USA > Massachusetts > Essex County > Lynnfield > Town of Lynnfield, Essex County, Commonwealth of Massachusetts, annual report 1961-1970 > Part 91
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To see if the Town will vote to authorize and in- struct the Board of Selectmen TO ACQUIRE BY PURCHASE OR BY EMINENT DOMAIN for Con- servation or other Public Purposes certain lands or in- terests therein, adjoining that portion of Camp Curtis Guild which lies in Lynnfield, or what action it will take thereon.
ARTICLE 23.
To see if the Town will vote to raise and appro- priate, appropriate by transfer from available funds, or
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by borrowing, or from any or all of such sources, a sum of money to PAY FOR ACQUISITION OR TAKING OF LAND, or interest in land described in Article 22 of this Annual Town Meeting, or what action it will take thereon.
ARTICLE 24.
On motion of Mr. Maney, duly seconded, it was VOTED UNANIMOUSLY to approve the filing of a bill in the General Court of the Commonwealth au- thorizing and enabling the Town to acquire from the Commonwealth, or any agent thereof, a portion of the land of Camp Curtis Guild which lies within the bound- aries of the Town upon such terms and conditions as are approved by the Town at a special or regular Town Meeting.
ARTICLE 25
On motion of Mr. James Fletcher, duly seconded, it was VOTED to purchase or acquire by eminent do- main for the purpose of widening Chestnut Street the following land easements in land:
1. The fee in a parcel of land in Lynnfield supposed to be owned by Robert C. Rourke, located on the East- erly side of Chestnut Street, and shown as "Area of Taking = 3376 sq. ft. ±" on "Plan of Land showing Proposed Widening of Chestnut St. in Lynnfield, Mass." by Dana F. Perkins & Sons, Inc., Jan. 16, 1969; together with an easement for slopes in a par- cel of land supposed to be owned by Robert C. Rourke, said parcel adjoining the Easterly line of the aforementioned parcel in which the fee is hereby ac- quired and the easement for slopes hereby acquired consisting of the right to have the land of the location protected by having the surface of the adjoining land slope from the boundary of the location; the loca- tion, extent and width of the parcel in which the easement is acquired being shown on said plan as "5 ft. wide Slope Easement Area = 1,112 sq. ft. ±". 2. The fee in a parcel of land in Lynnfield supposed to be owned by Constantine C. & Bonnie J. Klapes, located on the Easterly side of Chestnut Street and shown as "Area of Taking = 758 ± sq. ft." on the aforementioned plan; or however the same may be more accurately described.
ARTICLE 26.
On motion of Mr. James Fletcher, duly seconded, it was VOTED to raise and appropriate the sum of $2,200. for the acquisition of the land described by Article 25.
ARTICLE 27.
During discussion on this article, a motion to adjourn was made, seconded and voted.
Adjourned Town Meeting Held Thursday,
March 20, 1969 In The Junior High School Auditorium
The meeting was called to order at 8:00 P.M. and non-voters were permitted to attend the meeting and
were seated on the stage.
On motion of Mr. Maney, Chairman of the Board of Selectmen, duly seconded, it was VOTED to adjourn to Monday, March 24, 1969 at 8:00 P.M. in the Junior High School auditorium and gymnasium if necessary, if the business of the meeting was not completed in this third session.
The first order of business was action on Article 27. ARTICLE 27.
On motion of Mr. Palizzolo, duly seconded, it was VOTED that the sum of $11,600.67 be raised and ap-
propriated for the widening of Chestnut Street. Of this sum $4,571.67 of Chapter 616 Funds from the Commonwealth of Massachusetts are to be used, and $7,029. is to be transferred from Available Surplus Funds.
ARTICLE 28.
On motion of Mr. Maney, duly seconded, it was VOTED UNANIMOUSLY to raise and appropriate the sum of $1,500. to be expended by the Board of Selectmen for the continuance of the control of algae, weeds and other acquatic nuisances in Pillings Pond. ARTICLE 29.
On motion of Mr. Gorshel, duly seconded, it was VOTED UNANIMOUSLY that the Town raise and appropriate the sum of $142.00 to reimburse the men of the Lynnfield Fire Department for the premium paid by them for weekly indemnity insurance, said reim- bursement to take place only if the Massachusetts Legis- lature acts favorably upon a bill to be placed before it that will allow the Town of Lynnfield to do so legally. ARTICLE 30.
On motion of Mr. Myles Burke, duly seconded, it was VOTED that the Town authorize and instruct the Board of Selectmen to appoint a committee to study the desirability, mechanics and economic feasi- bility of the Town providing housing for elderly per- sons of low income, said committee to report their find- ings to the Board of Selectmen on or before October 31, 1969.
ARTICLE 31.
On motion of Mr. Clyde Warburg, duly seconded, it was VOTED UNANIMOUSLY to INDEFINITELY POSTPONE action on this article. Following is the article:
"To see if the Town will vote to raise and appro- priate or appropriate by transfer from available funds in the Treasury, or both, a sum of money to be placed in the STABILIZATION FUND, or what action it will take thereon."
ARTICLE 32.
On motion of Mr. Peter Gorshel, duly seconded, it was VOTED that the Town amend Chapter 22 of its by-laws by deleting the present provisions thereof and by replacing the same with the following:
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CONSOLIDATED PERSONNEL BY-LAW
1. GENERAL
A. HOURS OF WORK
1. The work week for Town employees shall be forty hours or such lesser number as the department head, with the approval of the Board of Selectmen may establish.
2. Department heads may not receive overtime pay. Work in excess of 8 hours per day or 40 hours per week for other employees will be paid at the rate of time and one-half. Overtime may be worked only on au- thorization of the proper department head or other authority.
B. NOTIFICATION REQUIREMENT
From the date of the adoption of this by-law for- ward, all department heads hiring employees are re- quired to notify the Personnel Board, Town Clerk and Town Accountant of such employment, including whe- ther the employee is permanent, temporary, part-time or full-time.
C. DEFINITIONS
As used in this Chapter, the following words and phrases shall have the following meanings unless a dif- ferent construction is clearly required by the context or by the laws of the Commonwealth:
CIVIL SERVICE LAW - Chapter 31 of the General Laws of the Commonwealth, as said Chapter and said rules and regulations may be amended from time to time.
CONTINUOUS EMPLOYMENT - Employment uninterrupted except for required military service or other authorized leave of absence.
DEPARTMENT - Any department, board, commit- tee, commission, or other agency of the Town subject to this by-law.
DEPARTMENT HEAD - The officer, board, or other body having immediate supervision and control of a department; in the instance of a department serv- ing under the supervision and control of the Selectmen, the officer, board, or other body immediately respon- sible to the Board of Selectmen for the administration of the department.
EMERGENCY EMPLOYMENT or EMERGENCY APPOINTMENT - Employment or appointment made for a specified time without requisition, or without the prior consideration of the Personnel Board, to cover an unforeseen emergency; no such employment shall be for a period longer than three (3) consecutive calen- dar weeks. Nor shall any person be employed on an emergency basis more than twice in any calendar year except by specific written permission of the Personnel Board.
FULL-TIME EMPLOYMENT - Employment for not less than seven (7) hours per day for five (5) days a week for fifty-two (52) weeks per year, minus legal
holidays and authorized leaves of absence.
FULL-TIME EMPLOYEE - An employee engaged for full-time employment.
LEAVE OF ABSENCE WITH PAY - Any authoriz- ed leave with pay from scheduled work.
LEAVE OF ABSENCE WITHOUT PAY - Any authorized absence from scheduled work without pay.
PART-TIME EMPLOYEE - Any employee who is employed for less than full-time.
PART-TIME EMPLOYMENT - Any employment less than full-time employment.
PERMANENT EMPLOYEE - (1) Any employee retained on a continuing basis in a permanent position as defined below; (2) Any employee holding a perm- anent appointment under the Civil Service Law to a position deemed permanent within the meaning of said law.
PERMANENT POSITION - Any position in the town service which at the time of employment is in- tended by the Town to require the services of an em- ployee without interruption, for an indefinite period of time, which shall in no event be less than one (1) year, either on a full-time or part-time basis.
TEMPORARY EMPLOYEE - (1) An employee re- tained in a temporary position as defined below; (2) Any employee holding a temporary appointment under the Civil Service Law who does not also have perm- anent status thereunder.
TEMPORARY POSITION - Any position in the town service which at the time of employment is in- tended by the Town to require the services of an em- ployee for a fixed term of less than one (1) year.
TOWN - The Town of Lynnfield.
2. APPLICATION OF THIS BY-LAW
All town departments and all positions in the town service, (other than the School Department and the Police Department) shall be subject to the provisions of this by-law, provided that the provisions of Sections 10, 11, 12, 13 and 14 shall not apply to the Fire De- partment or its personnel.
Administration of the Consolidated Personnel By-Law shall be under the jurisdiction of the Personnel Board, and shall be implemented by the department heads in accordance with its terms.
3. PERSONNEL BOARD
The Personnel Board shall consist of five (5) mem- bers who shall be appointed by the Board of Selectmen and shall serve without pay; the original appointees shall be appointed for the following terms of office: two (2) for three (3) years, two (2) for two (2) years and one (1) for one (1) year. No regular employee or elected or appointed official of the Town shall be elig- ible for appointment to the Board. Except as provided in the next paragraph, the term of each appointee shall commence on the first day of April in each year
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and as the terms of the respective members expire, the Board of Selectmen shall make appointments to fill the vacancies. Except for the original appointees, all mem- bers shall be appointed for a term of three (3) years, provided, however, that no member may be appointed for more than two (2) successive terms.
If any member of the Personnel Board shall resign or otherwise vacate his office before the expiration of his term, the vacancy so created shall be filled in accord- ance with General Laws (Ter. Ed.) Chapter 41, Sec- tion 11. Each member of the Board shall serve until his successor has been appointed and qualified.
By May 15 of each year, the Personnel Board shall meet and organize and elect its own Chairman and Vice-Chairman and appoint a regular monthly meet- ing date and shall notify the Board of Selectmen, Town Accountant, and Town Clerk of the results of said elec- tion.
The Board shall be authorized to obtain the services of a Clerk, who shall keep a record of its official pro- ceedings and actions. The Board, subject to the appro- priation therefor, may make such expenditures as may be necessary or appropriate for the performance of its duties.
The Personnel Board shall meet regularly (once a month in at least ten (10) months of every year) for the transaction of business under this bylaw, and it shall hold such special meetings as may be called by the Chairman, or directed by vote of the Board.
A majority of the total membership of the Board shall constitute a quorum for the transaction of the business of the Board, and the vote of a majority of the members attending and voting shall be necessary for any official act of the Board.
The Selectmen shall furnish the Personnel Board with such office space as it may require for the performance of its duties and the storage of its property and records.
In addition to its responsibilities under Section 7 hereof, said Board shall serve in an advisory capacity to the Town in all matters relating to all salary, rate or classification changes for any employee or position, ex- cept those under the juridiction of the School Com- mittee. Such changes shall, prior to the effectuation thereof, be first referred to the Personnel Board and a recommendation shall be made by the Board, or if thirty (30) calendar days shall elapse from the date of submission and no report is made, as hereinafter pro- vided, it shall be deemed that the Board's recommen- dation is favorable to the proposed change. No action at any town meeting shall be taken in regard to the salary, rate, job classification, or other characteristic of employment for any position to which this bylaw applies unless the subject matter thereof has been con- sidered by the Personnel Board and its report with recommendations thereof has been submitted in writ-
ing to said meeting or unless at least thirty (30) days prior to the meeting at which the action is taken, the subject matter thereof was brought before the Person- nel Board and it submitted no such report and recom- mendations to said meeting.
The Board shall make a continuing analysis and evaluation of the jobs and positions of the Town.
The Board shall maintain a salary and rate struc- ture schedule for the Town and make recommendations for any changes which it deems necessary to maintain a pay scale representing satisfactory and proper re- muneration for work performed. Such recommenda- tions shall include rates, wages, salaries, fees and/or fringe benefits.
The Board shall maintain formal job descriptions for all positions derived from data furnished by de- partment heads and from all other sources, copies of which shall be available to all interested committees or boards and employees.
On or before September 1st of each year, the Per- sonnel Board shall submit in writing to all department heads its preliminary recommendations for the grade step schedule which shall have as their purpose to as- sist department heads in their preparation of their de- partment's budget, but the department heads shall not be bound by the said recommendations. Not later than November 1st of each year, the Personnel Board and the Finance Committee shall meet jointly to review the financial effects of the recommendations of the Board; in addition, at least one (1) other joint meeting shall be held in or before the succeeding March first of each year to review the recommendations of the Board and those of the Finance Committee.
The recommendations of the Personnel Board shall be published in the publication of the Finance Com- mittee's Recommendations to the Town Meeting con- cerning warrant articles. The Board's recommenda- tions pertaining to salaries, rates and the like shall be prepared in the format of a schedule or chart and the Finance Committee's recommendations pertaining to such matters shall be prepared and presented within the aforementioned format to afford the voter a simul- taneous comparison of all recommendations.
4. PERSONNEL RECORDS
An individual personnel file of all Town employees, both elected and appointed except employees of the School Department, shall be prepared and kept by the Town Cerk in his office. Said personnel file shal con- tain all the vital statistics and other pertinent data re- quired by the Personnel Board, including grievance pro- cedure data, of each and every such person. It shall be the duty of each Town officer and employee to furnish to the Town Clerk forthwith, upon request, all infor- mation needed for the completion of this file. Such files shall be available to the Personnel Board at all
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reasonable times, but such files shall not be public rec- ords.
5. GRIEVANCE PROCEDURE
It shall be the policy of the Town that there shall be a Grievance Procedure available for the use of its em- ployees. The purpose of the Grievance Procedure shall be to settle employee grievances as expeditiously and fairly as possible to insure efficiency and high employee morale. It shall be the responsibility of all parties to come to a quick and amicable solution; grievances shall be taken up at such times as to minimze loss of productive work.
The steps to be followed in all cases are as follows: STEP I ... Whenever an employee has a grievance re- lating to his employment, he shall put it in writing in triplicate, using the forms provided for the pur- pose and available at the office of the Town Clerk. He shall present one (1) copy to his superior, one (1) to the Clerk of the Personnel Board and keep one (1) for his own use. His superior shall attempt to resolve the grievance and shall complete in tripli- cate a form (available at the Town Clerk's office) showing his action relating to the grievance, giving one (1) to the employee, one (1) to the Clerk of the Personnel Board and keeping the remaining copy for his own use; this shall be done within five (5) work- ing days of the receipt of the grievance. If said grievance is not satisfactorily resolved, the employee may then take Step II.
STEP II. . . Where the superior is not the department head, the employee shall inform the department head of said grievance using a like form in triplicate and procedure prescribed in Step I. The department head shall attempt to resolve the grievance and shall com- plete in triplicate a form showing his action pertain- ing to said grievance and follow the procedure spe- cified in Step I for superiors. Where the department head is the only superior, this step may be elminated. If said grievance is not satisfactorily resolved here- under, the employee may then take Step III.
STEP III. . . The employee shall file a written statement of his grievance with the Personnel Board and re- quest an informal hearing before the same at its next regular meeting, or at a special meeting if the Board deems this advisable. The Board shall notify the ap- propriate department head and/or superior to be present at said hearing. All parties, including the Board, shall be entitled to be represented by a duly authorized representative. Within fifteen (15) days of the hearing, all parties shall be notified in writing of the decision of the Board, which decision shall be in writing and be final and binding upon all parties.
6. EMPLOYMENT, PROMOTION AND TRANS- FER OF CIVIL SERVICE PERSONNEL
Employment, promotion and transfer of employees
subject to the Civil Service Law shall be made known to the Personnel Board in order to keep the personnel files of the employees up to date.
7. EMPLOYMENT, PROMOTION AND TRANS- FER OF NON-CIVIL SERVICE PERSONNEL
The employment, promotion, and transfer of Town personnel not subject to the provisions of the Civil Ser- vice Law shall be regulated as follows:
a. The Town Clerk shall promptly notify the Per- sonnel Board when a person duly elected or appointed to a paid elective or appointive office of the Town has qualified to perform, and has entered upon, the duties of said office. Also, when he has resigned from or has otherwise vacated his office, the Town Clerk shall forth- with notify the Board.
b. Except for emergency employees and when not in conflict with the laws of the Commonwealth, no em- ployment in or transfer to a paid appointive position in the Town service shall take effect until the same has been presented by the appropriate department head to the Personnel Board for analysis for determination of compliance with the requirements of the classification plan, compensation plan and other provisions of this by law; and if such employment or transfer is in com- pliance as aforesaid, the Personnel Board shall approve the same in writing and may make such approval retro- active when necessary.
c. No proposed promotion to a position subject to this bylaw or raise in compensation shall be acted upon by the Personnel Board until it shall first have been submitted to the elected or appointed officer or Board having the supervision and control of the department in which the employee is employed.
8. SUBMISSION OF PROPOSED BUDGET TO PERSONNEL BOARD
Each department head shall include in the regular annual departmental budget a pay adjustment section, setting forth the name of each employee, any recom- mended change in step or grade, the reasons there- fore, and the amounts which he believes will be requir- ed for proposed pay adjustments in accordance with the resulting compensation scale during the ensuing year and he shall furnish a copy thereof to the Person- nel Board on or before October 1st of each year.
9. AMENDMENT TO THE CONSOLIDATED PERSONNEL BY-LAW
The Consolidated Personnel By-law may be amended in the same manner in which the Town by-laws may be amended; provided, however, that no amendment to the By-law shall be made until it has been presented by signed petition addressed to and submitted to the Per- sonnel Board. Upon receipt of such a written petition, the Board, after giving the petitioners, the heads of the departments and employees affected at least three (3) days' written notice, shall hold a hearing of the parties
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interested to consider the proposed amendment. If the Personnel Board shall fail to act on an amendment so presented within fifteen (15) days after the hearing thereon, the Personnel Board shall be deemed to have disapproved the amendment. The petition may then be presented to the town meeting for consideration and action, if so desired. The Personnel Board may of its own motion after a similar hearing of or conference with the parties interested propose an amendment to the By-law.
10. VACATION LEAVE FOR PERMANENT FULL-TIME EMPLOYEES
A. All such employees who have been employed for one (1) full year of continous full-time employment as of June 1st of any year, shall be entitled to ten (10) working days of vacation with pay. An employee who has worked less than one (1) year as of June 1st, will be entitled to one (1) day of vacation for each month worked, but not to exceed five (5) working days. Em- ployees with ten (10) years of continuous full-time em- employment shall be entitled to fifteen (15) working days of vacation with pay.
B. Vacation time accrued as of June 1st of each year shall be taken in the twelve (12) month period thereafter, and will not be carried beyond May 31st of the following year.
c. All vacations shall be scheduled by the depart- ment heads at such time as will best serve the public interest, but the employee shall also have the right to take his vacation between May 15th and September 15th of each year.
d. Preference of vacation periods shall be given on the basis of seniority whenever possible.
e. Upon the death of an employee, payment shall be made in an amount equal to the vacation allowance earned as of the preceding June 1st and not taken, and, a further allowance of one (1) day for each month ac- crued since June 1st.
The department head, with the approval of the Town Accountant, will authorize payment in the following order of precedence:
1. To the surviving beneficiary or beneficiaries, if any, lawfully designated under the Essex County Retirement System.
2. If there be no such designated beneficiary, to the estate of the deceased.
f. Persons who resign after giving two (2) week's notice, or whose services are terminated by dismissal except for cause, shall be paid for vacation time accrued as of date of resignation or dismissal. Persons who en- ter military service for a period of not less than six (6) months shall be paid for accrued vacation.
g. Persons who are dismissed for cause or who re- sign without two (2) weeks' notice will forfeit accrued vacation.
h. When a paid holiday occurs during an employee's vacation, he shall either receive holiday pay or shall be entitled to a day's vacation, at a time approved by the appropriate department head.
11. VACATION LE A V E FOR PERMANENT PART-TIME EMPLOYEES
Part-time permanent employees shall be entitled to vacation leave in the ratio that their part-time employ- ment bears to full-time employment.
12. VACATION LEAVE FOR TEMPORARY EM- PLOYEES
Vacation leave with pay shall not be granted to tem- porary employees who do not within a period of one (1) year become permanent full-time or part-time em- ployees.
13. SICK LEAVE
a. Persons employed on a permanent full-time basis after 120 calendar days will be allowed sick leave with pay on the basis of one (1) working day for each month of service. Sick leave not used in any year may be accumulated, not to exceed sixty (60) working days in the aggregate.
Persons employed on a permanent part-time basis after eighty (80) days actually worked shall be allowed sick leave with pay on the basis of one (1) part-time day for each twenty (20) days actually worked. Sick leave not used in any year may be accumulated not to exceed sixty (60) part-time working days in the ag- gregate.
b. Accrued sick leave will be determined from at- tendance records since January 1, 1957. Upon termina- tion of employment, employees shall not be entitled to any direct or indirect payment for unused sick leave.
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