HomeMy WebLinkAbout2009-07-21 Board of Selectmen PacketJuly 21 2009 - Woit kshor
Conference
Room
Approval of Special Beer license - Octoberfest
Personnel Policies
Presentation on FY 2010 Health Insurance
Appointment process
Review "Green Communities" program and technical
assistance
August 4, 2009
Office Hour
Ben Tafoya
6:30
Highlights
RCASA
7:30
Introduction - Terry Kennedy - Executive Director - ARC
7:50
Hearing
Personnel Policies
8:00
Up-date on Fall Street Faire
Decision on Special Licenses - Fall Faire
8:30
Hearing
Danis Package Liquor Store license
9:00
Discussion .
Revised Liquor Policy
Review/approval of installation of score-board at Morton
Field and future expansion to serve lighted softball field
Approve debt sale of July 28, 2009
August 18:2669 WORKSHOP:
Conference
Room
Preview STM warrant
Review Charter
September-1 , 2009
Office Hour
James Bonazoli
6:30
Highlights
Trails Committee
Update on Fall Street Faire
Review of Ipswich River Greenway project
Hearing
Parking regulations - Mt. Vernon Street
Hearing
Rescinding parking regulations on Birch Meadow Drive,
Hillside, Waverly
7/17/2009 Please note this is not the final version and is subject to change.
7/17/2009 Please note this is not the final version and is subject to change.
7/17/2009 Please note this is not the final version and is subject to change.
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Town of Reading
16 Lowell Street
Reading, MA 01867
Fax: (781) 942-9037
Website: www.readingma.ov
Finance Department
Human Resources Division
(781) 942-9033
DATE: July 17, 2009
TO: Board of Selectmen
FROM: Carol Roberts
RE: Proposed Changes to the Personnel Policies
Attached is a draft of the Personnel Polices with proposed changes. The proposed changes are
from various sources. A committee of employees reviewed the policies and proposed some of the
language changes. The Town Manager proposed a reduction in the number of sick days accrued
per year from 15 days to12 (Section 9.2) and to eliminate sick leave buyback for non-union
employees hired after August 31, 2009 (Section 9.3). Town Counsel recommended changes to
Section 7.2 - Harassment and Discrimination Prohibited. The changes to Section 9.9 - Family
and Medical Leave Act were due to changes in the federal law effective January 2009.
After receiving input from the Board of Selectmen, a draft of the Personnel Policies will be sent
to all non-union employees and union presidents for any input and then to Town Counsel for
review. In September we will schedule a public hearing for the Board of Selectmen to approve
the Personnel Policies.
zbl
14
TOWN OF READING, MASSACHUSETTS
PERSONNEL POLICIES
ARTICLE 1: AUTHORIZATION
The following policies are adopted by the Board of Selectmen pursuant to their authority
under Section 3-2 of the Reading Home Rule Charter, and under Article 4.7 of the Bylaws of the
Town of Reading.
ARTICLE 2: STATEMENT OF PERSONNEL PHILOSOPHY
The Town of Reading has as its goal the provision of excellent, cost effective and
efficient services in a manner that is honest, ethical and fair to residents and employees. Quality
of service and excellence in customer service are the Town's standards, and acting through the
Town Manager, the Town has the right and responsibility to plan, direct and control the Town's
business, operations and workforce to achieve these goals. In exercising these rights and
responsibilities, the Town has developed and adopted this Personnel Policy. This Personnel
Policy, and other rules and regulations that may be adopted from time to time and that are
available from the Town Manaper, are binding upon Town employees and the Town. These
Personnel Ppolicies do not constitute a contract and may be unilaterally modified by the Town
through a public hearing with the Board of Selectmen.
The purpose of this statement is to develop a personnel philosophy for employees of the
Town of Reading in order that the Town may strive to attain its goals.
o Town personnel will be hired on the basis of qualifications only.
o The Town will strive to pay salaries that are equitable in relation to the complexity and
responsibility of the work performed, and to maintain comparable pay for comparable work
within the Town workforce.
o The Town will strive to maintain a competitive position in the employment market and
thereby attract and retain competent employees.
The Town will strive to stimulate and reward high-level performance. The Town will provide
an orderly program of salary policy and control.
o Employees will receive a copy of the current job description and Personnel Policies when
they are hired. When such job descriptions and/or policies are developed, revised or adopted,
each affected employee will receive written notification.
♦ Employees will be encouraged to develop professionally to the extent of their interest and
capability and the needs of the Town. (See Section 9.17).
s Responsibility within a Department or Division will be delegated to the minimum level at
which the task can be accomplished.
♦ Current employees will be made aware of job openings. In-house promotion and/or transfer
will be considered where it would be of benefit to the employee and the Town and consistent
with Affirmative Action policies.
e Over-staffing will be avoided. Temporary peaks in workload will be filled, where possible,
with temporary help. Regular staff will be the minimum needed to meet normal work-loads.
All staffing is subject to availability of funds.
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♦ Employees are entitled to know what is expected of them in their job and to have their job
performance periodically evaluated by their supervisors. A personnel performance plan
based on a written job description will be developed with each employee.
♦ Where possible, or where desirable, staff will be shared between Departments and/or
Divisions to provide the most effective use of staff.
♦ Employees will be encouraged to learn as much as possible about the functions of their
Department or Division so that they may temporarily fill other positions as needed.
o Where possible, local residents will be hired for part-time and seasonal work with the Town.
♦ The Town and its employees will not discriminate in any way against employees or members
of the public on account of membership or non-membership in a union, on account of race,
political activity, religion, creed, color, national origin, gender, age, sexual orientation,
physical handicap or life-threatening illnesses.
o The Town will develop, implement and maintain a positive affirmative action program to
prevent discrimination, and the Town and all of its employees will carry out the policy.
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ARTICLE 3: DEFINITIONS
Section 3.1. Appointing Authority The position responsible under the Reading Home Rule
Charter for the hiring and firing of employees.
Section 3.2. Charter: The Town of Reading's Home Rule Charter as adopted March 24, 1986
and any subsequent amendments.
Section 3.3. Continuous Service: Employment without interruption, excluding authorized
vacation, military leave, paid leave or FMLA leave.
Section 3.4. Department: Any department of the Town subject to this policy.
Section 3.5. Department Head: The officer having immediate supervision and control of a
department or, in the absence of such officer, the Town Manager.
Section 3.6. Employee:
3.6.1. Regular Employee - An employee who has successfully completed the prescribed
probationary period. A regular full-time employee provides full time services and is
compensated at full pay and benefits for the assigned position. An individual employed for not
less than thirty seven and one-half (37 1/2) hours per week for fifty-two (52) weeks per year,
minus legal holidays, paid vacations and other authorized leaves of absence. The Town Manager
may, based on pew special circumstances, designate a different number of hours per week as
full time. A regular part-time employee provides less than full-time service, and is compensated
in proportion to the amount of service provided.
3.6.2. Probationary Employee - An employee who has not completed the probationary
period for a particular position.
3.6.3. Temporary Employee - An employee who possesses the minimum qualifications
for a particular position and has been appointed to a position for a limited scope or duration.
Seasonal workers and co-op students are considered temporary employees. Temporary
employees are not entitled to benefits.
3.6.4. Exempt Employee - An employee having significant responsibility for
formulating and administering policies and programs of the Town and for directing the work of
subordinates by lower level supervision; any employee having the authority to exercise
independent judgment, or to effectively recommend any action to hire, transfer, suspend, lay off,
recall, promote, discharge, assign, reward or discipline other employees, or to direct them to
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adjust their grievances, if the exercise of such authority is not merely routine or clerical in nature
but requires the use of independent judgment and discretion. An exempt employee is not entitled
to receive overtime compensation, and that is neW indicated on the job description. as an
e_xempt employee on V1
3.6.5. Non-Exempt Employee - An employee entitled to receive overtime compensation, as
indicated in Schedule A rl ti plan. on the job description.
Section 3.7. Human Resources Administrator: The employee appointed by the Town Manager
to administer the personnel functions of the Town, or in the absence of a Human Resources
Administrator, the Town Manager.
Section 3.8. Position: An office or post of employment in the Town's service with duties and
responsibilities calling for full-time or part-time employment in the performance and exercise
thereof.
Section 3.9. Town: The Town of Reading.
ARTICLE 4: APPLICABILITY
Unless specifically and otherwise excepted, wholly or in part, by statute, collective
bargaining agreement, Bylaw, Charter, or regulation superior to this, this Policy shall apply to all
Town Departments, except the School Department and Municipal. Light Department, and to the
positions of all employees except those under jurisdiction of said School and Municipal Light
Departments, those filled by popular election and those certain positions the holders of which
render intermittent or casual service.
These Policies apply to all positions, except those noted in the above paragraph; however,
the authority of appointment shall be modified as follows:
• In the Library Department, the Board of Library Trustees shall be responsible for hiring and
firing of personnel. [See Town of Reading Home Rule Charter, Article 5. Town Manager,
Section 5-2, Powers and Duties (b).]
• In the Finance Department, the Board of Assessors may appoint an Appraiser and an
Assistant Appraiser. [See Town of Reading Home Rule Charter, Article 3, Elected Officers
and Boards, Section 3-6, Board of Assessors.]
In the Accounting Department, the Board of Selectmen shall appoint the Town
Accountant. (See Town of Reading Horne Rule Charter, Article 3, Section 3-2, Board of
Selectmen.)
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ARTICLE S: ADMINISTRATION
This Article spells out the method of employing individuals to work for the Town, and
deals with recruitment, screening, appointment, orientation and probation. These methods shall
be adhered to, where applicable, unless there is a specific waiver from the Town Manager. It is
the Town's intent that this recruitment, employment, promotion and transfer policy ensures that
every reasonable effort is made to attract qualified persons and that selection criteria are job
related. All positions that become available will be filled giving full weight to Equal
Employment Opportunity and/or Affirmative Action goals established by the Town, and to the
Americans with Disabilities Act (ADA).
These policies shall be administered by the Town Manager. Department Heads are
responsible for the implementation of policies and procedures as established and as directed by
the Town Manager.
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Section 5.1 - Hiring:
5.1.1. - Verification - The Department that proposes to hire an employee must first verify
with the Town Manager that:
e Funds for the position are provided in the approved budget.
♦ The position has been approved by the Town Manager and there is a need for the position.
e The position has been included in the Pay and Classification Plan.
5.1.2 -In-House Promotion - When a vacancy exists, the overall personnel requirements
of the Department and the Town will be reviewed with the Town Manager who has the final and
binding decision on promotions. Where possible, in-house promotion and/or transfers will be
considered in order to fill a position so long as such a decision is in conformance with the
Affirmative Action policy. Where two or more in-house candidates apply for a position,
qualifications including seniority and length of service shall be considered.
5 .1.3 - Posting and Advertising - The Human Resources Administrator in consultation
with the Department Head shall prepare the posting and advertisement to solicit applicants. The
Town will post the availability of a vacant position in each Town building and with each
Department Head for a period of five (5) business days, and shall send a copy of the notice to
each Town Union in order to provide the maximum opportunity for in-house promotion. Nothing
shall prohibit the Town from advertising the position at the same time that it is posted.
Advertisements shall be submitted by the Human Resources Administrator to the media best
suited to attract qualified applicants adhering to Affirmative Action and Equal Employment
Opportunity goals.
5.1.4 - Application - Every applicant to be interviewed will be required to fill out, in its
entirety, a Job Application Form approved by the Town Manager. Additional information may
be submitted by an applicant for employment. To the extent possible, Affirmative Action and
Equal Employment Opportunity data will be kept on each applicant by the interviewer and, upon
completion of the hiring process, will be forwarded to the Personnel Division.
5 1 5 - Testing and Examination - Subjeet to pdor- approval of the Town Manager-,
-aApplicants may be required to submit to a test(s) and/or examination(s), and to submit other
information which is reasonably related to the job for which the application is made. 2411
applicants for- the saine job shall be subjeet to the same testing and examination pr-eeedur-es.
T eStS; and examinations may inelude physioal and psyehiatrie examinations, to the extent
these afe related to the position being filled. q4iese tests and examinations will only be done
*ions. (last two sentences moved to 5.1.7)
5.1.6 - Interview - As determined by the Town Manager, each Department Head,
designee or the Human Resources Administrator shall interview applicants for the position
within the Department. This process will involve looking only at the criteria important to filling
the position.
Unless instructed otherwise, the Department Head or the Human Resources
Administrator will select not less than the top three (3) candidates for each position and will
schedule interviews for these candidates with the Town Manager. The Department Head or the
Human Resources Administrator will be responsible for checking references and discussing
hours of work, benefits, the promotional opportunities, and other aspects of the position with the
candidates. The final selection will be made by the Town Manager in consultation with the
Department Head or the Human Resources Administrator. As part of the interview process,
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nothing shall preclude the use of a panel of interviewers for any position, including using a
member or members of a Board, Committee or Commission on the panel.
5.1.7 - Appointment - After all reference and background checks are complete,
Aappointments shall be made by the Town Manager who shall inform the successful candidate in
writing of the appointment including the starting date, salary, benefits and union status. All
appointments shall be subject to the satisfactory completion of a physical examination (including
a drug and alcohol screen) by the Town Physician.
_Other tests and examinations that may be required, to the extent that they are
related to the position being filled, include but are not limitd to, psychiatric examinations,
Criminal Offender Record Information (CORI), as authorized by the Criminal Systems
History Board, Sex Offender Record Information (SORI), and background checks. These
tests and examinations will only be done after an offer of employment and the offer will be
contingent upon successful completion of the tests and/or examinations..
Appointments of employees shall be made from a selection of the best qualified
applicants. Preference will be given to Town residents when equal qualifications are possessed
by the applicants. Nothing herein shall be construed to permit hiring in conflict with the Town's
Affirmative Action, Equal Employment Opportunity and ADA Policies.
5.1.8 - Orientation - On or before the starting date, each new employee will be given an
orientation and will be introduced to other employees. The new employee shall complete .the
necessary forms for withholding, insurance, pension and other forms needed. Each new
employee will be given a copy of the current Personnel Policies, applicable union contract and
other relevant information.
5.1.9 - Probation - Unless otherwise determined by law, the appointment of each
employee shall be probationary for a period of six (6) months of employment for purposes of
evaluation. prior to being assigned regular position status. Probation may be extended for an
additional time up to three (3) months if performance indicates such a need. Vacation time will
accrue (see section 9.13) but may not be used during the probationary period. Sick time may be
used during the probationary period with the following restrictions:
1. Only accrued sick time may be used (see Section 9.2).
2. Sick time may only be used for personal illness or injury.
3. The Town may require the employee to submit a letter from a regularly licensed
practicing physician giving the prognosis of the illness or injury before the employee
shall be entitled to sick leave with pay.
Advancement of Sick Leave, the use of the Sick Bank, Sick time for family illness, ' m emen
FMLA Leave, Leave of Absence other than FMLA Leave, and Floating Holidays are not
available to employees during the probationary period. When absence is compensable under
Worker's Compensation Law, an employee may use accumulated sick leave during the
probationary period in accordance with Section 9.2 of this policy.
The Town Manager may extend leave during the probationary period only for
extraer-dinafy special circumstances where such an extension is warranted. Such an extension
will not set a precedent in any other case, and denial of such a request is not subject to appeal.
5.1.10 - Exit Interview - A confidential exit interview shall be conducted during the final
week of the employee's current position by the Town Manager or his designee. The purpose of
an exit interview is to:
♦ Provide the departing employee with information and assistance and to further good
employee relations.
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♦ Provide the Town M-affage& with insight into Town personnel and management practices.
by the empleyee
# Further municipal publie relations by helping to sofmet i44fA4*R;#iA
about the Town se.
e Inform the employee about benefits and retirement information.
Section 5.2 - Job Description:
The Town Manager or Human Resources Administrator will be responsible for preparing
and periodically reviewing with the Department Head an appropriate job description for each
position using a standardized form. An employee will have a copy of the job description for
his/her position. The Per-sennel Human Resources Division shall be responsible for maintaining
the current job description. This description shall include, but not be limited to, the following:
Classification Title, Department and Division, Job Code, Union Status, General Purpose,
Supervision Received, Supervision Exercised, Essential Duties and Responsibilities,
Peripheral Duties, Desired Minimum Qualifications, Special Requirements, Tools and
Equipment Used, Physical Demands, Work Environment and Selection Guidelines.
Section 5.3 - Mandatory Reviews:
All new, promoted, transferred or demoted employees will be reviewed for performance
purposes no later than six (6) months after assuming their assignments as such period may be
extended pursuant to Section 5.1.9.
All new, promoted or transferred employees will be reviewed for compensation purposes
concurrently with their performance review. If an employee is retained, based on the
performance review, the employee will be granted a salary increase of no less than one step. The
salary increase shall be effective on the date of the completion of the probationary period.
All salary increases in excess of 2 steps are subject to prior approval of the Board of
Selectmen.
Section 5.4 - Maintenance of and Access to Personnel Records.
The Town Manager shall keep or cause to be kept, personnel records for each Town
employee. The personnel records shall contain:
o Application for employment;
4 Copies of feEms for- insurance, -pension application, and similar- mate
♦ Annual attendance (including vacation, sick leave and other leave used and accrued) for the
past three (3) years, plus any additional record needed to determine accrued sick leave;
♦ Commendations and complaints;
e Reference verification;
Tests and other information required prior to hiring;
o eheel Professional development and other records accumulated during employment;
♦ Copies of performance evaluations;
♦ A record of any and all personnel actions taken;
♦ Copies of employee awards;
e INS Form I-9;
♦ Other pertinent information.
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The employee's personnel records shall be maintained as up to date as reasonably
practicable but in every case material shall be filed within three (3) months. Each employee
shall have access to his/her complete personnel records upon notice of five (5) business days to
the Town Manager or designee. All information in the personnel records shall be available in
printed or electronic format. The employee shall be notified in writing when any information
(except for routine salary adjustments) is added to or removed from his/her personnel records.
No employee shall have access to any other employee's personnel records except that a
Department Head shall have access to the personnel records of any and all employees for whom
the Department Head is responsible.
ARTICLE 6: CLASSIFICATION AND COMPENSATION PLANS
Section 6.1 - Classification Plan:
The Classification Plan as established and modified from time to time by the Board of
Selectmen according to Bylaw is hereby designated Schedule A, and made a part hereof
classifying by grade and specific job title and assigning to pay grades certain exempt and non-
exempt positions in the service of the Town, other than those which are specifically exempted
according to Article 4 (Applicability). This plan shall constitute the Classification Plan of the
Town within the meaning of Section 108A of Chapter 41 of the General Laws.
The job title and job description for each position established by the Classification Plan
shall be the official title of the position and of the incumbent of the position, and shall be used to
the exclusion of all others for all purposes relating to the position including, but not limited to,
payrolls and official records.
. Before any individual may be hired, transferred or promoted into any newly established
position, the position must be included in the classification by job title and pay grade. If the job
position is not already included in the Classification Plan, then the requesting department shall
seek such classification approval through the Town Manager in advance of any request for funds.
The Town Manager may investigate and review the work of any position subject to the
provisions of this policy and recommend reclassification of the position as required.
Reclassification is the result of a re-evaluation of a position to place it on
the appropriate grade based on an internal and external study or to recognize a change in
the duties and responsibilities of a position. Reclassification shall not be used as a device for
promoting or demoting incumbents.
The Classification and Compensation Plans and job descriptions shall be reviewed on a
periodic basis by the Town Manager, who shall recommend to the Board of Selectmen correction
of disparities that may have developed. In proposing and implementing reclassifications, the
Town Manager shall consult with Department Heads and Division Heads as appropriate.
No employee may be appointed to a position not included in the Classification Plan.
Section 6.2. Compensation Plan:
The Compensation Plan established and modified from time to time by the Board of
Selectmen according to Bylaw is hereby designated Schedule B and made a part hereof,
establishing compensation rates for each pay grade.
This plan may provide for rate progression through the steps. The compensation range
established for any pay grade shall be the range for all positions assigned by job title to that pay
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grade. The rates set forth in Schedule B shall constitute the Compensation Plan of the Town
within the meaning of Section 108A of Chapter 41 of the General Laws.
6.2.1. Total Compensation - The rates shown in Schedule B shall constitute the total
remuneration for any position including pay in any form unless a specific exception is noted. The
schedule does not include actual and authorized expenses necessarily incident to the
employment. No employee shall receive compensation in any form from more than one
department, subject to waiver by the Town Manager for specific circumstances.
6.2.2. Positions Funded by Grants - Individuals serving the Town, who are funded by
State or Federal programs, shall be compensated at rates set forth in the Compensation Plan,
unless the program mandates another rate of pay.
Employees, whose pay may be funded in part by State or Federal programs subject to
approval by Town Meeting, may be supplemented in an amount recommended by the Town
Manager which is necessary to properly relate them to the appropriate job title and pay grade in
which they are to perform.
6.2.3. Cooperative, Training or Seasonal Employees - Cooperative or placement
training college students and seasonal employees serving the Town shall be compensated at rates
established by the Town Manager.
6.2.4. Starting Pay Rates - Individuals shall be paid no less than the minimum pay rate
of the applicable grade.
The Town Manager may appr-ove a starting salar-y up to, and ineluding, Step 4 e
applicable salaF , Made. Consideration of a starting salary above the minimum must be based on
skill and/or experience.
StaAing pay rates whieh exeeed Step 4 must haN,e prior appfoval by Beard of
S
6.2.5. Out of Classification Pay - An employee who is assigned in writing by the
Department Head or the Town Manager to perform all of the job duties, and not merely
individual tasks of a higher position, and replaces an absent employee for more than three (3)
consecutive work days, shall be paid at the lowest step in the grade of the absent employee that
will ensure an increase of 5% over their base pay.
6.2.6. Overtime Compensation - Overtime at the rate of time and a half shall be paid to
non-exempt employees for the number of hours worked in excess of forty (40) or thirty seven
and one-half (37 1/2) hours whichever is the regular work week of the employee.
6.2.7. Compensatory Time for Non-Exempt Employees - By mutual agreement
between a Department Head and an employee, compensatory time in lieu of each pay may be
substituted on a time and a half basis for the number of hours worked in excess of forty (40)
or thirty seven and one-half (37 1/Z) hours whichever is the regular work week of the
employee. The mutual agreement must occur before the work is performed. Compensatory time
off may be accumulated to a maximum number of hours as an employee's regular work
week and must be scheduled by mutual consent of the employee and the Department Head.
6.2.8. Compensatory Time for Exempt Employees - The Town recognizes that exempt
employees as noted i t Classification 1D' Se d le are often required to work in excess of
thirty seven and one-half (37 1/2) hours or forty (40) hours. Exempt employees recognize that
the nature of exempt work is such that additional hours may be necessary to accomplish the
requirements and responsibilities of the job.
Situations where exempt employees may not normally be eligible for compensatory time
off include, but are not limited to, sporadic extra time to keep projects on schedule, attendance at
8
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evening meetings with Town Boards, Committees and Commissions and extra time required to
catch up on routine work.
Situations where exempt employees may qualify for compensatory time off include, but
are not limited to, sustained extra effort where the employee is requested by his/her Manager to.
work extra hours with little or no discretion on the employee's part as to whether or not to work
or to schedule the work at a different time, and additional hours generally worked under a
predetermined planned schedule arranged in advance.
By mutual agreement between a Department Head and an exempt employee,
compensatory time is available at a rate of hour for hour. A maximum of one (1) week of
compensatory time per calendar year may be utilized. Compensatory time will be taken with the
Department Head's approval at the convenience of the Department, and no compensatory time
will be carried over into a new calendar year. In the case of Department Heads, mutual
agreement will be with the Town Manager. There shall be no payment of unused compensatory
time at the end of the year.
ARTICLE 7: EMPLOYEE GUIDELINES
The Town of Reading expects its employees at all times to act in the best interests of the
Town and its residents. This includes an expectation that all employees will meet the highest
standards of ethics and honesty, that there will be no political activity on the part of the employee
that could relate to the employee's position with the Town, and at all times the employee will act
in a manner that will reflect well upon the employee and the Town.
Section 7.1 - Nepotism:
When in the normal selection process, relatives of Town employees or officials are
considered for appointment or promotion, the Town Manager will be notified by the Department
Head. No person shall be hired or promoted based upon their family relationship to another
Town employee. No employee shall be in a position that provides supervision over his/her
relative.
This policy is not for the purpose of depriving any person of an equal chance for
employment with the Town, but is solely intended to eliminate the perception of or potential for
preferential treatment of the relatives of government personnel.
This policy will not be construed to deprive any person employed on December 14, 1987,
the effective date of this policy, of any promotional right in normal career development nor
change the existing status of any employee. However, the Town may modify schedules, shifts,
squads or work units to eliminate any potential for conflict under this policy.
Relatives, for the purpose of this policy, shall include all members of the immediate
family including spouse, parents, brothers, sisters, direct line aunts and uncles and nieces and
nephews, children, grandparents, grandchildren and in-laws. Cousins and aunts, uncles, nephews
and nieces by marriage are not regarded as members of the immediate family for purposes of this
policy.
Section 7.2 - Harassment and Discrimination Prohibited:
7.2.1. Introduction - The Town of Reading's goal is to promote and 64R4 maintain a
working-environment that is free from discrimination and sexuat harassment.
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Discrimination or sexual harassment of any individual by an employee of the Town in
the performance of the that employee's duties, or in any way related to the that employee's
duties, or discrimination or sexual harassment of an employee by another employee is unlawful,
strictly prohibited and will not be tolerated by the Town. Further, any retaliation against an.
individual who has complained about sexual harassment or discrimination or retaliation
a ainst individuals for cooperating with an investigation of a sexual harassment or
discrimination complaint is similarl unlawful will not be tolerated and may result in
disciplinarv action The Town will take reasonable action to protect all parties and
witnesses involved in this process from retaliation.
To achieve the Town's goal of providing a workplace free from sexual harassment
and discrimination, the conduct that is described in this policy will not be tolerated and we
have provided a procedure by which inappropriate conduct will be dealt with, if
encountered by employees Because the Town of Reading takes allegations of sexual
harassment and discrimination seriously, we will respond promptly to complaints of sexual
harassment and discrimination and where it is determined that such inappropriate conduct
has occurred, we will act promptly to eliminate the conduct and impose such corrective
action as is necessary; including disciplinary action where appropriate.
Please note that while this policy sets forth the Town's goals of promoting a work
environment that is free of sexual harassment and discrimination, this policy is not
designed or intended to limit the Town's authority to discipline or take remedial action for
workplace conduct which we deem unacceptable, regardless of whether that conduct
satisfies the definition of sexual harassment or constitutes discrimination.
7.2.2. - Definition of Sexual Harassment and Discrimination -
Discrimination occurs when actions, procedures, policyies or personnel treat an
individual adversely solely on the basis of the individual's race, color, religious creed, national
origin, sex, age, ancestry, sexual orientation or disability. Discrimination on the basis of sex
shall include, but not be limited to, sexual harassment.
Harassment on the basis of an individual's race, color, religious creed, national origin,
sex, age, ancestry, sexual orientation or disability includes any un:wanted unwelcome physical or
verbal action toward another that has the purpose or effect of creating an intimidating, hostile,
humiliating or offensive working environment. Examples of actions that may constitute
harassment include, but are not limited to, the following:
♦ Using racial slurs;
♦ Displaying symbols of hate;
♦ Making generalizations about people;
♦ Using' stereotypes;
♦ Telling racial or ethnic jokes;
♦ Displaying pictures of a sexual nature;
o Making derogatory comments of a sexual nature.
Sexual harassment is unwanted attention directed toward a person because of his or her
gender. Sexual harassment in the workplace is unlawful and will not be tolerated. In
Massachusetts, the definition of Ssexual harassment ineludes means sexual advances, requests
for sexual favors and other verbal, visual or physical conduct of a sexual natures when:
10
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(a) 8 submission to or rejection of such advances, requests or conduct is made an
implied or explicit term or condition of success in employment, or as a basis for
employment conditions; or
(b) The such advances, requests or conduct have the purpose or effect of
substantially interfering with an individual's work performance or creating an
intimidating, hostile, humiliating or offensive working environment.
Under these definitions, direct or implied requests by a supervisor for sexual favors
in exchange for actual or promised iob benefits such as favorable reviews, salary increases,
promotions, increased benefits, or continued employment constitutes sexual harassment.
The legal definition of Ssexual harassment is broad and in addition to the above
examples, other sexually oriented conduct whether it is intended or not that is unwelcome
and has the effect of creating a work place environment that is hostile, offensive,
intimidating, or humiliating to male or female workers may also constitute sexual eted ffem ma4e to female, female to
harassment. ,
male, + 10 I I4 Van -A] Re t Ae - female.
While it is not possible to list all of those additional circumstances that may
constitute sexual harassment, the following are some Eexamples of aefrens that conduct
which if unwelcome, may constitute sexual harassment depending upon the totality of the
circumstances including the severity of the conduct and its pervasiveness: inealude,
Unwelcome sexual advances whether they involve touching or not;
Unwelcome leering or staring, whistling, catcalling or making offensive gestures or noises
o Making suggestive remarks, sexual epithets, jokes of .a sexual nature or using derogatory
sexual terms;
♦ Displaying sexually suggestive ee photographs, cartoons, illustrations, pictures or
s related objects;
s Blocking a person's movements;
♦ Unwelcome T touching, brushing against the body, pinching, hugging, kissing or patting of
the body or the
F pulling or lifting of clothing;
♦ Pressuring a person for dates, commenting on an individual's body, commenting about an
individual's sexual activity, deficiencies or prowess or providing serer inforination or
discussing one's about personal sexual experiences.
All employees must 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 of Reading.
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Victimizing harassment in the form of bullying or victimizing is will be considered
harassment under this policy. An employee is being bullied or victimized when he/she is
exposed to negative actions on the part of one or more other employees, that have the purpose or
effect of substantially interfering with the employee's work performance or creates an
intimidating, hostile, or offensive nilAayment. work environment for the person. Examples of
actions that may constitute victimizing harassment include, but are not limited to, the following:
♦ Physical threatening (bullying);
♦ Making comments about an individual's size, weight, height, etc.;
o Making comments about an individual's perceived lack of intelligence;
0 Making undue use of negative sarcasm toward an individual.
7.2.3. Complaints of Discrimination or Sexual Harassment
Any employee who fe& believes that he/she has been the victim of discrimination or
sexual harassment has the right to file a complaint either in writing or orally. Complaints
should be reported the ineid to one of the following people:
1. his/her supervisor or the next level of superior in the Department, or
2. Human Resources Administrator (781) 942-9033
Town Hall
16 Lowell Street
Reading, MA 01867, or
3. Town Manager (781) 942-9043
Town Hall
16 Lowell Street
Reading, MA 01867, or
4. 'yPis4v ever +h e in ean `ar4" res e id to the Y
Y J
It is suggested, but not required, that an employee fill out a Complaint Form, which is
available in the Persona-6 Human Resources Office. These persons are also available to
discuss any concerns you may have and to provide information to you about the Town's
policy on discrimination and sexual harassment and the complaint_ process.
7.2.4. Investigation - All complaints, verbal or written will be promptly investigated in
a fair and expeditious manner. Within three (3) working days of receiving a n infeFmal verbal
complaint or a written sempleted Complaint form, an investigator designated by the supervisor,
Department Head, Human Resources Administrator or Town Manager shall meet with the
subject of the reported discrimination or sexual harassment and begin the investigation. Any
employee involved in an incident of discrimination or harassment can expect that: (1) the
complaint will be taken seriously and will be appropriately investigated, (2) the
investigation will begin promptly and proceed in a timely manner. (3) steps will be taken to
stop any discriminating or harassing, behavior and (4) due process rights will be respected.
The investigation will be conducted in such a way as to maintain confidentiality to
the extent practicable under the circumstances. Complaints will be addressed in a
confidential manner to protect the privacy of all individuals involved. Information
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provided under this policy will be disclosed with others on a need-to-know basis only.
However, in order for the Town to take appropriate action, it may be necessary for the
Town to disclose the complaining individual's name to the accused employee, and for the
complaining individual to provide testimony before the accused employee in the presence of
the appropriate authorities. The complaining individual alleged vie and the accused
employee may, if applicable, request union/association representation to assist him/her through
the complaint process, in accordance with any process in any union contract that addresses the
issue of an investigative procedure. After conducting an appropriate investigation, the
investigator will determine whether the sexual harassment and discrimination policy has been
violated and, if so, determine the severity of the behavior. To the extent appropriate, we will
inform the person filing the complaint and the person alleged to have committed the
conduct of the results of that investigation.
7.2.5. Disciplinary Action - if it is determined that inappropriate conduct has
occurred, the Town will act promptly to eliminate the offending conduct and where
appropriate, disciplinary action will be imposed. On the basis of the , tThe
investigator will recommend to the employee's supervisor, Department Head, Human Resources
Administrator or Town Manager the appropriate action to resolve the situation including, but not
limited to, the following:
® Verbal warning or reprimand;
♦ Verbal or written apology to the alleged victim;
Written warning or reprimand entered into the employee's file;
♦ Conference with the alleged victim;
o Attending required counseling;
o Receiving a letter from the alleged victim; or
o Suspension, demotion or dismissal termination of 31e yn,° A subject to collective
bargaining agreements and applicable Federal, State and local law and bylaws.
These actions are not to be considered as progressive actions but rather may be taken in
any order or combination to effectively deal with the situation. Any action except for a verbal
nnr~ ~ ri n{Ly-~,,
warning or reprimand, a verbal or written apology to the complaining individual ~~_etim,
or a written warning or reprimand entered into the employee's file, shall be handled by the Town
Manager. A written warning or reprimand, the requirement to have a conference with the
alleged victim complaining individual, the requirement to attend counseling sessions, the
receipt of a letter from the complaining individual " a Aeti or suspension or termination
will all be documented in the accused employee's personnel file.
(1) te eo uplaint-Mil be taken ser-iously and will be appropriately i.. , .,,a ed; (2) the
investigation will begin pr-ompt!5, and pr-eee 3) steps will be taken to
involved. infefmation pr-wided nder- this peliey will be-diselosed v4l-h-etheff-s on a need-
,
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fer the Tollvn to disclose the alleged vietim's name to the araeused employee, nd fer the a!
nee of the ppfepff
7.2.5. State and Federal Remedies - In addition to above, ^ attempt-by-en
employee to r-etahate against a per-son who makes or provides information regarding-a elaim'ef
harassment or diserifnination is un!&444, strictly prohibited and may r-esult in diseiplinary
aetion. The Town will take reasonable aetion to proteet all parties and witnesses imolved in this
process from retaliati Any person who believes fe& that they have been subiected to sexual
harassment he,/she is vietim cf discrimination harassme + may, addition to the above
proe,-duf es, file a formal complaint with either or both of the governmental agencies set below:
Massachusetts Commission Against Equal Employment Opportunity
Discrimination( M~ Commission "EEOC"
1 Ashburton Place, Room 601 john F. Ken ed 475 J.F.K. Federal
. ~
Boston, MA 02108 Building, Government Center
(617) 994-6000 Boston, MA 02114 02203-0506
(617P27-3-990 (617) 565-3200
Each of these agencies has a short time period for filing a complaint. (Equal Employment
Opportunity Commission, 300 days; Massachusetts Commission Against Discrimination, 300
AM 6 months)
For claims of harassment against the Town Manager, see Article 5 of the Reading Home
Rule Charter.
Section 7.3 - Conflict of Interest :
All employees shall comply with the State Conflict of Interest Law in all respects. In
addition thereto:
1. Outside Employment - No employee shall accept outside employment if such outside
employment directly interferes with an employee's performance. No employee shall receive or
request compensation from, or act as an agent or attorney for anyone other than the municipality
in relation to any matter in which the Town is a party or has a direct and substantial interest.
2. Solicitations and Acceptance of Gifts, Gratuities, Fees, Loans, etc. - No Town
employee, acting in his/her professional capacity on behalf of the Town, shall solicit or accept
any personal gift, gratuity, loan, fee or other thing of value. Employees may accept fees for work
done on their own time provided the individual or group engaging the employee has no
contractual relationship with the Town. No employee shall solicit any gift or gratuity from
another employee.
3. No employee shall use or attempt to use his/her official position to secure unwarranted
privileges or exemptions for him/herself or others.
4. No employee shall, by his/her conduct, give reasonable basis for the impression that
any person can improperly influence or unduly enjoy his/her favor in the performance of official
duties, or that he/she is unduly affected by the kinship, rank, position or influence of any party or
person.
Employees should be aware of the Policy on Defense of Actions Brought Against Public
Employees, available from the Town Manager, which the Board of Selectmen adopted and
was effective as of July 1, 1996.
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Section 7.4 - Political Activity:
It shall be the policy of the Town to appoint, promote, demote and remove all employees
without regard to political considerations.
The political opinions or affiliations of any resident shall in no way affect the amount or
quality of service a resident receives from the Town.
Town employees shall not engage in any political activities including, but not limited to,
campaigning for themselves or individual candidates, or campaigning for support of or
opposition to ballot questions, during working hours, nor in uniform nor on Town property
(except in locations designated by the Town Manager), nor using Town resources including
office space, equipment, vehicles, uniforms, etc. Employees shall not directly or indirectly use or
seek to use the authority or influence of their positions to control or modify the political action of
another person.
Any employee may, on his/her own time, and without the use of any Town resources,
advocate for or against any ballot question. Town resources include office space, equipment,
vehicles, uniforms, etc. Town employees may not participate in fund raising for any ballot
question, may not solicit or receive any political funds from anyone, may not give, solicit, or
receive political funds in any public building, and may not serve on any steering committee or as
treasurer of any group that has as its purpose fund raising for any ballot question or candidate.
Nothing in this section shall be construed to prevent Town employees from becoming or
continuing to be members. of any political party, club or organization; attending political
meetings during non-working hours, and not in uniform; expressing their views on political
matters during non-working hours; circulating petitions on public questions or voting with
complete freedom in any election.
Section 7.5 - Use of Town Property:
The use of Town property and supplies for personal use is not permitted. Personal
telephone calls shall be limited in number and duration and in the event that a personal call is
necessary, the Town will be reimbursed for its cost (if any).
Section 7.6 -Drug Free Workplace:
The Town of Reading workplace shall be drug-free. The unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited on Town-
owned property. Employees who violate this condition of employment will be subject to
appropriate personnel action up to and including termination.
Every employee will be made aware of the dangers of substance abuse in the workplace,
and will be notified of the intent to maintain a substance-free workplace. Every employee will
be notified of the availability of drug counseling rehabilitation and any other employee
assistance activities that may exist. The penalty for drug abuse or substance abuse, such as
conviction for a violation occurring in the workplace, may be required participation in a program
approved for drug abuse rehabilitation by the Federal, State, or local health agency.
As a further condition of employment, employees will abide by the terms of this
statement, and notify the Town Manager of any criminal substance abuse conviction no later
than five (5) days after such conviction.
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Section 7 .7 -Lip Threatening Illnesses:
The Town of Reading recognizes that employees with life threatening illnesses including,
but not limited to, cancer, heart disease and AIDS, may wish to continue to work. Employees
shall be assured of continued employment as long as they are able to meet acceptable
performance standards, and medical evidence indicates that their condition is not a, threat to
themselves or others. Federal and State laws mandate, pursuant to the laws protecting disabled
individuals, that those individuals not be discriminated against on the basis of their handicaps,
and that if it becomes necessary, some reasonable accommodations be made to enable qualified
individuals to continue to work.
Supervisors and employees shall make a concerted effort to learn the facts regarding the
life threatening illness and how it is and is not transmitted.
Supervisors shall be sensitive and responsive to co-workers' concerns, but no special
consideration will be given for a transfer request for employees who feel threatened by a co-
worker's having a life threatening illness. Co-workers who refuse to work with a person with a
life threatening illness may be subject to disciplinary action.
The Town of Reading offers a range of resources for such illnesses available through the
Town, the State Department of Public Health's Resource Office and the State Laboratory
Institute:
An employee's health condition is personal and confidential. Personnel and medical files
or information about employees are exempt from public disclosure of M.G.L. cA, Section 7(26).
Information relating to a specifically named individual is exempt thus preventing an unwarranted
invasion of personal privacy. Special precautions shall be taken to protect such information
regarding an employee's health condition to prevent instances of disclosure that may invade the
personal privacy of employees. Only those supervisors with a clear need to know shall be
informed of an infection status of an employee.
ARTICLE 8: CHANGE OF EMPLOYMENT STATUS
Section 8.1 - Transfer:
A transfer takes place when an employee is assigned to a different job title with the same
level of responsibility and at the same pay grade. A transfer may be either voluntary or
involuntary.
Employees who desire to voluntarily transfer within the Town may do so upon approval
of the Town Manager if a position vacancy exists, and if the supervisor of the vacant position
finds the employee qualified.
A request for voluntary transfer to a different department shall be submitted in writing to
the Town Manager, who shall review the request with the Department Heads, and make a finding
regarding the employee's suitability for the position.
A request for voluntary transfer within a department shall be submitted in writing to the
Department Head, who shall review the request, and make a recommendation to the Town
Manager.
Employees whose services in a given position are no longer required, or whose
performance fails to meet Town standards, may be transferred involuntarily to a different
position.
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Involuntary transfers shall be ordered in writing by the Town Manager after consultation
with the Department Heads affected.
A probationary period shall be mandatory following transfers. Employment status,
benefits and anniversary date will not be affected by transfers.
Section 8.2 -Promotion:
Promotion is the advancement of any employee to a position with a higher level of
responsibility. Promotions may be awarded through the filling of a vacancy in a higher grade.
Promotions may be temporary or permanent. When an employee is promoted to a higher job
classification, he/she will be placed in the appropriate grade for the new job at a step which will
ensure no less than a 5% increase in pay.
Promotions will be made by the Town Manager in consultation with the Department
Head.
A probationary period shall be mandatory following promotions. Employment status,
benefits and anniversary date will not be affected by promotions. If an employee whose current
position does not include time off benefits is promoted to a position that does include time off
benefits, he/she may use sick time as it accrues during the probationary period.
Section 8.3 -Demotion and Reassignment.
Demotion is the assignment of an employee from one position to a position with less
responsibility. Demotions may be ordered by the Town Manager the following situations-;
o as a disciplinary action; or
♦ due to Aan unsatisfactory performance evaluation followed by continued unsatisfactory
performance during the probationary period.
The Town Manager may, following consultation with a Department Head, assign the
demoted employee to a position with lower level of responsibility and/or lower level of pay. A
probationary period shall be mandatory following a demotion. Employment status, benefits and
anniversary date will not be affected by demotions.
An employee may be reassigned from one position to a position with less
responsibility. A reassignment may be ordered by the Town Manager because of
a R reclassification downward of an employee's position or
the R reorganization of the Town services.
Employment status, benefits and anniversary date will not be affected by dernetiefts. a
reassignment.
Section 8.4 - Lay-Off
Lay-off is the involuntary separation of an employee from the Town's service because of
lack of work, lack of funds or the discontinuance of a position.
Lay-offs may be ordered for the above reasons, and may be for a definite or indefinite
period of time. Lay-offs shall not be used as a disciplinary measure.
Lay-offs shall be determined by the Town Manager in the following circumstances:
o Upon discontinuance or reduction of a Town program or service;
o As a means of reducing salary and wage costs in order to meet budget restrictions;
Upon reorganization of a Department or operating unit of the Town.
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Lay-offs within positions performing the same functions shall be conducted in the
following order:
1.Seasonal Employees
2.Temporary Employees
3.Part-time Employees
4.Full-time Employees
32
Employees separated by lay-off shall be given first consideration for new vacancies
which may develop in the Town service within two (2) years.
Before ordering a lay-off, the Town Manager shall consult with the affected Department
Heads. A determination shall be made on the number of positions to remain after the reduction
in force is effected. Where possible, transfers, and demotions and reassignment shall be offered
prior to lay-offs, beginning at the highest level where reductions need to be made and then
proceeding downward in the table of organization. Employees in the same level shall then be
evaluated in terms of performance and length of service to determine retention status.
The Town will attempt, unless circumstances make it impractical, to give no less than
thirty (30) days written notice to any employee whose job is being eliminated or reduced in
hours.
Section 8.5 - Resignation:
Resignation is a voluntary action of any employee to terminate employment with the
Town. A resignation shall be submitted in writing to the Town Manager with a copy to the
Department Head at least two (2) weeks prior to the effective date of termination.
If leper at least two (2) weeks notice is not given, the employee shall be considered
to have resigned not in good standing and shall forfeit any benefits accrued except as these
prohibited by law. Oral resignation will be deemed binding but shall not constitute resignation in
good standing.
Section 8.6 - Retirement:
All employees covered under the Retirement System shall be governed by the
requirements and provisions of the System relating to retirement age and benefits.
An employee contemplating retirement should notify the Human Resources
Administrator in writing at the earliest date that such a decision is being considered, in order to
be aware of what benefits may be available through early notice (6 months) of retirement. (See
Sections 9.3 and 9.13.11 of these policies.)
The employee should notify the Town Manager as soon as possible but not less than two
(2) months before retirement. The employee should also apply to the Retirement System if
pension benefits are available.
ARTICLE 9: BENEFITS AND WORKING CONDITIONS
The following benefits apply to all regular employees of the Town whose regular work
week is twenty (20) hours or more, unless noted differently in each section. Time off benefits
shall be made available to part-time regular employees who work more than twenty (20) hours
per week :on a pro-rata basis. For example, if an employee works twenty eight (28) hours per
week and the full time work schedule for the position is thirty seven and one half (37.5) hours
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per week, the employee will be entitled to 28/37.5 of the applicable benefits. A "day" of
vacation would therefore be equal to 5.6 hours. No time off benefits are available to part-time
employees who work less than twenty (20) hours per week.
All time off benefits are determined on a calendar year basis.
The Town will maintain a complete and accurate record of attendance for each employee,
setting forth the amount of time off benefits available for the calendar year, the dates of time off
benefits used and the amount of time off benefits remaining for the calendar year. Such record
shall be available for inspection by the individual employee upon reasonable request and shall be
reviewed periodically with the employee at least annually. The employee shall have the
responsibility of reviewing the time off benefit record for accuracy and signing off agreeing
tFasy:
The Board of Selectmen may, from time to time, develop alternative benefit packages for
Department and Division Heads.
Section 9.1 -Service Credit.
Service credit is used primarily to determine eligibility for vacation and other time off
benefits. Service to the Town shall be determined as the service accrued by a regular employee,
commencing from the date of employment, or benefit date if it is different from date of
employment, which is uninterrupted except by vacation, military service, or other authorized
leave of absence pursuant to Section 9.9 Family and Medical Leave Act, and Section 9.10
Leaves of Absence other than FMLA Leave.
Termination for any reason shall constitute a break in service. If a former employee of
the Town returns to the service of the Town and completes at least five (5) years of continuous
service following such return, the amount of continuous service immediately preceding the
interruption of work for the Town shall be added to the five (5) years of current service to
compute a new Service Credit date. Service credit is not granted for any period of time that the
employee was a temporary employee or a part time unbenefited employee. The probationary
period will count for service credit.
An employee who has changed from regular part-time benefited status to regular full-
time status will have service credit determined for the period of part-time service on a prorated
basis. For example, if an employee worked six (6) years at 2/3 time, and then assumed a full-
time position, the amount of service credit available for the part-time work would be four (4)
years, and all hours of accrued vacation, personal leave or sick leave would be credited to the
employee as earned.
An employee who has changed from full-time status to part-time status will retain their
full amount of service credit, and accrued hours of vacation leave, floating holiday leave and sick
leave will be credited to the employee as earned.
If the employee was eligible for and took sick leave buyback when he/she left the service
of the Town, then the employee must repay to the Town the amount of money paid in sick leave
buyback as a condition of being granted past accrued sick leave. The returning employee will be
credited with the number of hours of sick leave that the buyback represented based on the rate of
pay at the time of termination.
Section 9.2 - Sick Leave:
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All regular full-time and regular part-time employees who work twenty (20) hours or
more per week, shall be eligible for payment from accrued sick leave for time absent due to
illness, injury, or medical appointments that cannot be arranged after regular working hours. A
policy on the procedure for informing a supervisor and/or Department Head of illness or injury
will be used in each department.
Effective January 1, 201.0 sick leave shall be-accrued on the basis of 1 (one) 444 day-a
per month of service beginning on the first day of the month of employment. Prior to January
1, 2010 sick sha❑ accrue on the basis of 1 days per month. Unused sick leave shall be
accumulated from year to year without limitation.
Up to five (5) days of accrued sick leave, not covered under Section 9.9 Family and
Medical Leave Act, may be used by an employee to attend to a spouse, parent or child, or
someone who lives in the same household as the employee, and who is ill. There will be no
carry-over of this benefit from one calendar year to another calendar year. The Town Manager
may extend the sick leave used in this manner beyond what is permitted. This extension of the
leave will be granted only for extraordinary circumstances where such an extension is warranted.
Such an extension will not set a precedent in any other case and denial of such a request is not
subject to appeal.
When absence by reason of sickness or injury is for a period of three (3) consecutive days
or more, the Department Head may require the employee to submit a letter from a regularly
licensed practicing physician giving the prognosis of the sickness or injury before the employee
shall be entitled to sick leave with pay. The Town, at its expense, reserves the right to have a
physician examine the employee.
When absence is compensable under Worker's Compensation Law, an employee may,
upon signing written authorization, be paid the difference between Worker's Compensation
benefits and his/her regular base salary until part or all of his/her accumulated sick leave has
been used. Sick leave used in this manner shall be charged at a rate of 0.4 days for each day the
employee is on Worker's Compensation leave.
An employee who is on paid vacation and who is hospitalized for an injury or illness, at
his/her option and provided that he/she has sick leave available, may have his/her vacation time
changed to paid sick leave for the period of the actual hospitalization.
Section 9.3 - Sick Leave Buyback:
All employees hired after August 31, 2009 are ineligible for sick leave buvback.
Employees hired prior to that date who work twenty (20) hours or more per week, after
seven (7) years of benefited employment, shall be paid for unused sick leave not exceeding one
hundred (100) days at fifty percent (50%) of his/her daily rate of pay at the time of their
termination (except termination by the Town or resignation not in good standing). Sick leave
buyback shall be paid to the estate of any employee who is eligible for it at the time of his/her
death. (The section below was rewritten above. No change in content)
Upon termination, (@xGept termination by the Town or- r-esignation not in good standing) aft
seven (7) years of benefited employment, all regular- fu4l time emplayees and regular- pa# ti
er-nployees who work twenty (20) heurs of more per- week shall be paid for- unused sirak leave no
0
exceeding one hundred (100) days at fifty per-eent the fifne of termination. Siek leowe buybaek shall be paid to the estate of any employee-4te4s
eligible faF it at the time of lais,Lher- death.
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buybn"L•
The following t' ineligible for- niek leave- v r
The following positions have always been ineligible for sick leave buyback unless the
employee fulfilled the criteria below.
Appraiser
Assistant Appraiser
Assistant Fire Ghie~
Assistant Library Director
Assistant Town Manager/Finance Director
Assistant Collector
Assistant Town Clerk
Assistant Treasurer CellesteF
Building Inspector
Community Services Director/Town Planner
Conservation Administrator
Database Administrator
DPW Business Administrator
Elder/Human Services Administrator
Fire Chief
Forestry, Parks and Cemetery Supervisor
Head Public Safety Dispatcher
Health Services Administrator
Highway/Equipment Supervisor
Human Resources Administrator
Library Director
Library Division Heads
Network Suppei4 Tes#nisian Administrator
Office Manager
Police Chief
Police Business Administrator
Project Director
Public Works Director
Recreation Administrator
Retirement Board Administrator/Assistant Town
Accountant
Technology Coordinator
Town Accountant
Town Clerk
Town Engineer
Tim." n pro
Treasurer Collector
Veteran's Agent;-Service Officer
Water/Sewer Supervisor
Water T_ r-eat-i;ent Plant Quality Supervisor FE)r-thE)sepesitions that are ineligible4br-siek Wave r see the aseeler-ated vae
schedule column R f t1, 1, ""t ' Co t'en Q 11 5
Any employee among the above titles who as of December 14, 1987 (the time of the
initial adoption of this policy) has already earned one hundred (100) unused sick days, and who
was at that time eligible for sick leave buyback benefits, is grandfathered and will be
compensated for sick leave buyback upon retirement or resignation. Those ,.levees will R~
be eligible for- the aeeeler-ated vaeation sehedule-.
Any employee who is promoted to one of the above titles and was eligible for sick leave
buyback before being promoted, will be compensated upon retirement or resignation for unused
sick leave not to exceed one hundred (100) days at 50% of his/her daily rate of pay that was in
effect prior to the promotion. Should a promoted employee have less than one hundred (100)
days of unused sick time at the time of promotion, he or she will not be able to add days to that
total. The promoted employeev.,;p, > be eligible for- the aerseler-atedvaea4ion sehedule i-fl
It is recognized that, under some circumstances, an employee may be ill or injured and
not have adequate accrued sick leave to cover the incident.
The Town Manager may, upon written request from an employee, with written
endorsement from the employee's Department Head, advance up to two (2) weeks (10 working
days) of sick leave to any regular full time or regular part time employee who works twenty (20)
hours or more per week. Included in the consideration of approval of the advancement of sick
leave will be:
Section 9.4 - Advancement of Sick Leave:
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1. The likelihood that the employee will be able to repay the advanced sick leave;
2. A pattern of abuse of sick leave which may be cause to deny the advancement of
sick leave;
I Whether the employee has used all accrued compensatory time or floating holidays.
The Town Manager may require accrued vacation to be used prior to advancement of sick leave,
depending upon the time of year the incident occurs and the amount of vacation time available;
4. Other factors that may be relevant to the issue of advancement of sick leave.
Section 9.5 - Sick Leave .Bank:
A "Sick Leave Bank" shall be established and maintained for the purpose of protecting
regular full time and regular part time benefited employees against loss of income due to long
term illness or disability.
1. The Sick Leave Bank will be administered by a committee consisting of one (1)
member to be elected from each of the constituent bargaining units that elects to participate
(Engineers Unit, Public Works Unit, Police Officers, Police Superior Officers, Dispatchers and
others) and appointees of.the Town Manager one less than the aggregate number of members
representing the Unions. All members of the Sick Leave Bank Committee shall be participants
in the Sick Leave Bank.
2. Employees eligible to withdraw sick leave days from the "Bank" must make
application to the Sick Leave Bank Committee. The Committee may review the employee's
records of attendance kept by the Town. The Sick Leave Bank Committee's decision shall be by
majority vote and shall be final and not subject to the grievance and arbitration procedure.
3. Sick leave days may be deposited in the Sick Leave Bank in the following manner:
Any employee eligible to participate in the Sick Leave Bank shall contribute four (4) days of
his/her accumulated sick leave to the "Bank" on Deeembe: ~t July I" of the year that the
employee initially joins the "Bank". Employees will ~timao--to contribute two (2) days
annually on Dee er-~} July 0 for the following four years, and then. one (1) day
annually on July lsr thereafter, unless they give written notification to the Sick Leave Bank
Committee by D b ~ June 30"' that they wish to withdraw their membership in the
Sick Leave Bank.
4. The Sick Leave Bank Committee may, with the approval of the Town Manager, vote to
change the number of days contributed per year. If the number of hours in the Bank falls
below 10,000, or if the membership in the Sick Bank fluctuates significantly, then the policy
of contributing two (2) days yearly for all members may be reinstated.
5. Unlimited sick leave days may be credited to the Sick Leave Bank by all employees,
provided that no employee shall contribute more than two (2) days per year unless approved
pursuant to Paragraph 4 above.
6. In order to be eligible to apply to the Sick Leave Bank for withdrawal of sick leave
days, the employee must have used up all of his/her own accumulated sick leave, and be a
participant in the "Bank".
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7. In order to be eligible to make application to the "Bank", an employee must have
suffered an illness or disability resulting in thirty (30) consecutive days of work missed; or
resulting in five (5) days without pay, whichever comes first. That is, an employee with fewer
than thirty (30) days of accumulated sick leave will not become eligible to withdraw sick leave
from the "Bank" until he/she has gone five (5) consecutive work days without pay due to the
same illness or injury; any employee with accumulated sick leave in excess of thirty (30) days
shall be eligible to receive days from the "Bank" on the day following the exhaustion of his/her
own accumulated sick leave. Paid vacation and/or floating holiday time may be allowed to be
substituted for the five (5) days without pay. Notwithstanding the language in this paragraph, if
an employee has missed thirty (30) days of work non-consecutively due to the same illness, then
this paragraph may be waived by the Sick Leave Bank Committee.
8. The Sick Leave Bank Committee may require the employee to substitute paid accrued
vacation and/or floating holiday leave for leave available from the Sick Leave Bank.
9. Any employee who is eligible for Worker's Compensation during the period of
disability shall not be eligible for the use of the Sick Leave Bank.
10. Should the Bank be eliminated, all days accumulated in the Bank shall be equally
divided among the participants.
. 11. Applications to join or withdrawal. time from the Sick Leave Bank may be obtained
from any member of the Sick Leave Bank Committee or the Human Resources Administrator.
Section 9.:6 - Bereavement.
9.6.1. Up to five (5) days leave with pay will be granted by the Town Manager for death
in the immediate family. Immediate family is defined as a spouse, parent, grandparent,
grandchild, brother, sister, son, daughter, mother-in-law, father-in-law, daughter-in-law or son-
in-law.
9.6.2. One (1) day leave with pay will be granted to any employee to attend the funeral
or other memorial service of other members of his/her family defined as aunt, uncle, sister-in-
law, brother-in-law, niece or nephew.
9.6.3. This benefit is available to all regular full time and regular part time employees
who work twenty (20) hours or more per week
pe ed 9.6.4. The Town Manager may extend grant the bereavement/emergency leave beyond
what is permitted in 9.6.1, 9.6.2 or 9.6.3 above. This leave will be granted only for extraordinary
circumstances where such an extension is warranted. Such an extension will not set a precedent
in any other case and denial of such a request is not subject to appeal.
Section 9.7 - Military Leave:
Employees who are regular employees and who serve in the Armed Forces of the
Commonwealth, or as members of a reserve component of the Armed Forces of the United
States, under orders, will be allowed the difference between base pay they receive for such
service and their regular rate of compensation from the Town, in performance of the member's
annual active duty for training requirements (e.g., the 2 or 3 week annual encampment).
Employees shall be entitled, during times of service in the Armed Forces of the
Commonwealth or during tours, of duty as members of a reserve component of the Armed Forces
of the United States, to be released from work, without compensation, in order to attend assigned
23
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weekly and week-end drills which require absence from normally scheduled work tours. Such
absence for military duty must be in response to Federal or State authority; i.e., competent oral or
written orders. Such releases from work shall not affect leaves of absence or vacation with pay,
and employees shall receive the same leave of absence or vacation with pay given other
employees or officials.
The Town, at its option, reserves the right to require the reservist to present written orders
or suitable military documentation to support the military absence. Active (drilling) reservists
are required to present their annual (or semiannual) unit training calendar to their supervisor
within thirty (30) days of its publication. The employee will confirm his/her request for such
military absence in accordance with existing Town policy for all other absences. In that all
military absences cannot be forecasted so as to enable the reservist to comply with the Town's
policy of advance notice, a reasonability standard will be applied. The reservist is required to
give such reasonable notice, assuming he/she. has been sufficiently informed by his/her military
unit.
Military absences in performance of the monthly inactive duty drills and the annual
active duty for training requirement will not diminish the employee's right to normally accrued
sick and annual leave/vacation with pay, or any other benefit incident or advantage of
employment. Additional short term absences will be in an approved leave without pay status,
and as such will be in accordance with Town policy for all employees in such leave without pay
status. If the employee desires to maintain his/her insurance benefit package, he/she may do so
at his/her option by paying both his and the employer's shares (contribution). In the event the
insurance benefits are suspended during the military absence, they will be re-instituted
immediately upon the employee's return to paid work status.
Employment seniority for retirement purposes and benefits will not be decreased due to
military absences in compliance with competent military authority. Military absences served in
the capacity of active duty (per 10 USC), as a member of the active forces, are limited to a
cumulative total not to exceed five (5) years. Active military service in excess of five (5)
cumulative years denies the employee the statutory protection of the Federal Act protecting
reemployment rights of returning veteran (38 USC, Ch. 43).
Section 9.8 - Jury Service:
Any employee shall be allowed leave to fulfill jury duty. If the jury fees, exclusive of
travel allowances, received by said employee for such jury duty shall be less than the regular pay
received by him from the Town, the difference between said fees, and regular pay shall be paid
to such employee by the Town. However, as a condition to receiving such payment, the
employee agrees that if discharged for a reasonable portion of regular work hours, the employee
will report to his/her supervisor for such work as may be assigned. An employee performing
such jury duty and who desires the benefits of this section may be required to present weekly to
the Department Head a certificate by the Court or a duly authorized representative as to the time
spent by the employee in such jury duty during such week.
Section 9.9 - Family and Medical Leave Act:
The provisions of the Federal Family and Medical Leave Act (FMLA) entitle an
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The Feder-al. Govemment passed the Family and.Mediea4 Leave Aet of 1993, Whieh
Fe"iFOS the TWA% to grant-an eligible employee up to tvl,elve (42) wadewee unpaid leave
during any twelve (12) month period for one or more of the following reasons:
1 n + l r e* The birth of a son or daughter and the care of the newborn child;
2, tiv~ l ~ The placement with the employee of a son or daughter for adoption
or foster care;
3. Family =mil T eave-. To care for the employee's spouse, son, daughter or parent
with a serious health condition;
4. Personal ra di ' Leavel. Because of a serious health condition that makes the
employee unable to perform the essential functions of his or her job;
5 A qualifying exigency (need) arising out of the fact that the employee's spouse,
son daughter, or parent is a covered military member of the National Guard and Reserves
on active duty (or has been notified of an impending call or order to active duty) in support
of a contingency operation;
G Military caregiver leave (i.e. covered service member leave) to care for a service
_member with a serious injury or illness incurred in the line of duty on active duty. Eligible
are
employees who are the spouse, son, daughter, parent, next of kin (closet blood relative),
entitled to a special leave entitlement of up to 26 weeks to care for a covered service
member during a single month period,
Leave qualifying as FMLA may either be requested by the employee or will be
designated as FMLA leave by the Town when it appears that the reason for the leave fits
the Family and Medical Leave Act.
9 9 2 Definitions - The following definitions apply to this Article:
1 Eligible Employee: An employee who has worked for the Town at least twelve
months consec jtive or non-consecutive provided that the break in service does not exceed
seven years unless due to National Guard or Reserve military service obligations), and has
actually worked 1,250 hours (including paid vacation and sick leave) during the 12 month
period immediately before the date when the leave is requested to commence.
b
t least tw
ed for- a
l
elve (!2) menths
een em
+ Those who have
d
id
.
p
oy
250 houfs
t 1
t l
ineluding paid N,a--';-.
of sen4ee
e
# q1osewhe have pr-av
,
a
eas
,
2 9-9-2 'i rt of Twelve (12) Month Leave Period - The twelve (12) month period
used for determining an employee's twelve (12) week FMLA leave entitlement will be a "rolling"
twelve (12) month period measured backward from the date the employee begins the use of
FMLA leave. The employee should submit a written request prior to the start of the FMLA
leave.
3 .'Covered Service Member: A current member of the armed forces, including a
member of the National Guard or Reserves, who is undergoing medical treatment,
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recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary
disability retired list, for a serious injury or illness.
4 Qualifying Exigency: Must be one of the following: a) short-notice deployment, b)
inilitary events and activities, c) child care and school activities, d) financial and legal
arrangements, e) counseling, f) rest and recuperation, g) post-deployment activities, h)
additional activites that arise out of active duty, provided that the employer and the
employer and the employee agree including agreement on timing and duration of the
leave.
5 Serious Health Conditions: An illness, iniui-y, impairment or physical or mental
condition that involves: a) incapacity or treatment as an in-patient in a hospital, hospice, or
residential medical care facility, or b) incapacity caused by a health condition requiring
absence from work, school, or other regular daily activities for more than three calendar
days and requiring two visits to a health care provider, with the first visit within seven days
of the onset and a second visit within 30 days of the capacity, or c) incapacity or continuing
treatment by a health care provider for a chronic or long-term health condition requiring
periodic health care visits for treatment (at least twice a year), or d) incapacity due to
pregnancy or prenatal care, or e) incapacity that is permanent or long-termdue to a
condition for which treatment may not be effective, or f} absences to receive multiple
treatments for a condition that likely would result in an incapacity of more than three
consecutive days if left untreated.
9.9.3 - Health Insurance Continuation - The Town will maintain health plan coverage
for any employee who takes FMLA at the same level and conditions that would have applied if
the employee had not taken leave. The employee must continue to pay his or her share of this
coverage, either through payroll deduction or over the counter in the Treasurer's Office. If the
employee fails to return to work following the expiration of the period of FMLA leave, the
employee will be obligated to pay to the Town the entire Town contribution to the employee's
medical insurance plan for the entire period of FMLA leave, except in certain limited
circumstances required by law.
9.9.4 - Benefits - The employee will not accrue any vacation time, sick leave, holidays,
personal leave, floating holidays, clothing allowance, seniority, bereavement leave or other
benefits during any unpaid part of leave. After returning from FMLA leave, however, he/she
will receive all vacation time, sick leave, seniority and other benefits for which he or she was
eligible prior to the start of the leave.
9.9.5 - Guarantee of Job - The employee will be able to return to his or her prior
position or a position with equivalent benefits, pay and other terms and conditions of
employment. An exception to this guarantee is that the highest paid ten percent (10
employees of the Town may be notified that their leave, or the continuation of their leave, would
cause grievous economic injury to the Town and cannot be granted. If one of these employees
elects not to return to work after such a notice, the Town may then deny later reinstatement.
9.9.6 - Limits - The following limits will apply to the leave granted under this Article:
1. Leave for the birth or placement of a child expires at the end of the twelve (12) month
period beginning on the date of such birth or placement;
2. Leave for the birth or placement of a child or placement of a child for adoption or
foster care may not be taken intermittently;
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3. Leave for the birth or placement of a child or to care for a sick parent may be limited to
a total of twelve (12) weeks when both a husband and wife work for the Town and are eligible
for leave;
4. A son or daughter for whom family medical leave may be taken is one under 18 years
of age or one who is incapable of self care because of mental or physical disability;
5. A son or daughter includes an adopted, foster or stepchild, a legal ward or a child of a
person standing in loco parentis;
6. A parent includes biological or adoptive parents of an employee, or a person who
stands or stood in loco parentis 4o an employee;
7. Spouse means a husband or wife under the Laws of the Commonwealth of
Massachusetts;
8. The Town shall require the employee to substitute paid accrued vacation, floating
holiday or sick leave for leave available under the Act;
9. Under this policy, an employee can only substitute paid sick leave for his or her own
leave because of a serious health condition and not for that of a spouse, son, daughter or parent,
except that which is allowed for family illness in Section 9.2;
10. A-n illness, if~, impai ment oi: physioal or- - mental eondition giat involves either.-
e ion;
11. When medically necessary, leave for a serious health condition may be taken
intermittently; the.Town may require an employee to provide certification for intermittent leave
for planned medical treatment indicating the timing and duration of treatment. Also, the Town
may require the employee to transfer to a position with equivalent pay and benefits which may
better accommodate recurring periods of leave;
12. The Town may require thirty (30) days notice of planned medical treatment, or such
notice as is practicable;
13. The Town may require proof from a health care provider of a serious health condition
of a family member or employee, to include:
(a) The date on which condition commenced;
(b) The probable duration of the condition;
(c) The appropriate medical facts about the condition within the knowledge of
the health care provider;
(d) Either a statement that the employee is needed to care for a family member
or that the employee is unable to perform the functions of his or her position;
(e) In the case of intermittent or reduced leave for planned medical treatment, the
dates on which treatment is scheduled and its expected duration;
14. The Town may require the employee to obtain the opinion of a second health care
provider of its choosing; a third opinion may also be sought which is to be approved by
both parties and which is binding. The Town will pay for these opinions;
15. The Town may require recertification of the serious health condition during a leave,
and may require an employee to report on his or her status and intention to return to work;
16. An employee must supply the Town with a fitness for duty note from a health
care provider before a return to work from a serious health condition.
Section 910 - Leaves of Absence other than FMLA Leave:
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The Town Manager may grant leaves of absence, other than leave under the Family
Medical Leave Act leave, for good cause without pay to all employees. In reviewing requests for
leave, consideration shall be given to:
1. The nature of the reason;
2. The employee's work record;
3. Impact on operation of the Town.
The leave may be immediately canceled if the employee unilaterally does not comply
with the terms of the leave agreed upon.
All requests for leave must be in writing, and a recommendation by the Department Head
in writing is required.
The period of absence in excess of thirty (30) days shall not be included in an employee's
time of continuous service in determining seniority, longevity and determining vacation.
The rate of pay for an employee returning from a leave of absence shall be the applicable
pay for the same position which the employee held immediately prior to the leave, if the
employee is returning to the same position.
Benefits will not accrue during a leave of absence in excess of thirty (30) days.
Specifically, no paid holidays, vacation, floating holidays or sick leave will accrue.
The Town will not make any payment toward an employee's health or life insurance
plans for the period of the leave in excess of thirty (30) days. Employees have the option,
however, of maintaining their coverage after the thirty (30) day period by paying the full
premium cost. The Treasurer's Office must be notified by the employee if coverage is desired so
that the premium cost can be paid directly by the employee for the period of the leave.
Section 9.11- Small Necessities Leave Act
The Small Necessities Leave Act provides up to twenty-four (24) hours of unpaid leave during
any 12-month period to an eligible employee for the purpose of:
1. participating in school activities directly related to the educational advancement of
the employee's child, such as parent-teacher conferences or interviewing for a new
school;
2. accompanying the employee's child to routine medical or dental appointments, such
as check-ups or vaccinations; and
3., accompanying an elderly relative of the employee to routine medical or dental
appointments and appointments for other professional services related to the elder's
care, such as interviewing at nursing or group homes.
This leave is in addition to any leave the employee may be entitled to under the
Family and Medical Leave Act (FMLA).
9.11.1 Eligibility - The following shall be conditions for eligibility under this Section:
♦ Those who have been employed for at least twelve (12) months;
♦ Those who have provided at least 1,250 hours of service, including paid vacation
and sick leave in the twelve (12) month period prior to the leave request.
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9 11 2 Timing of Twelve (12) Month Leave Period - The twelve (12) month period
used for determining an employee's 24 hours of leave entitlement will be a "rolling" twelve (12)
month period measured backward from the date the employee begins the use of the leave.
9.11.3 Limits - The following limits will apply to the leave granted under this section:
1. An employee is required to provide his/her employer with at least seven (7) days
notice when the need for leave is foreseeable. If the need for leave is not foreseeable, the
employee is required to provide the employer with such notice as is practicable under the
circumstances.
2. The Town shall require the employee to substitute paid accrued vacation, floating
holiday or sick leave for any of the leave available under this Act. However, an employer is not
required to provide paid sick leave in any situation in which the employer would not normally
provide such leave.
3. An employee may take leave under this Act on an intermittent or reduced leave basis.
Section 9.12 Holidays:
9.12.1. All regular full time and regular part time employees who work twenty (20) or
more hours per week shall be entitled to the following eleven (11) holidays with pay when they
fall within the regular work week:
New Year's Day Memorial Day Veteran's Day
Martin Luther King Day Independence Day Thanksgiving Day
President's Day Labor Day Christmas Day
Patriot's Day Columbus Day
9.12.2. At the beginninp, of each calendar year the Town will notify employees_ on
which week day a holiday will be celebrated if it is scheduled to fall on a weekend day. If-a
holiday Rills en SatuFday, it will be eelebrated on the preeoding Friday and if a holiday should
falls on a Sunday it will be celebrated the fellewing Men
9.12.3. In, the event a non-exempt employee is required to work on a Town-recognized
holiday, he/she shall be compensated for the number of hours worked at double time. In the
event an exempt employee is required to work on a Town-recognized holiday, he/she will be
given an alternative day off within twenty eight (28) calendar days at the convenience of the
Department.
9.12.4. A "floating holiday" is a day off to be taken at the employee's discretion with the
prior approval of the Department Head. Each employee will be given two (2) floating holidays
per calendar year, and the holidays must be used in that calendar year. A floating holiday will
not be available to an employee during his/her probationary period.
9.12.5. In order to qualify for paid holidays, an employee shall have been employed on
the last regularly scheduled work day prior to, and the next regularly scheduled day following
such holiday.
9.12.6. An employee who is not scheduled to work on the day of a holiday shall take
holiday time on one of his/her regularly scheduled days that week.
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9.12.7. Any employee hired after May 31St and who has completed the probationary
period before Jan 1St may carryover the prorated floating holiday hours into the following year to
be used by June 30tH
Section 9.13 - Vacations:
Paid vacations are available to all regular full time and regular part time employees who
work twenty (20) or more hours per week. The following applies to all non-exempt employees
as defined in Section 3.6.5. All exempt employees, as defined in Section 3.6.4, will be
eligible for one more additional vacation week than described in Sections 9.13.1 through
9.13.5 below. See the chart below.
9.13.1. Vacation shall accrue at the rate of 5/6 days per month for the remaining portion
of the calendar year in which the employee is hired. Thereafter, vacation will be advanced to an
employee on January 1 for the entire calendar year. No paid vacation will be taken during the
probationary period.
9.13.2. Two (2) weeks' vacation with pay will be advanced to all regular employees
beginning January 1 after their employment.
9.13.3. Three (3) weeks' vacation with pay will be advanced to all regular employees
beginning on the date of completion of their fifth year of continuous service. On January 1 of
the year in which the completion of the fifth year of continuous service is to be met, the vacation
advanced will be the two (2) weeks earned plus the prorated amount of the third week earned
that year.
9.13.4. Four (4) weeks' vacation with pay will be advanced to all regular employees
beginning on the date of completion of their tenth year of continuous service. On January 1 of
the year in which the completion of the tenth year continuous service is to be met, the vacation
advanced will be three (3) weeks earned plus the prorated amount of the fourth week earned that
year.
9.13.5. A fifth week of vacation with pay will be phased in for all regular employees who
have completed their twentieth year of continuous service. On January 1 of the year in which the
completion of the 20th, 21st, 22nd, 23rd or 24th year of continuous service are to be met, one (1)
additional day each year of vacation in addition to the four (4) weeks previously earned will be
advanced so that upon the completion of the 24th year of service, a total of five (5) weeks of paid
vanatinn uAll hp- Parneri
VACATION SCHEDULE FOR ALL ELIGIBLE EMPLOYEES
NUMBER OF VACATION DAYS
COLUMN A
d tha
All „ "i"
t li
COLUMN B
h f ;
D„s;ti
li
t
d i
sh
ons no
ste
s
e e
ens
e
n
f
Completed years o
employment
Non-Exempt Em to ees
Exempt Em to ees
0-4
10
15
5-9
15
20
10
20
21
11
20
22
12
20
23
44
30
63 ~
2
13
20
24
14
20
25 (maximum)
15 -19
20
20
21
21
22
22
23
23
24
24
25 (maximum)
9.13.6. The Town Manager may set a different vacation schedule based upon
relevant years of service with another municipality, the Commonwealth of Massachusetts,
or in the private sector.
9.13.6:7. Vacations must be taken within the calendar year. An employee advanced up to
three (3) weeks vacation may elect to carry over one week of vacation into the next calendar
year. An employee advanced four (4) weeks or more vacation may carry over up to two (2)
weeks of vacation into the next calendar year. Any vacation carried over must be taken by June
30th of the next calendar year. All carry over must have prior approval of the Department Head.
9.13.7-A.Vacations are scheduled under, the direction of the Department Head at the
convenience of the Department.
9.13.&9. If a holiday falls within the vacation period, one day will be added to the
vacation.
9.13, 9.Vaeatien will not be gr-aRted in less than one (1) day inefements unless appy-o
b the Dapart,,,o,,t Tjopd-
9.13.10.Whenever the employment of a person is terminated during the year by dismissal
through no fault or delinquency on his/her part, or by resignation in good standing, retirement or
death, he/she or his/her estate shall be paid at the regular rate of compensation payable at the
termination of employment, an amount in lieu of earned but unused vacation.
9.13.11.An employee who terminates employment with the Town and who has taken
vacation in excess of that which has accrued (determined on the monthly accrual basis referred to
in 9.13.1) must compensate the Town for the excess vacation either directly or by withholding
from paychecks. Employees who are retiring and give at least six (6) months notice will be
entitled to the full year's paid vacation without pro-ration. This option is available only once. If,
after giving six (6) months notice, an employee decides not to retire, the employee may not take
advantage of this option again.
Section 9.14. Group Health and Life Insurance Benefits
The Town complies with State Law regarding group health and life insurance. The Town
will provide and may amend a package of group health and life insurance benefits to its regular
full time and regular part time employees who work twenty (20) or more hours per week.
Employees have a right to choose from among available medical benefits or may decline such
benefits.
The benefit plan, if any, in effect for each employee at the time of retirement shall be the
plan to which the employee is entitled. The Town recognizes the validity of a coalition
bargained agreement dealing with the subject of group health and life insurance, and the Town
and its employees recognize that, unless there is a change in State statutes to the contrary,
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they are bound by this agreement as it may be modified through the coalition bargaining process
from time to time.
Section 9:15. Employee Awards:
The Town may establish and operate, in accordance with Chapter 40-5-43 of the Laws
of the Commonwealth, an Awards Program for Reading Town Employees to provide for the
recognition of outstanding performance by an employee(s) as follows:
1. In making suggestions that result in cost savings to the Town, or providing better
service to Town residents;
2. Act of bravery or heroism;
3. Development of a more efficient manner of performing required jobs;
4. Provision of outstanding service to the Town or its residents;
5. Accomplishments of an outstanding nature in the employee's profession;
6. Other similar areas that shall be determined from time to time.
The Reading Employee Awards Committee (REAC) shall consist of the Town Manager;
one employee from each.department appointed by the Town Manager for staggered three (3)
year terms, and a member of the Board of Selectmen appointed by the Board for a one (1) year
term. The REAC shall also administer special employee awards as may be established.
Receipt of an employee award shall be entered in the employee's permanent personnel
record.
Section 916 Employee Assistance Program:
The Town of Reading may offer its regular employees and/or their immediate families an
Employee Assistance Program hereafter known as "EAP". The goals of this program are:
1. To retain valued employees;
2. To restore productivity through early identification of personal problems; and
3. To motivate employees to seek help with life management problems.
The EAP consists of an outside counseling group retained by the Town to provide
professional counseling and referral services. Their trained personnel can quickly assess an
employee's problem, provide short-term counseling and/or referral and follow-up services until
the problem is resolved.
Talking to an EAP counselor is free. Costs occur to the employee only if professional
help is recommended by the counselor. Most professional services will be covered, either
partially or totally, by the employee's existing health insurance.
Information on the EAP will be posted prominently, will be available in all Town
buildings, and will be available from Department Heads and the Personnel Human Resources
Division.
An employee's private life is not the concern of the Town. However, when an employee's
personal life problems and stress begin to affect his/her job performance or attendance, the
matter becomes a justifiable concern of the Town. '
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When an employee's job performance is impaired, normal supervisory assistance will
serve as the motivation by which employee's job performance will return to an acceptable level
in most cases. In those cases where normal remedial or supervisory assistance does not correct
performance problems, outside or personal problems may be the cause.
The Town encourages all employees experiencing physical illness, mental or emotional
distress, financial hardships, marital or family difficulties, substance abuse or addiction, legal
problems or any other concerns, to seek appropriate help. In most cases, identifying the problem
and receiving appropriate assistance will lead to its successful resolution. The Town supports
and encourages employees in their efforts to resolve personal or family problems.
The Town believes an employee's job performance may be affected by the problems of
family members. For this reason, the Town extends the same offer of assistance to the immediate
family of all regular employees.
All contacts with the Employee Assistance Program are completely confidential.
Records are kept at the EAP offices, and may not be released without the employee's written
consent.
The Town's concern with life management problems is strictly limited to an employee's
job performance. Employees are assured that their job security, future reputation or promotional
opportunities will not be jeopardized by participation in the EAP.
Participation in the EAP is, however, voluntary. In cases where a supervisor has
suggested the services of the EAP, the employee may elect not to take advantage of it. Where
disciplinary action has been initiated, such procedures will continue. Disciplinary action may
continue whether or not an employee participates in the EAP. If an employee does take
advantage of the EAP, it still remains the employee's responsibility to meet job requirements.
The EAP is meant to be a positive adjunct for employees, not a way to excuse substandard
performance.
Section 9.17. Employee Development:
It is the policy of the Town of Reading to encourage employee development on the part
of regular full time and regular part time employees when the employee development will enable
them to better perform their current jobs, and when it will prepare them for advancement and
promotion within the Town.
Employee development may include conferences, seminars, non-accredited courses,
accredited college courses, college courses while enrolled in a degree program and enrichment
programs offered by the Town.
In- order to encourage employee development, the Town will pay for costs reasonably
related to the programs included in the definition of continuing education. These costs may
include tuition, registration and books and publications. Parking, mileage. or other transportation,
meals and lodging, if the program is away from the immediate area, will be evaluated on a case-
by-ease basis, and may be paid when the employee development is directly related to the existing
job of the employee and is not part of a degree program.
Attendance at employee development programs is dependent upon the following:
1. The employee must have completed the probationary period;
2. The employee development program must be related to the employee's current job or a
job that can reasonably be expected to be available with the Town in the near future;
3. Adequate appropriation in the Municipal Budget dedicated to employee development;
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4. The Division or Department Head must feel that attendance at the program will not
adversely affect the functioning of the Division or Department in the employee's absence;
5. Application to attend the program must be made in writing and approved by the
Division and Department Head and the Town Manager in advance of the beginning of the
program;
6. The employee must complete the program with a grade of T" or better with
satisfactory completion of the course if the course is ungraded.
An employee development program that is directly related to a current job held by an
employee may be taken during working hours.
Section 9.18. Office Closings:
In extreme cases, the Town Manager may order the closing, late opening or early closing
of non-essential buildings such as the Town Hall or the Library. Such elosings be
a need on leeal radio and television stations, and a Every effort will be made to contact
employees directly either by "telephone trees" or electronic notification. In such instances,
employees will not be charged for the time off, but neither will employees who had already
arranged for paid time off be credited with that time.
In cases of severe weather and driving conditions, the Town will exercise flexibility in
arrival and leaving times, so, long as the time is made up or charged to vacation or floating
holiday leave.
In cases where an employee feels personally at risk due to extreme weather conditions, or
other extreme emergency, and an office closing has not been ordered, the employee may make
up the time or take accrued vacation or floating holiday leave for that day or part of a day that
he/she chooses not to come to work or chooses to leave early.
It is the responsibility of the Department Head to ensure that there is adequate office
coverage at all times when Town buildings are open for business.
Section 9.19. Personal Property:
The Town shall reimburse employees for the reasonable replacement cost of personal
property (glasses, artificial teeth, watches, etc.) which is required by the job and damaged by
accident in the course of employment. Employees should use all reasonable precautions to
prevent loss or damage by accident to personal property.
. ARTICLE 10: DISCIPLINARYACTION
Disciplinary action is the action taken as a result of unsatisfactory performance,
absenteeism, or misconduct by an employee.
Among those actions which may result in immediate suspension without pay, demotion
or dismissal are the following:
1. Absence from duty for one (1) work day or more without notice and/or without
approval of the employee's supervisor. This shall be termed a resignation not in good
standing;
2. Insubordination or serious breach of discipline;
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3. Intoxication or use of alcohol, drugs or controlled hazardous substances while on duty;
4. Chronic or excessive absenteeism;
5. Disorderly conduct while on duty;
6. Breaking of any Town, State or Federal law while at work;
7. Conviction of a criminal act or offense;
8. Negligence, willful damage or private use of public property or of public supplies;
9. Use or attempt to use one's authority or official influence to control or modify the
political actions of any Town employee, or engaging in any form of politicalactivity
during working hours.
This list is for illustrative purposes only.
Action for the offenses listed below will generally be taken in the following order: oral
reprimand, written reprimand, suspension with or without pay, demotion and dismissal. The
Town reserves the right to take any form of disciplinary action, including dismissal, for any
offense depending on the seriousness of the offense, or where it believes the public health,
safety, or welfare warrants other action or where the Town Manager believes other action is
necessary.
1. Neglect of duty;
2. Failure to report to work after authorized leave has expired, or after such leave has
been disapproved or revoked;
3. Incompetence or inefficiency;
4. Willful violation of any statutes, rules, regulations, Departmental regulations, or
policies relating to Town employees.
Oral reprimands may be administered by the Department Head or by the Town Manager.
An employee who is issued an oral. reprimand will be specifically informed of the oral
reprimand, and the Department Head may keep a written notation of the oral reprimand although
that notation will not be kept in a personnel file.
A written reprimand may be issued by the Department Head with a copy to the Town
Manager, or by the Town Manager directly with a copy to the Department Head, and a copy. will
be included in the personnel file.
All other forms of discipline will be administered by the Town Manager upon
consultation with the Department Head. A record of all disciplinary action (except for oral
reprimands) will be included in the employee's personnel file.
Any employee being disciplined shall have a right to be.informed of the charges and
penalties assessed, and shall have a right to discuss these with the Department Head or Town
Manager, whoever is administering the discipline. Appeal from a disciplinary action may be
made in accordance with Article 11.
ARTICLE 11: COMPLAINTS PROCEDURE
All differences, disputes and complaints that may arise between Town employees and
their respective Departments shall be considered at reasonable times during working hours and
handled in the following steps:
35 ,'d7 b$6
49
Step 1- Within seven (7) calendar days following the incident which gave rise to the
complaint, the aggrieved employee may take his/her complaint to the immediate supervisor for
resolution. If the matter is not resolved to the satisfaction of the employee within two (2)
working days, the employee may proceed to Step 2.
Step 2 - Within seven (7) calendar days following the completion of Step 2 1, the
employee may meet with his/her immediate supervisor and the appropriate Department Head to
resolve the complaint. If the complaint is not resolved to the satisfaction of the employee within
seven (7) calendar days, the employee may proceed to Step 3.
Step 3 - Within seven (7) calendar days following the completion of Step 2, the employee
may notify the Town Manager, in writing, of his/her complaint. If the complaint is not resolved
to the satisfaction of the employee within fourteen (14) calendar days, the complaint may
proceed to Step 4.
Step 4 - Within seven (7) calendar days following the completion of Step 3, the employee
may request a meeting with the Board of Selectmen. The meeting shall be held within twenty
eight (28) calendar days of the request. The decision of the Board of Selectmen shall be final and
binding upon all parties concerned.
All differences, disputes and complaints that may arise between Library employees and
their supervisors shall be handled in the manner stated above, except the Board of Library
Trustees shall be substituted for the Town Manager in Step 3.
ARTICLE I2: CONFLICT WITH CIVIL SERVICE AND OTHER
REGULATIONS
Nothing in this Policy shall be construed to conflict with Chapter 31 of the Massachusetts
General Laws.
To the extent that these policies conflict with applicable Civil Service or other
requirements, and the Civil Service or other requirements are binding on the Town, the Civil
Service or other requirements shall apply only to the extent that there is a conflict.
Generally to the extent there is any conflict between the terms of these personnel policies
and the Charter or the By-Laws, the terms of the Charter or the By-Laws shall control. If there is
any conflict between the terms of these personnel policies and any written or collective
bargaining agreement, the terms of the written contract or collective bargaining agreement shall
control only to the extent that there is a conflict.
ARTICLE 13: EFFECT OF INVALIDITY
The invalidity of any section or provision of this policy shall not invalidate any other
section or provision thereof.
ARTICLE 14: EFFECTIVE DATE
This policy is effective as of the date it is approved by the Board of Selectmen. This
policy will not be construed to deprive any person employed at the effective date of this policy of
any promotional right in normal career development, nor change the existing status of any
employee. However, the Town may modify schedules, shifts, squads, or work units to eliminate
any potential for conflict under this policy.
36
Z
50
Original Adoption: December 1988
Revised: December 18, 1990
September 13, 1994
August 26, 1997
December 14, 1999
April 15, 2003
The following schedules are available from the Human Resources Administrator.
Schedule A-1, Classification Plan
Schedule 13- 1, Compensation Plan
Schedule A-2, Classification Plan - Seasonal Employee
Schedule B-2, Compensation Plan - Seasonal Employee
37
~b
51
Health Insurance Update - July 21, 2009
Enrollment
HMO
PPO
Medex
June'07
1,168
586
176
406
June'08
1,186
600
162
424
June'09
1,182
618
145,
419
Revised
1,196
590
184
422
Monthly Town premiums
Change 14 (28) 39 3
Increase of 14 enrolled plus shift of 28 net from HMO to PPO. New costs of HMO vs PPO are much closer to each other
Budget 1,185 618 147 420
Revised 1,196 590 184 422
Change 11 (28) 37 2
Impact on FY10 Budget
Savings expected to more than offset additional costs listed above, even after school enrollment period in September.
Excess funds should be available for November Town Meeting.
Savings vs budget
(general fund only)
With unchanged enrollment: 320,000
New enrollment & migration impact (130,500)
surplus 189,500
52
Page 1 of 1
Schena, Paula
From: Hechenbleikner, Peter
Sent: Thursday, May 21, 2009 5:00 PM
To: Schena, Paula
Subject: FW: BCC Appointments
jq~ o~
k uw4
ftp' P
From: Rees, Mark [mailto:mrees@townofnorthandover.com]
Sent: Thursday, April 30, 2009 10:42 AM
To: Hechenbleikner, Peter'
Subject: RE: BCC Appointments
Hi Peter, the way it works in North Andover, is that two Selectmen sit on the Appointments Subcommittee and
they interview, along with me, all applicants for board positions, both those boards appointed by me and those by
the Board of Selectmen. The reason why they interview my appointees is that the Board of Selectmen must
confirm my appointments. After the interviews, the three of us reach a consensus on who should fill the
openings. At the next full Board of Selectmen's meeting, the appointment subcommittee recommends the they.
board those individuals who they want to fill slots on Selectmen's boards and after I make my appointments, y.
recommend to the full board that they confirm those appointments. Since this system has been in place the full
board has never voted not to appoint someone recommended by their appointments subcommittee so I would
have to say the process works pretty well. Hope this is helpful.
Mark
Mark H. Rees
Town Manager.
Town of North Andover
120 Main Street
North Andover, MA 01845
email: mrees(a7townofnorthandover.com
Phone: 978-688-9510
Fax: 978-688-9556
From: Hechenbleikner, Peter [mailto:phechenbleikner@ci.reading.ma.us]
Sent: Wednesday, April 29, 2009 11:56 AM
To: Rees, Mark
Subject: BCC Appointments
Mark- I understand that N. Andover has a process of using a Board of Selectmen subcommittee to screen
applicants for appointment to volunteer Boards, Committees, and Commissions.
Is this the case? If so, what can you tell me about how this is done and how it works. One of the concerns
among our Selectmen is that they give up some of their authority to a subcommittee to make the appointments.
Pete
~7j 1
53 5/22/2009
Page 1 of 1
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s : f)?S,k. o Ky..h'1151-Q.1 . Category:
Finance, Budget, Procur
Subject:
Appointment of Boards, Committees, Commissions
Peter Hechenbleikner In Reading the BOS appoints most BCC. This takes a huge amount of time at their June Question:
Posted on - meetings. Does anyone have a streamlined process for accomplishing this task - we have
5/27/2009 7:49:50 AM 47 different BCC.
Category:
Management, Ethics,
Committee/Board Relations Ask NetQA,'.
Submit Answer - Subscribg jLnst.jbscrjba k'ubiiste Documq
Discussion History:
On 5/27/2009, Libby Gibson answered: v d"1
t'rn not sure how much time this saves, but Nantucket has about the same # of B's, C's & C's we have a "Committee
Interest Form" that all applicants are supposed to complete (it's on our website), we advertise (in the paper & on the I Policy on Placement
website) for applicants starting around March, and we have 2 public hearings a week apart (one for the "Ist batch", one for r oft Tow),Property
the 2nd) at the end of May/early June (we have #1 tonight) at which the applicants introduce themselves and sometimes
questions are asked of them (I keep trying to get the Board to ask "Have you ever attended a meeting of the xyz AssistantTuviiNdnl
Committee';). Then, at the last meeting in June, the actual appointments are made by the Board via paper ballot. Until the
Board got used to the paper ballot method, we did the appointments in 2 batches also. Now, we do all of them at the regular . cemetery Managenu
weekly meeting and it goes surprisingly quickly,
Middle School pmsei
r y f li-1c) agh
k Questions from ALL ca
2J Z
54 http://netga,org/MMMA/ cs/GNQuestionDetail.aspx?ggid=93&h=l&sSessionID=&uem 6/17/2009
Page l of 1
Schena, Paula
From: Hechenbleikner, Peter
Sent: Wednesday, May 27, 2009 1:33 PM
To: Schena, Paula
Subject: FW: A New Response Has been Posted: Appointment of Boards, Committees, Commissions
Please collect these responses as we get them.
P
.
From: MMMANet Support [mailto:support@webga.net]
Sent: Wednesday, May 27, 2009 11:33 AM
To: undisclosed-recipients
Subject: A New Response Has been Posted: Appointment of Boards, Committees, Commissions
Dear Member,
A new response to a question in your area of interest has been posted. Please click the link below to view the question and
responses.
Thank you for using MIWAANet!
Thread:
Peter Hechenbleikner Asked the Following On 5/27/2009 7:49:50 AM:
Title: Appointment of Boards, Committees, Commissions
In Reading the BOS appoints most BCC. This takes a huge amount of time at their June meetings.
Does anyone have a streamlined process for accomplishing this task - we have 47 different BCC.
On 5/27/2009, Libby Gibson answered:
I'm not sure how much time this saves, but Nantucket has about the same # of B's, C's & C's we
have a "Committee Interest Form" that all applicants are supposed to complete (it's on our website),
we advertise (in the paper & on the website) for applicants starting around March, and we have 2
public hearings a week apart (one for the "1 st batch", one for the 2nd) at the end of May/early June
(we have #1 tonight) at which the applicants introduce themselves and sometimes questions are asked
of them (I keep trying to get the Board to ask "Have you ever attended a meeting of the xyz
Committee?). Then, at the last meeting in June, the actual appointments are made by the Board via
paper ballot. Until the Board got used to the paper ballot method, we did the appointments in 2
batches also. Now, we do all of them at the regular weekly meeting and it goes surprisingly quickly.
Click I1ere to -view Response
Powered by GovQA - Worldwide provider of Knowledge Networks and Citizen Action Centers - visit us at
www WebOA.net
2,J 3
55 5/27/2009
Page 1 of 1
Hechenblefter, Peter
From: bounce-219537-6882576@listserv.state.ma.us on behalf of Lusardi, Meg (ENE)
[Meg.Lusardi@state.ma.us]
Sent: Friday, July 10, 2009 4:33 PM
To: Town Manager
Subject: FW: Planning Assistance to Qualify as a Green Community Launched for Municipalities
Application for Planning Assistance to Meet Green Communities Qualification Criteria
Now Available
The Application for applying for planning assistance to meet the Green Communities qualification criteria is now
posted on the Green Communities website (www.mass.gov/energy/greencommunities). This assistance will be
provided in the form of expert- consultants who will work with municipalities to develop a plan to meet all of the
qualification criteria and achieve designation as a Green Community. Meeting these criteria will qualify
municipalities for future grant rounds of up to $10Million annually to fund municipal energy efficiency and
renewable power projects. The application is due August 7th
Along with the application, the Final Qualification Criteria is also posted.
The Application can be directly accessed here: http://www.mass..goy/EoeeajdocsJdoer/gca/GC%20(~lannin$%
20Assista nce%2OAppl ication%20%20071009.pdf
The Final Criteria can be directly accessed here: http;./(www..mass..gov/EaeeaJdo,cs/doelgca/FINA,L_I_o20GC%.
20Qual%2OCriteria%2071009.pdf.
Meg Lusardi, Deputy Director
Green Communities Division
Massachusetts Department of Energy Resources
1.00 Cambridge Street, Suite 1020, Boston, MA 02114
Ph: 617.626.7364 Fax: 617.727.0030
http l/www.mass. o dger_.
r A #fn.!a
Creating a Greerper Energy r-ut ure For the Conimanvirealth
5 6 7/15/2009
PROGRAM OPPORTUNITY
NOTICE
i GREEN COMMUNITIES GRANT
y w . PROGRAM
DEPARTMENT OF ENERGY RESOURCES PLANNING ASSISTANCE
,s
Tr' T"
. v
ci,.:~ s rou ~ _
DATE ISSUED: JULY 10, 2009
APPLICATION DEADLINE: 5 PM, August T, 2009
The Green Communities Division is pleased to announce the availability of planning assistance for
communities wishing to be designated as Green Communities.
INTRODUCTION
The landmark Green Communities Act signed into law by Governor Patrick in July 2008 created the
Green Communities Division within DOER to serve as the hub for all cities and towns on all matters
related to energy. Along with the Division, the Green Communities Act established the Green
Communities Grant Program, providing up to $10,000,000 annually in grant funding to cities and
towns that meet five specific criteria. The grant program will fund energy efficiency and renewable
energy activities. The five criteria include:
1. Provide for the as-of-right siting of renewable or alternative energy generating facilities,
renewable or alternative energy research and development (R&D) facilities, or renewable or
alternative energy manufacturing facilities in designated locations.
2. Adopt an expedited application and permitting process under which these energy facilities may
be sited within the municipality and which shall not exceed 1 year from the date of initial
application to the date of final approval.
3. Establish an energy use baseline inventory for municipal buildings, vehicles, street and traffic
lighting, and put in place a comprehensive program designed to reduce this baseline by 20
percent within 5 years of initial participation in the program.
4. Purchase only fuel-efficient vehicles for municipal use whenever such vehicles are
commercially available and practicable.
5. Require all new residential construction over 3,000 square feet and all new commercial and
industrial real estate construction to minimize, to the extent feasible, the life-cycle cost of the
facility by utilizing energy efficiency, water conservation and other renewable or alternative
energy technologies.
Recognizing that cities and towns may need guidance to meet these criteria, the Green Communities
Division is offering planning assistance to eligible cities and towns to aid them in meeting the five
criteria to become a Green Community This planning assistance will be provided through
consultants selected by the Green Communities Division and will include the following tasks:
a. Verify those criteria that have been met
b. Develop an action plan to meet the outstanding criteria by:
57
i. Identifying key staff responsible for each task as well as the necessary resources
ii. Establishing timelines and schedules to complete tasks
iii. Providing draft and model documents for final criteria verification
c. Meet with municipal officials, boards and committees to present plans and answer
questions
d. Produce copies of plans for municipality
ELIGIBILITY
To be eligible for the planning assistance, municipalities must meet the following criteria:
Provide a letter of commitment from the Chief Executive Officer of the city or town to meet
all five criteria within one year of technical assistance award
Has established an energy committee and/or partnership with community energy
organization to address energy issue
Although not an eligibility requirement, Regional applications will be given special
consideration
FUNDING
Green Communities will fund 100% of the consulting services provided under this program.
Consultants have been selected through a competitive Request for Responses (RFR) process based
on background and experience.
Awards will be in the form of consulting services and consultants.
Among the factors considered (but not limited to) in determining grant awards will be need and
regional coverage. Based on available resources and the number of applications received,
communities will be served in the following order of priority:
1. Those who meet 3 of the criteria at time of application
2. Those who meet 2 of the criteria at time of application
3. Those who meet 1 of the criteria at time of application
NOTE: Communities that meet 0 or 4 of the criteria at time of application. may be served based on
availability of funds. Also, priority will be given to regional applications.
As it relates to consultant assignments, DOER reserves the right to make all planning assistance
assignments through this grant program.
PROGRAM ADMINISTRATION
The Green Communities Division will assign all consultants and will oversee the planning assistance
process. Consultants will lead the planning activities and ensure that all tasks are completed within
the established timeframe.
Consultants will be required to schedule a site visit at a time convenient to the municipality. The site
visit shall be completed within thirty (30) business days of the Consultant's receipt of the assignment,
and a report summarizing what the Consultant accomplished with the municipality along with a copy
58
of the municipality's action plan must'be submitted to DOER within (90) business days of the initial
site visit.
Municipalities that receive planning assistance agree to participate fully with the consultants assigned
and to provide information and documents requested by the consultant in order to complete the
assignment.
PROGRAM REPORTING
The Consultant will provide bi-weekly updates to Green Communities for the program period
electronically in a format agreed to by Green Communities.
HOW TO APPLY
Application packages are available through the Massachusetts Department of Energy Resources
Green Communities Website at www.mass.gov/ener.gy/qreen6ommunities. The Application deadline
is August 7, 2009 by 5:00 PM (EDT). Green Communities reserves the right to limit the number of
awardees.
Completed applications may be submitted one of two ways:
HARDCOPY. Green Communities Division
Planning Assistance Program
Attention: Jackie Meyer
100 Cambridge Street, 10th Floor
Boston, MA 02114
ELECTRONICALLY: Jackie. meyer(a7state.ma.us
QUESTIONS CONCERNING THE PON
Requests for clarification or additional information regarding this PON may be submitted via e-mail
using the subject line "Green Communities Grant Program - Planning Assistance" to
cliff .sullivan (a-)state.ma.us You may also contact Cliff Sullivan by telephone at (617) 626-7360.
TIMELINE
Applications available
Jul 10, 2009
Deadline for submitting applications
August 7, 2009
Awards announced
Au ust 14, 2009
Green Communities Grant Program launched
Fall/Winter, 2009
2..e Y
59
k 'j
Y
DEPARTMENT OF ENERGY RESOURCES
GREEN COMMUNITIES
PLANNING ASSISTANCE PROGRAM
2009 APPLICATION
Ann1 1f%AK1'T 1A1C11Dt1AAT1t•1A1
MI~16.IVA171 ~vVl'1•
Municipality
Contact (print)
Street Address
Title
City/Town State Zip Code
Telephone Email
MA
ELIGIBILITY
1. Meets one or more of the following Green Communities Criteria (check each box that applies):
0 As-of-Right zoning for renewable or alternative energy generation, R&D facility or manufacturing
facility (Please attach a copy of the applicable zoning bylaw)
® Expedited permitting process (Please provide evidence of expedited permitting requirement)
M Established energy baseline for all buildings, vehicles and streetlights and commits to reducing
the baseline by 20% over five years (Please provide evidence of energy baseline and policy
on energy reduction commitment)
Procure only fuel efficient vehicles (Please provide evidence of purchasing policy)
Requires all new construction to minimize the life-cycle cost of the facility by utilizing energy
® efficiency, water conservation and other renewable or alternative energy technologies (Please
provide evidence that the BBRS (Board of Building Regulations and Standards) stretch
code has been adopted, or some other standard that minimizes life cycle energy costs
and is enforceable by the municipality for new construction)
2. Letter of commitment to meet all five criteria within one year of technical assistance award (please
attach letter from Chief Executive Officer (Board of Selectmen, Mayor)
3. Has established an energy committee and/or partnership with community energy organization to
address energy issue (please provide minutes, policy, bylaw or other evidence)
60
4. Check the box to indicate regional application
List municipalities represented b regional entit
NOTE: Regional applicant must include letters from the Chief Executive utticer for eacn of the
municipalities listed in this section acknowledging that the regional entity is applying on their
behalf and that they are a party to this application.
AUTHORIZATION
(state your name)
as the hereby
(state your title)
confirm that I am duly authorized to submit this application on behalf of the city / town / regional entity
of and that all information contained in this application is true
and accurate.
Name:
Title:
CONTACT INFORMATION
For more information please contact:
Cliff Sullivan
Green Communities Division
cliff.sullivan(a7state.ma.us
(617) 626-7360
Date:
Applications are due by 5:00pm on Friday, August 7, 2009. Applicants may submit their
applications either as hard-copy or via email.
2 e.'
61
Maureen Nash-Cole
35 Minot Street
Reading, MA 01867
Dear Town Manager, Peter Hecherbleikner:
When I moved to Reading in July 2006, I was concerned about the home I was
purchasing because my back yard abutted an apartment building located on Main Street,
and noticed there was a dumpster next to my fence; but was told there were no problems
with it. Off and on I would notice that the top of the dumpster would be open and would
emit an odor and on windy days trash would blow into my yard. I made numerous
attempts to contact the management company of this Main Street apartment building to
discuss this, and also that children were playing on the apartment property and breaking
my fence, with no response at all. '
I put up with this for a long while thinking there was no hope, and after
discussions with neighbors who shared my same concerns decided it was time to do
something about this. This was a health issue;, rubbish blowing; children playing around
the dumpster; animals living out of iW That is when I contacted the Health Division and
spoke with Inspector Joan Vitale. She was extremely responsive to my concerns, and
made numerous attempts to resolve this situation. In my dealings with Ms. Vitale I°
always felt that she was truly concerned, and would do the right thing. Ms. Vitale then
escalated this situation to Health Services Administrator Larry Ramdin, and it was thru
their joint efforts that finally the situation was resolved.
. Mr. Ramdin handled this situation expeditiously and effectively, and as a resident
of Reading appreciate his efforts. People are sometimes too quick to criticize, and not
quick enough to thank. I would like to thank Inspector Vitale and Administrator Ramdin
for making this community a better place to live!
N
Sincerely, 8
1 ry
Maur en Nash-Cole
cc: Joan Vitale
Larry Ramdin
3Q--
62
Z/~~ 6 0 _S
Schena, Paula:
From: Hechenbleikner, Peter
Sent: Tuesday, July 14, 2009 9:07 AM
To: Andrew Tyler
Cc: Schena, Paula; Kowalski, Carol
Subject: RE: 40R plan meeting
Andrew
Thanks for your email. Initially the entire Business B zoning district was considered.
However, at this time the properties that are most likely to be redeveloped soon are in
the district as proposed. It is the Town's intent to get this part of the Smart Growth
district off the ground, and then to evaluate it and if appropriate, extend it into the
remainder of the Business B zoning district as you describe.
Thanks for your interest and comments.
Pete
1/c Board of•Selectmen
-----Original Message-----
From: Andrew Tyler [mailto:antylerdb@yahoo.com]
Sent: Monday, July 13, 2009 10:15 PM
To: Town Manager
Subject: Fw: 40R plan meeting
Dear S&ir=OA> =OA> I
> am not able to attend the h=
> earing this evening (July 13,=OA> 2009), but would like
> to make one comment=
> .=OA> =OA> I think that having the flexibility that
> appears to be=OA> allow=
> ed under this plan is a good thing for the town.=OA>
> However, I am curious =
> why the District as proposed fails to=OA> incorporate
> Main Street. It would=
> seem to me the existing=OA> line on its eastern side
> should extend south t=
> o include the=OA> east side of Main St., then turn west,
> along Washington S=
> t.,=OA> to join the currently proposed boundary. If the
> existing=OA> reside=
> ntial housing poses a problem on green st., and the=OA>
> west side of Ash St=
> then the line can be drawn around=OA> this. I would
> point out that a cer=
> tain amount of=OA> pre-existing residential property is
> alrady withni the=
> =OA> boundaries of the proposed district.=OA> =OA>
> This change would add th=
> e benefit of flexibility on the=OA> property on Main
> St., currently single =
> story businesses,=OA> much like the property on Haven
> St., and would obviat=
> e the=OA> need for re-zoning at a later date.=OA>
> =OA> Sincerely=OA> =OA> A=
> ndrew Tyler=OA> 14 Berkeley Street=OA> Reading=OA>
> =OA> =OA> =OA> =A0 =A0 =
> =A0 =OA> =OA=0A=0A
1
36
63
Page I of 4
~C /
'5aS
Schena, Paula
From: Hechenbleikner, Peter
Sent: Tuesday, July 14, 2009 2:57 PM
To: Reading - Selectmen; Schena, Paula
Subject: FW: Howard/Lewis Street drainage ditch and the upcoming West Street project
Attachments: 127 howard.pdf
I/c Board of Selectmen
From: Zambouras, George
Sent: Tuesday, July 14, 2009 12:01 PM
To: Hechenbleikner, Peter; Zager, Jeff; DeBrigard, Mike
Subject: RE: Howard/Lewis Street drainage ditch and the upcoming West Street project
Peter
Mr. Lessard was in our office last the end of last week, requesting info about the West Street project relative to
the impacts on the swale on his property.
I explained the project replaces the drainage systems discharge pipe at the edge of Howard and that no work is
planned within the swale. I also informed him that the project will have negligible effects on the swale, with
respect to increase flows and that our consultant is preparing additional information requested by the Commission
regarding drainage flows that will finalized shortly.
He also is requested to have the drainage swale dredged and cleaned of debris. I informed him that I would look
at the swale to determine what work is needed and see what the Town could do under our maintenance program.
I have enclosed a copy of the area and # 127 is three houses down from the end of the West Street project. His
property is a pork chop lot and his rear property line abuts the wetland and swale downstream of the projects
discharge point on Howard Street.
From our quick review we do not have any drainage easements to allow access for maintenance; staff will need to
verify if any easements exist. If easements do not exist we would need to obtain easements to permit DPW to
perform any maintenance. Since a good portion of the swales flow is from roadway drainage we should get
permanent drainage easements from all the property owners adjacent to the swale.
I will forward addition information as soon as we have a chance to review the site further.
George J. Zambouras, P.E.
Town Engineer
781-942-6683
781-942-5441(fax)
Email: gzambouras@ci.reading.ma.us
From: Hechenbleikner, Peter
Sent: Monday, July 13, 2009 10:56 AM
To: Zager, Jeff; DeBrigard, Mike
Ccc Zambouras, George
Subject: RE: Howard/Lewis Street drainage ditch and the upcoming West Street project
I also have some sense that we do not even have an easement?
3G t
64 7/14/2009
Page 2 of 4
From: Zager, Jeff
Sent: Monday, July 13, 2009 10:43 AM
To: DeBrigard, Mike
Cc: Zambouras, George; Hechenbleikner,'Peter
Subject: FW: Howard/Lewis Street drainage ditch and the upcoming West Street project
Mike:
Can you fill me in with any history at all on this?
Have we ever done any drainage maintenance work in this area or have anything scheduled?
Want to take a field trip out there with you.
Let me know!!
Thanks,
Jeff
From: Hechenbleikner, Peter
Sent: Monday, July 13, 2009 8:45 AM
To: Zager, Jeff
Subject: FW: Howard/Lewis Street drainage ditch and the upcoming West Street project
From: Hechenbleikner, Peter
Sent: Monday, July 13, 2009 8:44 AM
To: Leo Lessard; Town Manager
Cc: Reading - Selectmen; Zambouras, George; jzagar@ci.reading. ma. us; Kowalski, Carol;
luisa.paiewonsky@mhd.state.ma.us
Subject: RE: Howard/Lewis Street drainage ditch and the upcoming West Street project
Mr. Lessard
Thanks you for your email. I will ask the DPW to review your concerns.
Just as an aside, I am not aware of any hearings scheduled for the West Street project that were cancelled or not
held as advertised. I believe that the Conservation Commission has continued the current on-going hearing at
least once, which is not an unusual practice.
We will be back in touch with you after I have had a chance to have DPW review your concerns.
Pete Hechenbleikner
From: Leo Lessard [mailto:leolessard@comcast.net]
Sent: Saturday, July 11, 2009 11:51 AM
To: Town Manager
Cc: Reading - Selectmen; Zambouras, George; jzagar@ci.reading.ma.us; Kowalski, Carol;
luisa.paiewonsky@mhd.state.ma.us
Subject: Howard/Lewis Street drainage ditch and the upcoming West Street project
3, Z-
65 7/14/2009
Page 3 of 4
July 11, 2009
Mr. Peter Hechenbleikner
Town Manager
Reading Town Hall
16 Lowell Street
Reading, MA 01867
Dear Mr. Hechenbleikner,
As a resident of Howard Street, I am deeply concerned about the failure to. properly maintain the
Howard/Lewis Street drainage ditch which extends from a point south of Lewis Street to Keith Road.
The potential impact of the upcoming West Street Development project could make a bad situation even
worse if not properly accounted for in the project plan.
I made a recent visit to the town engineering department on July 8t' to inquire about a badly needed
dredging of the ditch and to review the plans for the West Street project and the impact on the ditch.
was extremely surprised to be told by the engineer assisting me that the drainage ditch was considered
outside the scope of the West Street project when clearly water from the reconfigured West Street will
be part of the flow in the drainage ditch.
A recent visual examination of the drainage ditch in question shows it to be in a state of neglect and
disrepair and it is failing to serve its intended function. This failure is resulting in uncontrolled flow of
run-off saturating the ground of the properties surrounding the easement. The drainage easement is
clogged with both natural and manmade debris and the sides of the ditch at its northeast end have eroded
to the point that the ditch no longer carries water to the outlet at Keith Road.
While it is difficult to tell from town records, it appears this drainage easement has not been adequately
maintained in many years and since the town allowed three additional homes to be built on adjoining
land in 1989 (numbers 107, Ill & 115 Howard St). This raises additional concerns with the absolute
need for any West Street Development to guarantee plans to install sufficient infrastructure to not only
manage the flow of water resulting from the project, but to properly maintain the required easement,
currently grossly neglected, in perpetuity.
A number of public meetings have been scheduled on the West Street project, then canceled at the last
minute without widespread publication of the change in schedule. I am concerned that there has been a
lack of appropriate effort to foster dedicated, direct dialogue with area property owners before this
project moves forward. I believe input from the area property owners can play a critical role in
identifying and avoiding potential problems that may be created by the West Street project.
For my part, I will be doing what I can to help the town by informing my neighbors of the project. I look
to you for input on how to best make sure that my concerns will be addressed as a part of the planning
process.
Sincerely,
Leo Lessard
127 Howard Street
Reading, Ma 01867
66 7/14/2009
Page 4 of 4
Cc:
Stephen Goldy, Selectman
Ben Tafoya, Selectman
James E. Bonazoli, Selectman
Camille W. Anthony, Selectman
Richard W. Schubert, Selectman
George Zambouras, Town Engineer
Jeffrey T. Zagar, Director of Public Works
Carol Kowalski, Town Planner
Luisa Paiewonsky, Commissioner, Massachusetts Highway Department
No virus found in this incoming message.
Checked by AVG - www.avg.com
Version: 8.5.375 / Virus Database: 270.13.10/2231 - Release Date: 07/11/09 05:57:00
?J c" -i
67 7/14/2009
Legend
Town Boundary Parking
r~ r r rT Retain. Wall
♦
Hydrant
Parcels
Paved
Wall
}
Light Pole
Buildings
Unpaved
Ponds, Rivers
Utility Pole
Sidewalks
Roads
Streams
®
Manhole
'`.:;I-' Driveway
r- J Bridge
o Ditch
8
Catch Basin
Railroad
Paved
Culvert
Out-fall
Contours
Unpaved
Dam, Headwall
0
Substation
68
Map by Town of Reading.
Parcels valid 1/1/08.
Planimetric features from
aerial photos taken in 1998.
B/W aerials taken in 1998.
Color aerials from MassGIS
taken 5/01. Data are for
planning purposes only.
0 25 50 100
4
N
A
3
1 127 Howard Street I
Page 1 of 2
t/G ao s
Schena, Paula
From:
theroze@verizon.net
Sent:
Wednesday, July 15, 2009 8:24 PM
To:
Hechenbleikner, Peter
Cc: theroze@verizon.net; Reading - Selectmen; Schena, Paula
Subject: Re: RE: Public Sidewalks for Outdoor Dining
Understand. Appreciate the response and clarification.
Thanks
Pete R
Jul 15, 2009 03:53:38 PM, phechenbleikner@ci readin ig na.us wrote:
ks for your comments and suggestions.
he Board of Selectmen last evening approved the policy permitting outdoor dining on public
idewalks, without service of alcohol. This would require an annual license from the Board of
selectmen, with a modest fee attached.
here are a number of provisions as you point out that will protect the Town, including having the
own named as an additional insured, and requiring that the restaurant owner indemnify the town.
he policy as adopted ensures that the public sidewalk is available for its main function - a public
dewalk. But the hope is that permitting limited use of the sidewalk for outdoor dining will add to
e vitality of the downtown, something that our residents appear to very strongly desire.
ie Board of Selectmen is interested in making the community a business friendly one, in a strong
:lief that having a strong, healthy, and vibrant business community benefits the entire community
Reading. Whether businesses should pay a different tax rate in Reading compared to
sidences is a topic that the Board of Selectmen will take up in November as it does annually.
anks again.
Hechenbleikner
own Manager
)m: theroze verizon.net [mailto:therozeaverizon.net]
nt: Tuesday, July 14, 2009 7:51 PM
: Town Manager
biect: Public Sidewalks for Outdoor Dining
69 7/16/2009
Page 2 of 2
I read today's Chronicle which featured an early draft of the proposed regulations regarding
the use of public sidewalks for outdoor dining. As a Reading taxpayer, I have a concern
about turning access control and use of public lands to private businesses for their own
profit (note Regulation #11 specifies a "perimeter fence or barrier" for dining areas
containing 9 or more seats!). What's in it for the town?
Have you considered levying a per table fee for this right? Businesses already get a break
in Reading as their property tax rate is the same as the residential rate unlike some
surrounding towns. I assume this break is reflected in their rents. To give them more at the
public's expense just doesn't seem right.
I also wondered about town liability for accidents that occur on public land used by a
private business. Is the town exempt?
Appreciate your attention to my concerns. I'm certainly not against outdoor dining in
Reading. I just think the town should get its due and protect itself.
Thanks
Pete ROzett
Reading Taxpayer
3~2
70 7/16/2009
Page 1 of 3
L-/GQaS
Schena, Paula
From: Reading - Selectmen
Sent: Wednesday, July 15, 2009 11:45 AM
To: kkaminer@comcast.net; Steve Goldy forwarding account; Ben Tofoya; James Bonazoli forwarding
account; Camille Anthony forwading account; Rick Schubert Multiple Addresses
Cc: Town Manager; Feudo, John; Zambouras, George; Schena, Paula
Subject: RE: Reading Community Tennis Courts
Dear Kate :
Thank you for sending an email to the Board of Selectmen. The Board has adopted a policy of not
sending substantive responses to emails in order to try to stay in compliance with the Commonwealth's
open meeting law which prohibits policy discussions by the Board outside of an open public meeting.
Please understand that the Board values your input on issues and your correspondence will be included
in the materials circulated to the Board prior to its next meeting and it is available as part of the public
record. The Board members will have a chance to comment during an upcoming public meeting, and the
matter was in fact discussed at last evening's meeting.
If you want to have a personal discussion of the issue with a member of the Board, we hold "office"
hours in Reading Town Hall before the first regularly scheduled meeting of each month at 6:30 PM in
the first floor conference room. The Board of Selectmen meeting schedule is posted on the web site at
www.readingma.gov.
Additionally, each of the members of the Board of Selectmen has a listed home phone number:
Bet Tafoya
781-944-3178
James Bonazoli
781-944-5116
Camille Anthony
781-944-3506
Rick Schubert
781-942-1617
Steve Goldy
781-779-1773
Thank you again for contacting the Board of Selectmen.
Camille Anthony
Secretary
Reading Board of Selectmen
1/c Board of Selectmen
From: kkaminer@comcast.net [mailto:kkaminer@comcast.net]
Sent: Tuesday, July 14, 2009 4:14 PM
To: Steve Goldy forwarding account; Ben Tofoya; James Bonazoli forwarding account; Camille Anthony forwa ding
account; Rick Schubert Multiple Addresses
Cc: Town Manager; Feudo, John; Zambouras, George
Subject: Reading Commmunity Tennis Courts
Dear Members of the Board of Selectmen,
71 7/15/2009
Page 2 of 3
It is with profound disappointment and frustration that I am spurred to write to you. I have been
a volunteer, in may capacities, in this town, for more than twenty years, and do not consider
myself a nay sayer, malcontent, etc. as regards the function and work of the town
government. I think I have a reasonable grasp as to how municipal government operates. I
have the utmost respect for those who volunteer in muncipal government and those who work
in municipal government. That being said, I have to share my level of frustration about the
most recent events relating to the construction of the Reading Community Tennis Courts at
Birch Meadow.
As I assume you all know, the completion of the courts was scheduled for June 2008. As you
all know, there was a flaw in the construction phase when hydarulic fluid leaked into the
asphalt, compromising the playing surface. This was detected in August 2008 right before the
courts were to be painted. From August 2008 until April 2009, the town professionals and the
bonding company representing the general contractor were engaged in negostiations to
resolve this.
With the conclusion of the negotiations in April 2009, compromise in place, the courts were
ready, at that time, to be painted and then ready for use. (Note: painting is about a 5-day
process, without any rain). No painting was done in the month of May. No painting was done
in the month of June because we all know what happened in June it rained nearly
everyday. To date (July 14, 2009), no painting has been done to these tennis courts. We,
were told by the painting company that we were the first in their queue for painting jobs this
was told to us two weeks ago.
Last Thursday, July 9, 2009, the painting company and town engineering staff decided that the
beginning of this week (beginning July 12th) would not be ideal to begin the painting as they
foresaw "bad" weather. So, the painting company went elsewhere to paint other jobs (hard for
me to understand). So now we have very good painting weather this week and no painting
company to paint the courts. Oh, and did I mention that the 19th annual Reading Tennis Open,
scheduled for this coming weekend on the new tennis facility, will now most probably be
played in Woburn. They have brand new tennis courts in Woburn as part of their high school
re-building project.
So, my disappointment is rooted in the tennis tournament being re-located for a second year to
another town, recreation summer tennis programs losing appeal and registrants (read town
revenue), and the boys and girls high school tennis teams playing two straight years in another
town. My frustration is that most of this time delay was easily preventable. Certainly since April
2009 there had to have been a few clear days of no rain.
I feel bad saying this but this project has never been a priority of the town staff, as exhibited in
their less than urgent attitude towards project completion. We all know the
routine.... contractors need a little cajoling and pushing no one is cajoling or pushing.
I write directly, rather than a cheap shot newspaper letter, to voice frustration on behalf of the
hundreds of citizens who have supported this project with their voices, their time, their efforts,
and their money. The Friends of Reading Recreation have raised nearly $140,000 in grants
and private donations for this project. We have been patient for the past two spring and
summer seasons, waiting..... and still we wait mid-July 2009. 1 can no longer make excuses
for the state of this project
7 2 7/15/2009
3e,z
Page 3 of 3
Perhaps you too share our frustration.
Sincerely,
Kate Kaminer
3 ~,3
73 1/15/2009
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