – A seasonal employee is appointed in the same
manner and is subject to the same procedure as a regular employee except
that his/her employment will be terminated at the end of the season for
which they have been appointed. Seasonal employees shall not be entitled to
fringe benefits and holidays.
“Part-Time Employees, less than twenty (20) hours per week” – An
employee who works less than twenty (20) hours per week or hours, dates
and/or periods of employment that vary from week to week or month to
month, such as inspectional or substitute “fill-in” employment, in a manner
which may not be continuous, uninterrupted, or predictable.
“Call Employees” – A call employee works only when called or requested
for the duration of the specific call, request, event or project. The frequency
of work and the number of hours worked varies and is unpredictable.
"Emergency Appointments" - In an emergency, as defined by the Board of
Selectmen, the Board of Selectmen may authorize the appointment, without
posting, of any qualified person to any position to prevent stoppage of public
business, loss or serious inconvenience to the public. However, a vacancy of
which the department head has had reasonable notice, or an employment
condition of which the department head had, or might with due diligence
have had previous knowledge, shall not be considered an emergency under
this section. Emergency appointments shall be limited to a period not to
exceed thirty (30) days in any twelve (12) month period.
"Limited-Term Appointment" - Limited term appointments may be made,
without posting, for a period not in excess of six (6) months by the Town
Administrator when services are required for a job or project. Limited-term
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appointments may be extended by the Town Administrator to cover an
additional six (6) months. Limited-term appointments may also be made to
fill vacancies resulting from employees on authorized leave of absence.
Duration of such limited-term appointments shall not exceed the period of
absence of the employee on such leave.
1.2 Administration of Policies
1.2-1 Responsibilities of the Town Administrator/Board of Selectmen
The Town Administrator shall be responsible for the administration of these policies,
subject to the policy direction of the Board of Selectmen. The Town Administrator may
delegate responsibilities for the administration of these personnel policies to any subordinate
as deemed appropriate.
The Town Administrator shall on behalf of the Board of Selectmen enforce
provisions of these policies and shall report failure to comply with any personnel policies to
the Board of Selectmen.
The Town Administrator shall report to the Board of Selectmen personnel actions
and make recommendations relating to personnel policies.
The Board of Selectmen shall be responsible for the interpretation of these rules and
regulations.
1.3 Personnel Records
1.3-1 Policy
The Town Administrator shall be responsible for establishing and maintaining a
personnel record keeping system. The personnel record keeping system shall contain such
records as may be required by law and as necessary for effective personnel management.
All employees and department heads shall comply with and assist in furnishing records,
reports and information as may be requested by the Town Administrator.
For privacy and control purposes, it is the goal of the Town of Brewster to minimize
the duplication of personnel records and to limit the number of locations where personnel
records can be accessed. Department heads are discouraged from maintaining specific or
duplicate personnel records separate from the Town’s designated centralized location for the
storage and maintenance of personnel records.
Personnel records shall be maintained in a secure, fire protected location.
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1.3-2 Employees Covered by Record Keeping Policy
All employees.
1.3-3 Contents of Records
The Town Administrator shall maintain an individual personnel file for each
employee which may include, but not be limited to, the following : the employment
application or resume; a copy of any documented reference checks and background
investigation reports; a report of all personnel actions reflecting the original appointment,
promotion(s), demotion(s), reassignment(s), transfer(s), separation(s) or layoff(s); history of
employment and correspondence directly related to the employee's past employment record,
reclassification(s) or change(s) in the employee's rate of pay or position title,
commendations, records or disciplinary action, training records, performance evaluation(s)
and other records that may be pertinent to the employee's employment.
In confidential files, maintained exclusively by the Town Administrator and
separately from the above mentioned files, the Town Administrator shall maintain a copy of:
any physical examination reports and health reports relating to the essential
elements of the job
information related to on-the-job injuries and related leaves of absence
self identification of handicap and related documents for requests for reasonable
accommodation and all documentation requiring confidentiality under federal or
state law.
1.3-4 Confidentiality and Access to Records
Personnel records shall be considered confidential and access to records shall, unless
circumstances otherwise dictate, be limited to the Board of Selectmen, Town Administrator,
appointing authorities, persons authorized by the Town Administrator to administer the
personnel system and department heads. Any employee may upon request to the Town
Administrator have access to review his/her personnel file. The employee's review of
his/her employment record shall be in the presence of the Town Administrator or persons
authorized by the Town Administrator. Access to health and physical condition information
or documentation may only be released to outside entities or persons after receipt by the
Town Administrator’s Office of written release signed by the employee.
1.3-5 Centralization of Record Keeping System Records
Records required to be maintained under this regulation and by any other law shall
be maintained in a centralized location under the control of the Town Administrator. These
centralized records shall be deemed to be the official depository of personnel records. The
Town Administrator shall be responsible for exclusively maintaining any records required
by law to be maintained separately.
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1.3-6 Notice to Employees
Whenever any material is to be inserted into the personnel file or record of an
employee, such employee shall be promptly notified and given a copy of such material upon
its insertion. Such material shall be date stamped before its insertion.
1.3-7 Employee Opportunity to Respond
Any employee may challenge the accuracy or propriety of such material by filing a
written statement with the Town Administrator of the challenge in the personnel file.
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PART 2 - PRE-EMPLOYMENT/EMPLOYMENT
2.1 Recruitment and Appointment
2.1-1 Recruitment Policy
The Town shall be an equal opportunity employer. The Town of Brewster is
committed to a policy providing equal employment opportunity. Discrimination against any
person in recruitment, examination, appointment, training, promotion, retention or any other
personnel action because of political affiliation, race, creed, color, national origin, age, sex,
disability, sexual orientation, or any other non-merit factor is prohibited.
2.1-2 Coverage
All employees as described in Section 36-2 of Chapter 36 of the Code of the Town
of Brewster.
2.1-3 Eligibility
All qualified persons shall be eligible for employment with the town.
2.1-4 Centralized and Open Application Process
The town may accept applications for employment at any time and in accordance
with Section 2.1-5 (b) below. The Town shall maintain applications received for a minimum
period of three (3) months time. It shall be the practice of the Town Administrator and
department heads to review these general application files when a vacancy arises. The town
has no obligation to consider any application filed, nor is the town obligated to notify any
applicant concerning an available position vacancy.
2.1-5 Recruitment
The Town Administrator shall be responsible for recruitment, screening of job
candidates and making appointments. Department heads shall, if so required by the Town
Administrator, participate in the recruitment and selection process for positions within their
own departments. However, nothing in this section should be construed to limit the power of
the Board of Selectmen to appoint those employees listed under Chapter 5, Article I, Section
5-3 subsection C of the Code of the Town of Brewster (Town Administrator, Town
Counsel, Personnel Committee, Police Chief, Fire Chief, Town Clerk and the Director of
Operations of the Captains’ Golf Course). The minimum qualifications, classification and
salary range for positions shall be established in accordance with the classification and
compensation plans adopted by the Board of Selectmen.
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The Town Administrator shall have the discretion to use all appropriate measures of
recruiting personnel, including, but not limited to: use of employment agencies; employee
referrals; use of trade and other professional journals, as he/she deems necessary.
(a) Notice of Vacancies
Department heads shall, upon the identification of a vacancy or upon the
authorization of a new position, prepare a job vacancy notice. Department heads
shall within three (3) business days of any resignation notify the Town
Administrator of any such resignation. The job vacancy notice shall be based upon
the existing job description or a revised job description which has been approved by
the Personnel Board and include: the job title, essential functions of the position,
minimum qualifications, salary range, hours of work, a proposed closing date for
applications and application instructions.
The Town Administrator’s Office shall assess the need to fill the position
and, if necessary, shall review and approve all job vacancy notices prior to
commencement of recruitment activities.
(b) Posting and Advertisement of Job Vacancy Notices
Advertising should be adequate to ensure that a sufficient number of
qualified applicants apply for available vacancies. However, in all circumstances,
department heads and the Town Administrator shall ensure that: notices of vacant
positions be posted for ten (10) business days, immediately prior to the closing date
for applications on the bulletin boards in prominent work locations; and job vacancy
notices be placed in a local newspaper at least fourteen (14) days prior to the closing
date for applications.
(c) Applications
All candidates applying for employment in the town shall complete an
official employment application form and return the form to the office of the Town
Administrator prior to the closing date and/or time specified in the position
announcement. Each applicant shall sign the form, and the truth of all statements
shall be certified by the applicant's signature. All candidates who complete the
employment application form accurately and honestly shall be entitled to a fair and
equitable review of their qualifications by the individuals designated by the Town
Administrator or the Board of Selectmen.
(d) Applications received from former employees shall be subject to the same
standards as set forth in this section. However, the former employee's work
performance when previously employed by the town and circumstances surrounding
the person's termination of previous employment with the town may be considered
in the review of applications.
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(e) Examinations
The Town Administrator may require an examination as one part of the
selection process. Examinations may be written, oral, practical, physical or any
combination thereof and shall be relevant, as required by Law, to the requirements
and the essential functions of the position.
(f) References
A candidate's former employers, supervisors and/or other references may be
contacted as part of the selection process. References and other background
investigations, including Criminal Records Investigations, as allowed by federal and
state law and in accordance with the Town of Brewster’s procedure regarding the
same may be completed and made part of the applicant's file. All reference checks
and investigations shall be completed prior to the offer of employment, in
accordance with appropriate laws.
(g) Application Records
The application, documentation of reference checks and related documents
submitted shall be maintained by the Town Administrator in the employee's
personnel file. The Town Administrator shall maintain application records for a
period required by law. The Town Administrator and the department heads, to the
extent possible and to the extent required by appropriate laws, shall maintain the
confidentiality of all applications.
2.1-6 Appointments
All appointments shall be made in writing by an appointing authority, with the
approval of the Town Administrator and shall be conditional, subject to the provisions of
Section 2.1-7, below. The written notice of appointment shall include the starting pay rate,
the conditional starting date, any unique or unusual conditions of employment and
appropriate additional information. Copies of any letters of appointment of any employee
not appointed by the Town Administrator shall be provided to the Town Administrator and
the Town Clerk.
The Town Administrator, with the approval of the Board of Selectmen, may grant
additional employment service benefit entitlements to a new employee in order to enhance
the recruitment of qualified candidates for an employment position with the Town of
Brewster.
2.1-7 Medical Examination
All persons selected for employment with the town, after receipt of notice of
conditional appointment, and prior to commencement of employment, may undergo a
medical examination, as determined by the Town Administrator, relating to the essential
functions of the position as outlined in the job description, which shall be provided to the
examining physician by the Town Administrator. The examination shall be at the expense
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of the town by a physician or medical institution selected by the Town Administrator. The
examining physician shall advise as to whether or not, in the opinion of the physician, the
applicant is fit to perform the essential functions of the position. If deemed unfit to perform
the essential functions of the position for which the conditional appointment has been made
the appointing authority shall rescind the conditional offer of employment.
2.1-8 Failure to Report
An applicant who accepts an appointment and fails to report to work on the date set
by the appointing authority, shall, unless excused by the appointing authority, be deemed to
have declined the appointment and the offer of employment shall be rescinded.
2.2 Orientation/Probationary Period
2.2-1 Orientation/Probationary Policy
Performance of all employees must meet acceptable work standards. The
probationary period shall be utilized to help new and promoted employees achieve effective
performance level. To insure that new employees are aware of their duties and
responsibilities, department heads shall inform new employees of their rights,
responsibilities, duties and obligations. The employee shall be provided with a copy of the
personnel policies.
2.2-2 Employees Covered by Orientation/Probationary Policy
All full-time and part-time employees.
2.2-3 Orientation
The Town Administrator or a designee of the Town Administrator shall conduct
periodic orientation sessions for new employees, for the purpose of providing new
employees with information on benefits, rights and obligations. Each employee governed by
this bylaw shall be provided with a copy of these personnel policies and procedures.
Orientation regarding specific rules, policies and procedures of the employee's assigned
department including the safety policies and procedures will be provided.
2.2-4 Probationary Period
All newly appointed and/or promoted employees shall be required to successfully
complete a probationary period to begin immediately upon the employee's starting date or
promotion date and to continue for a six (6) month period. The probationary period shall be
used by the appointing authority and department heads to observe and evaluate the
employee's attitude, conduct, work habits and performance of the essential functions of the
position. Upon expiration of the probationary period, the appointing authority shall notify
the probationary employee in writing that one of the following three conditions exists:
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(a) The employee's performance meets satisfactory standards and the individual
will be retained in the position, or;
(b) The employee's performance requires additional observation and the
probationary period will be extended an additional period of time not to exceed six
(6) months, or;
(c) The employee's performance, attitude or conduct was unsatisfactory and
removal will occur.
At any time during the probationary period, or its extension, if applicable, the
appointing authority may terminate a newly hired probationary employee. The appointing
authority shall notify such probationary employee in writing of termination and the effective
date of the action. The employee may not appeal the removal.
At any time during the probationary period, or its extension, if applicable, the Town
Administrator, in consultation with the department head may demote a promoted employee
to his/her former position after a determination that the employee is not satisfactorily
performing the job to which he/she was promoted
2.2-5 Department Head Responsibilities
Department heads during the probationary period of any employee shall, at
reasonable intervals but no less than twice, discuss work performance with the probationary
employee and provide the employee with an assessment of his/her performance. The
department heads shall be responsible for documenting these discussions and copies of such
documentation shall be submitted to the Town Administrator to be filed in the employee's
personnel file.
2.3 Transfer, Promotion, Demotion, Past Employment Service Credit and
Resignation
2.3-1 Coverage
All full-time and part-time employees.
2.3-2 Transfers
When a vacancy occurs, the appointing authority may temporarily transfer an
employee from one position to another if the employee meets the qualifications for the
particular position. If the vacancy becomes permanent, the recruitment policies described in
section 2.1 of these personnel policies and procedures shall be followed.
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2.3-3 Promotion
(a) Filling of Vacancies
The Town of Brewster seeks to promote employees from within when it is
possible to do so.
(b) Notification
Notice of the existence of vacancies shall be posted in town departments for ten (10)
working days prior to advertising in the local media.
(c) Probationary Period
All promotions shall be subject to a probationary period of six (6) months. If during
this probationary period the Town Administrator, in consultation with the
department head determines that the job is not being satisfactorily performed, the
employee shall be returned to their former position without prejudice.
2.3-4 Demotion
An employee may be demoted to an available position of lower grade for which he
is qualified for any of the following reasons:
(a) When an employee would otherwise be laid off resulting from the abolition of a
position; the employee's position is reclassified to a higher grade for which the
employee is not qualified; lack of work; disciplinary action; lack of funds; or
because of the return to work from authorized leave of another employee to such a
position in accordance with the rules of leave.
(b) When an employee does not possess the necessary qualifications to render
satisfactory service in the position he holds.
(c) When an employee voluntarily requests such demotion.
All demotions shall be approved by the appropriate appointing authority.
2.3-5 Past Employment Service Credit
An employee who has resigned with a good record or is on a leave of absence may
be re-employed. A full-time or regular part-time employee who has left the service of the
town voluntarily and who is re-employed by the town within two (2) years according to the
provisions of the Personnel By-Law, shall after one (1) year of service after his/her return
receive credit for prior employment service in the calculation of certain compensation and
benefits entitlements, to include merit increments, longevity, vacation and sick leave. An
employee who has been involuntarily laid off and is rehired by the Town within two (2)
years of his/her lay off shall immediately receive credit for prior employment service in the
calculation of all compensation and benefits entitlements.
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2.3-6 Resignation
Any employee who resigns from town employment shall provide notice of at least
ten (10) working days to the department head. Department heads shall within three (3)
business days of any resignation notify the Town Administrator of any such resignation.
Any employee who resigns shall be obligated to complete necessary forms and shall be
required, to the extent possible, to meet with the Town Administrator and/or his/her
designee for an “exit interview”.
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PART 3 - COMPENSATION AND CLASSIFICATION
3.1 Classification Plan
3.1-1 Policy
The town shall establish a uniform system for classifying positions and establish
proper relationships between positions based on reasonable criteria.
3.1-2 Coverage
All full-time and part-time employees.
3.1-3 Classification Plan Administration
The Town Administrator shall have responsibility for the administration of the
classification plan and may, after consultation with the BOS/PB, be authorized to:
(a) complete studies of new positions and make allocations to existing classes, establish
a new class of positions, or delete a class of positions;
(b) provide for studies of existing positions when there has been a substantial change
in the duties and responsibilities which justify consideration of possible
reclassification;
(c) conduct periodic studies to insure the classification plan remains uniform and
current; and
(d) develop procedures to determine the proper classification of each position and
classify positions.
3.1-4 Classification of New Positions
Appointing authorities proposing the creation of new positions shall provide the
BOS/PB with a description of the essential functions, skills, knowledge, abilities and other
work performance requirements of a proposed position in sufficient detail to enable the
BOS/PB to appropriately classify the position.
3.1-5 Reclassification of Positions and Periodic Reviews
Positions may not be reclassified without a review and approval of the BOS/PB.
The board shall review all positions subject to the classification plan in accordance with
proper personnel practices.
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3.1-6 Classification Plan
The classification plan shall be reviewed and shall be effective only if adopted by
the BOS/PB.
3.2 Compensation Plan
Employees will receive the following wage adjustments for each year of the Agreement as
follows:
COLA ADJUSTMENT
FY2018 2.50% on 7/1/17
FY2019 2.75% on 7/1/18
FY2020 2.75% on 7/1/19
3.2-1 Policy
The BOS/PB shall establish a compensation plan. The Town Administrator shall be
responsible for the administration of the compensation plan.
The Town’s Compensation Plan for positions not covered by a separate employment
contract shall be as indicated in the attached CLASSIFICATION AND COMPENSATION
PLAN.
**Incorporated herein and made a part hereof by reference is the Town of Brewster
CLASSIFICATION & COMPENSATION PLAN for PERSONNEL BYLAW
POSITIONS issued by the Brewster Board of Selectmen and attached hereto in Addendum
3, as the same may be amended from time to time.
3.2-2 Coverage
All full-time, part-time and seasonal employees in accordance with Section 36-2 of
Chapter 36 of the Code of the Town of Brewster and as further identified herein.
3.2-3 Starting Rates for New Appointments
Persons newly appointed to positions shall be paid at the minimum rate, provided,
however, the appointing authority may recommend, on the basis of exceptional
qualifications, compensation at a higher rate within the approved corresponding pay range
indicated in the then-current compensation plan. Written justification for starting pay rates
above the minimum shall be provided as documentation to the employee’s personnel file.
3.2-4 Payroll Frequency
The Town shall compensate employees using a bi-weekly (every two weeks)
payroll system
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3.2-5 Promotion
An employee who receives a promotion shall be compensated at a rate of pay that
the appointing authority believes the employee's qualifications and performance warrants,
provided that the pay rate is within the approved pay range for the position he/she shall hold,
in accordance with the then-current compensation plan.
3.3 Performance Appraisal
3.3-1 Policy
There shall be an annual performance appraisal for each employee. The nature of
the evaluation shall be determined by the Town Administrator. It is the intention of the
town to link compensation with performance.
3.3-2 Coverage
All full time and part time employees in accordance with Section 36-2 of Chapter 36
of the Code of the Town of Brewster.
3.3-3 Procedures
The nature of the performance evaluation system, the type of forms and process
established shall be determined by the Town Administrator and he/she shall be responsible
for the administration of the performance evaluation system that is established.
(**Also see Section 6.12 Performance Appraisal Process**)
3.4 Overtime
3.4-1 Policy
The Town shall pay overtime, when authorized, in conformance with the Fair Labor
Standards Act (FLSA). Department heads shall be responsible for the control and
authorization of overtime. Overtime work shall be authorized at the discretion of a
Department Head, with consideration given to the department's budget and staffing options.
Executive, administrative and professional employees shall be entitled to compensatory time
off (hour for hour) for time worked in excess of a normal work-week of 35-40 hours per
week as established by the classification plan. The Town Administrator may grant
compensatory time in accordance with the FLSA.
3.4-2 Employees Covered by the Overtime Policy
All employees, excluding all executive, administrative and professional employees
and salaried Department Heads, shall be entitled to overtime in accordance with the FLSA.
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(a) All work performed by hourly employees that extends beyond thirty-five (35) hours
in a work week but less than forty (40) hours shall be compensated at straight time
rates. Work performed in excess of forty (40) hours in a workweek shall be
compensated at time and one half (1½). For those employees who are required to
attend meetings by their department head, those employees shall receive
compensation at a rate of time and one-half (1½) their normal rate of pay. In the
event the employee must work these additional hours, they may request
compensatory time or monetary value, provided the funds are available in the
departmental budget. However, this provision will only apply for meetings held
after 6:00 p.m. where an employee leaves work and must return for duty on that
same day.
(b) Compensatory time may be approved by the Town Administrator or designee for
hourly workers in lieu of overtime cash payment for the time worked in excess of
their regularly scheduled work week. When compensatory time is agreed to, it shall
be on the basis of one and one half (1½) hours of compensatory time granted for
each hour worked over forty (40) hours per week. Also, the accumulation of said
compensatory time shall not exceed three (3) days.
(c) All time for which an employee is on a full pay status shall be considered time
worked for the purpose of calculating overtime compensation, if the employee is
entitled to overtime.
(d) Overtime work shall be distributed fairly and equitably within each department
among all employees qualified to perform said work. Overtime assignments will be
made by rotating seniority lists for qualified employees in each department. An
overtime refusal will be treated as overtime hours worked for purposes of equal
distribution of overtime.
(e) Call Back: When an hourly employee is called in to work outside his/her normal
shift hours, the employee shall receive a minimum of three (3) hours pay and time
and one-half (11/2) rate, except where the employee is called in at less than three (3)
hours before his/her regular starting time, in which case he/she shall receive time
and one-half (11/2) only for the time worked.
3.4-3 Executive, Administrative and Professional Employees and Salaried Department
Heads
According to Section 541.118 of the Fair Labor Standards Act, all salaried
Department Heads are defined as "employee(s) employed in a bona fide executive,
administrative or professional capacity", and are exempt from Section 7 of the Act related to
compensatory time and compensatory time off.
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The Town Administrator may, but is not required to, grant salaried employees
compensatory time off for hours worked (on an hour for hour basis) in excess of a normal
work-week of 35-40 hours per week as established by the classification plan.
Compensatory time off must be taken within the fiscal year in which it is earned and
can not be carried over. Under normal circumstances, compensatory time off will only be
granted if doing so will not cause an office to be vacant or unattended during regular office
hours. Every effort is to be made to staff offices during regular office hours.
The granting or denial of compensatory time is not subject to the grievance or
arbitration process. All use of compensatory time or flexible hours must be coordinated with
the office of the Town Administrator and the employee's supervisor.
3.4-4 On-Call Emergency Compensation
When an FLSA exempt employee or Department Head is called to work under emergency
operation conditions outside his/her normal work hours, s/he shall receive, in addition to
his/her regular compensation a stipend equal to the average hourly rate for all FSLA exempt
employees or elect to take compensatory time off.
3.4-5 Weekend Coverage Stipend for Seasonal Permit Sales Office
When an executive, administrative or professional employee is on-call for the permit sales
office on a Saturday, Sunday or holiday, she/he shall be entitled to a stipend in the amount
of $50.00 per day of coverage. If the employee is called into work at the permit sales office
on a Saturday, Sunday or holiday, the employee shall also receive pay (at their normal
hourly rate, or time and one half, if they work in excess of forty (40) hours in that work
week) for the hours worked in the permit sales office.
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PART 4 - STANDARDS OF CONDUCT
4.1 Standards of Conduct
4.1-1 Policy
All persons employed by the Town hold a position of public trust and as a result
town employees must present themselves in a professional and appropriate manner. Town
employees shall avoid any action which might create the impression of using public office
for private gain, giving preferential treatment to any person, or losing impartiality in
conducting town business. Employees are expected to adhere to conduct established by law.
All employees may be subject to disciplinary action for acting in a manner that is not
consistent with these standards of conduct.
**Incorporated herein and made a part hereof by reference is Professional Conduct Policy
#7 issued by the Brewster Board of Selectmen and attached hereto in Addendum 2, as the
same may be amended from time to time.
4.1-2 Employees Covered by Standards of Conduct
All employees.
4.1-3 Harassment Policy
The Town of Brewster shall not allow any form of harassment or any such conduct
that has the purpose or effect of unreasonably interfering with an individual's work
performance or creating an intimidating, hostile or offensive work environment.
Such conduct, when experienced or observed, should be reported to the Town
Administrator. The Town Administrator shall conduct an investigation immediately.
It is the intent and desire of the Town of Brewster, in accordance with applicable
federal and state laws, to provide a work environment free from all forms of sexual
harassment, including but not limited to verbal, physical and visual (signs, poster or
documents) harassment and implicit and explicit unwelcome sexual advances or requests for
sexual favors.
**Incorporated herein and made a part hereof by reference is the Town of Brewster
Discriminatory Harassment Policy #25 issued by the Brewster Board of Selectmen and
attached hereto in Addendum 2, as the same may be amended from time to time.
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4.1-4 Substance Abuse Policy
**Incorporated herein and made a part hereof by reference are (a) Drug, Alcohol
and Substance Abuse Policy and (b) Alcohol and Drug Use and Testing Policy for Safety-
Sensitive Drivers, as attached hereto in Addendum 2, as the same may be amended from
time to time.
4.1-5 Smoking Policy
In accordance with the Brewster Board of Health Tobacco Use Regulation, smoking
is prohibited in all public places. Violations are subject to fine. Repeated violations may
subject the employee to disciplinary action.
4.1-6 Telephone Policy
The Town's telephone lines and communication devices such as phones, radios,
pagers and “walkie-talkies” are for conducting Town business. Personal calls must be
limited to an absolute minimum. Emergency telephone lines and devices are for in-coming
calls only and should never be used for out-going calls. Repeated violations may subject the
employee to disciplinary action.
4.1-7 Safety Policy
Employees shall be required to wear and use appropriate safety equipment, in
accordance with departmental policies, at all times while undertaking the work for which the
equipment is furnished. There shall be no exceptions.
Department heads and supervisors shall: assume full responsibility for the safety of
working areas; recommend correction of deficiencies noted in work procedures, facilities,
safety clothing or equipment or attitudes of employees; insure the availability and utilization
of appropriate protective clothing and equipment; observe working conditions and field
procedures to prevent possible safety hazards; and investigate and report all accidents
promptly.
Each employee shall observe all safety rules, operating procedures and safety
practices; use personal protective equipment; report unsafe areas, conditions, or other safety
problems; report all accidents promptly to the appropriate supervisor.
Employees including supervisors violating safety rules, practices and policies may
be subject to disciplinary action.
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4.1-8 Use of Internet Policy
The Town of Brewster provides computer and internet access as a tool for work-
related information gathering to those positions authorized by the Town Administrator.
Access is to be limited to work-related inquiries. Improper use of the internet by employees,
authorized or otherwise, may result in the loss of internet privileges or disciplinary action
depending on the nature and severity of the indiscretion(s).
4.1-9 Use of Electronic Mail (E-Mail) Policy
The Town of Brewster provides e-mail as a work-related communication tool to
those positions authorized by the Town Administrator. Use of e-mail is encouraged as a
means of reducing paper and providing quick inter-departmental communications. Abuse or
inappropriate use of the e-mail system may result in loss of e-mail privileges and/or
disciplinary action, depending on the nature and severity of the indiscretion(s).
**Incorporated herein and made a part hereof by reference is Computer and Internet
Policy #35 and attached hereto in Addendum 2, as the same may be amended from time to
time.
4.1-10 Global Position System (GPS) Devices on Town Vehicles
The Town reserves the right to monitor the whereabouts of any Town vehicle at any
time via global positioning device(s).
4.1-11 Cell Phone Use
a. Use of personal cellular phones either in voice or data transmission while on duty
should be restricted to essential communications and should be limited in length.
Engagement in multiple or extended conversations unrelated to town business or similar
use that interferes with the performance of duty is prohibited.
b. Use of personal cellular telephones is governed by the same safety restrictions as
provided for town owned cell phones.
c. Personal or departmentally issued cell phones should not be used if they are
disruptive to others. Photo messaging capabilities are prohibited unless they can clearly
linked to the conduct of official ton business.
d. Employees may not use any cellular phones while operating a town motor vehicle or
equipment.
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4.1-12 Video Camera Surveillance
The purpose of this policy is to regulate the use of video surveillance cameras
used to monitor and record public and restricted areas for the purpose of safety and
security of the public and employees and the protection of Town property.
The Town of Brewster shall determine appropriate locations for video
surveillance cameras consistent with this policy. However, video surveillance cameras
may be placed in all Town of Brewster workplace areas.
The video surveillance cameras addressed in this 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 Town will post notices/placards on buildings that video surveillance may
occur on Town property.
Imaging from the video surveillance cameras may be used for the discipline of
employees
The Town will advise the employees of the Personnel Bylaw of the location of the
camera on or in town buildings through a separate memorandum. While the Town has the
discretion to place cameras in the workplace, it will provide notice to the employees of
the Personnel Bylaw of any changes or additions of camera units.
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PART 5 - DISCIPLINARY AND GRIEVANCE PROCEDURES
5.1 Disciplinary Procedure
5.1-1 Policy
The Town Administrator, department heads and supervisors shall be responsible for
enforcing standards of conduct and rules and policies. Failure to comply with standards of
conduct or any rules and policies may result in disciplinary action. Disciplinary action shall
include only the following: oral reprimand, written reprimand, disciplinary probation,
suspensions and discharge. Department heads shall be responsible for preparing written
documentation of any and all disciplinary action imposed. All written documentation shall
be provided to the Town Administrator and shall be filed in an employee's personnel file in
the centralized personnel record keeping system. Should disciplinary action be rescinded
through the grievance process, such references to the action shall be removed from the
employee’s personnel file.
5.1-2 Coverage
All full-time, part-time and seasonal employees in accordance with Section 36-2 of
chapter 36 of the Code of the Town of Brewster.
5.1-3 Procedures
(a) Oral Reprimand
A department head or a supervisor may issue an oral warning to the
employee. An oral reprimand shall be noted in the employee's personnel file.
(b) Written Reprimand
A department head may issue a written warning. A copy of the written
warning shall be placed in the employee's personnel file and carry a specified period
in which the behavior shall be improved.
(c) Disciplinary Probation
A department head, with prior approval from the Town Administrator and
with due cause, may place an employee on disciplinary probation.
(d) Suspension
A department head, with prior approval from the Town Administrator and
with due cause, may suspend an employee without pay for a period or periods not to
exceed ten (10) working days in any twelve (12) month period. Suspension may be
in lieu of oral reprimand, written reprimand and disciplinary probation and may be
effective immediately. Within forty-eight (48) hours of the effective date of the
suspension the employee shall be provided with a written notice stating the reasons
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for and the length of the suspension. Suspensions exceeding ten (10) working days
in any twelve month period may be issued by the Town Administrator, after
consultation with the employee’s department head.
(e) Discharge
An employee may be discharged for cause. The Town Administrator, after
consultation with the employee’s department head, shall provide the employee with
a written notice of discharge and the effective date of the discharge. Depending
upon the severity of the offending actions of the employee, discharge may occur
despite the lack of prior disciplinary action.
5.2 Grievance Procedure
5.2-1 Policy
The intent of the grievance procedure is to reconcile employee grievances in an
efficient, appropriate and effective manner. Participants in the grievance process are
expected to act appropriately and further respect the grievance process.
5.2-2 Employees Covered by Grievance Procedure
All full time and part time employees.
5.2-3 Grievance Procedure
The term “grievance” shall mean any dispute concerning the application or
interpretation of these personnel rules and policies or disciplinary procedures. Resolution
shall be sought in the following manner:
(a) An aggrieved employee shall make an effort to discuss any matter of
dispute with his or her immediate supervisor in a mutual effort to resolve any
problem or misunderstanding. Notwithstanding the above, an aggrieved
employee shall present a grievance, in writing, to his or her immediate supervisor
not later than ten (10) calendar days from the time the employee has knowledge or
reasonably should have had knowledge of the occurrence which gave rise to the
grievance. The written grievance shall contain the following information:
The section(s) of these personnel rules and policies upon which the
grievance is based
The occurrence(s) being grieved
Applicable date(s) and time(s)
Any pertinent information relative to the grievance
The relief that is desired
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The supervisor, within five (5) working days of his or her receipt of the
written grievance, shall provide an answer, in writing, to the aggrieved employee.
If the grievance is not resolved to the satisfaction of the aggrieved
employee and the immediate supervisor and the department head are the same
person, the employee may continue by following the procedure set forth in (c)
below or, if the immediate supervisor and the department head are not the same
person, the employee may continue by following the procedure set forth in (b)
below.
(b) The aggrieved employee shall, within five (5) working days after receipt
of a written answer from his or her immediate supervisor or within ten (10)
working days after presentation of the written grievance to his or her immediate
supervisor, present the grievance in writing to his or her department head in
accordance with the procedure as set forth in (a) above. The department head,
within five (5) working days of his or her receipt of the written grievance, shall
provide an answer, in writing, to the aggrieved employee. If the grievance is not
resolved to the satisfaction of the aggrieved employee, the employee may
continue by following the procedure set forth in (c) below. In the event that the
department head and the Town Administrator are the same person, the employee
may continue by following the procedure set forth in (d) below.
(c) The aggrieved employee shall, within five (5) working days after receipt
of a written answer from his or her department head or within ten (10) working
days after presentation of the written grievance to his or her department head,
present the grievance in writing to the Town Administrator in accordance with the
procedure as set forth in (a) above. The Town Administrator, within five (5)
working days of his or her receipt of the written grievance, shall provide an
answer, in writing, to the aggrieved employee. If the grievance is not resolved to
the satisfaction of the aggrieved employee, the employee may continue by
following the procedure set forth in (d) below.
(d) The aggrieved employee shall, within ten (10) working days after receipt
of a written answer from the Town Administrator or within twenty (20) working
days after presentation of the written grievance to the Town Administrator,
present the grievance to the Board of Selectmen, in writing, in accordance with
the procedure as set forth in (a) above, together with a written request for a
hearing. The Board of Selectmen shall hold a hearing on the grievance and shall
answer the grievance, in writing, within thirty (30) days after its receipt by them.
The Board of Selectmen may support, modify or reverse the action of the Town
Administrator. The decision of the Board of Selectmen shall be final.
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5.2-4 Procedural Protections
Employees may be represented by counsel or another representative during the
grievance process. Any expenses incurred by an employee during the course of the
grievance process shall be borne by the employee. Any employee, including the grievant,
who is required or requested to be present at any hearings on a grievance shall not lose
any pay for work time lost.
Department heads and/or supervisors shall not retaliate or take any disciplinary
action against an employee based upon the filing of a grievance.
5.2-5 Failure to Act
Grievances are expected to be filed in a timely manner and all time limits
specified in the grievance process procedures shall be met by all parties involved
provided, however, any time limit may be extended by written agreement between the
Board of Selectmen and the employee filing the grievance. Failure of the employee to
meet the time limits specified in this section shall result in a grievance being denied,
closed and further declared null and void.
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PART 6 - PERSONNEL PRACTICES
6.1 Holidays
6.1-1 Coverage
All regular full-time and regular part-time employees in accordance with Section 36-
2 of Chapter 36 of the Code of the Town of Brewster. Temporary employees, part time
employees working less than twenty (20) hours per week, call and seasonal employees are
not eligible for paid holidays off or holiday pay for holidays worked.
6.1-2 Recognized Holidays
The following holidays shall be recognized by the town on the day on which they
are legally observed, and on these days, employees who are scheduled to work shall be
excused from all duty, without loss of pay, except in cases where the employee is required to
work in order to maintain essential town services:
New Year's Day Labor Day
Martin Luther King Day Columbus Day
President's Day Veteran's Day
Patriots Day Thanksgiving Day
Memorial Day The day following Thanksgiving Day
Independence Day 1/2 day prior to Christmas Day*
Christmas Day
* In a calendar year in which Christmas Falls on a Saturday, Sunday or
Monday, there will be no one-half (1/2) day off on the preceding Friday; however,
when Christmas falls on Tuesday, the Town will grant one full day off on the day
preceding the Christmas holiday.
Whenever one of these designated holidays falls on a Saturday, those permanent
employees scheduled to work on the preceding Friday shall be excused from duty on that
Friday, with pay. Whenever one of these designated holidays falls on a Sunday, those
permanent employees scheduled to work on the following Monday, shall be excused from
duty on that Monday, with pay. Should Town Hall be open on these alternate days, the
Town Administrator may require sufficient employees to report to work to insure the
provision of essential services to the residents of Brewster and will provide such employees
an alternative day off with pay.
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6.1-3 Terms of Holiday Pay
Holiday pay shall be granted as follows:
(a) A full time employee paid on an hourly basis will receive only a day's pay at
the regular rate based on the number of hours regularly scheduled on the day on
which the designated holiday occurs.
(b) Holiday pay shall be granted to an eligible employee provided that the
employee was not off the payroll on the employee's last scheduled working day prior
to the date of the holiday, and the 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 these policies, or was appropriately excused.
(c) For the purposes of this section, when an eligible hourly employee is
required to work on a designated holiday, holiday pay shall be one and one half (1.5)
times the base rate of pay, with the exception of Thanksgiving Day and Christmas
Day. On Thanksgiving Day and Christmas Day holiday pay shall be two (2) times
the hourly rate of base pay.
(d) Salaried employees are not eligible for “holiday pay” over or above their
regular pay. Salaried employees who are required to work on an observed holiday
shall be granted equivalent compensatory time off.
(e) When an eligible employee is on vacation during a designated holiday, pay
for the holiday shall be considered holiday pay, rather than vacation pay, and the
employee’s vacation leave will not be charged.
(f) Part-time hourly employees who work an annual average of 20 or more
hours per week and in continuous service with the Town, shall be granted holiday
pay in the same proportion that his/her part-time service bears to full-time service
if the employee would normall y have been scheduled to work on the designated
holiday.
(g) A part time employee who is ineligible for holiday pay in accordance with
these personnel policies (i.e.; one who works an annual average of less than 20 hours
per week) may, at the discretion of his/her department head, work an adjusted
schedule in a holiday week to maintain the employee’s usual number of work hours
for the pay period.
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6.2 Vacation Leave
6.2-1 Coverage
Full-time employees in accordance with Section 36-2 of Chapter 36 of the Brewster
Town Code.
6.2-2 Accrual of Vacation
The vacation year shall be determined by the employee's anniversary date of hire
with the Town. Vacation shall be granted in accordance with the following schedule:
(a) Full-time employees in continuous service of the town for more than six (6)
months but less than one (1) year of employment who have successfully completed
the probationary period shall earn five (5) days of vacation leave with pay to be used
during the first year of employment.
(b) Full-time employees in continuous service of the town for more than one
year, but less than five years of continuous service, shall earn ten (10) days per year
of vacation leave with pay.
(c) Full-time employees in continuous service of the town for more than five
years, but less than ten years of continuous service shall be entitled to fifteen (15)
days per year of vacation leave with pay.
(d) Full-time employees in continuous service of the town for more than ten
years, but less than fifteen years of continuous service shall be entitled to twenty
(20) days per year of vacation leave with pay.
(e) Full-time employees in continuous service of the town in excess of fifteen
years shall be entitled to twenty-five (25) days per year of vacation leave with pay.
(f) Part-time employees who work less than 20 hours per week are not entitled
to paid vacation leave. Regular part-time employees who work more than twenty
hours per week shall be granted vacation leave in the same proportion that his/her
part-time service bears to full-time service.
(g) Employees utilizing paid vacation leave in advance of earning it shall be
required to re-pay the Town if they do not remain in the Town’s employment long
enough to earn the vacation leave taken.
6.2-3 Scheduling
Vacation leave shall be authorized by department heads at such times, in the opinion
of the department head, as to cause the least interference with the performance of regular
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work of the Town. In cases where the vacation requests by employees in the same
department conflict, preference, subject to the operational needs of the Town, shall be given
to employees on the basis of years of continuous employment with the Town. Vacation
must be taken within the allocated year, and shall not accumulate, beyond the employee’s
next anniversary date, unless written permission is received by the employee from the Town
Administrator.
6.2-4 Termination
Whenever employment is terminated by dismissal through no fault or delinquency
on the part of the employee, or by retirement/resignation, or entrance into the military, the
employee shall be paid an amount for that portion of the vacation allowance earned but not
used in the vacation year during which termination occurred up to the time of the employee's
separation from the payroll.
If the employee leaves during the fiscal year and has already taken his full vacation
allotment, there shall be a deduction from his final pay check(s) of the amount of vacation
pay he used but had not yet earned.
6.2-5 Death
Whenever employment is terminated by death, the estate of the deceased shall be
paid an amount for that portion of the vacation allowance earned but not used in any
vacation year during which the employee died up to the time of his separation from the
payroll.
6.2-6 Holiday While on Vacation
Any paid holiday falling within a vacation period will not be charged to vacation
leave.
6.3 Sick Leave
6.3-1 Coverage
Full-time employees in accordance with Section 36-2 of Chapter 36 of the Code of
the Town of Brewster.
6.3-2 Accumulation
Full-time employees shall earn sick leave at the rate of one and one quarter (1 1/4)
days per month for each month actually worked up to a maximum of fifteen (15) days per
year.
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Unused sick leave may be accumulated from year to year up to a maximum of: 190
(one hundred ninety) days.
Regular part-time employees who work less than 20 hours per week are not entitled
to accumulated sick leave. Regular part-time employees who regularly work twenty (20) or
more hours per week shall earn sick leave in the same proportion that his/her service bears
to full-time service.
6.3-3 Use of Sick Leave
Sick Leave is intended to allow for continued compensation for an employee
who is sick or injured and incapable of working.
(a) Occupational Illness or Injury
An employee who suffers a personal injury or illness arising out of or in the
course of his/her employment with the Town of Brewster will be entitled to benefits
pursuant to G.L.C.152 (Workers Compensation Law). The employee shall receive
his/her base pay, less any payment received under the Workmen’s Compensation
Law of the Commonwealth provided the employee has accumulated sick leave in
his/her account from which sick leave may be deducted. The deduction from the
employee’s sick leave account will begin with the date of injury.
(b) Non-Occupational Illness or Injury
It is understood that sick leave is a benefit to be accumulated and not used
except as specified herein. An absence reported as sick leave and not used as
specified is cause for disciplinary action. An employee’s sick leave credit shall be
deducted for each day’s absence under the following conditions:
(1) When an employee is unable to perform his/her duties because
he/she is incapacitated by personal illness or injury.
(2) When the spouse/domestic partner or son/daughter is ill, an
employee may utilize up to a maximum of five (5) days of sick leave credits
per fiscal year.
(3) When an appointment with a health care provider cannot reasonably
be scheduled outside of normal working hours, such deduction to sick leave is not to
exceed four (4) hours per appointment. However, appointments that are located off
Cape Cod and require travel time will not be subject to this limitation.
(4) When, through exposure to a contagious disease, the presence of the
employee at his/her work location would jeopardize the health of others.
(c) Upon return to work following a sick leave of five or more consecutive
workdays, an employee may be required to undergo a medical examination to
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determine his/her fitness for work. The employee, if he/she so desires, may be
represented by a physician of his/her choice.
(d) The Town may require a physician’s certificate of illness for an employee
who reports his/her inability to report for duty because of illness or injury for three
(3) consecutive workdays or more than twelve (12) workdays in a calendar year.
This certificate of illness shall consist of a signed statement by a licensed healthcare
practitioner that he/she has personally examined the employee and shall contain the
nature of the illness or injury, unless identified as being of a confidential nature; a
statement that the employee was not able to perform his or her duties due to the
specific illness or injury on the days in question; and a prognosis for the employee’s
return to work. Failure to produce such evidence within seven (7) days of its request
may result, at the discretion of the Town Administrator, in denial of sick leave for
the period of absence.
(e) An employee having no sick leave credits, who is absent due to illness, may
be required to apply other paid leave toward the absence.
(f) Employees requesting sick leave under this provision must notify the
designated representative of the department head at last one (1) hour before the start
of his/her work shift on each day of absence. Such notice must include the general
nature of the disability and the estimated time for which the employee will be absent.
Where circumstances warrant, the department head or designee shall reasonably
excuse the employee from such daily notification.
6.3-3.5 Abuse of Sick Leave
Where the department head has reason to believe that sick leave is being abused,
he/she may require satisfactory medical evidence from the employee. The following shall be
considered reasonable cause for suspecting that sick leave is being abused:
(a) Submitting false or inaccurate information to the Town concerning the
reason for the employee’s use of sick leave;
(b) A repeated pattern of taking sick leave in conjunction with weekends,
holidays or other paid leave
6.3-3.6 Incentive to Minimize Use of Sick Leave
If an employee utilizes five (5) or fewer days of sick leave within a fiscal, he/she
shall be granted one (1) day of personal leave on July 1st of the following fiscal year, to be
taken in accordance with the guidelines outlined in Section 6.4-6, herein.
If an employee uses less than twenty-one (21) hours of sick time in a fiscal year, the
employee will receive a $500.00 bonus from the Town payable no later than July 31st
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6.3-4 Sick Leave Bank
The basic purpose of the Sick Leave Bank, hereafter referred to as the Bank, is to
provide additional leave time to a member who has exhausted his/her own sick leave time
and is in an extended illness situation. The Bank is designed to not present any additional
cost to the Town of Brewster in terms of sick leave time or management of the program.
The intent is to provide income through sick leave time to the member in need of it by the
membership as a whole.
The following will be the format of the functioning and administration of the Bank:
(a) The administration of this Bank shall be vested in a Sick Leave Bank
Committee comprised of three (3) persons, two (2) of whom shall be elected by the
employees of the Town of Brewster who are covered by the Personnel Bylaw and
one (1) who shall be the Town Administrator and who shall serve as chairperson.
(b) In order to be eligible for membership in the Bank, an employee must have
successfully completed at least six (6) months of employment.
(c) Each employee who wishes to become a member shall notify the Committee
of their intent and shall contribute two (2) days of annual sick leave into the Bank on
July 15th.
(d) Each subsequent year, each member of the Bank will donate one (1) sick day
at the beginning of each fiscal year with the following exception: After a member
has accumulated the maximum number of sick days, he/she may donate a maximum
of two (2) days per fiscal year as long as he/she remains above the maximum
accumulation.
(e) A member must have exhausted all of his/her accumulated paid sick
leave prior to using Bank days.
(f) Only those employees who are active members will be eligible to apply for
use of sick leave bank days.
(g) A member must request use of Bank days by submitting a
written request to the Bank Committee Chairperson on a form approved by the Bank
Committee.
(h) Any member of the Sick Leave Bank who requests use of Bank days agrees
to permit the Bank Committee access to his/her attendance and sick leave records.
(i) The Bank Committee shall vote on each request of Bank days and report
their vote to the Town Administrator within ten (10) business days of their receipt of
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the request. Approval of the Bank Committee is necessary to be entitled to the use
of Bank days.
(j) The denial of the Bank Committee is not subject to the grievance procedure.
(k) When a member applies to the Bank Committee to use bank days, an
employee will be limited to receiving double the number of days the member had
available to use from his/her own sick leave account for the present illness or injury.
(l) The limitation imposed by Paragraph K above can be waived by a
unanimous vote of the Bank Committee. The Committee will then set the number of
days available for the member to use.
(m) The Bank Committee has the right, in case the Bank has depleted all of its
days, to come before the membership for additional assessment of sick days, subject
to 2/3 vote of members present at the meeting.
(n) Any member who has used Bank days, may at his/her discretion, repay any
or all days used.
(o) Any employee who is an active member of the Bank and is ill and unable to
contribute sick leave days on July 1st or at request time, shall not be penalized or
removed from membership.
6.3-5 Retirement and Sick Leave Payment
Upon death or retirement, pursuant to the Barnstable County Retirement Plan Rules
and Regulations pertaining to retirement, employees 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. An employee's current unused sick leave will be included in the
maximum number of days eligible for buy-back. Payment shall be based upon the wages
and salary of the employee at death or retirement, and be payable to either the estate of the
retiree or the retiree.
If an employee gives one (1) year notice of retirement, buy back will be a twenty-
five percent (25%) of unused sick leave upon that retirement date.
6.3-6 Return to Duty
When an employee has been absent from work due to illness or injury in excess of
three (3) consecutive days, a written statement from a health care professional may be
required to clear the employee to return to duty and capable of performing the essential
functions of the job, with or without specific temporary or long term accommodations. If no
written statement is available, the Town may, at its own expense, require the employee to
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undergo evaluation by a health care professional who will submit written documentation for
the purposes of determining whether the employee is ready and able to return to duty.
6.4 Bereavement Leave, Civil Leave, Leaves of Absence,
Military Leave and Emergency Personal Leave
6.4-1 Coverage
All full-time employees and regular part-time employees, in accordance with
Section 36-2 of Chapter 36 of the Code of the Town of Brewster, unless otherwise provided.
Temporary employees, part-time employees working less than twenty (20) hours per week,
call and seasonal employees are not eligible for paid bereavement leave.
6.4-2 Bereavement Leave Policy
(a) Full-time and regular part-time employees shall be granted up to five (5)
days of leave with pay in the event of a death in the immediate family,
including parent(s); spouse; domestic partner, in accordance with provisions of
Chapter 87 of the Code of the Town of Brewster; son(s); daughter(s); step-
parent(s); and/or stepchild(ren).
(b) Bereavement leave of up to three (3) consecutive workdays with pay shall be
granted to full-time employees at the discretion of the employee's Department Head,
if approved by the Town Administrator, for the death of an employee's extended
family member including but not limited to sister(s), brother(s), grandparent(s),
mother-in-law, or father-in-law, brother-in-law, sister-in-law, or grandchildren.
Additional leave, without loss of pay, may be granted at the discretion of the
employee's Department Head with the approval of the Town Administrator.
(c) A full time or regular part-time employee paid on an hourly basis will
receive only a day’s pay at his/her regular rate based on the number of hours
regularly scheduled on the day(s) for which bereavement leave is requested.
(d) Bereavement leave shall be granted to an eligible employee provided that the
employee was not off the payroll on the employee’s last scheduled working day
prior to the day(s) for which bereavement leave is requested and the next regularly
scheduled working day following the day(s) for which bereavement leave is
requested, or was in full pay status on such preceding and following days in
accordance with other provisions of these policies, or was appropriately excused.
(e) Salaried employees are not eligible for “bereavement pay” over or above
their regular pay.
(f) If an eligible employee is on vacation when the need for bereavement leave
occurs, the employee’s vacation leave balance will not be charged.
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(g) Part-time hourly employees who work an annual average of twenty (20) or
more hours per week and in continuous service with the Town shall be granted
bereavement leave pay in the same proportion that his/her part-time service bears to
full-time service if the employee would normally have been scheduled to work on
the day(s) for which bereavement leave is requested.
(h) A part time employee who is ineligible for bereavement leave in accordance
with these personnel policies (i.e.: one who works an annual average of less than 20
hours per week) may, at the discretion of his/her department head, work an adjusted
schedule to maintain the employee’s usual number of work hours for the pay period.
6.4-3 Jury Leave Policy
A full time or regular part time employee summonsed as a Juror will be granted a
leave of absence with pay during the period of his/her jury duty. However, compensation
received as a Juror will be deducted from the employee’s compensation from the Town.
(Employees who receive payment for jury service must give that amount or check to the
Town prior to receipt of the paycheck covering that period.) Written notice of jury duty
must be provided to the Town at least two weeks prior to the day(s) to be served. Written
notice of service must be provided upon return to work in order for an employee to be paid
for time spent in such service.
6.4-4 Military Leave Policy
(a) Regular employees who serve in the Armed Forces of the United States,
under orders, will be allowed the difference between the base pay he/she receives for
such services and his/her regular rate of compensation from the Town, for a period
of not more than seventeen (17) calendar days of military leave attributable to their
annual tour of military duty.
(b) An employee shall be entitled, during the time of his/her service in the
Armed Forces of the Commonwealth, or during his/her tour or duty as a member of
a reserve component of the Armed Forces of the United States, to be released from
his/her work without compensation in order to attend assigned weekly and weekend
drills which require absence from their normally scheduled work tour, as defined in
Chapter 33, Section 59A of the Massachusetts General Laws.
6.4-5 Leave of Absence Policy
(a) A full-time or part-time employee may apply for a leave of absence without pay
after having completed one (1) full year of employment. Applications should be
submitted to the Town Administrator through the employee's Department Head.
Leave of absence without pay is normally granted for a period not to exceed six
(6) months but may be extended for two (2) additional three (3) month periods.
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The Town Administrator shall base their decision on granting such leave on the
reason for such leave, the potential that such leave will increase the employee's
qualifications as a Town employee and the Town's ability to absorb the
employee's workload without hiring a replacement. The decision of the Town
Administrator shall not be subject to the grievance and arbitration procedure.
(b) The Town Administrator may, with approval of the BOS/PB, grant leaves of
absence without compensation for periods not to exceed one year’s duration,
with a guarantee of reinstatement in the same or an equivalent capacity as
previously employed, upon the written request of an employee. The written
request shall include a detailed statement of the reason for the requested leave.
Only those employees completing at least one year of continuous service shall be
eligible for leaves of absence under this section. A copy of the approved written
request shall be placed in the employee’s personnel file.
(c) Employees granted a leave of absence shall not be entitled to other benefits as
may be provided by the town, including, but not limited to seniority, sick leave,
vacation leave and compensation during the periods of the leave. An employee
granted a leave of absence for a period of thirty (30) days or less shall be entitled
to coverage under applicable group health and life insurance plans. An
employee granted a leave of absence for a period of greater than thirty (30) days
may be provided coverage under applicable group health and life insurance
plans, provided that the employee pays the total premium cost plus any
associated administrative fees.
(d) Leaves of absence shall not be granted to enable an employee to accept other
employment or for self employment. Employees who engage in such
employment during a leave of absence shall be terminated.
(e) Any request for leave of absence, an extension of a leave of absence, or
reinstatement after such leave without pay shall be made in writing.
(f) If an employee shall fail to request reinstatement at or before completion of the
period for which the leave of absence has been granted or shall fail to return to
his/her position on the date of approved reinstatement, the Town Administrator
shall notify the employee that his//her employment is considered to be
terminated.
(g) Any denial of a leave of absence under this provision shall not be subject to the
grievance procedure.
6.4-6 Personal Leave
Each full-time employee in continuous service shall be eligible to receive twenty-
four (24) hours of paid personal leave for use during the fiscal year subject to the approval
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of the employee’s department head. Personal days must be taken in the fiscal year in which
they are granted and may not be accumulated.
Full-time employees hired by the Town after July 1 of each year will be credited
with personal leave hours for use during the remainder of the fiscal year in accordance with
the following schedule:
Hired between July 2 and September 30: 24 hours
Hired between October 1 and December 31: 16 hours
Hired between January 1 and March 31: 8 hours
Hired between April 1 and June 30: 0 hours
Personal leave for regular part-time employees who regularly work twenty (20) or
more hours per week will be granted on a pro-rata basis.
6.4-7 Weather-Related Absences
On days when the opening of the Town Offices is delayed as the result of inclement
weather, employees are expected to report for work at the delayed opening time. Employees
not wishing to report to work due to extreme weather conditions may elect to utilize paid
personal or vacation time to compensate for their absence. Use of paid sick leave time in
this instance is only acceptable in the case of illness or injury. Absences from work due to
weather by employees who do not have paid personal or vacation leave time available will
be treated as excused unpaid absences.
In a delayed opening situation, employees who report to work will be paid for a full
day. While it is requested that employees make a reasonable effort to report to work by the
delayed opening time, safety always comes first. Employees who are unable or unwilling to
report to work or who expect to arrive later than the established opening time should leave
an appropriate message in the Selectmen’s office.
6.4-8 Emergency Personal Leave Policy
The Town Administrator may grant paid or unpaid emergency personal leave to
employees in the event of a serious illness of members of the employee's family or other
serious personal problem. If paid, leave granted shall be charged first against the employee's
accumulated sick leave and second, against the employee's accumulated vacation leave.
6.4-9 Small Necessities Leave
In accordance with the Small Necessities Leave Act (MGL Chapter 149, Section
52D), the Town will provide eligible employees with up to twenty-four (24) hours leave
in a fiscal year period for one or more of the following reasons:
(a) to participate in school activities directly related to the educational
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advancement of a son or daughter of the employee, such as parent-teacher
conferences or interviewing for a new school;
(b) to accompany a son or daughter of the employee to routine medical or dental
appointments, such as for check-ups or vaccinations;
(c) to accompany an elderly relative of the employee to routine medical or
dental appointments or other professional services related to the elder’s care,
such as interviewing at nursing homes or group homes.
The employee must use said leave in minimum increments of no less than one (1)
hour. The Town will require the employee to substitute any other accumulated paid leave
time for any of the leave provided under this section.
In order to be entitled to leave, the employee must provide notice to his/her
department head as follows:
(a) If the leave is foreseeable, the employee must request the leave not later than
seven (7) days in advance;
(b) If the leave is not foreseeable, the employee must provide his/her department
head as much advance notice as practicable under the particular
circumstances;
(c) This notice should, to the extent possible, be in writing to the department
head.
To be eligible for leave, an employee must be employed by the Town for at least
twelve (12) months and have worked at least one thousand two hundred and fifty (1,250)
hours within the previous twelve (12) month period.
6.5 Family Medical Leave
6.5-1 Coverage
Any employee who has worked for the Town for at least twelve (12) months and has
worked at least one thousand two hundred and fifty (1,250) hours within the past twelve
(12) month period.
6.5-2 Policy
In accordance with the Family Medical Leave Act (FMLA), the Town of Brewster is
required to provide eligible employees up to a maximum of twelve (12) weeks unpaid leave
in a twelve (12) month period for one of the following reasons:
(a) to care for a newborn or newly placed adopted or foster child;
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(b) to care for a member of the employee’s immediate family with a serious health
condition;
(c) to care for the employee’s own serious health condition;
(d) placement with the employee of a son or daughter for adoption or foster care;
(e) because of a qualifying exigency arising out of the fact that the employee’s spouse,
son, daughter or parent is a military member on active duty or has been notified of
an impending call up or order to a covered active military duty status; or
(f) to care for a covered service member with a serious injury or illness if the employee
is the spouse, son, daughter, parent or next of kin of the covered service member.
Twelve (12) weeks of leave within a twelve (12) month period is the maximum
amount of leave required by the Family Medical Leave Act regardless of the number of
qualifying events involving an individual eligible employee that may occur within a twelve
(12) month period. Eligible employees shall be required to use all accrued paid leave before
utilizing unpaid leave unless the state or federal law requires otherwise. A copy of the
regulations of 2013 are attached as an appendix to this document. Should there be a conflict
between the Act as periodically amended and this attachment then the amended Act shall
prevail.
6.6 Leave in Relation to Domestic Violence or Abusive Situations
6.6-1 Coverage
In accordance with MGL Chapter 149, Section 52E, all employees of the Town of Brewster
who are effected by domestic violence or abusive behavior, or whose family members are
effected by domestic violence or abusive behavior, as defined by the 2014 Domestic
Violence Act, so called, shall be eligible to take up to 15 days, within a 12-month period, of
paid or unpaid leave from work in order to attend to needs resulting from the domestic
violence or the abusive situation as further defined by the law and the “Town of Brewster’s
Policy for Employment Leave Related to Violent or Abusive Situations”.
6.6-2 Policy
All leaves governed by the State Domestic Violence Act shall be eligible for provisions
specified in that Act, in accordance with the “Town of Brewster’s Policy for Employment
Leave Related to Violent or Abusive Situations”.
**Incorporated herein and made a part hereof by reference is the “Town of Brewster’s
Policy for Employment Leave Related to Violent or Abusive Situations” No. 46 issued by
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the Brewster Board of Selectmen and attached hereto in Addendum 2, as the same may be
amended from time to time.
6.7 Longevity
Effective July 1, 2015, the Town will eliminate the longevity payment program for
any and all employees hired on or after July 1st, 2015.
Regular full-time employees hired prior to July 1st, 2015 shall receive an annual
payment after (6) years of continuous employment of $150.00 per year of service beyond
the sixth (6th) year, capped at the sum of $1,500.00 for all those employees who, as of July
1, 2012, were receiving less than that amount. Employees, who as of July 1, 2012, are
receiving longevity benefits in excess of $1,500.00, will continue to receive those longevity
benefits annually at the rate they were receiving as of July 1, 2012 until termination of
employment with the Town. Said payment shall be paid on or about the employee’s
anniversary date of employment with the Town commencing on the employee’s completion
of six years of employment. This longevity payment shall not apply to seasonal or part-
time employees.
6.8 Employee Incurred Expenses and Reimbursement
6.8-1 Policy
The town will reimburse all legitimate expenses authorized to be incurred by an
employee as a result of that employee performing town business or pursuing educational
advancement related to the employee's work.
6.8-2 Coverage
All employees in accordance with section 36-2 of Chapter 36 of the Code of the
Town of Brewster.
6.8-3 Mileage Reimbursement
When an employee must use a personal vehicle for town-related business the Town
of Brewster will reimburse employees on a per mile basis at a rate set annually by the Chief
Financial Officer, consistent with what is determined by the Internal Revenue Service of the
United States. Travel expenses between the employee's home and work location are not
reimbursable.
Request for reimbursement must be approved by the employee's supervisor on a
form that displays the date, the travel occurred; the destination; and the reason for travel and
number of miles traveled. When a reimbursement request differs substantially from the
standard distance expected to be traveled between the described locations, the Town retains
the right to require a written justification of the same and to adjust the amount reimbursed to
the employee if it is deemed appropriate.
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6.8-4 Uniform, Safety and Foul Weather Gear
When employees are required to wear uniforms in the performance of their duties,
the Town will provide the uniform as required. There shall be a clothing allowance of
$500 in FY18, FY19 and FY20 per full-time equivalent employee per year, and a safety
shoe allowance of $300 per year. The decision to use a uniform/cleaning service versus a
clothing allowance remains with the Town. The Town will work with each departmental
unit to determine a consensus approach. In addition, each department will have one
unified solution, i.e., a cleaning service or the clothing allowance option.
Employees eligible for the clothing and boot allowance, are as follows:
Building Maintenance Supervisor, Building Commissioner, Local
Inspector, DPW Superintendent, Water Superintendent, Health Director,
Natural Resources Director, Natural Resources Assistant, Conservation
Administrator and Golf Superintendent.
6.9 Education and Training Policy
It shall be the policy of the Town of Brewster to encourage employees to improve
their knowledge and skills by on-the-job training, participation in recognized job related
associations and by their enrollment in accredited schools and colleges. The Board of
Selectmen shall establish procedures defining the limits of financial assistance and
conditions under which assistance may be provided for employees’ participation in
accredited school and college programs. Any such assistance shall require the pre approval
of the employee’s department head and the Town Administrator.
Subsequent to completion of probation and prior to registering for a course, an
employee covered by the Personnel Bylaw may submit a written request to the Town
Administrator or his/her designee for approval of tuition reimbursement for a job-related
high school, college or special professional training course. If approved, upon successful
completion of the same by an employee, that employee shall be eligible for tuition and text
book reimbursement by the Town, subject to the following conditions:
(a) All employees agree to make every effort to obtain available federal and/or
state funding for their attendance.
(b) Provided an appropriation exists for this purpose, the initial benefit will be
up to $200.00 per course with remaining dollars to be divided equally among the
users with additional expenses.
(c) Total reimbursement for all employees shall be limited to the annual
appropriation available during the fiscal year for which it was appropriated.
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(d) Courses must be taken during off-duty times.
(e) The decision to approve or disapprove a course by the Town Administrator
or his/her designee shall not be subject to the grievance process.
The Town may appropriate funds either in a pooled line item or within a
departmental budget to cover the cost of employee workshops and training. An employee’s
attendance at a workshop or training session during work hours shall be subject to the
approval of his/her Department Head who shall identify the source of funding, if any, and
weigh the needs of the department versus the anticipated benefit from the employee’s
attendance at the training in making his/her decision. If funds are available within an
employee’s departmental budget, the decision of the Department Head shall be final. If
funding is requested from a mutually shared pool of Town funds, the request shall be
submitted to the Town Administrator whose decision regarding the employee’s requested
attendance and funding shall be final.
Training that is required to attain a certification that is mandated by an employee’s
job description shall be paid for by the Town. An employee’s time spent in attendance at
certification training which has been determined by the Town as required by the employee’s
assigned job description shall be considered compensatory time, whether or not it is
scheduled during regular working hours.
The expense of professional association membership dues may be appropriated
within departmental budgets. The decision to appropriate membership dues shall be made
as part of the budgetary process.
6.10 Non-Resident Benefits
Employees covered by the Personnel Bylaw Policies shall be entitled to purchase a
beach parking permit, a shellfish license and/or a golf membership at the resident rate fee.
6.11 Group Insurance
(a) The Town of Brewster offers health insurance coverage to its eligible
employees through the Cape Cod Municipal Health Group, a member-directed, joint
procurement entity. The Town’s current contribution towards health insurance
coverage is seventy-five percent (75%) of the premium cost for the Preferred
Physician Organization (PPO) and Health Maintenance Organization (HMO) plans.
Twenty-five percent (25%) of the premium cost shall be paid by the employee. The
Town allows for pre-tax, direct-debit from employees’ earnings to cover premium
payments. There is an administrative fee charged to the employee for this service.
Effective July 1, 2017, the Town will add Health Savings Account (HSA)
High Deductible Plans to the FY 2018 roster of health plan offerings. The Town
shall contribute Fifty Percent (50%) of the plan deductible to the employee’s HSA.
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Health Savings accounts (HSA) are tax advantaged accounts for the purpose of
paying for eligible medical expenses. They are owned by the employee and funds
may be invested to grow and may also be used to pay for health care in retirement as
well as for current eligible medical expenses.
Any employee who does not enroll in the Town’s health insurance
coverage(s) shall receive an annual payment of $3,000.00 for family or $1,500.00
for individual for those years the employee is not enrolled, to be paid no later than
September 1st of each fiscal year.
(b) The Town offers active employees a group dental and a group optometry
insurance plan. Employees opting to participate in these insurance plans shall pay
one hundred percent (100%) of the premiums. The Town does not contribute
towards these premiums.
(c) The Town offers active employees a life insurance policy with a $10,000
benefit, and a $10,000 accidental death & dismemberment benefit. The benefit
under this policy drops to $1,000 once an employee retires. The Town contributes
seventy-five percent (75%) towards the cost of premiums for this coverage
(d) When an employee retires from the Town pursuant to the Barnstable County
Retirement Association the Town will continue to contribute towards health
insurance premiums at a rate of fifty percent (50%). The retired employee must
continue to pay fifty percent (50%) of the premiums in order to maintain coverage.
(e) An employee eligible to participate in the Town’s group insurance program
should expect to allow up to thirty (30) days following submission of his/her
application for processing and commencement of membership.
(f) To be eligible to participate in the Town’s group insurance program,
employees must be employed in a position designated twenty (20) hours per week or more.
(g) Insurance claims under the health and life insurance coverage provided by
the Town are not subject to the grievance procedure.
6.12 Performance Appraisal Process
6.12-1 Management Personnel
Employees identified as management personnel shall be appraised in accordance
with the "Performance Appraisal System for Management".
Each year no later than June 1, the employee and the supervisor/administrative
authority shall jointly develop four or more objectives to be accomplished during the next
twelve months.
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A review of progress made against the objectives may be conducted by the
employee and the supervisor/administrative authority after six months.
A review to determine to what extent each performance objective has been
accomplished shall be held at the end of a twelve-month period by the employee and the
supervisor/administrative authority.
6.12-2 Technical, Clerical and Public Works Personnel
Employees identified as Technical, Clerical and Public Works Personnel shall be
appraised in accordance with the "Performance Appraisal System for Technical, Clerical
and Public Works Personnel".
Each year, no later than June 1, employees will meet with their supervisors to review
the eight criteria established by the "Performance Appraisal System" as the criteria related to
the employee's job. Other criteria may be substituted with the approval of the Town
Administrator.
At mid-year (January) the supervisor may appraise the employee's performance
against the agreed upon criteria and discuss the results with the employee.
Each June the supervisor shall conduct the annual review of performance in
accordance with the "Performance Appraisal System".
6.12-3 Performance Appraisal Review and Approval
Each employee shall have the opportunity to review their appraisal of performance
and so indicate by signing the appraisal form.
All appraisals of performance shall be reviewed by a level of authority one step
higher than the individual making the appraisal. Appraisal forms shall so indicate such
review.
6.12-4 New Employee Appraisal of Performance
The performance appraisal system shall, to the extent applicable, be used in
appraising the performance of new employees prior to the expiration of the employee’s
probationary period, and shall become part of the evaluation process.