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Sec. 11-1. - Definitions.#
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Advancement means a salary increase within the limits of the salary established for a class.
Allocation means the placing of a position in its proper class, based upon duties performed and authority and responsibilities exercised.
Appointing authority means the mayor except when some other person or body has the express final authority to make the appointment to the position to be filled in the city service.
Appointment means the act of the appointing authority in selecting and certifying in writing the person whom he deems best qualified for the position which is to be filled in accordance with the provisions of the Charter and this chapter.
Appointment date means the day which the appointing authority designates as a day the person he selected is to start work. The appointment date must not exceed 60 days from the act of appointment itself.
Board means the hearing board.
Charter means the home rule city Charter approved by the voters at the general election of November 2, 1954, and which becomes effective December 1, 1958, and any amendments thereto.
Class or class of position means a group of positions in the classified service sufficiently similar in respect to duties and responsibilities that the same descriptive class title may be used to designate each position allocation to the class, that the same minimum entrance qualifications may be required of incumbents of positions in the class, that the same tests of fitness may be used to choose qualified employees and that the same schedule of pay may be made to apply with equity.
Classified employee means any employee occupying a position in the classified service.
Classified service means all offices and positions of trust or employment in the city service, whether paid or unpaid, full-time or part-time, temporary or permanent, existing or hereafter created, except elected officials and department heads, those appointed by the city council or mayor and those appointed or employed by the school committee.
Demotion means a change in employment status from one class to another class having a substantially lower range of pay.
Director means the personnel director of the civil service system.
Eligible means a person whose name is on an appropriate employment list and who is not ineligible for appointment for other reasons.
Employee list means any person who is legally an incumbent of a position subject to appointment by the appointing authority or who is on authorized leave of absence and whose position is held for him pending his return.
Employment list means a list of names of persons arranged by the board in the order of their merit and fitness, as provided by this chapter, who have been found qualified through examination for a class in the classified service or who after being legally separated from the service without fault or violation of duty on their part, have requested and received approval for reinstatement to an appropriate list and who are entitled to have their names certified to the appointing authority for appointment.
Examination means a test or group of tests and evaluations used to determine the eligibility and rank of candidates for employment in a class.
Head of department or department head are persons appointed to an office by the mayor, and therefore, are not classified employees, and such offices and positions do not fall within classified service. All department heads and their deputies serve at the pleasure of the mayor, and, as such, they are at-will employees that may be terminated with or without cause at any time. Department heads include but are not limited to the following: Chief of police, police department;
Chief of department, fire and rescue department;
Director of finance, finance department;
Director of human resources, department of personnel;
Director of information technology, information technology department;
Director of planning and economic development, planning and economic development;
Director of public works, public works department;
Director of recreation, recreation department;
Senior services director, senior services department.
Hearing means an opportunity given to a classified employee to appear before the mayor and, upon appeal, before the hearing board to be heard publicly or privately, as determined by the employee, at reasonable length on the matter involved.
Mayoral staff are persons appointed to positions within the mayor's office, and therefore, are not classified employees, and such offices and positions do not fall within classified service. All mayoral staff serve at the pleasure of the mayor, and, as such, they are at-will employees that may be terminated with or without cause at any time. Mayoral staff positions include but are not limited to the following: Constituent affairs coordinator;
Director of administration;
Director of project management and communications;
Executive mayoral aide.
Pay plan means a schedule of salaries established for the various classes of positions in the city service with all positions of a given class being paid the same salary or according to the same salary range.
Permanent employee means a classified employee who has satisfactorily employed the six-month probationary period.
Permanent position means any position in the classified service that is required or is likely to be required without interruption for a period of more than six months.
Probationary period means a working test period of six months duration, during which an employee is required to demonstrate his fitness by actual performance of the duties for the class to which he is appointed. The foregoing is applicable to all employees other than police officers and firefighters whose working test period shall be of one year's duration, during which the employee will be required to demonstrate his fitness by actual performance of the duties of the class to which he is appointed.
Promotion means a change in employment status from one class to another with a higher range of pay.
Promotional examination means an examination in which competition is limited to regular employees in the classified service.
Promotional list means a list of names of classified employees arranged in order of merit and fitness who have been found qualified through suitable tests for promotion to higher classes than those classes of positions which they are currently occupying.
Provisional employee means an employee who has provisional status.
Provisional status means an employee who has been appointed to fill a position for which no employment list exists and which is limited, as prescribed in this chapter.
Suspension means the temporary separation from the city service without pay for an employee for disciplinary purposes.
Temporary employee means an employee who is not a permanent position as defined in this section. The service of a temporary employee shall not exceed six months unless a written request demonstrating good cause to exceed the six-month time period is made by the appropriate department head to the mayor and such request is approved by the mayor. All such approvals shall be reported in writing by the mayor to the personnel hearing board. Residents of the city who are qualified to perform the duties required for temporary positions shall be given first preference in the hiring for such positions. Residency shall be determined in accordance with the standards established in subsection 11-64(g). The mayor shall file annually with the city council a report specifying the names of all persons hired as temporary employees, the position for which they were hired, the time period of their employment and their residence.
Test means only such tests as are specifically allowed by subsection 11-64(e).
Transfer means a change of an employee from one position to another position in the same class or another class having similar duties, having essentially the same range of pay and similar employment standards.
Unclassified employee means any of the following: (1)
Elected officials;
(2)
Officers, officials, heads of departments appointed by the city council or mayor;
(3)
Employees appointed by the school committee;
(4)
Consultants, counsel and other professional persons rendering temporary service;
(5)
Such positions involving seasonal or part-time employment or which consist of unskilled work as may be specifically placed in the unclassified service by the city council.
(Rev. Ords. 1987, § 11-1; Ch. 877, § XIV, 6-6-23)
Cross reference— Definitions generally, § 1-2.
Sec. 11-2. - Personnel policy.#
(a)
Employment in the city service shall be based on merit and fitness and shall be free of personal and political considerations.
(b)
Just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the city government.
(c)
Positions having similar duties and responsibilities and under similar work conditions shall be classified and compensated on a uniform basis.
(d)
Appointments, promotions and other actions requiring the application of the merit principle shall be based on systematic tests and evaluations.
(e)
High morale shall be maintained by fair administration of this chapter and by every consideration of the rights and interests of employees consistent with the best interests of the city and the public.
(f)
Tenure of employees subject to the provisions of this chapter shall be on the conditions of good behavior, satisfactory work performance, necessity for the performance of work and the availability of funds.
(g)
Adequate annual appropriations shall be made to enable the department to carry out effectively the provisions of this chapter.
(Rev. Ords. 1987, § 11-2)
Sec. 11-3. - Department of personnel created; designation of director.#
There is hereby created a department of personnel which shall be headed by a director of human resources. The mayor or their delegate may serve as director of human resources, or the duties of the director of human resources may, at the discretion of the mayor, be combined with those of any other office or position; or the mayor may appoint a full-time director of human resources.
(Rev. Ords. 1987, § 11-3; Ch. 877, § XIV, 6-6-23)
Sec. 11-4. - Duties of personnel director.#
The director, as head of the department of personnel, shall direct and supervise all its administrative and technical activities. In addition to the duties imposed upon the director elsewhere in this chapter, it shall be the director's duty: (1)
To apply and carry out this chapter and the rules adopted thereunder;
(2)
To establish and maintain a roster of all employees in the city service in which there shall be set forth as to each employee the class title, pay or status and other pertinent data;
(3)
To prepare a position classification plan and class specifications and revisions thereof for the consideration of the mayor;
(4)
To prepare a compensation plan for the city service for consideration and approval by the mayor and city council;
(5)
To foster and develop programs for the improvement of employee effectiveness, including training, safety, health and counseling;
(6)
To investigate from time to time the operation and effect of this chapter and of the rules made thereunder and to report his findings and recommendations to the mayor and city council;
(7)
To certify the appointing authority employment and promotional lists not timely acted upon by the hearing board pursuant to section 11-31(1) of this Code.
(Rev. Ords. 1987, § 11-4; Ch. 825, § I, 11-16-21; Ch. 877, § I, 6-6-23)
Sec. 11-5. - Personnel records.#
Personnel records, except examinations, service rating reports, personal histories and such other records as may be specified by the director as confidential shall be public records and shall be open to public inspection during office hours at reasonable times and in accordance with such procedures as the director may prescribe. The director of personnel shall maintain records necessary to the proper administration of the personnel system.
(Rev. Ords. 1987, § 11-5)
Sec. 11-6. - Personnel reports.#
(a)
Vacancies, appointments, transfers, promotions, demotions, dismissals, changes of salary rate, leaves of absence, absences from duty and other temporary or permanent changes in status of classified and unclassified employees shall be reported to the director at such times on such forms and together with such supporting or pertinent information as the director may prescribe.
(b)
A regular annual report of the activities of the department of personnel shall be submitted by the director to the mayor and city council. The director shall submit such other reports as may be required by the mayor or city council from time to time.
(Rev. Ords. 1987, § 11-6; Ch. 877, § I, 6-6-23)