Town of Chilmark

HUMAN RESOURCES PROCEDURES MANUAL (HRPM)

Section 1.0 General Provisions

Section 2.0 Recruitment and Hiring

Section 3.0 Initial Evaluation Period

Section 4.0 Classification and Compensation Plans

Section 5.0 Employee Development and Training

Section 6.0 Authorized Leaves

Section 7.0 Family and Medical Leave

Section 8.0 Civic Leave

Section 9.0 Holidays

Section 10.0 Travel Reimbursement

Section 11.0 Performance Evaluations

Section 12.0 Disciplinary Action

Section 13.0 Grievance Procedure

Section 14.0 Longevity

Section 15.0 Group Health and Life Insurance

Section 16.0 Retirement

Miscellaneous Chilmark Human Resources Policies

Appendix – Evaluation Form; Town Services Organization Chart

Section 1.1 Purpose

Discriminatory Harassment Policy

Introduction: It is the goal of the Town of Chilmark to promote a workplace that is free of discriminatory harassment (“harassment”) of any type, including sexual harassment. Discriminatory harassment consists of unwelcome conduct, whether verbal or physical, that is based on a characteristic protected by law, such as sex, race, color, national origin, religion, age, disability, or sexual orientation. The Town of Chilmark will not tolerate harassing conduct that affects employment conditions, that interferes unreasonably with an individual’s performance, or that creates an intimidating, hostile, or offensive work environment.

Harassment of employees occurring in the workplace, in conjunction with work-related travel, and/or work-related events will not be tolerated. Further, any retaliation against an individual who has complained about harassment or retaliation against an individual for cooperating with an investigation of a harassment complaint is similarly unlawful and will not be tolerated.

Because the Town of Chilmark takes allegations of harassment seriously, the Town will respond promptly to complaints of harassment. Where it is determined that inappropriate conduct has occurred, the Town will act promptly to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action where appropriate.

While this policy sets forth the Town’s goals of promoting a workplace that is free of harassment, the policy is not designed or intended to limit the Town’s authority to discipline or take remedial action for workplace conduct which it deems unacceptable, regardless of whether that conduct satisfies the definition of harassment.

Definitions:

  1. “Harassment” means unwelcome conduct, whether verbal or physical, that is based on a person or group protected by law. Harassment includes, but is not limited to:
  1. Display or circulation of written materials or pictures, that are degrading to a person or group protected by law as previously described.
  2. Verbal abuse, threats, slurs, derogatory comments, or insults about, directed at, or made in the presence of an individual or group protected by law as previously described; and
  3. Any direct or implied requests by a supervisor for favors in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increased benefits, or continued employment.
  1. “Sexual Harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
  1. Submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of an individual’s employment or is used as the basis for employment decisions affecting such individual; or
  2. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, humiliating or sexually offensive working environment.

Under these definitions, direct or implied requests by a supervisor for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increased benefits, or continued employment constitutes sexual harassment.

The definition of sexual harassment is broad. In addition to the above examples, other unwelcome sexually oriented conduct, whether intended or not, that has the effect of creating a work environment that is hostile, offensive, intimidating or humiliating to either male or female workers may also constitute sexual harassment.

While it is not possible to list all those additional circumstances that may constitute sexual harassment, the following are some examples of conduct, which, if unwelcome, may constitute sexual harassment depending upon the totality of the circumstances, including the severity of the conduct and its pervasiveness:

  • Unwelcome sexual advances – whether they involve physical touching or not;
  • Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life; comment on an individual’s body, comment about an individual’s sexual activity, deficiencies, or prowess;
  • Displaying sexually suggestive objects, pictures, cartoons;
  • Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments;
  • Inquiries into one’s sexual experiences; and,
  • Discussion of one’s sexual activities.

All employees should take special note that, as stated above, retaliation against an individual who has complained about sexual harassment, and retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is unlawful and will not be tolerated by the Town. In fact, such retaliation will usually result in termination.

Complaint Procedures: All employees, managers, and supervisors of the Town of Chilmark share responsibility for avoiding, discouraging and reporting any form of discriminatory harassment. The primary responsibility for ensuring proper investigation and resolution of harassment complaints rests with the Human Resources Board of Chilmark (HRBC) or its designee, who will administer the policy and procedures described herein.

If any Town employee believes that he or she has been subjected to discriminatory harassment, the employee has the right to file a complaint with the HRBC. In certain circumstances the Department Head may be involved as appropriate. This may be done in writing or orally. In addition, residents, visitors, applicants, vendors, contractors, their agents and employees, or other third parties who believe they have been subjected to discriminatory harassment may also file a complaint with the HRBC using the procedures described herein. Furthermore, employees may also file a complaint if they have been subjected to harassment from residents, visitors, applicants, vendors, contractors, their agents and employees, or any other third parties in the workplace, while performing work-related duties, or during other work-related activities.

Prompt reporting of harassment is in the best interest of the Town and is essential to a fair, timely, and thorough investigation. Accordingly, complaints should be filed as soon as possible following the incident(s) at issue. If you would like to file a complaint you may do so by contacting the Executive Secretary (who will transmit the complaint to the HRBC) or to the HRBC Chair directly. These persons are also available to discuss any concerns you may have and to provide information to you about our policy on harassment and our complaint process.

Complaint Investigation: When a complaint is filed with the HRBC it will promptly investigate the allegation in a fair and expeditious manner to determine whether there has been a violation of our policy. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. The investigation will include private interviews with the person filing the complaint and with witnesses. The HRBC Chair will also interview the person alleged to have committed harassment. The complainant, the person alleged to have committed harassment, and all Town employee-witnesses are required to fully cooperate with all aspects of the investigation. An employee does not have a right to have an attorney to be present during a complaint interrogation unless an employee is being questioned about criminal conduct. However, employees that are members of a collective bargaining unit have the right to the presence of a union “buddy” if they so request to assist them during any interrogation that a reasonable person would believe might result in discipline. (If an interrogation is scheduled in advance and the union sends an attorney as its representative, such attorney may be present in lieu of such union “buddy”.) When the HRBC has completed its investigation, they will, to the extent appropriate, inform the person filing the complaint and the person alleged to have committed the conduct of the results of that investigation.

Notwithstanding any provision of this policy, the HRBC reserves the right to investigate and take action on its own initiative in response to behavior and conduct which may constitute harassment or otherwise be inappropriate, regardless of whether an actual complaint has been filed.

Employees should be aware that all complaints will be investigated. It is not possible to ask that no action be taken once a complaint is made.

If it is determined that inappropriate conduct has occurred, the HRBC will make a recommendation to the Board of Selectmen, act promptly to eliminate the offending conduct, and where it is appropriate the Board of Selectmen or other appointing authority will also impose disciplinary action.

Disciplinary Action: If it is determined that inappropriate conduct has been committed by a Town employee, the Town will take such action as is appropriate under the circumstances. Such action may range from counseling to termination from employment, and may include such other forms of disciplinary action as it deems appropriate under the circumstances. In cases of retaliation, termination is usually the appropriate level of discipline.

State and Federal Remedies: In addition to the above, if the employee believes that he or she has been subjected to discriminatory harassment of any type, including sexual harassment, the employee may file a formal complaint with either or both of the government agencies set forth below. Using the Town’s complaint process does not prohibit the employee from filing a complaint with these agencies. Each of the agencies requires that claims be filed within 300 days from the alleged incident or when the complainant became aware of the incident.

The United States Equal Employment Opportunity Commission (“EEOC”)

One Congress Street, 10th Floor

Boston, MA. 02114

(617) 565-3200

The Massachusetts Commission Against Discrimination (“MCAD”)

Boston Office:

One Ashburton Place; Room 601

Boston, MA. 02108

(617) 727-3990

Springfield Office:

424 Dwight Street; Room 220

Springfield, MA. 01103

(413) 739-2145

Section 1.2 Application

All Town Departments and positions shall be subject to the provisions of thisBylaw and policies adopted pursuant to this Bylaw, except elected officers,employees of the School Department, Temporary employees and Seasonal employees.

Section 1.5 Human Resource Records

In coordination with the Executive Secretary, the Human Resources Board of Chilmark (HRBC) will help ensure records will be maintained relating to each employee's tenure of service, including but not limited to accepted offers of appointment, performance evaluations, letters of commendation received, training and certifications, and disciplinary action for each employee.

Any record containing personal medical information shall be retained in a separate confidential file, access to which shall be limited to those individuals who have a legitimate need for the information. Depending on the type of work and the type of illness or condition, such information may be disclosed to an employee’s supervisor and department head. No confidential information shall be released or disclosed to any third party without written authorization from the employee or pursuant to appropriate legal process.

Each Department Head shall work with the Town Accountant and Treasurer to maintain accurate attendance records for its employees at the Town Office, unless otherwise authorized by the Human Resources Board of Chilmark (HRBC). These records will include, as appropriate, the following: hours of regular pay; hours of overtime pay; hours of stand-by duty (on call), hours and type of paid leave, available and taken; and hours and type of authorized unpaid leave taken. The records will be submitted to the Executive Secretary, signed as necessary, with each payroll.

Section 2.0 Recruitment and Hiring

Overview of Process

The following shall apply to any employee hired to work for the Town of Chilmark. It should be noted that the elected Library Board of Trustees, Board of Assessors and Board of Health have separate statutory responsibilities and procedures that complement but not necessarily mirror this policy.

With the approval of the Human Resources Board of Chilmark (HRBC) and Appointing Authority, a Department Head seeking to fill a Year-round position shall prepare, in coordination with the Executive Secretary, a notice of vacancy based on the job description for the position. The notice shall include the job title, the initial rate of pay or pay range, a summary statement of duties, the minimum qualifications relating to education, skills, and/or experience, directions for submitting applications, and the deadline for receipt of applications. The deadline for receipt of applications will be no sooner than ten (10) days after posting. The notice shall be posted in the TownOfficeBuilding and at other locations as appropriate.

Job vacancies shall be posted and published in the Town’s journal of record and professional journals. Vacancies for seasonal positions may be advertised and posted but are not so required.

If the position being advertised is new or if existing job requirements have been altered to the extent that a new job description is required, the vacancy notice shall be posted after the job description has been promulgated by the HRBC and approved by the Appointing Authority, if at all possible.

All application forms of successful applicants shall be retained at Town Hall. The application form shall include a statement signed by the applicant certifying to the truthfulness and accuracy of all information provided on the forms.

The Appointing Authorities and/or its designee(s) will review applications from candidates and the results of employment interviews with them, and consistent with Section 1.1 of the Bylaw and with the procedures set forth in this manual, make their selection based on qualifications, including successful completion of any examination that measures ability to perform the essential functions of the job, receipt of satisfactory references from prior employers, supervisors or others who are familiar with the applicant's job performance, and all background checks as required by law.

At the conclusion of the recruitment and interviewing process the Department Head may extend a provisional offer of employment to the chosen candidate pending appointment by the Appointing Authority, in most case that is the Board of Selectmen. If a Department Head determines a new, Year-round Employee must begin working before he or she may be appointed by the Board of Selectmen, the employee shall be considered a Temporary Employee until formally appointed by the Board of Selectmen. The official hire date is the first day of employment as a Temporary Employee.

After a conditional offer of employment has been made, a pre-employment physical examination by a qualified physician of the employer's choice may be required. This is to insure that the employee is capable of performing the essential duties of the position, with or without reasonable accommodation. The report is to be made on a form to be provided by the Town of Chilmark, and the cost of the physical examination shall be paid by the Town.

Accepted offers of employment shall be confirmed in writing to the selected applicant and shall include the starting date and hours of work, initial salary or rate of pay, and exempt or non-exempt status. Such offers shall be placed in the employee's human resources file.

Procedures for the Recruitment and Hiring of Appointed Employee Department Heads

Job Descriptions

Wherever possible, before the recruitment process begins (that is, before a Vacancy Notice is posted or the vacancy advertised), an up-to-date job description specifying key duties and responsibilities and required knowledge, skills and abilities should be in place.

Since in most cases Department Head changes are anticipated well before they are announced, the departing employee’s Supervisor(s) (as per the Town Services Organization Chart) and a designated representative of the HRBC will have the time to prepare a revised job description, if necessary, for referral to the HRBC and Board of Selectmen for their consideration and approval.

In emergency situations where a job description needs updating but where the recruitment process must commence within days of receiving notice of the pending vacancy, the job description will be revised preliminarily by the Supervisor(s) and a designated representative of the HRBC and serve as a basis for the preparation of the Vacancy Notice and publication advertisement. While both the HRBC and Board of Selectmen or other Appointing Authority are required to approve any revised job description, it is understood that in these unusual circumstances said reviews should not interfere with the recruitment timing.

Initial/Final Candidate Review Team

The Initial Review Team usually shall consist of no more than three people, including the employee’s Supervisor(s) and another Town representative(s) designated by the Supervisor. A member of the HRBC shall serve as advisor to the Initial Review Team on human resource-related matters.

The Initial Review Team shall prepare a working timeline with all milestone or decision deadlines; maintain a log of all application inquiries and responses thereto; evaluate all completed applications and related materials. In addition, before recommending a list of candidate finalists to be interviewed by the Final Review Team, the Initial Review Team may conduct preliminary candidate interviews, either in person or by phone, check references and conduct background checks. Sufficient time and funds should be budgeted for negotiating compensation, possible relocation expenses and a start date that allows for overlap training time with the departingDepartment Head.

The Supervisor(s) may recommend a staff person to assist the Initial Review Team in the recruitment and hiring process.

Final Review Team

The Board of Selectmen shall serve as the Final Review Team and shall make the hiring decisions for the following appointed employee Department Heads and other key management positions: Building Inspector, Executive Secretary, Fire Chief, Harbormaster/Wharfinger, Police Chief, Tax Collector, Town Accountant, Town Clerk, Shellfish Constable/Propagation Agent and Superintendent of Streets. At its request, a member of the HRBC shall serve as an advisor to the Board of Selectmen on human resources-related issues and perform other duties as specified (e.g., background checks).