USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1959-1963 > Part 33
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SECTION 4. Fringe Benefits
Vacation Provisions: Vacation leave shall be granted to full- time permanent employees subject to the following provision:
(a) Employees who have been employed in the aggregate for less than 12 months but more than six months as of June 1st of the current year, shall be granted 5 days vacation with full pay.
(b) Employees who have been employed in the aggregate for less than ten years but more than one year as of June 1st of the current year, shall be granted 10 days vacation with full pay.
(c) Employees who have been employed in the aggregate for more than ten years as of June 1st of the current year, shall be granted 15 days vacation with full pay.
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(d) Policemen and Firemen are not subject to (b) and (c) above, because a separate vacation plan was established by a refer- endum vote of the townspeople in the year 1959 and is as follows:
As of June 1st-6 mos. service 5 days
As of June 1st-1 year's service 10 days
As of June 1st-5 years' service 15 days
As of June 1st-10 years' service 20 days
(e) Vacation leave with pay shall not be granted to temporary employees.
(f) Vacations shall be granted by the Department Heads at such times as, in their opinion, will cause the least interference with the performance of the regular work of the departments. Vacations must be taken in the year in which they are due, and shall not accumulate from year to year.
(g) In the event of termination of employment which is caused through no fault of the employee, provided the employee has been in the continuous full time service of the town for at least one year; or by reason of retirement; the employee shall be paid, or entitled to time off with pay, based on scale above, for each full month since the employee's preceding vacation. In the event of the death of an employee, any accrued vacation pay shall be paid to his estate.
(h) Department Heads shall identify all pay for vacations on the payroll in which such pay occurs.
(i) Employees who are eligible for vacation under these rules and whose services are terminated by entrance into the armed forces shall be paid an amount equal to the vacation allowance as earned and not granted, in the vacation year prior to such entrance into the armed forces.
(j) An employee shall be granted an additional day of vacation if while on vacation leave a designated holiday occurs which fall on, or is legally observed on, Monday, Tuesday, Wednesday, Thursday, or Friday.
Holiday Pay: Regular full-time, permanent town employees shall be paid one day at regular straight-time pay, in accordance with present practice, for all designated holidays listed below which fall on, or are observed on, regularly schedule work days. In the case of the Police and Fire departments whose personnel are subject to duty seven days a week, those employees performing their official- duties on the holiday shall receive extra straight-time pay for the hours actually worked in addition to their regular pay.
Designated Holidays Shall be:
January 1 February 22 April 19 May 30 July 4
Labor Day October 12
November 11 Thanksgiving
Christmas - Dec. 25
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Sick Leave - Occupational: Each town employee who sustains injury or illness arising out of his employment in the Town service, shall be entitled to receive his full pay for the period of his incapa- city. If such period exceeds 30 days, continued payment beyond such period shall be subject to approval by the Personnel Board, which may require periodic written testimony supporting the claim of continued incapacity as a condition precedent to its approval.
Sick Leave - Non-Occupational: (a) Every employee occupying a full-time position subject to the classification and compensation plans or a part-time position in which the employee has worked a total of at least 30 weeks at the regular work week for his occupa- tional group shall be allowed by the head of his department sick leave with pay for a period of 15 days during each calendar year, provided said leave is caused by sickness or injury, exposure to contagious disease, or on account of serious illness or death of members of the employee's immediate family.
(b) Sick leave allowed under provisions of the preceding para- graphs shall be cumulative up to a total of: 30 days in the first five years of service
45 days from the sixth through the tenth year of service 60 days after the tenth year of service
(c) When absence by reason of sickness or injury is for a period of more than five days, the department head shall require said employee to file a certificate of disability, signed by a regularly licensed and practicing physician, before the employee shall be entitled to compensation as herein provided.
Overtime: (a) All town employees except department heads shall receive straight time compensation for all overtime worked.
(b) Overtime shall not be paid to department heads.
(c) Department heads shall approve and authorize all overtime requiring the service or services of town employees.
Jury Duty: While on jury duty an employee shall receive amount equal to the difference between his normal compensation and the amount, excluding travel allowances, received from the court.
Military Leave: (a) Full time employees of the town who are called for State or Federal military training forces shall be paid any difference in compensation between that drawn in a normal working period of two weeks in their regular town employment and the total compensation (excluding travel allowances) of the military duty.
(b) Such payment shall be limited to a period not to exceed two weeks in any calendar year and shall not include payment to members of the National Guard who may be mobilized during an emergency in the Commonwealth.
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(c) A military leave of absence without pay shall be granted to any town employee called to active duty with the State or Federal armed forces for purposes other than the routine annual tour of duty for training purposes, also seniority rights shall not be affected while this leave of absence is in effect.
Insurance: Hospital and sickness plan - Plan under Chapter 32B adopted by townspeople by vote at town meeting March 5, 1960, to be paid one-half by Town one-half by employee.
SECTION 5. Grievance Procedure
(a) All employees shall have the right to request an appoint- ment to confer with the Personnel Board on any matter which is of interest or concern to them and which is covered by the By-Law. In addition, to foster mutual understanding and good personnel prac- tices, the Personnel Board shall also function as personnel relations review board, and as such shall be empowered to adjust the griev- ances of all employees of the Town covered by the Plan; provided, however, that any such adjustment shall not involve the Town in any expenditure of money in excess of an available appropriation. When sitting as a Personnel Relations Review Board, the Personnel Board shall keep a separate record of its proceedings, which shall not be open to public inspection except as may otherwise be re- quired by State law. As used in this section, the word "Grievance" shall be construed to mean any dispute between an employee of the town and his appointing authority arising out of an exercise of ad- ministrative discretion by some such authority under the agreement between the employee and the Town, except a dispute concerning a change in one or more of the terms of such agreement, and except also a dispute which is, or under proper appeal would be, within the jurisdiction of the civil service commission or the contributory retirement appeal board.
As the first step, any employee who may feel aggrieved shall take up his grievance orally with his Department Head, for mutual clarification. The Department Head shall render his decision orally to the employee within 3 working days. If a satisfactory under- standing and solution of the problem has not been reached, the employee shall within 5 working days present his grievance in writing to his department head who shall add his comments and submit it to the authoritative Board or Commission where within 5 working days a hearing will be held, all concerned will be present together with the Chairman of the Personnel Relations Review Board. If not settled, all facts and records shall be referred to the Personnel Relations Review Board for adjudication. Within 20 working days of this hearing the decision shall be given to the employee through the Department Head in writing. There shall be no discrimination or prejudice by any Department Head against any employee who may take a matter to the Board.
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FORMS AND RECORDS
All printed forms and records necessary to carry out the provi- sions of this By-Law shall be established or approved by the Per- sonnel Board.
AMENDMENT OF THE PLAN
The Classification and Wage Plan may be amended in the same manner in which the town by-laws may be amended; provided, however, that no amendment to the Plan shall be made until it has been presented by signed petition addressed to and submitted to the Personnel Board, and acted upon by the Board. Upon receipt of such a written petition, the Board, after giving the petitioners, the heads of departments and employees affected at least three days' written notice, shall hold a hearing of the parties interested to con- sider the proposed amendment. If the Personnel Board shall dis- approve any such proposed amendment, and failure to act thereon within fifteen days after the hearing shall be deemed disapproval, the petition may then be presented to the town meeting for its con- sideration and action, if so desired. The Board of its own motion, after a similar hearing and/or conference with parties interested, may propose an amendment to the Plan.
SEPARABILITY PROVISION
In the event that any provision of this by-law, or application thereof, shall be held to be invalid by the proper authorities, this shall not be construed to affect the validity of any other provision, or application thereof, of this by-law.
Voted: To adopt Article 3B by voice majority. Move for re- consideration failed by a count of 140 yes, 140 no (187 required) 3/4/61
ART. 4- To see what sums of money the town will vote to raise and appropriate from available funds, or otherwise, for its neces- sary and expedient purposes hereinafter designated, and deter- mine that the same be expended only for such purposes under the direction of the respective officers, boards and committees as follows: (Refer to budget).
Voted: To raise and appropriate for the purposes of Article 4 as indicated in the Annual Budget that follows. Voted that all salaries and wages to be retroactive to January 1, 1961.
ANNUAL BUDGET
Raise and Appropriate
MODERATOR:
Salary $ 100.00
FINANCE COMMITTEE:
Expense
400.00
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SELECTMEN:
Salary and Wages
5,010.00
Expense 2,500.00
AUDITOR:
Salary and Wages
4,000.00
Expense
150.00
TREASURER:
Salary and Wages
4,970.00
Expense
1,250.00
COLLECTOR:
Salary and Wages
11,160.00
Expense
4,160.00
ASSESSORS:
Salary and Wages
8,710.00
Expense
944.00
TOWN CLERK:
Salary and Wages
5,000.00
Expense
900.00
ELECTIONS AND REGISTRATIONS:
Registrars - Salaries
2,750.00
Registrars - Operating
150.00
Registrars - Cap. Outlay
60.00
Election Officers - Salary
2,000.00
Election Officers - Expense
10.00
PLANNING BOARD:
Salaries and Wages
600.00
Expenses
1,500.00
Out of State Travel
100.00
TOWN HALL:
Salaries and Wages
4,120.00
Expenses
6,650.00
PERSONNEL BOARD:
Salaries and Wages
250.00
Expense
600.00-
POLICE DEPARTMENT:
Salaries and Wages
89,973.00
Expenses
7,500.00
Capital Outlay
4,500.00
FIRE DEPARTMENT:
Salaries and Wages
102,650.00
Expenses
8,800.00
Capital Outlay
5,600.00
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BUILDING INSPECTOR:
Salaries and Wages
500.00
500.00 insp.
Expenses
250.00
Mileage
200.00
BOARD OF APPEALS:
Salaries and Wages
350.00
Expenses
700.00
WIRE INSPECTOR:
Salary and Wages
800.00
Expense
50.00
SEALER OF WEIGHTS AND MEASURES:
Salaries and Wages
300.00
Expenses
50.00
MOTH CONTROL:
Salaries and Wages
2,870.61
DUTCH ELM CONTROL:
Salaries and Wages
3,099.21
Capital Outlay
200.00
TREE WARDEN:
Salaries and Wages
4,205.38
Expenses
2,459.00
Capital Outlay
965.00
DOG OFFICER:
Salaries and Wages
600.00
Expenses
700.00
CIVIL DEFENSE:
Salaries and Wages
350.00
Expenses
400.00
Capital Outlay
1,000.00
BOARD OF HEALTH:
Salaries
7,550.00
Expenses
6,100.00
Capital Outlay
900.00
Mosquito Control
5,000.00
Rubbish and Garbage
31,450.00
HIGHWAYS:
Salaries and Wages
21,500.00
Expenses
11,000.00
Snow and Ice Removal
12,000.00
Chapter 81
14,000.00
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WELFARE DEPARTMENT:
Salaries and Wages
9,865.00
Expenses
115,802.00
VETERANS' SERVICES:
Salaries and Wages
675.00
Expenses
10,075.00
Out of State Travel
30.00
PARKS:
Salaries and Wages
375.00
Expenses
175.00
LIBRARIES:
Salaries and Wages
2,870.00
Expenses
1,970.00
Capital Outlay
110.00
WATER DEPARTMENT:
Salaries and Wages
31,420.00
Expenses
22,575.00
Out of State Travel
100.00
MATURING DEBT AND INTEREST:
Maturing Debt
216,000.00
Interest - Maturing Debt
93,388.00
Interest - Temporary Loans
7,500.00
UNCLASSIFIED:
Cemeteries
800.00
Group Insurance
24,000.00
Street Lights
16,000.00
Stationery and Printing
3,500.00
Memorial Day
800.00
Town Boundaries
200.00
Blanket Insurance:
Raise and Appropriate
4,693.80
Transfer Insurance A/C $7,306.20
SCHOOL BUDGET REGULAR:
Administration
110 Salaries
29,850.00 : -
130 Other Expenses
3,005.00
Instruction
210 Salaries
794,093.00
220 Textbooks
20,700.00
230 Library and Audiovisual 6,505.00
240 Supplies
25,000.00
250 Other Expenses
8,435.00
Attendance Services
310 Salaries
400.00
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Health Services
410 Salaries
14,550.00
420 Other Expenses 1,050.00
Pupil Transportation Services
520 Contracted Services
81,855.00
Operation of Plant
610 Salaries
76,004.00
630 Heat
30,000.00
640 Utilities
23,880.00
650
Supplies
9,050.00
660
Other
150.00
Maintenance of Plant
710 Salaries
9,166.00
720 Contracted Services
12,350.00
730
Replacements of Equipment
3,650.00
740
Other Expenses
4,000.00
Food Services
none
Student Body Activities
1010 Salaries
6,518.00
1020 Other Expenses
7,118.00
Community Services
1160 Trans. Pupils - Non Public
13,290.00
Capital Outlay
1210 Sites
2,850.00
1220
Buildings
7,350.00
1230
Equipment
10,135.00
Out of State Travel
825.00
Vocational Schools
11,900.00
Stadium - Salaries and Wages Expenses
1,500.00
Capital Outlay
1,000.00
Adult Education
Salaries and Wages
5,270.00
Expenses
575.00
Capital Outlay
75.00
ART. 5- To determine what sum the town will authorize and direct the Assessors to take from available funds to reduce the tax levy for the current year, or take any action relative thereto.
Voted: To indefinitely postpone Article 5.
ART. 6 - To see what sum of money the town will vote to raise and appropriate and/or transfer from Overlay Reserve for a reserve fund, pursuant to the provisions of Chapter 40, Section 6.
Voted: To raise and appropriate $30,000.00 for the purpose of Article 6.
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900.00
ART. 7- To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1961, and to issue a note or notes therefor, payable within one year, and to renew any note or notes as may be given for a period of less than one year in ac- cordance with Section 17, Chapter 44, of the General Laws.
Voted: To authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1961, and to issue a note or notes therefor, payable within one year, and to renew any note or notes as may be given for a period of less than one year in accordance with Section 17, Chapter 44 of the General Laws. (Vote was recorded as a voice majority, no dissents.)
ART. 8- To see if the town will authorize the Selectmen to insti- tute suits on behalf of the town or defend any suits that are, or may be brought against the town, and to sign any contracts or agreements in behalf of the town.
Voted: To authorize Selectmen to act for purposes of Article 8.
ART. 9. - To see if the Town will vote to authorize the Board of Selectmen and the Treasurer to foreclose, either through the land court or by affidavit of the Commissioner of Corporations and Taxation, any tax title held by the Town for more than two years, and see what sum of money the Town will vote to raise and appropriate therefor.
Voted: To authorize, without funds, the Purpose of Article 9.
ART. 10- To see if the Town will vote to authorize the Selectmen to sell, after first giving notice of the time and place of sale by posting such notice of sale in some convenient and public place in the Town at least fourteen days before the sale, property taken by the Town under tax title procedure, provided that the Selectmen or whomsover they may authorize to hold such public auction may reject any bid which they deem inadequate, or take any action relative thereto.
Voted: As amended, to authorize the Selectmen for the pur- poses of Article 10, with the amendment that such notice shall also be placed in local papers not less than three (3) consecutive weekly publications prior to sale.
ART. 11- To see if the Town will vote the money arising from licensing dogs for the ensuing year to aid in support of the Public Library.
Voted: To adopt Article 11:
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ART. 12- To see if the Town will vote to transfer the following unexpended balances to E and D or take any action in relation thereto.
Pine Street Drain $ 339.96
Water Well - 1959 8,175.11
Well Field Survey 1,679.14
Shawsheen Water Main 2,630.29
East St. Water Main
33.96
Kernwood Ave. Water Main 199.67
Longmeadow Road Water Main 1,897.00
Town Hall Sewerage System 420.00
Real Estate Valuation Book 1,654.75
Engineer Services - Planning Board 1,000.00
Voted: As amended - To transfer the following unexpended balances to E and D as follows:
1. Shawsheen Water Main $2,630.29
2. Kernwood Ave. Water Main 199.67
3. Town Hall Sewerage System 420.00
4. Real Estate Valuation Book 1,654.75
5. Main St. Traffic Light 1,841.75
6. Sidewalk Resurfacing 3,283.48
and to delete the items of $33.96 - $8,175.11 - $1,679.14 - $33.96 - $1,897.00 - $1,000.00.
ART. 13- To see if the Town will vote to raise and appropriate the sum of $300.00 in support of the trustees for county aid to agriculture to be expended by 4-H club agent, home demonstra- tion agent and club leader in conjunction with the extension service and the town director. Board of Selectmen.
Voted: To raise and appropriate $300.00 for the purposes of Article 13.
ART. 14- To see if the Town will vote to raise and appropriate sums of money as follows for the purpose of providing suitable quarters for local veterans' organizations, under the provisions of Section 9 of Chapter 40 of the General Laws. Veterans of Foreign Wars Post 8164 $600.00
Amvets Post 156 $600.00
DAV Chapter 110 $600.00
Post Comanders.
Voted as amended: To transfer from E & D $1,800.00, for the purposes of Article 14, by a vote of 223 yes, 15 no.
ART 15 - To see what sum of money the Town will vote to transfer from E & D to the Stabilization Fund under the provisions of Chapter 40, Section 5B of the General Laws.
Board of Selectmen. Voted: To indefinitely postpone Article 15.
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ART. 16- To see if the Town will vote to raise and appropriate the sum of $1,000.00 to purchase and install safety signs and markers.
Board of Selectmen
Voted: To raise and appropriate $500.00 for the purpose of Article 16.
ART. 17- To see if the Town will vote to raise and appropriate the sum of $400.00 for the purpose of printing copies of the present By-Laws, Building Laws, Plumbing Laws, Rules and Regulations of the various town departments, including all revisions and amendments made up to and including the 1961 annual town meeting. Board of Selectmen.
Voted: To raise and appropriate the sum of $400.00 for the purpose of Article 17.
ART. 18- To see if the Town will vote to raise and appropriate the sum of $800.00 for the purpose of cooperating with the City of Lowell and adjoining towns in supporting mental health facilities and for providing necessary services, said sum to be expended under the direction of the Board of Health.
Board of Selectmen.
Voted: To transfer from E & D the sum of $800.00 for the purpose of Article 18.
ART. 19- To see if the Town will vote to adopt the following by-law: Article V Section 2. No contract by any town officer, board or committee, excepting the School Committee, involving the expenditure of $1,000.00 or more, shall be valid unless countersigned and approved by a majority of the Board of Select- men. A copy of every such contract shall be deposited with the Town Auditor prior to the commencement of any action there- on, and shall be made available for inspection by the public at reasonable times. Board of Selectmen.
Voted: To adopt the by-law in Article 19. Approved by the Attorney General April 27, 1961.
ART. 20. - To see if the Town will vote to adopt the following by-law: Article VI Section 9. The Board of Selectmen may require owners of land that has been excavated to erect barriers or take other suitable measures within five days after such owners have been notified in writing by the Selectmen that, in their opinion, such excavation constitutes a hazard to public safety. Any person violating such an order shall be subject to a fine of $100.00. Board of Selectmen.
Voted: To adopt the by-law in Article 20. Approved by the Attorney General April 27, 1961.
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ART. 21 - To see if the Town will vote to raise and appropriate the sum of $550.00 for the purpose of installing adequate street lighting in the vicinity of the various schools within the town. Board of Selectmen.
Voted: To raise and appropriate the sum of $550.00 for the purpose of Article 21.
ART. 22- To see if the Town will vote to accept the offer of Peter Zontanos to give to the Town of Tewksbury, a parcel of land owned by him consisting of 2,311 square feet at the junction of Main and State Streets for a consideration of the taxes due on this property and will authorize the Selectmen to accept this land on behalf of the town subject to the restriction that it be used only for a suitable municipal purpose and will raise and appropriate the sum of $68.80 presently due on said land.
Board of Selectmen.
Voted: To raise and appropriate $98.00 for the purpose of Article 22.
ART. 23 - To see if the Town will vote to raise and appropriate the sum of $1,203.14 for the purpose of paying the following un- paid bills of last year.
St. John's Hospital
155.52
Fearon Sign Service
8.25
Mclellan Oil Co. 228.35
Anthony Rocco
150.00
Bennett Hardware Co. 5.85
Tewksbury Paint & Hardware Co.
48.93
North Tewksbury Baptist Church
12.00
John Smith
12.00
St. Joseph's Hospital
69.00
Merrimack-Essex Elec. Co.
249.03
Sullivan's Garage
36.35
Socony Mobiloil Co. 227.86
Board of Selectmen.
Voted: To raise and appropriate $1,203.14, for the above Article 23, by a vote of 311 in favor and 0 opposed.
ART. 24- To see if the Town will vote to raise and appropriate the sum of $500.00 to purchase 100 folding steel chairs and lock carrier to hold same for use in the Town Hall, or take any other action relating thereto. Board of Selectmen.
Voted: To indefinitely postpone Article 24.
ART. 25 - To see if the Town will vote to raise and appropriate $1,000.00 for painting and repairs to the Town Hall, or take any other action relating thereto. Board of Selectmen. Voted: To indefinitely postpone Article 25.
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ART. 26 - To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $57,000.00; to be used in conjunction with the $17,000.00 voted at a Special Town Meeting, held on July 25, 1951, for the purpose of building a police station; to construct, erect and equip a Police Station and Garage, with proper facilities, on Main Street opposite the Water Department Building; and to authorize the Committee appointed under Article 4 of the Warrant for the Special Town Meeting of December 12, 1956, to employ professional con- sultants, expend such funds, call for bids, and to execute and sign all contracts, vouchers, and legal documents, incidental and necessary to carry out the purposes of this article, or take any action in relation thereto. Police Station Committee.
Voted: To transfer from E & D Account the sum of $57,000.00 for the purposes of Article 26, by a vote of 286 in favor, 133 opposed. Vote for reconsideration was lost.
ART. 27 - To see if the Town will vote to raise and appropriate the sum of $9,150.00 or any sum for the improvement of Shawsheen Street, said money to be used in conjunction with any money which may be allotted by the State or County, or both, for the purpose, or take any other action relative thereto and will fur- ther vote to transfer the sum of $27,450.00 from the E & D Account in anticipation of re-imbursement from the State or County for the work, or take any other action relative thereto.
Road Commissioners.
Voted: To raise and appropriate the sum of $9,150.00 and transfer from E & D Account the sum of $27,450.00 in anticipation of reimbursement, to carry out the purpose of Article 27.
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