USA > Massachusetts > Essex County > Saugus > Town annual report of the officers and committees of the town of Scituate 1955-1957 > Part 40
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Section 5. CONFLICTING BY-LAWS.
All By-Laws or parts of By-Laws in conflict with this By-Law are hereby repealed.
Section 6. INVALIDITY.
If any section, subsection, sentence, clause, phrase, or figure of this By-Law is for any reason held to be unconstitutional or invalid, such decision and invalidity or voidance shall not affect the validity of the remaining portions of this By-Law. The Town Meeting hereby declares, that it would have passed this By-Law and each section, subsection, sentence, clause, phrase, or figure thereof even if it had known that any one or more sections, subsections, sentences, clauses, phrases, or figures shall be declared unconstitutional or void.
Section 7. BUDGETS.
Each Department Head shall include in the departmental budget a Pay Adjustment Section, to provide funds for anticipated pay adjustments during the year, expenditures to be made there- from only in accordance with the Salary Plan with the approval of the Personnel Board.
Section 8. CIVIL SERVICE.
Nothing in this By-Law shall be construed to conflict with Chapter 31 of the General Laws.
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Section 9. EFFECTIVE DATE.
Except as otherwise specified herein, this By-Law shall take effect January 1, 1956.
Section 10. AMENDMENT.
This By-Law may be amended by vote of the Town at any regular or special Town Meeting.
PART II - PERSONNEL BOARD
Section 11. THE PERSONNEL BOARD.
There shall be a Personnel Board serving without compensa- tion consisting of five (5) persons responsible for the administra- tion and maintenance of the Classification and Pay Plan. The membership of the Personnel Board shall be as follows: five (5) members to be appointed by the Moderator, two (2) to serve for one year, two (2) to serve for two (2) years, and one (1) to serve for three (3) years; at the expiration of each term of office, appoint- ments thereafter shall be for a three (3) year term. In the event of a vacancy occurring in the membership of the Personnel Board, the position shall be filled in the same manner as in the original method of selection and for the remainder of such unexpired term of office. The members of the Personnel Board shall not be employees or elected officials of the Town. The Board shall elect a chairman from its membership who shall have the power to call meetings and who shall preside over such meetings. Any three (3) members shall constitute a quorum for transaction of business. A majority vote of such a board shall prevail unless there be a bare quorum, in which event there must be a unanimous vote. The initial Board shall be appointed within fifteen (15) days of the adoption of this By-Law. Each term of office shall expire on April 1st, except that an incumbent shall continue to serve until his successor is appointed. Section 12. DUTIES OF PERSONNEL BOARD.
(a) Administration. The Personnel Board shall administer the Plan, establishing only such policies, procedures and regulations as may be consistent with the administration of the Plan.
(b) Job Descriptions. The Board shall maintain written de- scriptions of the jobs or positions in the Plan describing the essential characteristics, requirements and general duties. The descriptions shall not be interpreted as complete or limiting definitions and employees shall continue to perform any duties assigned by their Superiors.
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(c) Salary and Wage Review. The Board shall, from time to time, not to exceed three years, review the wage and salary sched- ules and the duties of all positions subject to the Plan. It shall keep informed as to pay rates and policies outside the service of the Town, and be in a position to recommend to the Town any action deemed desirable to maintain a fair and equitable pay level.
(d) Job Review. The Personnel Board shall review the work of all employees subject to the Plan at intervals of not more than three years. The Board upon presentation of substantiating data, may add a new position, tentatively, to the classification schedule, or reclassify an existing position to a different group, subject to the subsequent ratification of its action by formal amendment of this By-Law by vote of the Town at Town Meeting.
(e) Reports. The Personnel Board shall, when deemed neces- sary, in advance of each annual Town Meeting at which recommen- dations of the Board will be considered, prepare a printed report for the information of Town Meeting and town employees. The Personnel Board shall make an annual report in writing to the Board of Selectmen on or before January 15 of each year.
PART III - SALARY PLAN
Section 13. GENERAL.
(a) All present employees in the Classification Plan who are rendering satisfactory service in the opinion of their Department Head shall be compensated according to the official Pay Plan.
(b) No pay shall be reduced as a result of the installation of this Plan. Any existing rates above the maximum shall become Personal Rates and apply to the present incumbent. Such rates are not subject to automatic changes until such time as these rates con- form to the Pay Plan or until such time as the position is vacated. When the incumbent leaves the employ of the Town, or is trans- ferred to another job, the rate shall disappear. No other employee assigned to, or hired, for the job shall advance beyond the maxi- mum of the job.
(c) Employees in the continuous full-time service of the Town, who have a satisfactory performance record, shall be eligible for an advance of one step-rate per year (the year to be counted from the date of the latest increase), but not more, until the maximum for their job is reached, subject to the approval of their Department
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Head and the Personnel Board. Any employee denied such an increase has the right of appeal to the Personnel Board, which will confer with both the employee and the Department Head. All ad- justments shall be approved in advance by the Personnel Board.
(d) Progressions through the rate ranges are not mandatory and shall be on the basis of merit and ability on recommendation of the Department Head.
(e) When an employee is promoted to a higher rated job, he shall enter at the minimum of the job rate range or at his own rate, whichever is the higher. He may also receive a one step-rate increase at the time, if the Department Head feels that qualifications and performance warrant it, and the Personnel Board approves.
(f) The Personnel Board shall be notified of all requisitions for persons to fill positions or perform duties subject to the Classi- fication Plan and shall advise upon the appropriate classification to which such persons shall be assigned.
(g) The hiring rate shall be the minimum of the rate range of the job for which the new employee is hired, unless otherwise authorized by the Personnel Board. The first six months of employ- ment shall be a probationary period, at the end of which the Depart- ment Head may decide whether his performance warrants con- tinued employment.
(h) The Personnel Board shall have the right to establish the salary schedule which shall be paid in a new position title neces- sary to the conduct of the business of the Town.
(i) The official Pay Plan, when established by the vote of the Town, shall consist of:
1. Minimium and maximum salaries to be paid for each posi- tion included in the Classification Plan, and
2. Designated step-rate increases for such salary ranges as shall, from time to time, be established by vote of the Town.
Section 14. VACATIONS.
To establish a uniform vacation policy throughout the Town, the following annual vacations with pay will be granted after the following periods of full-time continuous employment: 1 week after 6 months; 2 weeks after 1 year: 3 weeks after 10 years: and 4 weeks after 20 years.
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In the case of nurses and the Library staff, the Personnel Board may establish a vacation program in accordance with the general custom of such professional groups. Details of vacation practices for the several departments shall be worked out under the direction of the Personnel Board.
Vacations with pay shall not be granted to temporary em- ployees. Vacations shall not be cumulative from year to year. No additional vacation shall be allowed because of a holiday in the vacation period.
Section 15. PAID HOLIDAYS.
Regular employees shall be paid for each of the following holidays which fall on or are observed on a regularly scheduled work day:
New Year's Day Washington's Birthday
Patriot's Day Decoration Day
Independence Day Labor Day Columbus Day Thanksgiving Day
Veteran's Day Christmas Day
Regular employees of the Police and Fire Departments other than the Chiefs thereof required to work on any of the above speci- fied holidays shall be paid on the basis of straight time in addition to the regular pay for that day, or, in the discretion of the Chief, may be given equivalent time off.
Section 16. OVERTIME.
a. No overtime shall be paid to the following, even though the positions may be referred to below:
Department Heads
Professional Employees Custodians
Others by agreement when hired.
b. The rates paid for overtime work shall be one and one-half times the normal rate. Work performed on a paid holiday by regu- lar employees (as stated in Section 15) occurring during the regular work week, Monday through Friday, inclusive, shall be paid for on the basis of straight time in addition to the regular pay for that day as authorized under Section 15.
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c. Office workers - Overtime at the rate of time and one-half shall be paid for all hours worked in excess of 33 hours in any one week but only if 36 hours or more of work during that week has been performed. Overtime work totaling less than 3 hours per week will not be compensated.
d. Police - Overtime at the rate of straight time less any fees collected shall be paid for all time worked in excess of 8 hours in any one day, but only if 9 hours or more of work during that day has been performed. Overtime work totaling less than 1 hour per day will not be compensated. Work performed on a scheduled day off or during vacation shall be paid on the basis of straight time, less any fees collected in addition to any regular pay applicable to that day, or in the discretion of the Chief, the employee may be given equivalent time off. Appearances in court by police officers shall not be considered as overtime.
e. Fire - Overtime at the rate of straight time shall be paid for all time worked in excess of 56 hours in any one week but only if 57 hours or more of work during that week has been performed. Overtime work totaling less than 1 hour per week will not be com- pensated. Overtime for firemen called in on off duty hours shall be paid at the rate of straight time, or in the discretion of the Chief, the employee may be given equivalent time off.
f. Other - if any employee holding two or more paid jobs in the service of the Town accrues overtime, the Department Head shall refer to the Personnel Board the determination of the fair normal time content of each job, and to the extent that each em- ployee works daily or weekly in excess of that time, he shall be paid overtime at the rate of time and one-half.
g. There shall be no pyramiding of overtime.
h. Overtime - definition. To qualify for payment at overtime rates, overtime work must be performed in accordance with all of the following conditions:
1. The work must be required to be performed in addition to the regular work week.
2. The work must be of an emergency nature.
3. The necessity for the work cannot be foreseen or antici- pated.
4. The work cannot be performed during the regular work- ing period of the Department.
Work which is repetitive, which can be scheduled in ad- vance of its performance and which can be performed
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during the regular working period of the Department must be scheduled so that it is performed during such regular working period of the Department.
Section 17. SICK LEAVE.
No sick leave with pay shall be granted during the first 3 months of employment. After 3 months employment and up to 1 year, any employee absent because of his own sickness shall be entitled to sick leave with pay for time absent not in excess of 6 work days. After 1 year of employment the period in any year for which employees shall be paid while absent because of personal sickness shall be 12 work days, plus the amount of any accrued and unused sick leave in previous years, not in excess of a total, how- ever, of 90 work days. Loss of time directly attributable to injury incurred while performing assigned duties shall not be charged to sick leave.
Section 18. JURY DUTY.
An employee called for jury duty shall be paid by the Town an amount equal to the difference between the compensation paid for a normal working period and the amount paid by the Court, ex- cluding allowance for travel and this will be certified to by the Town Accountant upon presentation of the check for moneys re- ceived for Jury Duty. 1956, Article 3 1957, Article 4
AMENDMENT
Section 1. These By-Laws may be amended at any annual town meeting, articles for that purpose having been inserted in the town warrant.
PART II
Certain Legislative Acts and Statutory Provisions Which Have Been Accepted by the Town Since 1900
1902 Special Meeting, Article 13, Revised Laws, Chapter 11, Relative to the Board of Health.
1903 Article 22, R. L. Ch. 11, Sections 364, 365 (Use of official ballots).
1908 Special Meeting, January 4, 1908, Article 4, Revised Laws, Chapter 11, Section 339. (3 year terms for Selectmen, etc.).
1910 Annual Meeting, Article 35, Revised Laws, Chapter 103, Plumbing.
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TOWN COUNSEL'S REPORT
1912. Acts of 1912, Pensions. See Annual Report, page 92.
1914. Town Meeting, Article 1, Acts of 1913, Chapter 487, Pro- motion of Call Firemen; Acts of 1913, Chapter 807, Com- pensation for Injuries to Municipal Employees; Article 35, Voted that the Town adopt the so-called Betterment Act, R. L., Ch. 50, Sections 1-22.
Special Meeting, Article 2, Ch. 548 of Acts of 1914, Public Landing and Wharf.
1915 Referendum on Vacations. See Town Clerk's Report.
1916 Annual Town Meeting, Article 40, Acts of 1909, Chap. 423, Sale of ice cream, confectionery, soda water, and fruit on the Lord's Day - Licenses for, etc.
Special Meeting, January 19, 1916, Acts of 1915, Ch. 284 (General Laws, Ch. 39, 23); election of officers.
1920 Special Town Meeting, December 16, Article 3, Acts 1920, Chap. 585, Sections 1-6, Act for the Protection of the Shores of Scituate.
1922 Annual Town Meeting, Article 33, General Laws, Chap. 136, Sections 21-28, Games on the Lord's Day, permitted.
1923 Annual Town Meeting, Article 77, General Laws, Chap. 41, Section 97, Police Department. (Superseded 1951, Article 42).
1924 Annual Town Meeting, Article 43, General Laws, Chap 41, Section 55, Town Accountant.
1926 Annual Town Meeting, Article 48, The Tax Collector's term of office shall be three years, as provided in Chapter 66, Acts of 1923.
1929 Annual Town Meeting, Article 54, Acts of 1928, amending Chap. 32, Section 89, Aid for firemen and police and their dependents.
Special Town Meeting, Article 23, Acts of 1928, Chap. 406, Sunday Sports (General Laws, Ch. 136, Sec. 21-25).
Special Town Meeting, Article 25, Town Clerk and Town Treasurer, each to be chosen for three-year term as provided in Acts of 1923, Chapter 66.
1930 Annual Meeting, Article 29, General Laws, Ch. 48, Sec. 42, Appointment of Fire Chief.
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TOWN COUNSEL'S REPORT
1931 Special Meeting, August 9, 1931, Article 6 (page 223), Voted to accept Section 38A, Chapter 41, General Laws as to Town Collector (see Part I, By-Laws).
1933 Annual Meeting, March 6, 1933, Article 27 (page 227), Voted to accept provisions of General Laws (Ter. Ed.) Chap- ter 148, Section 56, relative to the licensing of open-air park- ing spaces.
1934 Annual Meeting, March 5, 1934, Article 38 (page 230), Voted to accept General Laws, Chapter 31, Section 48, plac- ing the police department under civil service laws; Article 39, Voted to accept provision of G.L. Ch. 31 s. 49, placing chief of police under civil service laws; Article 49 (page 232), Voted to accept section 6B, Chapter. 40 of the General Laws (Ter. Ed.) as follows:
Section 6B - "A city or town which accepts this section may appropriate money for the purchase of uniforms for members of its police and fire departments."
1935 Annual Meeting, March 4, Article 20 (page 74), Voted to accept the provisions of Sections 42A, B, C, D, E, and F of Chapter 40, of General Laws, providing that water rates shall be a lien on real estate.
1937 Annual Meeting, Article 41, Fire Department placed under Civil Service, General Laws, Ch. 31, Sec. 48.
Special Town Meeting, Sept. 27, Article 1, acceptance of Ch. 103A of G.L. 54.
1939 Special Town Meeting, July 31, Article 8, Tree Warden, 3- year term; acceptance Ch. 3, Acts of 1939.
1943 Annual Meeting, Article 31, To accept provisions of Chapter 48, Section 42 of the General Laws; Selectmen to appoint Chief of Fire Department and Abolition of Board of Fire Engineers; Article 32, Bicycle Law, to accept Sec. 11A of Ch. 85, Gen. Laws.
1945 Annual Meeting, Article 22, To accept Section 16B of Chap- ter 147, General Laws, Police off duty one day in six.
1946 Article 28, Acceptance of Sections 81A to J of Chapter 41 of the General Laws establishing a Planning Board for the Town; Article 36, Acceptance of Chapter 723 of the Acts of 1945 creating a department for advising, etc. veterans.
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TOWN COUNSEL'S REPORT
1947 Article 27, Acceptance of General Laws, Ch. 41, Sec. 100A, authorizing indemnification of police and fire officers for cer- tain damages; Article 34, Acceptance of G.L. 48, Sec. 58A establishing permanent members of the fire department.
1948 Article 35, Sec. 110A of G.L. Ch. 41 authorizing the closing of public offices on Saturdays; Article 36, Sec. 4B of Ch. 207 of the Acts of 1946 relating to the operation of Bowling Alleys on the Lord's Day.
1949
Article 38, C. 529 of the Acts of 1949, Wire Inspector.
1951 Article 42, G.L., C. 41, Sec. 97A, Police Department under supervision of Chief of Police.
1952 Article 59, Chapter 781 of Acts of 1951, Increase in certain pensions.
1953 Article 61, Chapter 624 of Acts of 1952, Increase in certain pensions.
1954 Article 52, G.L., C. 152, Sec. 69 as amended, Workmen's Compensation for Town employees; Article 58, G.L., C. 147, Sec. 16C, 5 day week for Police.
1955 Article 61, Chapter 670 of Acts of 1955. Pensions.
1957 Referendum. G.L., C. 32B. Town Employees' Contributory Group Insurance.
Regulations Promulgated by the Selectmen Pursuant to G. L., C. 101, Section 22
No Hawker or Peddler shall sell, or offer for sale any ice cream or pop corn in the Town of Scituate on Sundays.
No Hawker or Peddler shall sell, or offer for sale any ice cream or pop corn in the Town of Scituate weekdays except in the business section or B Zone of the Town as established by the Town's Zoning Laws.
No Hawker or Peddler shall ring a bell, blow a horn, or make any noise or outcry to attract attention to himself or his wares.
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WIRE INSPECTOR'S REPORT
REPORT OF THE WIRE INSPECTOR
January 15, 1958
Board of Selectmen Scituate, Massachusetts
Gentlemen:
During the year 1957 permits were issued as follows: Electrical wiring, 589; Approval certificates to the Brockton Edison Company, 361; to the Plymouth County Electric Company, 28.
Fees collected and credited to the Town amounted to $948.00.
"National Electrical Week" as sponsored by the International Inspectors Association and with the co-operation of Fire Chief, Bartholomew Curran, was observed during the week ending Febru- ary 16th, with prizes given to the best essays on, "Electricity", as submitted by sixth grade school pupils.
A similar program is being arranged for the week ending Feb- ruary 15, 1958.
I wish to thank the Electrical Contractors and Building Con- tractors for their support in maintaining safe and adequate elec- trical wiring in the Town.
Electrical permits as issued during 1957 are classified as follows:
New Houses (Domestic)
95
Old Houses Wired
Additional Wiring
153
Remodel Service
73
Change from 2 to 3 Wires
43
Houses Rewired
7
Electric Ranges
100
Electric Water Heaters
81
Oil Burners 144
Refrigerators
96
Electric Dryers
75
Clothes Washers
34
Dish Washers
15
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TOWN TREASURER'S REPORT
Disposals 2
Motors, total HP
27
Temporary Services
38
Relocating Appliances
5
Air Conditioning
6
Gas Burner Controls
21
New Buildings (Commercial)
4
Respectfully submitted,
JOHN H. REMICK,
Wiring Inspector.
REPORT OF THE TOWN TREASURER
Report of the Town Treasurer for the year ending Decem- ber 31, 1957:
Receipts
Receipts for the year 1957
$3,579,142.57
Cash on hand January 1, 1957 852,293.52
$4,431,436.09
Expenditures
As per warrants of Selectmen
$4,122,015.79
Balance on hand December 31, 1957 309,420.30
$4,431,436.09
Respectfully submitted,
PAUL A. REYNOLDS,
Treasurer.
January 23, 1958
141
PLUMBING INSPECTOR'S REPORT
REPORT OF THE INSPECTOR OF PLUMBING and SANITARY AGENT
Board of Health Town of Scituate, Massachusetts
Gentlemen:
Your plumbing inspectors have approved all plumbing after a water test for which permits have been issued.
As your Sanitary Agent I have attended to all complaints which have come to my attention as well as seeking and trying to remedy any conditions which might become detrimental to the health of the citizens.
After consultation with the Town Engineer, I have approved all subdivision drainage systems to try to make these areas properly drained of surface water so that the lots will be suitable for the disposal of sewage underground. Our system of storm drains in many places is inadequate to take care of the water coming from the streets in the new developments, but the road surveyor is doing his best to remedy the situation with the funds which are made available for this purpose.
Under the direction of a committee selected from the State Board of Health, the Reclamation Board and the Department of Public Works a study was made to control the midge nuisance at Musquashicut Pond. The committee's recommendation was that a channel be opened up from a point westerly of Gannett Road through a new bridge and control dam at Hatherly Road. This would raise the salinity of the water in the pond which would make it impossible for the midge to breed. The work was completed and the operation of the gates turned over to the Town on Septem- ber Ist. If this method of eradication proves a success it will be of great benefit to those living within the area and save much money as the Town has spent thousands of dollars on insecticides and other ineffective measures in the past. i
This year the legislature passed "House Bill No. 2822" which would allow the Town to borrow $1,125,000.00 for the start of a system of sewerage and to set up a Board of Commissioners to ad-
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PLUMBING INSPECTOR'S REPORT
minister the Department. While the Town is considered to be in good financial position, on account of the large expenditures for schools and other public improvements, no appropriation is called for this year, but the construction of this utility must be considered in the near future.
Respectfully submitted, PHILIP S. BAILEY, Plumbing Inspector and Sanitary Agent.
EDWARD B. MCCARTHY, Associate Inspector.
143
PLANNING BOARD REPORT
REPORT OF THE PLANNING BOARD
The Board of Selectmen Scituate, Massachusetts
Gentlemen:
During 1957 The Planning Board approved new subdivisions totaling 81 house lots. This is 21 more than in the previous year, and in addition a number of new house lots were created under circumstances not requiring Board action. It is significant that developers are preparing for the next upsurge in Scituate's popu- lation during a year when new home sales have been slow.
During 1957 also The Planning Board held its first hearings under the new Section 3-7 of the Zoning By-Laws covering Site Plan Approval of new construction in business zones. The Board feels that this section has already proved its worth in requiring public discussion of design of parking spaces, driveways, etc., before actual construction.
At the 1957 Town Meeting the Board sponsored four articles which were passed by the Town. These provided for (1) acquisi- tion of land for the Town Office Building, Police Station, and Fire Station, future schools, and athletic fields; (2) appropriation of funds for plans and specifications for the Office Building, Police and Fire Stations; (3) appropriation of funds for purchase of a tax billing and accounting machine; and (4) appropriation of $5,000 to match a like amount of Federal funds for a two year program of professional studies.
The first portion of these studies is complete - an entirely independent study of the present school plant together with detailed recommendations as to the size, location, and time of construction of the additional schools the Town will require. The recommenda- tions include specific sites for future schools with the thought that the Town should acquire the land in the near future before it is put to other use.
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