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HomeMy WebLinkAbout2016-11-14 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES November 14, 2016 CALL TO ORDER: ChairmanRichard Vaillancourt called the meeting to order at 7:00PM at the Meeting Room in Town Hall. The meeting was recorded. ATTENDANCE: The following were present: Chairman Richard Vaillancourt, Clerk Rosemary Smedile, Licensing Commissioner, Phil DeCologero, Donald Stewart, Tracy Watson, Town Manager Andrew Maylor, Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. Approximately 40 members of the public were in attendance. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Rosemary Smedile made a MOTION, seconded by Phil DeCologero, to approve the Open Session Minutes of November 1, 2016, as presented. Vote approved 4-0-1. Ms. Watson abstained. COMMUNICATIONS AND ANNOUNCEMENTS Swearing In-Deputy Chief Graham Rowe and Lieutenant Matthew Lacolla Town Clerk, Joyce Bradshaw, administered the oath for Deputy Chief Graham Rowe. Lieutenant Matthew Lacolla will be sworn in at the next meeting on December 5, 2016. Other Communications and announcements Rosemary Smedile thanked the Merrimack College students that helped the holiday decorating committee assemble the wreaths for the poles around Main Street and the Common. Tracy Watson announced Wrestlympics is Friday at North Andover High School to benefit Best Buddies. Phil DeCologero announced the annual Santa Parade is Saturday, November 27 th. PUBLIC HEARINGS Amendments to Personnel Policy The purpose of the hearing was to receive comments on proposed amendments to the Personnel Policy affecting non-union personnel. Tracy Watson made a MOTION, seconded by Rosemary Smedile to open the public hearing to receive comments on proposed amendments to the Personnel Policy affecting non-union personnel. Vote approved 5-0. Included in the packets was the proposed amended Personnel Policy for non-union personnel which was distributed to impacted employees for comment prior to the public hearing. Town Manager, Andrew Maylor, reviewed the changes to the policy. Human Resources Director Cathy Darby was present to answer questions. Rosemary Smedile made a MOTION, seconded by Donald Stewart to close the public hearing to receive comments on proposed amendments to the Personnel Policy affecting non-union personnel. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen approve the proposed amendments to the Personnel Policy affecting non-union personnel. Vote approved 5-0. National Grid Pole Petition-Middlesex Street Tracy Waston made a MOTION, seconded by Rosemary Smedile, to open the public hearing to receive comments on the proposed National Grid Pole Petition for Middlesex Street. Vote approved 5-0. Included in the packets was the pole petition for Middlesex Street and recommendations from relevant departments. Paul Saffler from National Grid was present to answer any questions regarding the petition. The Board indicated they are concerned with the number of poles that are being installed. The plan Board of Selectmen Minutes November 14, 2016 2 submitted with the petition was from December 2014. The Board requested Mr. Saffler provide them with an updated plan and consider other alternatives to putting in an additional pole. Amy Slade, the attorney representing the owner of 113 Middlesex Street, spoke on behalf of her client and indicated that her client has not agreed to have the pole and/or the guy wire placed on her property. Rosemary Smedile made a MOTION, seconded by Phil DeCologero to close the public hearing to receive comments on the proposed National Grid Pole Petition for Middlesex Street. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Donald Stewart, that the Board continued the matter of the National Grid Pole Petition #18128513-Middlesex Street until December 5, 2016. Vote approve 5-0. National Grid Pole Petition-Johnson Street Tracy Watson made a MOTION, seconded by Donald Stewart, to open the public hearing to receive comments on proposed National Grid Pole Petition for Johnson Street. Vote approved 5-0. Included in the packets was the pole petition for Johnson Street and recommendations from relevant departments. Paul Saffler from National Grid was present to answer any questions regarding the petition. Mr. Saffler indicated that the second pole was needed to brace the current pole. The Board requested pictures of the site and more information on how it would look once installed. Tracy Watson made a MOTION, seconded by Donald Stewart, to close the public hearing to receive comments on proposed National Grid Pole Petition for Johnson Street. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen continue the matter of the National Grid Pole Petition #22825255-Johnson Street until December 5, 2016. Vote approved 5-0. CONSENT ITEMS Vote to sign easements At the meeting on August 29, 2016, the Board voted to amend easements granted to the Town by owners of 32 Boston Hill Road, 10 Boston Street and 45 Boston Street. The amendments are needed to correct the scope and area of the easements that were originally granted in 2010. 32 Boston Hill Road In order to correct the scope and area of the easement, the Board released the original easement and granted a new easement with the correct scope and area. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen sign the Release of Easement for 32 Boston Hill Road and accept and sign the Grant of Easement for 32 Boston Hill Road from Francis and Sharon Devan, as presented. Vote approved 5-0. 10 Boston Street This easement was amended to limit the scope to the installation and maintenance of the sewer line, removing allowance for the area to be used as a public way. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen accept and sign the Amended Easement for 10 Boston Street, as presented. Vote approved 5-0. 45 Boston Street This easement was being released because it is not needed as the sewer line does not run over the property. Norman and Maria Hawley, owners of 45 Boston Street, were present to sign the release. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen sign the Release of Easement for 45 Boston Street, as presented. Vote approved 5-0. Appointments The following appointments were recommended by the appointment subcommittee: Sustainability Committee-John David Dishaw Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen appoint John David Dishaw to the Sustainability Committee through June 30, 2017. Vote approved 5-0. Council on Aging-Joseph McCarthy Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen appoint Joseph McCarthy to the Council on Aging through June 30, 2019. Vote approved 5-0. Board of Selectmen Minutes November 14, 2016 3 Commission on Disability Issues-Brenda Savary Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen appoint Brenda Savary to the Commission on Disability Issues through June 30, 2017. Vote approved 5-0. Cable TV Advisory Committee- Shane Woodruff Rosemary Smedile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen appoint Shane Woodruff to the Cable TV Advisory Committee through June 30, 2017. Vote approved 5-0. Request of Festival Committee to use the Town Common from 4:00PM to 7:00PM on Sunday, November 27, 2016 for the Official Christmas Tree Lighting Celebration Included in the packets was a request from the Festival Committee to use the common for their annual Christmas Tree Lighting Celebration on Sunday, November 27, 2016 from 4:00PM-7:00PM. All relevant departments reviewed the request and had no issues. Jeff Coco, chair of the Festival Committee was present to answer any questions. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve the request of the Festival Committee to use the Town Common for the Official Christmas Tree Lighting Celebration on Sunday, November 27, 2016 from 4:00PM-7:00PM. Vote approved 5-0. of the Town Bylaw The Town Manager explained that the town bylaw, voted in many years ago, requires undergrounding of . Mr. Maylor was seeking the Boards approval to move forward with that project. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen in accordance with Chapter 170 of the Town Bylaw. Vote approved 5-0. LICENSING COMMISSIONERS Rosemary Smedile made a MOTION, seconded by Phil DeCologero, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. Paul Gallant of Merrimack College requests one day wine and malt licenses for Onstagers Performances at the Rogers Center for Performing Arts on the following dates and times: Thursday, November 17, 2016 from 6:00PM-11:00PM Friday, November 18, 2016 from 6:00PM-11:00PM Saturday, November 19, 2016 from 1:00PM-5:00PM Saturday, November 19, 2016 from 6:00PM-11:00PM Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen, acting as Licensing Commissioners, approve the four one day wine and malt licenses for Merrimack ththth College for Onstagers Performances on November 17, 18, and 19, as presented. Vote approved 5-0. Donald Stewart made a MOTION, seconded by Richard Vaillancourt to close a meeting of the North Andover Licensing Commission. Vote approved 5-0. OLD BUSINESS Request of NAPD for stop signs (tabled from November 1, 2016) Included in the packets was a revised recommendation from the Police Department regarding the stops sign request submitted at the last meeting. The police are no longer requesting the remaining stops signs at this time. They will monitor the area for six months to conduct a traffic study. Appointment to Board of Registrars (tabled from November 1, 2016) Included in the packets was a letter from CJ Gangi, chair of the Republican Town Committee, with the names of three candidates for the Board to choose from for the Board of Registrars. Rosemary Smedile made a MOTION, seconded by Donald Stewart, that the Board of Selectmen appoint Alexandra Mezzina to the Board of Registrars for a term ending June 30, 2017. Vote approved 5-0. Board of Selectmen Minutes November 14, 2016 4 NEW BUSINESS None PUBLIC COMMENT Town Clerk Joyce Bradshaw gave a summary of the early voting process for the recent election. The Board thanked Ms. Bradshaw for all her hard work during the election. Included in the packets were the following monthly reports: Fire Department Overdose Report Police Department Job posting/vacancy log-Human Resources Capital Projects-Assistant Town Manager Library Senior Center Report It Building Department Assistant Town Manager, Ray Santilli, informed the Board that the contract for the DPW building has been signed and work will start November 28, 2016. Ask the manager The Town Manager was asked about the status of the textile recycling. Although there are enough household to begin, a question has arisen as to whether the company that will be providing the service comply with prevailing wage. ADJOURNMENT: Donald Stewart made a MOTION, seconded by Tracy Watson to adjourn the meeting at 8:45p.m. Vote approved 5-0. Laurie A. Burzlaff Executive Assistant _______________________________ Rosemary Connelly Smedile, Clerk of the Board Documents used at meeting: Minutes of November 1, 2016 Personnel Policy National grid petition-Middlesex Street National grid petition-Johnson Street Easements-Boston Street/Boston Hill Road Appointment memorandum Festival committee request Town bylaw-chapter 170 Monthly reports TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Richard M. Vaillancourt, Chairman TEL. (978) 688-9510 Rosemary Connelly Smedile, Clerk FAX (978) 688-9556 Phil DeCologero Donald B. Stewart Tracy M. Watson BOARD OF SELECTMEN & LICENSING COMMISSIONERS AGENDA MONDAY, NOVEMBER 14, 2016 7:00 PM OPEN SESSION TOWN HALL MEETING ROOM 120 Main Street I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES A. November 1, 2016 Open Session Minutes, as written IV. COMMUNICATIONS AND ANNOUNCEMENTS A. Swearing In-Deputy Chief Graham Rowe and Lieutenant Matthew Lacolla V. PUBLIC HEARINGS A. Amendments to Personnel Policy B. National Grid Pole Petition-Middlesex Street C. National Grid Pole Petition-Johnson Street VI. CONSENT ITEMS A. Vote to sign easements 1. 32 Boston Hill Road (grant/release) 2. 10 Boston Street (amend) 3. 45 Boston Street (release) B. Appointments: 1. Sustainability Committee-John David Dishaw, Jr. 2. Council on Aging-Joseph McCarthy 3. Commission on Disability Issues-Brenda Savary 4. Cable TV Advisory Committee-Shane Woodruff C. Request of Festival Committee to use the Town Common from 4:00PM to 7:00PM on Sunday, November 27, 2016 for the Official Christmas Tree Lighting Celebration D. Vote to proceed with plan to underground wires in the Downtown Area as described in Chapter 170 of the Town Bylaw VII. LICENSING COMMISSIONERS A. Paul Gallant of Merrimack College requests one day wine and malt licenses for Onstagers Performances at the Rogers Center for Performing Arts on the following dates and times: 1. Thursday, November 17, 2016 from 6:00PM-11:00PM 2. Friday, November 18, 2016 from 6:00PM-11:00PM 3. Saturday, November 19, 2016 from 1:00PM-5:00PM 4. Saturday, November 19, 2016 from 6:00PM-11:00PM VIII. OLD BUSINESS A. Request of NAPD for stop signs (tabled from November 1, 2016) B. Appointment to Board of Registrars (tabled from November 1, 2016) IX. NEW BUSINESS X. PUBLIC COMMENT XI. A. Departmental Monthly Reports 1. Fire Department 2. Overdose Report 3. Police Department 4. Job posting/vacancy log-Human Resources 5. Capital Projects-Assistant Town Manager 6. Library 7. Senior Center 8. Report It 9. Building Department B. XII. NEXT MEETING DATE Monday, December 5, 2016 XIII. ADJOURNMENT BOARD OF SELECTMEN MINUTES November 1, 2016 CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 7:00PM in the Meeting Room at Town Hall. The meeting was recorded. ATTENDANCE: The following were present: Chairman Richard Vaillancourt, Clerk Rosemary Smedile, Licensing Commissioner, Phil DeCologero, Donald Stewart, Town Manager Andrew Maylor, Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. Tracy Watson was absent due to illness. Approximately 13 members of the public were in attendance. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Phil DeCologero made a MOTION, seconded by Rosemary Smedile, to approve the Open Session Minutes of October 11, 2016. Vote approved 4-0. COMMUNICATIONS AND ANNOUNCEMENTS Election update Town Clerk, Joyce Bradshaw, updated the Board about the election and early voting. So far approximately 5,000 ballots have been cast. Government Finance Officers Association Distinguished Presentation Award For the 5 th year in a row, the Town has received the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award for the current budget. This award is the highest form of recognition in governmental budgeting. Lake Cochichewick Shore clean up DPW Director, Bruce Thibodeau announced that volunteers will be cleaning up around the lake on Saturday, November 5, 2016 from 8AM-1PM. Mr. Thibodeau also announced that all boats need to be removed by November 1, 2016. Meeting schedule through June 2017 The Board reviewed the proposed new meeting schedule covering November through June 2017. The thth Town Manager is recommending the Board move the November 28 meeting to December 5. The Assessor is not available on November 28 th to present the tax classification information. Recognition-Peter J. Gomes Citizenship Award Finalist-Kristi Hale Chairman Vaillancourt presented Kristi Hale with a certificate for being selected as a finalist for . Other communications and announcements th Veterans Day Parade is Friday, November 11. Town Manager, Andrew Maylor, recognized the employees at Town Hall and thanked them for their patience during the transition back to Town Hall. LICENSING COMMISSIONERS Donald Stewart made a MOTION, seconded by Rosemary Smedile, to open a meeting of the North Andover Licensing Commission. Vote approved 4-0. Request of North Andover Foundation for Education for a one day wine and malt license and waiver of the fee for a fundraising dinner at Brightview on Saturday, November 5, 2016 from 6:30-10:30PM Richard Vaillancourt made a MOTION, seconded by Donald Stewart, that the Board of Selectmen, acting as Licensing Commissioners, approve the one day wine and malt license and fee waiver for the North Andover Foundation for Education fundraising dinner at Brightview on Saturday, November 5, 2016 from 6:30-10:30PM. Vote approved 4-0. Board of Selectmen Minutes November 1, 2016 2 Donald Stewart made a MOTION, seconded by Rosemary Smedile to close a meeting of the North Andover Licensing Commission. Vote approved 5-0. NEW BUSINESS (taken out of order) Middle School athletic/recreation complex DPW Director, Bruce Thibodeau, and Craig Miller from Waterfield Design Group gave an update on the Middle School athletic/recreation complex. Terry Holland and Rick Green were also present to provide information from the working committee. The Board agreed to establish a committee to solicit community input and develop a plan for the site. Phil DeCologero made a MOTION, seconded by Rosemary Smedile to form a five member Middle School Athletic/Recreation Complex Committee to also include a liaison from the Board of Selectmen and a liaison from the School Committee. Vote approved 4-0. Phil DeCologero made a MOTION, seconded by Rosemary Smedile to appoint Terry Holland and Rick Green as members of the Middle School Athletic/Recreation Complex Committee. Vote approved 4-0. Phil DeCologero made a MOTION, seconded by Donald Stewart to appoint Rosemary Smedile as the Board of Selectmen liaison to the Middle School Athletic/Recreation Complex Committee. Vote approved 4-0. Phil DeCologero made a MOTION, seconded by Donald Stewart to appoint Deb Raffali, Derek Wessel and Todd Dow to the Middle School Athletic/Recreation Complex Committee. Vote approved 4-0. CONSENT ITEMS Truck exclusion permit-Greene Street As requested by the Board, the Board was given a copy of the permit application for the truck exclusion on Greene Street. DPW Director, Bruce Thibodeau, discussed the application and answered questions from the Board. Phil DeCologero made a MOTION, seconded by Donald Stewart that the Board of Selectmen approve the truck exclusion permit application for Greene Street, as presented. Vote approved 3- 0-1. Selectman Smedile abstained. Request of North Andover Police Department for stop signs on Parker Street at Greene Street, Bradstreet at Greene, West Bradstreet at Greene, Woodbridge at Greene and West Woodbridge at Greene Included in the packets was a request from Mark Wilson, Traffic Safety Officer, for five new stop signs to be installed on Parker Street, Bradstreet, West Bradstreet, Woodbridge and West Woodbridge, all at intersections with Greene Street. DPW Director, Bruce Thibodeau, and Police Chief Charles Gray answered questions from the Board. Phil DeCologero made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approve the request of the North Andover Police Department to install a stop sign at the intersection of Parker and Greene Streets. Vote approved 4-0. Phil DeCologero made a MOTION, seconded by Donald Stewart, to table until the next meeting the request for stop signs at Bradstreet and Greene Streets, West Bradstreet and Greene Streets, Woodbridge and Greene Streets, and West Woodbridge and Greene Streets. Vote approved 4-0. Vote to adopt Energy Reduction Plan for Green Community Application The application to become a designated Green Community requires the Town to adopt an Energy Reduction Plan. The plan must show at least a 20% reduction in energy use over a period of 5 years. The baseline year of the plan is FY2014 so that the reductions in energy use realized from the implementation of the energy savings contract with Ameresco can be included when calculating the 20%. The School Committee must also adopt the plan and they are scheduled to do so at their meeting on November 3 rd. Phil DeCologero made a MOTION, seconded by Donald Stewart, that the Board of Selectmen adopt the Energy Reduction Plan in fulfillment of the Massachusetts Green Communities Grant Program, Criteria 3. Vote approved 4-0. North Andover Festival Committee and North Andover Police Association request permission to conduct the annual Santa Parade on Saturday, November 26, 2016 from 11:00am to 2:00 pm and to limit parking along the parade route Board of Selectmen Minutes November 1, 2016 3 The Festival Committee and the North Andover Police Association submitted a request to conduct the annual Santa Parade on Saturday, November 26, 2016 from 11:00am to 2:00pm and to limit parking along the parade route. All relevant departments reviewed the request and had no issues. Donald Stewart made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve the request of the Festival Committee and the North Andover Police Association to conduct the annual Santa Parade on Saturday, November 26, 2016 from 11:00am to 2:00pm and limit parking along the parade route. Vote approved 4-0. Accept donations in the amount of $50.00 from Karen T. Lang and $680.43 from the Roberts Family to be used to purchase exercise equipment for the Fire Department The Board is being asked to accept donations received by the Fire Department for the purchase of exercise equipment. The donations were raised by the Roberts Family by holding a lemonade stand. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen accept the donation of $50.00 from Karen T. Lang and the donation of $680.43 from Lisa and Mark Roberts to be used to purchase exercise equipment for the fire department. Vote approved 4-0. Accept donation from the North Andover Merchants Association in the amount of $540.00 to be used for SAFE training The North Andover Merchants Association has once again generously donated $540.00 to the Fire Department for SAFE training. Phil DeCologero made a MOTION, seconded by Donald Stewart that the Board of Selectmen accept the donation from the North Andover Merchants Association in the amount of $540 to be used for the fire department SAFE training. Vote approved 4-0. Request to surplus furniture and equipment-Town Manager In accordance with town policy regarding surplus materials, Town Manager, Andrew Maylor, submitted a memorandum regarding surplus office furniture and equipment. All items have either no value or are damaged and not worth repairing. Phil DeCologero made a MOTION, seconded by Donald Stewart that the Board of Selectmen approve the request of Town Manager, Andrew Maylor, to surplus furniture and equipment as per his memorandum dated October 25, 2016. Vote approved 4-0. Vote to appoint members for Master Plan selection committee Town Manager explained the process for completing the Master Plan and is recommending a committee be formed to select the members of the Master Plan Committee. He is recommending the selection committee consist of two Selectmen, two members of the Planning Board and Director of Community and Economic Development, Eric Kfoury. Donald Stewart made a MOTION, seconded by Phil DeCologero that the Board of Selectmen appoint Rosemary Smedile and Phil DeCologero to serve on the Master Plan selection committee. Vote approved 4-0. Appointment to Board of Registrars Martha Salisbury has submitted her resignation from the Board of Registrars. Per statute, the North Andover Republic Town Committee has provided three candidates for the Board to choose from to replace her. Phil DeCologero made a MOTION, seconded by Donald Stewart that the Board of Selectmen table the appointment to the Board of Registrars until the next meeting on November 14, 2016. Vote approved 3-1. Selectmen Smedile voted against. OLD BUSINESS None PUBLIC COMMENT None Board of Selectmen Minutes November 1, 2016 4 Job posting/vacancy log The Board was provided with the job/posting vacancy log from the Human Resources Department. Ask the Manager PILOT and Net Metering Credit Agreements. The town will receive an annual payment of $86,000 for the next 20 years for the PILOT. ADJOURNMENT Donald Stewart made a MOTION, seconded by Phil DeCologero to adjourn the meeting at 9:10PM. Vote approved 4-0. Laurie A. Burzlaff Executive Assistant _______________________________ Rosemary Connelly Smedile, Clerk of the Board Documents used at meeting: Minutes of October 11, 2016 Letter from GFOA Memo regarding lake clean up BOS schedule Certificate of Appreciation NAFE licensing request Middle School athletic complex memo/renderings Truck exclusion permit Stop sign request Energy reduction plan Parade request Donation letter/checks Memorandum regarding surplus equipment Master plan committee memo Appointment letter Job posting/vacancy log INTEROFFICE MEMORANDUM To: Board of Selectmen From: Andrew W. Maylor Cc: Cathy Darby, Human Resources Director Suzanne Egan, Town Counsel Date: November 10, 2016 Re: tĻƩƭƚƓƓĻƌ tƚƌźĭǤ /ŷğƓŭĻƭ _____________________________________________________________________________________ With the assistance Human Resources Director Cathy Darby and Town Counsel Suzanne Egan, I am recommending changes to the Personnel Policy effective November 14, 2016. As you may be aware the Personal Policy fa Chapter 41 along with the Town Charter places the responsibility of administering the Policy with the town manager and the responsibility to amend the Policy with the board of selectmen. The Policy governs the workplace relationship between the Town and non-union employees. The Policy also effects union and contract employees in cases where either a collective bargaining agreement or contract do not take precedence. Please note that the attached draft Policy was circulated to all non-union employees as part of an information gathering and communication process. In many cases the input of these employees was incorporated into the Policy. The proposed changes are identified in the Policy with language in red or blue representing additions (new language) or deletions represented by language that has been stricken through. The modifications fall into two categories, substantive and grammatical/corrective/format. The substantive changes relate to changes in the benefits, rights or obligations of employees. The substantive changes include: Modifying the benefits eligible during the LƓƷƩƚķǒĭƷƚƩǤ tĻƩźƚķ. The new employee LƓƷƩƚķǒĭƷƚƩǤ tĻƩźƚķ is 6 months. Under the current Policy employees are not eligible to take sick or vacation time during the LƓƷƩƚķǒĭƷƚƩǤ tĻƩźƚķ. We have found this to be unreasonable and impractical. Therefore, the LƓƷƩƚķǒĭƷƚƩǤ tĻƩźƚķ will remain the same, but employees will now be allowed to use accrued sick or vacation time after 30 days. These modifications can be found in Article VIII. Employee Benefit Programs, Sections C and F. Modifying the dollar amounts in Article VIII. Employee Benefit Programs, Section B. Longevity Increments have been modified to match the amounts in the collective bargaining agreements. The Federal Fair Labor Standards Act (FLSA) sets the rules for how employees are to be compensated when working beyond the normal work week. The employees impacted are determined by job duties and compensation. Recent changes to the FLSA substantially increased the minimum salary for an employee to be exempt from overtime to $47,000. As a result we have a number of employees (less than 10) who would be eligible for overtime if they worked beyond the normal work week, where in the past we did not. The appropriate changes to the Policy have been made to accommodate this change. It should be noted that these employees rarely, if ever, work beyond the regular work week. The Parental Leave Act (PLA), which is new, has been added to the Policy. Minor modifications to all other references to statutory requirements such as the Family and Medical Leave Act (FMLA), the Small Necessities Leave Act (SNLA), the State Ethics Law etc. have also been changed to incorporate updates to those regulations or to clarify their applicability. Article VII. Employee Conduct and Disciplinary, Section B2 requires a customer service log to be maintained by each department. Town departments which interact regularly with customers maintain a record of any complaints, but there has never been a log as is described in this section and therefore, it is has been struck in the draft Policy. An Information Technology Resources General Use, Internet/Email, and Computer Password policies have replaced the Computer Use and Internet/Email Acceptable Use policies. These can be found in Article VII. Employee Conduct and Disciplinary Action in Sections H, I, and J. It is routine when we update the Policy to update technology related policies to incorporate changes in technology and their impact on the workplace. If you have any specific questions regarding the policy or the proposed changes to the policy, please call me. A.W.M. Town of North Andover Personnel Policy Board of Selectmen: Revised November 17, 2014 November14, 2016 TABLE of CONTENTS 4 I. Introductory 5 5 5 7 7 A. Employment-at- 7 B. 8 C. 8 D. 9 E. 9 F. 10 G. 10 H. 11 I. 11 12 A. 12 B. 13 C. 14 D. 15 E. Introdu 15 F. 16 G. Lay- 17 H. Exit In 17 17 A. 17 B. 17 C. 17 D. 18 E. 18 F. 18 G. 19 H. Non- 19 V. 19 19 19 20 20 VI. Leaves of Abse 21 A. Family and Medical Leave Act Leave 21 including Military Family Leave (FMLA) Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 2 B. Military 4 C. Personal 24 D. Termina 24 E. Unpaid Leave 25 F. Small Necessities Act Leave G. Domestic Violence Leave Act26 VII. Employee Conduct 27 A. Employee Conduct 27 B. Customer 28 C. Workplace 30 D. Drug and Alcohol Use/Drug Tes31 E. Appropriate Off32 F. 32 G. 32 H. Compu 33 I. Internet/Email 35 J. Anti-Hara 364 K. Unlawful 375 L. 375 M. Town Equipment 41 N. Workplace Monitorin 42 O. Workplace Violence Prevention 420 P. Saf 431 Q. Telephone 442 R. Office Closure for In 442 S. Disciplinary and Cor 442 T. Complaint 453 44 A. Employee Benefi 44 B. Longevity 45 C. Clothing A 45 D. Vacati 46 E. 47 F. Sick 48 G. Bereavemen 49 H. Jury D 49 I. 50 J. Health I 52 K. 52 L. Vehicle 53 M. Benefit Con 57 N. Cafeteria 12 58 O. Stevens Estate Director 58 59 Employee Acknowledgemen 60 X Addendums Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 3 About the Personnel Policy and Procedure This Personnel Policy is intended to serve as general guidance to all employees, managers, and Town officials. Where negotiated terms of collective bargaining agreements and the terms of contractual agreements for appointed employees differ, the terms of the collective bargaining agreement will take precedence. The Town of North Andover and the North Andover Board of Selectmen (hereinafter referred to reserve the right to exercise its discretion at any time to amend, modify, revoke, rescind or add to any section contained in this Personnel Policy. This Policy does not and is not intended to create any enforceable rights or promises of any kind with respect to the terms and conditions of employment. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 4 I. INTRODUCTORY POLICIES A. RECITALS Pursuant to Chapter 41, Article 11 of the Town By-Laws,Chapter 41.1 of the Town By- Law, as voted by Town Meeting as Article 11 of the May 2002 Town Meeting provides that the Town Manager shall develop and recommend a Town Personnel Policy to be approved by the Board of Selectmen and administered by the Town Manager. Furthermore, pursuant to Section 108A of Chapter 41 of the Massachusetts General Laws there shall be established aA classification plan and compensation plan which plans may be amended from time to time by vote of the Town through its Board of Selectmen. These plans specifically exclude any employees covered under collective bargaining agreements, and appointed employees covered under contractual agreements. Section 41.3 of the Town By-Law provides that the Town Manager may submit to the Board of Selectmen proposed amendments to the Policy. Upon receipt of any amendments This Policy shall be reviewed annually by the Town Manager, or his designee, and any additions, deletions, or modifications presented to the Board of Selectmen will conduct a duly advertised public hearing to provide an opportunity for interested parties to comment on the prooseproposed changes. The Board of Selectmen may accept, reject or amend the proposal of the Town Manager. for review and approval. The Town Manager shall be responselberesponsible for administration and enforcement of the Personnel Policy. Any personnel question not specifically covered by the provisions of this Policy shall be addressed in accordance with the discretion of the Town Manager. In the event that any provision of this Policy is in conflict with any federal or state law or regulation, or any order, determination, ruling or regulation of a federal or state executive or administrative agency or court, this policy shall be modified to conform to the law, regulations, or order existing at that time. Such law, regulation, order, determination or ruling will be considered to supersede this policy if timely action is required. The provisions of this Personnel Policy do not and are not intended to create a contract of employment between the Town and any of its employees, managers, and town officials, nor are they to be construed to constitute contractual obligations of any kind. Rather, they are provided for guidance purposes only. The provisions of this Policy have been developed at the discretion of Town management and, except for its policy of employment-at-will, may be amended, modified, revoked, rescinded or added to at any time, in the sole discretion of the Town as approved by the Board of Selectmen.This Policy does not and is not intended to create any enforceable rights or promises of any kind with respect to the terms and conditions of employment. These provisions supersede all existing policies and practices and may not be amended or added to without the express written approval of the Town Manager and the Board of Selectmen Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 5 The invalidity of any section of this Policy shall not invalidate any other section or provision thereof. B. DEFINITIONS As used in this Policy, the following words and phrases shall have the following meanings unless a different construction is clearly required by the context or by the laws of the Commonwealth: Classification Plan : A plan classifying any or all positions, other than those filled by popular election and those under the direction and control of the school committee, into groups and classes doing substantially similar work or having substantially equal responsibilities. Compensation Plan : A plan establishing minimum and maximum salaries for each group of positions. Complaint : is an employee specific terms of this Policy. Complaint Resolution Procedure : The complaint resolution procedure is a process for resolving disputes between an employee and the Town over the interpretation or application of the specific terms of this Policy. Continuous Employment : Employment uninterrupted except for any authorized leaves of absence including required military service. Department Head : The managerial employee appointed by the Town Manager, and approved by the Board of Selectmen, for the purpose of exercising immediate supervision and control of a division sub-function. Division Director : The managerial employee appointed by the Town Manager, and approved by the Board of Selectmen, for the purpose of exercising immediate supervision and control of a Division. Employee : An employee of the Town occupying a position in the classification plan. Evaluation : Scheduled periodic review of an employee's performance. Exempt Employees: Employees who are paid a salary and are not subject to the minimum wage and overtime provisions of FLSA. Full-Time Employee : An employee retained in full-time employment. Hearing Officer : A person designated by the Town Manager to preside at a pre-termination hearing as provided for in this Policy. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 6 Introductory Period : The first six months of employment in a position, or extensions thereof, as provided for in this Policy. Longevity Pay : Compensation to an employee occupying a position in the classification plan in full-time continuous employment or regular part-time employment of five years or longer pursuant to the schedule as appearing in this Policy. Non-exempt Employees: Employees who are paid a fixed wage and are eligible for overtime pay in accordance with the provisions of FLSA. Permanent Employee : Subject to the provisions of at-will employment, an employee retained on a continuing basis in an ongoing, funded position for a period of more than six (6) months. Permanent Employment : Subject to the provisions of at-will employment, employment for the Town that has required or which is likely to require the services of an incumbent without interruption for a period of more than six calendar months, either on a full-time or part-time employment basis. Promotion : A change from a position of lower class and compensation grade to a position with greater responsibilities in a higher class and compensation grade. Regular, Part-Time Employment : Employment for the Town for a minimum of 20.0 hours to a maximum of 37.4 hours per week for fifty-two weeks per year, less any authorized leaves of absence. Any person so employed is a regular, part-time employee. Temporary Employee : An employee who is hired as an interim replacement, to temporarily supplement the work force, or to assist in the completion of a specific project. Employment assignments in this category are of a limited duration for a period not exceeding six (6) calendar months or less than 20 hours/week. Temporary Employment : Employment for the Town which requires or is likely to require the service of one incumbent for a period not exceeding six calendar months, either on a full-time or part-time basis or less than 20 hours a week if more than six calendar months. Town : The Town of North Andover. Town Manager : The Town Manager is the Chief Administrative Officer of the Town appointed by the Board of Selectmen, as defined herein. C. HUMAN RESOURCES ADMINISTRATION (1.) The Town Manager shall administer the classification and compensation plans and shall establish such procedures as he or she deems necessary for the proper administration thereof, and, may designate a Human Resources Director and assign him/her such duties as the Town Manager deems necessary. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 7 (2). The Town Manager, or his/her designee, may employ assistance and incur expenses in conjunction with the implementation of this policy, as he or she deems necessary, subject to the appropriation of funds therefore. (3.) The Town Manager, or his/her designee, shall maintain adequate personnel records of all employees occupying positions subject to this Policy. Said records are to be kept in the custody of the Town Manager or his/ her designee. Department Heads or Division Directors shall provide such information as the Town Manager may request. (4.) The Town Manager, or his/her designee, from time to time, shall investigate the work, features, and rates of salaries or wages of any or all positions subject to the provisions of this Policy. Such reviews shall be made at such intervals as the Town Manager or his/her designee deems necessary. II. GENERAL EMPLOYMENT PROVISIONS A. Employment-at-Will Employment1. Employment with the Town is voluntarily entered into, and the employee is free to resign at will at any time, with or without reason. Similarly, the Town may terminate its employment relationship with any employee at-will at any time, with or without notice or reason, provided there is no violation of applicable federal or state law. B. Equal Employment Opportunity In1. In order to provide equal employment and advancement opportunities to all individuals, employment decisions are based on merit, qualifications, and abilities. The Town does not discriminate in employment opportunities or practices on the basis of race, color, religious creed, gender age, marital status, genetic information, disability or on any other basis protected by federal, state, or local law or ordinance. This policy governs all aspects of employment, including selection, job assignment, compensation, advancement, workforce reduction or transfer, leaves of absence, discipline, termination, and access to benefits and training. 2. Town management will make reasonable accommodations for qualified disabled individuals with known disabilities, unless doing so would result in an undue hardship. 3. Any employees with questions or concerns about any type of discrimination in the workplace are encouraged to bring these issues to the attention of the Town Manager or the Human Resources Director. Employees can raise concerns and make reports without fear of reprisal or retaliation of any kind. Anyone found to be engaging in any type of unlawful discrimination or retaliation will be subject to disciplinary action, up to and including termination of employment. C. Disability Accommodation Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 8 The1. The Town is committed to complying fully with Massachusetts and federal law concerning disabled persons and ensuring equal opportunity in employment for qualified disabled persons. All employment practices and activities are conducted on a non-discriminatory basis. Hiring procedures have been reviewed and provide persons with disabilities meaningful employment opportunities. Pre-employment inquiries are made only regarding an applicant's ability to perform the duties of the position. Reasonable2. Reasonable accommodation is available to all disabled employees who are otherwise qualified, where their disability affects the performance of job functions, except when providing such accommodation imposes an undue hardship on the business operations of the Town. All employment decisions are based on the merits of the situation. If an individual needs an accommodation, it is his or her responsibility to advise the Town Manager or the Human Resources Director. The Town may ask for suggestions in defining what special accommodations are needed, and employees must cooperate fully and engage in an interactive process to best identify a reasonable accommodation. Employees3. Employees are required to cooperate fully with the Town in the procurement of medical records so that the Town can fully comply with the provisions of the Americans with Disabilities Act (ADA). Employees are required to supply any and all records the Town lawfully requests, and execute any medical authorizations or release forms provided by the Town or a medical care provider, consistent with the law. Qualified4. Qualified individuals with disabilities are entitled to equal pay and other forms of compensation as well as equal treatment in job assignments, classifications, organizational structures, position descriptions, lines of progression, and seniority lists. Leave of all types will be available to all employees without regard to their status as disabled. This5. This policy is neither exhaustive nor exclusive. The Town is committed to taking all other actions necessary to ensure equal employment opportunity for persons with disabilities in accordance with any applicable laws. D. Business Ethics and Conduct The1. The successful operation of Town business and the reputation of the Town are built upon the principles of fair dealing and ethical conduct among employees. Our reputation for integrity and excellence requires careful observance of the spirit and letter of all applicable laws and regulations, as well as a scrupulous regard for the highest standards of conduct and personal integrity. Our2. Our continued success in serving the Town and its citizens is dependent upon our maintaining the trust of our citizens, vendors and service providers, and we are dedicated to preserving that trust. Employees owe a duty to the Town to act in a way that will merit continued trust and confidence. The Town regards ethical conduct with those organizations providing goods and services to the Town, and those organizations to which we provide goods and services, as paramount to the establishment of an effective working relationship. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 9 The3. The Town will comply with all applicable laws and regulations and expects its officials and employees to conduct business in accordance with the letter, spirit, and intent of all relevant laws and to refrain from any illegal, dishonest, or unethical conduct. The integrity of all employees is an indispensable source of goodwill and must remain unquestioned. E. Conflicts of Interest 1. All Town employees shall comply with the rules and regulations and requirements of G. L. c. 268A and any policy or rule as required thereby.Issues related to conflicts of interest are addressed in statements by the State Ethics Commission and M.G.L. c268A. 2. Specifically, employees must avoid conflicts of interest between their obligation to the Town and their personal affairs. An actual or potential conflict of interest occurs when an employee is in a position to influence a decision that may result in a personal gain for that not only in cases where an employee or relative has a significant ownership in a firm with which the Town does business, but also when an employee or relative receives any kickback, bribe, gift, or special consideration as a result of any transaction or business dealings involving the Town. No employee should have an economic interest in, hold a position in, or maintain a relationship with any firm, person or corporation with which the Town does business or on the highest ethical principles, will guide employees with respect to lines of acceptable conduct. If a situation arises where a conflict may develop or where it is difficult to determine supervisor, the Town Manager, or the Human Resources Director as soon as possible so that safeguards can be established to protect all parties. In addition, an employee with questions, concerns, or issues related to conflicts of interest may contact the State Ethics Commission. 3. Compliance with this policy of business ethics and conduct is the responsibility of every Town employee. Disregarding or failing to comply with appropriate business ethics and conduct could lead to disciplinary action, up to and including termination of employment. 3. Nothing in this Policy shall be construed to conflict with Chapter 268A of the Massachusetts General Laws for conflicts of interest. New employees are required to complete the mandatory on line training program with 30 days of hire and existing employees are required to complete the training every two years. . F. Confidentiality During1. During the course of employment by the Town of North Andover, employees may have access to confidential information relating to the Town, its business dealings, or its citizens. To the extent such information represents exceptions to public records as provided by the Secretary of the Commonwealth of Massachusetts and M.G.L. c. 4, §7, the transmittal of confidential Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 10 information consisting of matters not generally known outside of the Town Offices is prohibited. Employees must utilize good judgment, common sense and caution at all times to avoid unauthorized or improper disclosures. 2.Employees understand that any disclosure of confidential information without express approval from the Town Manager is expressly prohibited and is cause for disciplinary action, up to and including termination of employment, as well as possible criminal or civil action, even if they do not benefit personally from the disclosed information. In such event, the Town may be entitled to specific performance or injunctive relief as well as any costs incurred by the Town, including Employees3. Employees are strongly encouraged to discuss any questions relating to confidential information relating to the Town with their supervisor, the Town Manager, or the Human Resources Director. G. Political Activities 1. It shall be the policy of tThe Town shall 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. 2.In accordance with the Campaign Finance Laws, M.G.L. c. 55, 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 work hours, nor in uniform nor on Town property (except in locations designated by the Town Manager), nor using Town resources including, but not limited to office space, equipment, vehicles, uniforms, letterhead stationery, and email. 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. Any3. Any employee mayMay, on his/her own time, and without the use of any Town resources (as described above), advocate for or against any ballot question or candidate. Town employees may not give, solicit, or receive political funds in any Town 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 Town ballot question or candidate. Paid appointed public employees are prohibited from political fund raising at any time for any Town ballot question or candidate, whether at work or not. Nothing4. 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. H. Nepotism, Dating and Employee Fraternization H. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 11 1. All Town employees shall comply with the State Ethics Law regarding the prohibition against nepotism and disclose to their appointing authority any instance where their interactions with their relatives when they are acting in their official capacity may give rise to the appearance of impropriety. The requirements and obligations of the State Ethics Law set out the specific prohibitions against nepotism and each employee shall be held to the standard as set out in the law. The provisions herein is in addition to the obligations under the State Ethics Law. 1.When in the normal selection process, relatives of Town employees or officials are considered for appointment or promotion, the Town Manager shall be notified, in writing, by the Division Director or Department Head. Any employee who desires to be considered for an appointment or a promotion to a position which may interact with a relative shall disclose their relationship in writing to the Town Manager. No person shall be hired or promoted based solely upon their family relationship to another Town employee. N No employee shall be in a position that supervises his/her relative, directly or indirectly, unless said employee submits to the Town Manager a written disclosure regarding the familial relationship and the Town Manger approves of such supervision in writing. . Any2. Any dating or romantic relationships that result in a direct or indirect reporting relationship must be reported through supervisory and management chains of command. In this connection, the Town reserves the right to adjust any work arrangements to avoid an actual or perceived conflict. 3. 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 Town personnel. In this connection, the Town Manager may modify schedules, shifts, or work units to eliminate any potential for conflict. Relatives4. 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. I. Civil Service Law 1. Nothingnothing in this Policy shall be construed to conflict with M.G.L. c. 31 for employees classified as Civil Service employees. III. EMPLOYMENT STATUS A. Employment Categories It1. It is the intent of the Town to clarify the definitions of employment classifications so employees can understand their employment status and benefit eligibility. These classifications do not guarantee employment for any specified period of time and do not in any way alter the - As2. As Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 12 either EXEMPT or NON-EXEMPT from federal and state wage and hour laws. An employee's EXEMPT or NON-EXEMPT classification may be changed only upon written notification from the Town Manager or his/her designee.management. 3. EXEMPT employees are paid a salary and are not subject to the minimum wage and overtime provisions of the FLSA because they meet the exemption requirements for executive, administrative, or professional and whose positions require the exercise of discretion and independent judgment and/or require decision-making regarding personnel. Additionally, certain other highly compensated employees (those earning over $100,000 per year, as of 12/1/2016 those earning over $134,000 per year) and computer professionals (including programmers, software engineers, and computer analysts) are included. Exempt employees are not entitled, therefore, to overtime pay or compensatory time. 4. NON-EXEMPT employees are paid a fixed wage and are eligible for overtime pay in accordance with the provisions of the FLSA. A non-exempt employee who, with authorization, actually works more than regularly scheduled full-time hours40 hours a week during any weekly pay period may receive overtime pay at the rate of time and one half. At the Department discretion, an employee may be required to take compensatory time calculated at one and one- half times the number of hours worked in lieu of overtime pay. Overtime pay is based upon actual number of hours worked during the work week including holidays, vacations and personal days but does not include sick leave or other leaves of absence (see also Section IV-D, Compensatory Time). In5. In addition to the above categories, each position held by an employee of the Town employee will belong to one other employment category: is either a regular full-time or regular part-time position. a) REGULAR FULL-TIME employees are those who are not employed on a temporarya temporary basis and who are regularly scheduled to work the full-time schedule of not less than seven and one-half hours a day, five days a week for 52 weeks per year, less legal holidays and any authorized leave of absence. Generally, regular full-time employees are eligible for certain benefits provided by the Town, subject to the terms, conditions, and limitations of each benefit program. b) REGULAR PART-TIME employees are those who are not employed by the Town on a temporary basis and who are regularly scheduled to work less than 37.5 hours per week for 52 weeks per year, less legal holidays and any authorized leaves of absence, with pro-rated employee benefits, with the exception that an employee working more than 20 hours weekly will be eligible to receive the same health insurance benefits as regular employees unless the plan document has a different eligibility requirement. Refer to the plan document to determine eligibility.. 6. Each position is employee holds a position that is either permanent or temporary. PERMANENTa) PERMANENT employees are retained on a continuing basis in an ongoing, funded position. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 13 TEMPORARYb) TEMPORARY employees are those who are hired as interim replacements, to temporarily supplement the work force, or to assist in the completion of a specific project. Employment assignments in this category are of a limited duration for a period not exceeding six (6) calendar months or less than 20 hours/week. Employment beyond any initially stated period does not in any way imply a change in employment status. Temporary employees retain that status unless and until notified of a change in writing. While temporary employees receive any legally mandated benefits, they are ineligible for all other benefit programs provided by the Town B. Deductions from Pay of Salaried Workers 1.The Fair Labor Standards Act (FLSA) is a federal law which requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over forty (40) hours in a workweek. 2. The FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, outside sales, and computer professional employees. 3.(1) Salary Basis Requirement: Subject to exceptions listed below, an exempt employee must receive the full salary for any workweek in which the employee performs any work, regardless of the number of days or hours worked. Exempt employees do not need to be paid for any workweek in which they perform no work. If the employer makes deductions from an the operating requirements of the business, that deductions may not be made for time when work is not available. Under4. Under the law, deductions from the pay of an exempt employee are permissible in the following circumstances: a. Unpaid personal leave in full-day increments other than for sickness or disability; b. Sickness or disability leave in full- policy or practice of providing pay for salary lost due to illness; c. To offset amounts employees receive as jury or witness fees, or for military pay; d. Unpaid disciplinary suspensions of one or more full days imposed for workplace conduct rule infractions; e. Deductions in the first or last week of employment; and f. Suspensions for violations of safety rules of major significance. 5. (2) Adherence to FLSA: It is the policy of tThe Town to complyshall comply with the salary basis requirements of the FLSA. Therefore, improper deductions from the salaries of exempt employees are prohibited. If an employee believes that an improper deduction has been made to his/her salary, the employee should immediately report this information to his/her supervisor or the Human Resources Director. Reports of improper deductions will be promptly investigated. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 14 If it is determined that an improper deduction has occurred, the employee will be promptly reimbursed for any improper deduction made. Additionally, retaliation against those who make good-faith reports will not be tolerated. C. Personnel Records and Data Changes 1. (1) The Town strives to maintain accurate records on all employees. It is the responsibility of each employee to promptly notify his/her supervisor or the Human Resources Director of any changes in personnel data. Personal mailing addresses, telephone numbers, number and names of dependents, name change, marital status, individuals to be contacted in the event of an emergency, and other such information should be accurate and current at all times. Failure to 2.(2) Materials originating from the Town that are derogatory to an employee's conduct, service, character or personality shall not remain placed in the personnel file unless the employee has had an opportunity to read the material within thirty days of it being placed in the file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the actual copy to be filed. Such signature does not necessarily indicate agreement with its content, but merely signifies that the employee has read the material to be filed. 3. (3) The employee shall have the right to answer any material filed, and his/her answer shall be attached to the file copy. 4. (4) If any material is placed in an employee's file without proper notice and opportunity to respond, said material shall be removed until such time as the employee has had an opportunity to reply. 5. (5) material in his/her personnel file, if requested in writing by the employee. A copy of any such material shall be furnished to the employee at his/her request within five (5) days of the request. An employee or former employee may be required to reimburse the Town for photocopying costs. 6. (6) Some personnel records and employee data may be subject to the Public Records LawAct and, therefore, subject to disclosure. D. Resignation Since1. Since employment with the Town is based on mutual consent, both the employee and the Town have the right to terminate employment at-will, with or without reason or notice, at any time. Departing employees will be paid all accrued but unused benefits, such as vacation time, at the time of resignation. Some benefits may be continued at the employee's expense, if the employee so chooses. The employee will be notified in writing of the benefits that may be continued and of the terms, conditions, and limitations of such continuance. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 15 Resignation2. Resignation is a voluntary act initiated by the employee to end employment with the Town. At least two (2) weeks written resignation notice is requested from employees. E. Introductory Period 1. The Introductory Period is intended to give employees in a new position the opportunity to demonstrate their ability to achieve a satisfactory level of performance and to determine whether their new position meets their expectations. The Town of North Andover uses this period to evaluate employee capabilities, work habits, and overall performance. Either the employee or the Town of North Andover may end the employment relationship at will at any time during or after the introductory period, with or without cause or advance notice. 2. The first six (6) months of employment after the date of hire in a new position are considered the Introductory Period. Any significant absence by the employee will automatically extend the introductory period by the length of the absence. If the Town Manager determines that the designated introductory period does not allow sufficient time to thoroughly evaluate the employee's performance, the introductory period may be extended only for a maximum of an additional 90 calendar days. No permanent employee shall serve more than one introductory period during his/her tenure of employment in a specific position. After completing the introductory period, employees will be eligible for Town-provided accrual benefits, subject to the terms and conditions of each benefits program. Eligibility for health insurance benefits is in accordance with the Commonwealth of Massachusetts Group Insurance Commission. 3. If an employee is promoted to another position, the first six (6) months of employment after entering the new position are also considered an Introductory Period. If, upon completion unsatisfactory, he/she may return to his/her former position, if available. If the previous position is no longer available, every effort shall be made to provide similar or comparable employment. However, the Town does not have an obligation to provide such employment. F. Termination Process While1. While all employees remain at-will employees at all times, generally, the following process will be followed in terminating employment: The2. The Division Director, Town Manager or other designated supervisory administrator will provide a permanent employee (i.e., non-introductory period) with written notification of their dismissal. Upon notification, the permanent employee will be relieved of his/her duties and access to the Town IT system shall be terminated. Within forty-eight hours after receipt of said notice, a permanent employee may submit, in writing, a request to discuss this action with the Human Resources Director or the Town Manager in the case of the dismissal of a Division Director, the Assistant Town Manager or other Department Head that is supervised by the Town Manager. The Human Resources Director, Town Manager or other designee of the Town Manager will meet with the employee within three (3) business days of said request to discuss the reason for the termination. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 16 3. The Town reserves the right to skip any or all of these steps and mayMay, as circumstances warrant, move immediately to termination of employment. 4. Employees may be placed in a paid or an unpaid status during the termination process at the discretion of the Town Manager. G. Lay-off/Reinstatement 1. (1) In the case of a layoff, employees will be given a minimum of two weeks prior written notice. At the discretion of the Town Manager, employees subject to lay-off may be given two pay-in-lieu of notice. 2. (2) If an employee is reinstated within one year of his/her lay off, the employee will will resume accrual at the time of reinstatement. However, in no case will the employee receive credit for the period of the layoff. H. Exit Interviews The1. The Town will generally schedule exit interviews at the time employment ends. The exit interview will afford an opportunity to discuss such issues as employee benefits, conversion privileges, and/or return of Town-owned property, such as tools, keys, gas cards, and identification cards. Suggestions, complaints, and questions can also be voiced. IV. WORK. WORK CONDITIONS AND HOURS A. Work Schedules The1. The Town offices are open for business from 8:00 AM to 4:30 PM, Monday, Wednesday and Thursday, from 8:00 AM to 6:00 PM on Tuesday and 8:00 AM to 12 PM on Friday (with the exception of holidays). Regular full-time employees are expected to work thirty seven and one- half (37.5) hours per week based on the aforementioned schedule between these hours, plus a 30- minute unpaid meal/lunch break Monday through Thursday. Any modification to this Work Schedule must be requested in writing to and approved by the Town Manager. The Town business hours may be modified at any time at the sole discretion of the Town Manager. Employees2. Employees are expected to be at work, in their designated work areas, for the established hours each day. Employees are expected to arrive promptly at the start of their workday, take the appropriate allotted time for lunch and breaks. Lunch and break times may not be used to shorten the regular workday. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 17 B. Meal Periods 1.In accordance with MG. L. c. 149, §100, each workday, regular full-time nonexempt employee and other employees who work more than six (6) hours per day are provided with an unpaid 30- minute meal break. C. Overtime for Non-Exempt Employees When1. When operating requirements or other needs cannot be met during regular working hours, employees may be scheduled to work overtime hours. When possible, advance notification of these mandatory assignments will be provided. It is essential that all employees be available for overtime work, when necessary, and those employees have flexibility with regard to any personal or other professional commitments. All overtime work must be pre- approved, either verbally or in writing by the Division Director. 2. Overtime compensation is paid to all non-exempt employees in accordance with federal and state wage and hour restrictions. For non-exempt employees, payment is one and one-half -time workweek schedule. Overtime pay is based on actual hours worked. Time off on accrued vacation time, holiday, sick/personal time or any other leave of absence will not be considered hours worked for purposes of performing overtime calculations. At the Department Head discretion, an employee may be required to take compensatory time calculated at one and one- half times the number of hours worked in lieu of overtime pay. Failure3. Failure to work scheduled overtime or working overtime without prior authorization may result in disciplinary action, up to and including termination. D. Compensatory Time for Non-Exempt Employees At1. At the option of the Department Head, non-exempt employees are eligible to receive compensatory time in lieu of overtime in conformance with the Fair Labor Standards Act (FLSA). Any compensatory time must be utilized within the subsequent 120-day period after when it is earned. As with any time away from work, employees must schedule the use of compensatory time with their supervisor. (See also Section III-A, Non-Exempt Employees) E. Additional Hours for Exempt Employees Exempt1. Exempt employees are not eligible for overtime or compensatory time. Exempt employees are expected to work the number of hours necessary to accomplish assigned duties and responsibilities. With regard to time sheet record keeping and this policy, Additional Hours are defined as as the result of an emergency or extraordinary situation as determined by the appropriate Division Director or the Town Manager. The recording of Additional Hours worked is for informational purposes only and in no way should be construed that the exempt employee has accrued compensatory time or overtime to be Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 18 taken as future leave or to be paid for. Exempt2. Exempt employees with the permission of their supervisor may, on occasion, take time off from when the exempt employee has worked approved Additional Hours. shall be limited to an occasional half-day off or less, but shall not include full days and/or weeks off. The3. The balance of Additional Hours will expire at the end of the calendar year in which they were reported. F. Smoking The1. The Massachusetts Smoke-free Workplace Law (MG. L. c. 270, §22) prohibits smoking in workplaces in order to protect employees and the public from second-hand smoke. Employees are permitted to smoke outside the building on their own time during the meal/lunch break. While there is no designated smoking area, an employee smoking outside the building must be sufficiently far away from the Town premises so as not to disrupt or disturb employees or visitors with second-hand smoke. The2. The Town will not discriminate or retaliate in any manner against an employee who makes a complaint for violations of this policy or for furnishing information concerning a violation to a person, entity, organization or an enforcement authority. G. No Personal Projects During1. During the workday, employees are shall not permitted to spend time on personal projects or work. H. Non-solicitation Employees1. Employees shallmust not solicit other employees for any purpose during working time. Employees are not permitted to distribute non-work related literature of any kind at any time in work areas. No information may be posted on Town bulletin boards unless approved by the Town Manager. Non-employees are prohibited from distributing literature of any kind or soliciting employees for any purpose at any time on Town premises. V. TIMEKEEPING/PAYROLL A. Timekeeping Accurately1. Accurately recording time worked is the responsibility of every employee. Federal and state laws require the Town to keep an accurate record of time worked in order to calculate Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 19 Employees2. Employees must accurately record the time and submit bi-weekly time sheets. Employees must verify and sign off on his/her time sheet prior to its submission. Non3. Non-Exempt employees who report for work late or who work unauthorized overtime may be subject to disciplinary action. 1. Altering, falsifying, tampering with time records, or recording time on another employee's time record may result in disciplinary action, up to and including termination of employment. B. Paydays A1. A bi-weekly pay period begins on a Sunday and ends on the second Saturday following. All employees are paid bi-weekly, on the Thursday following the end of the pay period. In2. In the event that a regularly scheduled payday falls on a holiday, employees will receive pay on the last day of work proceeding the regularly scheduled payday. 3.In the absence of direct deposit, if a regular payday falls during an employee's vacation, the employee's paycheck will be available upon his/her return from vacation. Advanced vacation pay is not permitted C. Pay Deductions Massachusetts1. Massachusetts and/or federal law require certain deductions from every ing any applicable federal or state income taxes. Medicare New employees are required to complete all applicable payroll and benefits paperwork prior to beginning their employment. As2. As referenced in greater detail in Section VIII of this Policy, several benefits programs beyond those required by law are also provided. Eligible employees who choose to participate in these programs may voluntarily authorize deductions from their paychecks to cover the costs of participation. Employees3. Employees who have any questions about the amount or manner in which deductions are made from their paychecks should speak with the Payroll Office. D. Administrative Pay Corrections The1. The Town takes all reasonable steps to ensure that employees receive the correct amount of pay in each paycheck and that employees are paid promptly on the scheduled payday. In the unlikely event that there is an error in the amount of pay, the employee must promptly bring the discrepancy to the attention of their respective supervisor and the Payroll Office so that corrections can be made as quickly as possible. This includes overpayment as well as underpayment. The employee shall be responsible for reimbursing the Town for any Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 20 overpayment he/she incorrectly receives in a paycheck. Employees are responsible for notifying the Town of any deductions that did not commence after the employee enrolled in a benefit plan and will be subject to paying for said deductions. VI. LEAVES OF ABSENCE A. Family and Medical Leave Act including Military Family Leave (FMLA) 1.(1) An employee who has been employed for twelve (12) consecutive months or who has worked 1,250 hours in the last twelve months is entitled to up to a total of twelve (12) weeks of family medical leave in one calendar year. 2. (2) Family medical leave may be requested and must be granted for: (a)The birth of a child and to care for the newborn child within one (1) year of birth, or the adoption of a child under eighteen (18) (or over eighteen (18) if the child has a physical or mental disability and is unable to care for itself) and to care for that child; or (b)The placement of a child with the employee for adoption or foster care and to care for the newly placed child within one year of placement. c.(c) stepparent, or an individual who stood in loco parentis, or child with a serious health condition. Child is defined as including biological, adopted, or foster children, stepchildren, or child of a person with legal guardianship or who has day-to-day responsibility to care for and financially support a child, even if there is no biological or legal relationship; or d.(d) The serious health condition of the employee that makes the employee unable to perform the functions of his or her position. Serious health condition is defined in accordance with the Family Medical Leave Act, 29 CFR Sec. 825.114. 3. (3) Military Family Leave. Eligible employees may take up to twelve (12) weeks of leave in any twelve (12) month period for other Qualifying Exigencies connected with military service, and may take up to twenty-six (26) weeks of leave in a single twelve (12) month period if needed to care for a spouse, son, daughter, parent or step parent, who is a Covered Service Member with a serious illness or injury incurred in the line of duty while on active duty. a.(a) Qualifying Exigency Leave Up to twelve (12) weeks of FMLA Leave is available for certain exigencies arising out of the fact that a covered military member is on active duty or called to active duty status in support of a contingency operation. The exigencies that may qualify for leave are: (1) Short-notice deployment; (2) Military events and related activities; (3) Childcare and school activities; (4) Financial and legal arrangements; (5) Counseling; (6) Rest and recuperation; (7) Post-deployment activities; and (8) Additional activities not encompassed in the Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 21 other categories, but agreed to by the employer and employee. Qualifying exigency leave is available to a family member of a military member in the Reserves or National Guard; it does not extend to family members of military members in the regular armed forces. b.(b) Covered Service Member Care Leave Leave to care for a family member who is a covered service member is limited to a one-time leave of up to 26 weeks within a single 12 month period. An eligible employee must be needed to care for a family member injured in the course of duty while on active duty with the military. The leave is available on a one-time basis for an injury or incident befalling that family member. For purposes of this leave only, the definition of family member is applicable definition of family member under the FMLA. c.(c) Definition of Covered Service Member current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. A serious injury or illness is one that was incurred by a service member in the line of duty on active duty that may render the service member medically unfit to perform the duties of his or her office, grade, rank, or rating. 4. (4) Except for caring for a newborn or adopted child, when necessary, leave may be consecutive, intermittent or on a reduced hour schedule. In the event of pregnancy, family medical leave will begin on the date of birth of the child unless the employee begins her leave on an earlier date when her physician deems her disabled. 5.(5) An employee must notify the Human Resources Director, in writing, of their request for family medical leave, with a copy to their Division Director, at least thirty (30) days in advance of the intended date upon which leave will commence and terminate, unless prevented by an emergency situation from giving that length of notice. 6. (6) It is the obligation of the employee intending to use FLMA leave to provide the employer with sufficient information to determine that a requested leave qualifies for leave under this policy. The Town may request that employees on leave for a serious health condition to provide medical certification and/or records necessary, including an executed authorization to obtain medical records pertaining to the temporary physical disability, within the time required under the law. The employee may also be requested to provide medical recertification at various intervals. 7. (7) Eligible employees may be required to complete medical certification forms that forms much be provided to their supervisors before employees will be permitted to return to work. The Town reserves the right to request additional medical documentation or require a fitness-for-duty examination, as may be necessary and consistent with applicable laws. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 22 8. If an employee fails to timely submit a properly requested medical certification (absent sufficient explanation of delay) FMLA protection for the leave may be delayed or denied. If the employee never provides a medical certification, then the leave is not FMLA leave. If an employee fails to submit a properly requested fitness-for-duty certification, the employer may delay job restoration until the employee provides the certification. If the employee never provides the certification, he/she may be denied reinstatement. 9. (8) When requesting family medical leave, the employee should state which type of accrued leave to be utilized, if any. Although not required to do so, an employee on FMLA, shall be allowed to use accrued sick leave for the duration, and may use any accrued personal and vacation leave if sick leave is exhausted, for a total of twelve weeks. An employee requesting accrued leave to care for a family member shall be approved to utilize accrued sick leave for the first thirty (30) days, or six (6) weeks, and shall be pro-rated one day of vacation or personal leave for each additional week of leave requested. The other four (4) days may continue to be deducted from accrued sick leave. An employee on leave under FMLA is not eligible for sick leave bank benefits. Usage of leave under FMLA excludes application to sick leave banks. 10. (9) Employee is in a paid status during all or part of the FMLA leave period, employee contributions for continued medical benefits at the regular employee rate will be deducted. For any period of FMLA leave where the employee is in an unpaid status, the employee can continue medical insurance coverage by making timely payments at the employee contribution rate. The employee will continue to accrue holiday, vacation and sick leave credits during paid leave. In the event that the employee exhausts all accrued leave, there will be no further accrual of holiday, sick or vacation leave. Seniority, however, will accrue during the term of the leave. An employee taking such leave is entitled to be restored to the same or an equivalent position as held by the employee when the leave commenced, the same status, pay, and length of service credit, and will be entitled to any other benefits the employee would have accrued had he/she not taken family leave. 11. (10) In order for an employee's return to work to be properly scheduled, an employee on FMLA leave is requested to provide the Town with at least two (2) day advance notice of the date he/she intends to return to work. An employee who has notified the Town of his/her intent to return from FMLA leave will be reinstated to the same or an equivalent position upon her return to employment, with the same status, pay, length of service credit and seniority as the position the employee held prior to the leave. If an employee's job was changed temporarily because of her pregnancy prior to leave (e.g., her hours were reduced or her duties were changed as an accommodation), she will be restored to the same or similar position held prior to such temporary change, if possible. If an employee fails to report to work promptly at the end of the FMLA leave, the Town will assume that the employee has voluntarily resigned. 12. (11) The Town may designate extended leave as Family Medical Leave, when appropriate. Nothing in this policy shall be construed to conflict with either the federal Family Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 23 and Medical Leave Act or the Massachusetts ParentalMaternity Leave Act (MG. L., c. 149, §105D). 13. (12) Eligible employees may choose to defer or not exercise their rights under the Family and Medical Leave Act. B. Military Leave 14. Eligibleemployees who are absent from work while serving in the United States uniformed services are granted a military leave of absence in accordance with the Uniformed of 2003, as adopted by the 2004 Annual Town Meeting. C. Personal Leave 1.All employees, after completion of the Introductory Period,after 30 days of employment may, with the prior approval of the Department Head and/or Division Director, use up to four (4) days in each fiscal year for personal reasons. These days may be used to extend a vacation period, with advance notice and approval by his/her Division/Department Head. Except in cases of emergency, personal days require twenty-four (24) hours advance notice. Unused personal leave cannot be carried over into next fiscal year. D. Terminal Leave 1. An employee whose service is terminated by the employee voluntarily filing a supraannuationsuperannuation retirement application with the Essex County Retirement Board and retirement that application is accepted shall be allowed a portion of his/her accumulated sick leave as terminal leave. The following formula shall be used in computing the amount of terminal leave to be allowed a retiring employee: a.(1) Twenty-five (25) whole years of continuous full-time service with the Town shall be considered 100% service. b.(2) An employee who qualifies for terminal leave shall be entitled to the same percentage that the number of years of service bears to the 100% service factor of 25 years provided that: for employees hired prior to August 1, 2007 in no case shall said leave shall be be measured by no more than 75 days accumulated sick leave or fifteen (15) work weeks, whichever is the lesser, .and Ffor employees hired after August 1, 2007, said leave shall be measured by no more than 25 days accumulated sick leave or five (5) work weeks, whichever is the lesser. 2. An employee, whose service is terminated by death, is eligible for the same benefits as those as if an employee (3)Upon the death of an employee, benefits shall be paid to the estate of the deceased. E. Unpaid Leave of Absence Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 24 The1. The Town may grant leaves of absence without pay to eligible employees who wish to take time off from work duties to fulfill personal obligations or to address emergency situations. a.(1) The Town Manager or his/her designee may, in his/her sole discretion, grant an employee's request for a leave of absence without pay for good and sufficient reasons. Such a leave shall, if granted, generally not exceed three (3) months, with an option to extend by an additional three (3) months. b.(2) An employee seeking a leave of absence shall submit a written request to the Town Manager explaining the reasons why a leave is requested, and how long a leave the employee is requesting. Such written request shall, except in case of emergency, be submitted to the Town Manager at least four (4) weeks prior to the date on which the employee wishes to start the leave. The Town Manager shall have the sole discretion as to whether to approve a request for a leave of absence, and as to the duration of any leave approved. Requests for unpaid leave of leave will be evaluated based on a number of factors, including anticipated workload requirements and staffing considerations during the proposed period of absence. c.(3) An approved leave of absence shall not constitute a break in service. However, an employee on an approved leave, other than a leave for military service shall not accrue seniority or other benefits for the period of the leave. An employee on approved leave will not be entitled to any benefits. Subject to the terms, conditions, and limitations of the applicable plans, the health insurance benefits to eligible employees will be provided until the time the approved personal leave begins. At that time, the employee will become responsible for the full cost of their health insurance benefits if they wish coverage to continue. An employee can continue group health insurance coverage by paying the full premium cost in advance on a monthly basis. When an employee returns from personal leave, benefits according to the terms, conditions and limitations of the applicable plans will again be provided. d.(4) All leave accruals, such as vacation, sick, and personal time, will be suspended during the leave and will resume upon return to active employment. When an unpaid leave of absence ends, every reasonable effort will be made to return the employee to the same position, if it is available, or to a similar available position for which the employee is qualified. However, reinstatement cannot be guaranteed in all cases. An employee returning to work after an approved leave of absence will be placed at that step of the salary schedule at which he was being paid prior to said leave of absence. 5. (5) Employees may be allowed up to 12 weeks unpaid leave per year for the serious illness of the employee or an immediate family member. Terms and conditions of this leave, including eligibility, are contained in the Family and Medical Leave Act of 1993 as described in Paragraph Above. 6.(6)If an employee fails to report to work promptly at the expiration of the approved leave period, the Town will assume the employee has resigned. F. Small Necessities Act Leave Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 25 In1. In accordance with MG.L. c. 149, §52D, all employees will be permitted to take up to twenty-four (24) hours of unpaid leave in any twelve month period for the purpose of participating directly or indirectly in school activities of a son or daughter; to accompany a son or daughter to routine medical and dental appointments; or to accompany an elderly relative to routine medical or dental appointments. Although the leave is unpaid, employees may use available vacation or sick time to compensate for the absence. The SNA Leave may be taken all at once, intermittently, or on a reduced work schedule. Employees wishing to take SNA Leave must provide seven days written notice to their supervisors, where possible. If seven (7) notice is not possible, notice must be provided as soon as practicable. Employees shall complete an Employee Certification form and give the original to Human Resources and a copy to the Division Director. SNA Leave must be documented on the timesheet and the annual attendance calendar. G.Domestic Violence Leave Act 1. In accordance with M.G.L. ch.149, §section 52E, all employees will be permitted to take up to fifteen (15) days unpaid leave in any 12 month period if (a) the employee, or a family member of the employee, is a victim of abusive behavior; (b) the employee is using the leave from work to: seek or obtain medical attention, counseling, victim services or legal assistance; secure housing; obtain a protective order from a court; appear in court or before a grand jury; meet with a district attorney or other law enforcement official; or attend child custody proceedings or address other issues directly related to the abusive behavior against the employee or family member of the employee; and (c) the employee is not the perpetrator of the abusive s of imminent danger, the employee shall provide twenty-four hour (24) advance notice of said leave. If there is a threat of imminent danger, the employee shall notify his/her supervisor within three (3) workdays that the leave was taken under this section. 2.If an unscheduled absence occurs, the employee, within thirty (30) days of the absence, shall provide his/her supervisor with documentation evidencing leave was taken consistent with the Domestic Violence Leave Act, as described in M.G.L. ch.149, section 52E(e). An3. An employee seeking leave under this section shall exhaust all annual or vacation leave, personal leave and sick leave available to the employee, prior to requiting or taking leave under this section. 4.All information related to t and shall not be disclosed, except to the extent allowed under M.G.L. ch.149, section § 52E(f). I.Parental Leave 1. Pursuant to G. L. c.149, § 105D , parental leave is provided to eligible employees. For those employees who are eligible for FMLA leave, any leave taken pursuant to the PLA shall run at the same time. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 26 2. Employees are eligible for PLA leave for the purpose of giving birth or adopting and subsequently caring for that newborn or adopted child. Permanent, full-time employees or regular part-time employees, who have successfully completed at least 1,250 hours of work in the twelve (12) months prior to the start of leave are eligible for FMLA leave which provides for a 12 week leave period. For the purposes of computing work hours vacation, bereavement, and jury leave, and up to fourteen (14) days of sick leave are included. On-the-job injury and/or personal leave time do not count towards the required 1,250 hour threshold. 3. The 12-week leave must occur within 52 weeks following the date of birth or adoption placement. The PLA and FMLA do not require paid leave. Available and applicable accrued paid leave can be used during this period. If paid leave is not applicable, the leave shall be unpaid. 4. An employee, who due to their length of employment, is not elgibleeligible for FMLA leave, but who has been employed as a full-time employee by the Town for three (3) months is eligible for PLA leave under Massachusetts law. PLA leave provides an eight (8) week leave period. For eligible employees, PLA will be extended to meet the twelve week allowance of the FMLA and will be concurrent with the FMLA period; all weeks of such leave shall not exceed twelve (12) in a 52 week period following birth or adoption. Further, any two employees of the Town shall only be eligible for PLA care in the aggregate for the birth or adoption of the samethe same child. 5. Under the provisions of the PLA an employee is only required to provide a two (2) week notice for PLA leave. However, the Town requests four (4) notice in order to allow the Town to create a plan to fulfill the 6. Length of Leave and Pay: Accrued sick leave benefits will be available to the child-bearer under the same terms and conditions which apply to other medical leave obligations, contractual agreements, and applicable law. An employee may use accrued vacation and personal time during a period of PLA leave. At the conclusion of and contiguous to PLA leave, an employee may request an unpaid leave of absence for up to three (3) additional months for specific child health care need or pregnancy related disability that is documented . This extended leave option shall be consistent with personal leave provisions of applicable collective bargaining agreements, Town personnel policies and provisions of M.G.L. c. 31, §37. This additional leave requires Appointing Authority approval. The employee will provide the request for additional leave to their Department Head at least two (2) weeks prior to end of the basic leave period. The Department ng the twelve (12) weeks to the Town Manager Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 27 (memorandum) for decision. Factors influencing the recommendation will be indicated by the Department Head, considerations such as operational and staffing impacts or concerns. VII. EMPLOYEE CONDUCT AND DISCIPLINARY ACTION A. Employee Conduct and Work Rules To1. To ensure orderly operations and provide the best possible work environment, employees are expected to follow rules of conduct that will protect the interests and safety of all employees and the organization. Employees are expected to be respectful of other employees at all times while on the premises or while representing the Town. Harsh language and rudeness are not acceptable. Professional and appropriate attitude and demeanor are expected at all times. It2. It is not possible to list all the forms of behavior that are considered unacceptable in the workplace. The following are examples of infractions of rules of conduct that may result in disciplinary action, including counseling, written warnings, suspension without pay, up to and including termination of employment*: a.Theft, vandalism or inappropriate removal or possession of property. b.Falsification of Town records. c.Working under the influence of alcohol or illegal drugs. d.Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the workplace. e.Fighting or threatening violence in the workplace. f.Boisterous or disruptive activity in the workplace. g.Negligence or improper conduct leading to damage of Town-owned property. h.Insubordination or other disrespectful conduct. i.Violation of safety or health rules. j.Smoking. k.Sexual or other unlawful harassment or discrimination. l.Possession of dangerous or unauthorized materials, such as knives, weapons, explosives or firearms in the workplace. m.Excessive absenteeism or any absence without notice. n.Unauthorized disclosure of confidential information. o.Inappropriate use of language and profanity. p.Violation of personnel policies. q.Unsatisfactory performance or conduct. r.Unexcused absenteeism or tardiness. s.Negligence in performance of duties. *This list is for illustration purposes only and is not intended to be an exhaustive list of possible infractions. B. Customer Service Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 28 1.All employees of the Town of North Andover are expected to provide excellent customer service to meet the needs of its residents and citizens in a consistent and professional manner. Complaints Each department must have a complaint log. Whether a complaint is formal or informal, written or verbal, it must be entered into the complaint log. The substance of the log is up to individual departments but must include, at minimum, the name of the complainant (if available), the time and date of the complaint, the nature of the complaint, the employee assigned to handle the situation and the disposition of the situation. C. Workplace Attire 1.Neat, appropriate and professional attire contributes to the morale of all employees and affects the business image the Town presents to its customers and visitors. It is required that all employees report to work in attire appropriate to their work settings. Employees should always ensure that their personal grooming is consistent with a workplace environment. 2.Managers will inform employees of improper attire and will determine the appropriate course of action if an employee appears at work in inappropriate attire. Examples of inappropriate articles of clothing that should not be worn in workplace settings include, but are not limited to: Jeans, except for employees whose work requires them to be exposed to the outdoors or a. non-office environment, i.e., inspectors or field agents,. Sweatpants, b. Jogging suits, c. Short shorts or skirts, d. T-shirts or sweatshirts with offensive messages or images, e. Tank Tops, f. Halter tops, g. Visible undergarments, h. Wrinkled, stained, or otherwise disheveled clothing, and i. Flip Flops or thonged footwear that does not cover the heel. j. Workplace attire must confirm to notions of good taste, common sense, and safety. D. Drug and Alcohol Use/Drug Testing In1. In accordance with the provisions of the Drug Free Workplace Act of 1988 (United States Code, Title 41, c.Chapter 10); it is the Town's desire to provide a drug-free, healthful and safe workplace. To promote this goal, employees are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner. Individuals under the influence of drugs or alcohol in the workplace pose serious safety and health risks, not only to themselves, but also to all those who surround or come into contact with them. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 29 While2. While conducting business-related activities, on or off Town premises, no employee may use, possess, manufacture, distribute, dispense, sell, or be under the influence of alcohol, illegal drugs, or controlled substances. The legal use of prescribed drugs is permitted on the job only if it is pursuant to the instructions of a licensed medical care practitioner, it does not impair does not endanger other individuals in the workplace. This policy extends to instances and places where employees are in a position to be regarded or identified as representing the Town, such as traveling on business or participating in community, organizational or professional meetings and affairs. Employees using prescription medication that may impair their ability to safely perform their jobs should contact their supervisor to discuss the issue of reasonable accommodation. In3. In accordance with the Drug Free Workplace Act, an employee must, as a condition of continued employment, notify their supervisor or department head of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. 4. It is a requirement of the federal act that, upon receipt of notice of conviction of a drug statute violation committed in the workplace, the Town must notify any federal agency providing funding through a grant. The Town must give such notice within ten (10) days, and within thirty (30) days of receiving such notification either take appropriate personnel action against the employee, up to and including termination of employment or mandated participation in an approved drug abuse assistance or rehabilitation program. Personnel action against the employee convicted of a criminal drug statute violation committed in the workplace will depend on the nature of the violation, the sentence imposed (e.g. confinement, etc.) and employee work history. in the workplace within five (5) days, as required, will be subject to sanctions. 5. The Town offers a confidential Employee Assistance Program (EAP), designed to help employees overcome serious problems they may be having with drug and/or alcohol abuse, and/or other personal problems that may negatively affect their job performance. 6. All employees, whether exempt or non-exempt, will be subject to alcohol and drug screening as a result of: a.(1) Involvement in a serious workplace accident or serious safety-related incident as determined by the Town: b.(a) A serious workplace accident is any accident resulting in lost-time injury to the employee and/or involvement in an accident resulting in the lost-time injury of another individual and/or property damage. c.(b) A serious workplace incident is any incident presenting a substantial risk of lost- Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 30 time injury or property damage. d.(2) Being identified as unfit for work as determined by the Town. Unfit for work involves the identification of employees by designated Town personnel as not safely or competently performing their jobs and presenting unnecessary risk to themselves or others. 7. Any employee unable to pass alcohol and drug screening will be removed from work, referred to the Employee Assistance Program, and may be subject to disciplinary action, up to and including termination. The employee, upon returning to work, may be required to undergo unannounced drug testing over a twelve (12) month period. Subsequent violations may result in discipline, up to and including termination. Refusal to have alcohol or drug screening or referral to the EAP, as required by this policy, will subject the employee to immediate discipline up to and including termination of employment. Any8. Any violations of this sectionpolicy may result in disciplinary action, up to and including immediate termination of employment. Such violations may also result in civil or criminal liability. E. Appropriate Office Conduct Eating1. Eating at desk, in the public view, is not permitted. Moreover, reading of non-work related newspapers, magazines, books, pamphlets, or other literature in plain view of the public is also prohibited. F. Accuracy of Employment Application The1. The Town relies upon the accuracy of information contained in the employment application, as well as the accuracy of a resume or other data presented throughout the hiring process and employment. Any misrepresentations, falsifications, or material omissions in any of this information or data may result in the exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment. G. Attendance and Punctuality Employees1. Employees are expected to be reliable and punctual in reporting for scheduled work. Absenteeism and tardiness place a burden on other employees and on the Town. Employees are expected to be ready to work at their stated start time each workday. Employees should also return to work promptly after breaks and meal periods. In2. In the rare instances when employees cannot avoid being late to work or are unable to work as scheduled, they should notify the Town as soon as possible in advance of the anticipated tardiness or absence. If practicable, notification by the employee personally to his/her supervisor at least one (1) hour prior to the start of the regular workday is expected by employees who are unable to report to work or who will be late. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 31 3.An employee who is absent for three (3) or more consecutive days and who claims that it is a result of a medical condition, is required to provide documentation from a medical care provider upon return to work, verifying the need for medical leave. 4.An employee absent for three (3) or more consecutive working days who does not properly notify his/her supervisor or the Town is considered to have voluntarily terminated his or her employment. Poor5. Poor attendance and excessive tardiness are disruptive and will not be tolerated., absent any special accommodations pursuant to state or federal law. Either may lead to disciplinary action, up to and including termination of employment. H. Information Technology Resources General Use Policy information technology resources 1. The availability and use of ; ("Town ITRs"), within the work environment have provided many opportunities for the enhancement of productivity and effectiveness. This policy is to further enhance the work environment by providing a computer system less prone to viruses and system breakdowns. This document formalizes the policy for all Town of North Andover (Town) employees on the use of Town ITRs, including telephones, computers, printers and other peripherals, programs, data, local area network, e-mail, the Internet and social media. Use of Town ITRs by any employee shall constitute acceptance of the terms of this policy and any such additional policies. It is the responsibility of any person using Town ITRs to read, understand, and follow this policy. The Town specifically reserves the right to modify, change or discontinue any portion of these guidelines from time to time. 2. Information technology resources are provided to Town employees and are intended to facilitate the performance of regular assigned duties and therefore restricted to that purpose. Town employees are strongly urged to save all documents and files to their designated network directory (Google Drive) to ensure data is backed up daily and able to be restored in the event of software or hardware failure. 3. Personal Time - Employees who use the Internet/intranet on personal time can enhance their knowledge of electronic information resources and sharpen information technology skills. By allowing use on personal time, the Town builds a pool of computer literate employees who can guide and encourage other employees. Personal time includes breaks, lunchtimes, and the time before and after scheduled work hours. Employees performing job-related use will always have priority over those desiring access to resources for personal use. 4. Installation of or access to software for purely entertainment purposes is prohibited. Privately owned software may be loaded on Town computers, with the prior approval of the IT Director and division director, if it is necessary for business purposes and is properly licensed. The person installing the software must be authorized to do so by the IT Director. The Town reserves the right to remove any such software if it conflicts with Town hardware, software or interferes with the ability of other employees to access or utilize the computer, Town network or occupies excessive storage space needed by the Town. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 32 5. Town employees shall observe the copyright and licensing restrictions of all software applications and shall not copy or install software or other files from internal or external sources unless legally authorized by local, state or federal laws. 6. Any software for which proof of licensing cannot be provided is subject to removal by IT. No material shall be downloaded or installed on a personal computer or network directory, including sound, video files and files attached to e-mail messages without first being scanned for viruses by the approved virus protection software properly installed by IT staff. 7. All hardware enhancements or additions to Town owned computer equipment must be approved and installed by IT, or authorized agents of the Town. No employee is authorized to make any adjustments to Town owned computer equipment. 8. Town computer equipment shall not be utilized to operate a private business, participate in political activities, or solicit money for personal gain. 9. Employees shall not allow unauthorized persons to use any Town owned computer equipment. Computer Password Policy Employees shall follow the guidelines. 10. Streaming media services are allowed, but are subject to department manager approval. Since streaming data can consume network bandwidth availability, the Town Information Technology Department reserves the right to limit this service at any time. 11.Distribution of Policy The respective Department Head is responsible for ensuring that any employee who will be given access to computers and Internet services has read this policy, has understood this policy's applicability to their activities, and has signed an agreement to abide by this policy. The IT Department will not give access to an employee unless it receives a copy of the agreement signed by the employee and the department head. A signed copy will be placed in the employee's personnel file. 12. All data existing within the Town information technology infrastructure is considered property of the Town and no assumption of privacy may be made. Employees who violate this policy may be subject to disciplinary action, up to and including discharge. I. Computer Password Policy 1. A policy on passwords is important in order to allow the Town of North Andover to maintain a secure computing environment. The most vulnerable part of any computer system is the account password. No matter how secure it is from network or dialup attack, any computer system can be fully exploited by an intruder if he or she can gain access via a poorly chosen or maintained password. 2. For all access that requires a password, all users must follow the guidelines below: At a minimum, passwords are to be six (8) alphanumeric characters in length. Use at least one Capital letter, one lowercase letter and a number in your password. a.All users must be made aware of the private nature of their password. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 33 b.It is the responsibility of the user or department head to inform the System Administration Staff if disclosure is suspected. c.Prompt notification must be given to the System Administration Staff when an account must be removed from the system. d.Accounts and passwords must not be shared. e.Passwords must not be posted on monitors, blackboards, bulletin boards, or in any other location where they may be disclosed. f.If a password has been seen, guessed or compromised, it must be changed immediately. g.No reusable passwords shall be used to authenticate all incoming connections across networks not controlled by the Town of North Andover (regular passwords are often stolen and reused when they pass across networks i.e. the internet). h.To avoid breaches of security, employees should log off or lock any personal computer or terminal connected to the Town network whenever they leave their workstation unattended and unsecured. i.DO use a password which includes non-alphabetic characters (digits or punctuation). j.DO use a password that is easy to remember, so you don't have to write it down. k.DO use a password that you can type quickly, without having to look at the keyboard. l.DON'T use your login name in any form (as-is, reversed, capitalized, doubled, etc.) m.DON'T use your first, middle, or last name in any form. n.DON'T use your spouse's or child's name. o.DON'T repeat a single character more than 2 times. p.DON'T use other information easily obtained about you. This includes license plate numbers, telephone numbers, social security numbers, the make of your automobile, the name of the street your live, etc. q.DON'T use a password of all digits, or all same letters. r.DON'T use a word contained in English or foreign language dictionaries, spelling lists, or other lists of words. 3. Methods of selecting a password which adhere to these guidelines include: a.Choose a line or two from a song or poem, and use the first letter of each word. b.Alternate between one consonant and one or two vowels, up to seven or eight characters. This provides nonsense words which are usually pronounceable and thus easily remembered. Choose two short words and join them together with punctuation character between them J. Internet/Email Policy 1. This policy sets the standards for appropriate behavior of a Town employee (excluding School Department) when accessing the Internet or Email. These guidelines apply to all Town employees (excluding School Department). The Town specifically reserves the right to modify, change or discontinue any portion of these guidelines from time to time. 2. As a condition of providing Internet and Email access to its employees, the Town places certain restrictions on workplace use of Internet and Email. The Town encourages employee use of the Internet and Email Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 34 To communicate with fellow employees and other contacts regarding matters within an a. employee's assigned duties; To acquire information related to, or designed to facilitate the performance of regular b. assigned duties; and To facilitate performance of any task or project in a manner approved by an employee's c. supervisor. 3. The employee's use of Internet and Email, provided by the Town, expressly prohibits the following: Dissemination or printing of copyrighted materials (including articles and software) in a. violation of copyright laws. Sending, receiving, printing or otherwise disseminating confidential information of the b. Town (not within the scope of your assigned duties or in a manner approved by an employee's supervisor) and/or offensive or harassing statements or language including disparagement of others based on their race, national origin, gender sexual orientation, age, disability, religious or political beliefs. Sending Email under another employee's name without authorization and/or changing c. any portion of a previously sent Email message. Sending, receiving, printing or otherwise disseminating or soliciting jokes, images, or d. sexually oriented messages. Operating a private business, participation in political activities, soliciting money for e. personal gain, or charitable activity not sponsored by the Town. Sending chain letters, gambling or engaging in any other activity in violation of local, f. state or federal laws. Use of abusive or objectionable language in either public or private messages. g. Occasional, incidental personal use of Email is permitted, but may be subject to h. monitoring. 4. Email and/or Internet messages and communication are not confidential or private, and within Massachusetts' law, are considered public documents. As a result, employees should use discretion in all Email communications. Employees should have no expectation of privacy in the use of their Email. The Town reserves the right to access for quality control purposes and/or violations of this policy, electronic and voice transmissions of employees and others conducting business for the Town. 5. All data existing within the Town IT infrastructure is considered property of the Town and no assumption of privacy may be made. Employees who violate this policy may be subject to disciplinary action, up to and including discharge. H. Computer Use (1) Purpose/ScopeThe availability and use of personal computers within the work environment have provided many opportunities for the enhancement of productivity and effectiveness. This policy is to further enhance the work environment by providing a computer system less prone to viruses and system breakdowns. These guidelines apply to all Town r employees (excluding School Department) and technology equipment. The Town specifically reserves the right to modify, change or discontinue any portion of these guidelines from time to time. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 35 Technology equipment is defined as: Computers (including servers, workstations, laptops and handheld devices) Computers related hardware (including printers, scanners, and special devices) Software (including networks and the Internet) Telephones (2) Guidelines (a) Personal computers are provided to Town employees and are intended to facilitate the performance of regular assigned duties and therefore restricted to that purpose. (b) Town employees are strongly urged to save all documents and files to their to be restored in the event of software or hardware failure. (c) Installation of or access to software for purely entertainment purposes is prohibited. (d) Privately owned software may be loaded on Town computers, with the prior approval of the IT Director and division director, if it is necessary for business purposes and is properly licensed. The person installing the software must be authorized to do so by the IT Director. The Town reserves the right to remove any such software if it conflicts with Town hardware, software or interferes with the ability of other employees to access or utilize the computer, Town network or occupies excessive storage space needed by the Town. (e) Town employees shall observe the copyright and licensing restrictions of all software applications and shall not copy or install software or other files from internal or external sources unless legally authorized by local, state or federal laws. (f) Any software for which proof of licensing cannot be provided is subject to removal by IT. (g) No material shall be downloaded or installed on a personal computer or network directory, including sound, video files and files attached to e-mail messages without first being scanned for viruses by the approved virus protection software properly installed by IT staff. (h) All hardware enhancements or additions to Town owned computer equipment must be approved and installed by IT, or authorized agents of the Town. No employee is authorized to make any adjustments to Town owned computer equipment. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 36 (i) Town computer equipment shall not be utilized to operate a private business, participate in political activities, or solicit money for personal gain. (j) Employees shall not allow unauthorized persons to use any Town owned computer equipment. (k) Employees shall follow the Computer Password Policy guidelines found in Addendum 3 (3) Personal TimeEmployees who use the Internet/intranet on personal time can enhance their knowledge of electronic information resources and sharpen information technology skills. By allowing use on personal time, the Town builds a pool of computer literate employees who can guide and encourage other employees. Personal time includes breaks, lunchtimes, and the time before and after scheduled work hours. Employees performing job-related use will always have priority over those desiring access to resources for personal use. (4) Distribution of Policy The respective Department Head is responsible for ensuring that any employee who will be given access to computers and Internet services has read this to abide by this policy. The IT Department will not give access to an employee unless it receives a copy of the agreement signed by the employee and the department head. A signed copy will be All data existing within the Town information technology infrastructure is considered property of the Town and no assumption of privacy may be made. Employees who violate this policy may be subject to disciplinary action, up to and including discharge. I. Internet/Email Acceptable Use (1) Purpose/ScopeThis policy sets the standards for appropriate behavior of a Town employee (excluding School Department) when accessing the Internet or Email. These guidelines apply to all Town employees (excluding School Department). The Town specifically reserves the right to modify, change or discontinue any portion of these guidelines from time to time. (2) Guidelines As a condition of providing Internet and Email access to its employees, the Town places certain restrictions on workplace use of the Internet and Email. The Town encourages employee use of the Internet and Email: To communicate with fellow employees and other contacts regarding matters within an To acquire information related to, or designed to facilitate the performance of regular assigned duties; and supervisor. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 37 prohibits the following: Dissemination or printing of copyrighted materials (including articles and software) in violation of copyright laws. Sending, receiving, printing or otherwise disseminating confidential information of the Town (not within the scope of your assigned duties or in a manner approved by an disparagement of others based on their race, national origin, sex, sexual orientation, age, disability, religious or political beliefs. S any portion of a previously sent Email message. Sending, receiving, printing or otherwise disseminating or soliciting jokes, images, or sexually oriented messages. Operating a private business, participation in political activities, soliciting money for personal gain, or charitable activity not sponsored by the Town . Sending chain letters, gambling or engaging in any other activity in violation of local, state or federal laws. Use of abusive or objectionable language in either public or private messages. Occasional, incidental personal use of Email is permitted, but may be subject to monitoring. Email and/or Internet messages and communication are not confidential or private, and discretion in all Email communications. Employees should have no expectation of privacy in the use of their Email. The Town reserves the right to access for quality control purposes and/or violations of this policy, electronic and voice transmissions of employees and others conducting business for the Town. All data existing within the Town IT infrastructure is considered property of the Town and no assumption of privacy may be made. Employees who violate this policy may be subject to disciplinary action, up to and including discharge. J. Anti-Harassment The Town is committed to creating and maintaining a work environment in which employees are treated fairly and with dignity, decency, respect, and in accordance with all applicable law. Through enforcement of this policy and by education of employees, the Town strives to prevent inappropriate conduct that could be considered harassment, including sexual harassment. In addition, the Town is committed to correcting any inappropriate conduct and to disciplining those who violate this policy. All employees of the Town, regardless of position, are covered by, and are expected to comply with, this policy and to take appropriate measures to ensure that prohibited conduct does not occur. Town policy against harassment also covers other individuals who have a relationship with the Town that enables the Town to exercise some control over the in Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 38 places and activities that relate to Town work, which may include directors, officers, independent contractors, vendors, clients, and customers. of harassment, including sexual harassment, the policy is not designed or intended to limit the unacceptable, regardless of whether that conduct satisfies the definition of sexual or unlawful harassment. The Town is committed to providing a work environment that is free of any form of unlawful discrimination, including unlawful harassment and sexual harassment. Behavior, whether physical, visual, verbal, or nonverbal in nature, that may constitute discrimination or harassment of any kind based on race, color, religious creed, sex, national origin, ancestry, genetic information, disability or on any other basis protected by federal, state, or local law or ordinance is not permitted. Harassment is a form of employee misconduct that is demeaning to another person and undermines the integrity of the employment relationship. This policy applies to all work-related settings and activities, both inside and outside the workplace, and includes business trips and business-related social events. This policy also extends to Town property, including but not limited to its telephones, copy machines, facsimile machines, and computers and computer applications, such as email and Internet access, which may not be used to engage in conduct that violates this policy. Even where the unwelcome conduct is not sufficiently severe or pervasive to constitute actionable harassment under the law, the Town forbids unwelcome conduct in the workplace and in any setting related to Town business activities. K. Unlawful Harassment It is against Town policy to engage in physical, visual, verbal and nonverbal conduct that race, color, religious creed, sex, national origin, ancestry, sexual orientatio status, military service, age, marital status, genetic information, disability or on any other basis protected by federal, state, or local law or ordinance. Examples of unwelcome conduct prohibited by this policy include, but are not limited to: Conduct that unreasonably interferes with an individual's work performance, that creates an intimidating or offensive work environment, that otherwise adversely affects an individual's employment opportunities and that implicates an emplorace, color, status, military service, age, marital status, genetic information, disability or on any other basis protected by federal, state, or local law or ordinance. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 39 Hostile physical contact, intimidating acts, threats of such actions or violence, or any other actions that may be considered threatening or hostile in nature and that implicate an race, color, religious creed, sex, national origin, ancestry, sexual orientation, genetic information, disability or on any other basis protected by federal, state, or local law or ordinance. Derogatory remarks, epithets, slurs, negative stereotyping, offensive jokes, teasing, the display or circulation of offensive printed, visual or electronic materials or similar misrace, color, religious creed, sex, national origin, ancestry, sexual orientation, marital status, genetic information, disability or on any other basis protected by federal, state, or local law or ordinance. L. Sexual Harassment It is the goal of the Town to promote a workplace that is free of sexual harassment. Sexual harassment of employees occurring in the workplace or in other settings in which employees may find themselves in connection with their employment is unlawful and will not be tolerated. Further, any retaliation against an individual who has complained about sexual harassment or retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is similarly unlawful and will not b goal of providing a workplace free of sexual harassment, the conduct that is described in this policy will not be tolerated and a procedure has been outlined by which inappropriate conduct will be dealt with, if encountered by employees. Because the Town takes allegations of sexual harassment seriously, the Town will respond promptly to complaints of sexual harassment and where it is determined that such inappropriate conduct has occurred, will act promptly to eliminate the conduct and impose such corrective action as necessary, including disciplinary action where appropriate. This policy applies to all individuals, both male and female, working for the Town. It applies to all employment relationships, including supervisor/subordinate and same level employees. All employees are prohibited from engaging in behavior that is sexually harassing in any way. Supervisory level employees are responsible for monitoring the workplace to keep it free of sexual harassment and for reporting to the Town Manager or a Complaint Officer any violations of this policy that they become aware of and any complaints of harassment reported to them. free of sexual harassment, the policy is not designed or intended to limit the authority to discipline or take remedial action for workplace conduct which is deemed unacceptable, regardless of whether that conduct satisfies the definition of sexual harassment. (1) Definition of Sexual Harassment The legal definition of sexual harassment is broad. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 40 conduct of a sexual nature when: Submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for an employment decision; or such advances, requests or conduct have the purpose or effect of unreasonably interfering with an indivi offensive work environment. Under these definitions, direct or implied requests by a supervisor for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increased benefits, or continued employment constitutes sexual harassment. 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 or humiliating to male or female workers may also constitute sexual harassment. The following are a few examples of conduct, which if unwelcome, may constitute a hostile environment: Unwelcome sexual advances whether they involve touching or not; Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding activity, deficiencies, or prowess; Displaying sexually suggestive objects, pictures, and cartoons; Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments; Continuing to invite an individual to engage in social or sexual activities after being informed that the individual is not interested. Sexual harassment is not limited to prohibited behavior by a male employee toward a female or by a supervisory employee toward a non-supervisory employee. For example: A male, as well as a female, may be the victim of sexual harassment; a female as well as a male, may be the harasser. agent of the employer, a supervisory employee who does not supervise the victim or a non-supervisory employee (co-worker). The victim may be the same sex as the harasser. The victim does not have to be the person at whom the unwelcome sexual conduct is directed. The victim may also be someone who is affected by such conduct when it is directed toward another person. For example: Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 41 The sexual harassment of one employee may create an intimidating, hostile, or o offensive working environment for another co-worker, or may interfere with the co- performance; and/or An employee who is forced to work in an environment where preferential o treatment is given to those who submit to sexual advances may be adversely affected by such conduct. In addition, the dissemination of sexually explicit voice mail, e-mail, graphics, downloaded material or websites in the workplace is strictly prohibited. All employees should 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. (2) Training The Town recognizes the importance of educating and training its employees on how to recognize and prevent sexual harassment in the workplace. Therefore, all supervisors will be provided with training annually Training of non- expense. Additional training may also be required, at the discretion of the Town Manager and/or the Board of Selectmen. (3) Complaints of Sexual Harassment If any employee believes that he/she has been subjected to sexual harassment, the employee has the right to file a complaint directly with a Town Complaint Officer. This may be done in writing or orally. The Town has designated: Cathy Darby Human Resources Director North Andover Town Hall 120 Main Street, North Andover, MA 01845 (978) 688-9526 andAnd Bruce Thibodeau Director Public Works 384 Osgood Street, North Andover, MA 01845 (978) 688-0950 as Complaint Officers. They are vested with the authority and responsibility of processing all harassment complaints in accordance with the procedure outline below. In addition to the two Complaint Officers, employees may report complaints to their respective supervisor who will refer the complaint to one of the Complaint Officers. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 42 (4) Sexual Harassment Investigation When either Complaint Officer receives a complaint, he/she will promptly investigate the allegation in a fair and expeditious manner. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. The investigation may include a private interview with the person filing the complaint, the alleged harasser, and with witnesses. In addition to witness interviews, the investigation may also include a review of any documents, journals, recordings, photographs, voice mails, e-mails, telephone records, or other items that may be relevant to the allegations of harassment. At the conclusion of the investigation, the Complaint Officer will report the results of the investigation, in writing, to the Town Manager. If appropriate, the complainant and/or alleged harasser will also be informed of the results of the investigation. Depending on these results, disciplinary action may be taken against the alleged harasser. In the discretion of the Town Manager, the complainant may be informed of the imposed discipline. The Complaint Officer may make follow-up inquiries to ensure that the conduct has not resumed and that neither the complainant nor any witnesses interviewed during the investigation has suffered any retaliation. (5) Employee Responsibilities Each Town employee is personally responsible for: applicant for employment, recipient of public services, or any other individual in the workplace. Cooperating in any investigation of alleged sexual harassment by providing any information the employee possesses concerning the matter being investigated. Supervisory level employees are responsible for monitoring the workplace to keep it free of sexual harassment and for reporting to the Town Manager any violations of this policy that they become aware of and any complaints of harassment reported to them. (6) Disciplinary Action If it is determined that there has been a violation of this policy, including but not limited to inappropriate conduct or any failure of an employee to meet its obligations under the policy, the Town will take such action as is appropriate under the circumstances. Such action may range from counseling to termination from employment, and may include such other forms of disciplinary action, as the Town deems appropriate under the circumstances. (7) State and Federal Remedies In addition to the above, if any employee believes they have been subjected to sexual harassment, they may file a formal complaint with either or both prohibit an employee from filing a complaint with these agencies. Each of the agencies has a three hundred (300) day time period for filing a claim. The United States Equal Employment Opportunity Commission E.E.O.C.) Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 43 JFK Federal Building, Room 475 Boston, MA 02203 (617) 565-3200 The Massachusetts Commission Against Discrimination (M.C.A.D.) One Ashburton Place, Room 601 Boston, MA 02108 (617) 994-6000 M. Town Equipment and Property Equipment, supplies and materials essential in accomplishing job duties are expensive and may be difficult to replace. When using Town property and tools, employees are expected to exercise reasonable care and follow all operating instructions, safety standards, and guidelines. Such property must be used in accordance with its intended purpose or function. Employees unfamiliar with the proper use of Town equipment must gain a working knowledge before utilizing it. The improper, careless, negligent, destructive, or unsafe use or operation of equipment can result in disciplinary action, up to and including termination of employment. Employees are not allowed to utilize Town property or equipment for any personal projects or for any personal use whatsoever while on the Town premises (see exception for computer equipment in Section VII-H). Similarly, Town-owned equipment, materials and supplies must not be removed from the premises for personal use under any circumstances. The Town is not responsible for any injuries or accidents that may occur asoccur as a result of using Town-owned equipment, materials and supplies off Town premises. Employees must return all of Town property immediately upon request or upon termination of employment. The Town may take all action consistent with state law to recover or protect its property, including initiating a civil proceeding. N. Workplace Monitoring and Inspections Workplace monitoring and security inspections may be conducted to ensure quality control, employee safety, security, and customer satisfaction. Such monitoring and inspections will also serve to discourage theft or unauthorized possession of employee and/or Town property. Computers, desks, toolboxes and other storage devices furnished to employees are the property of the Town.Accordingly, any agent or representative of the Town can inspect, monitor and access them, as well as any articles found within them, at any time, either with or without prior notice. This policy of monitoring and inspections applies equally to briefcases, utilizes on Town property. Employees should have no expectation of privacy in this regard. Additionally, as appropriate and consistent with the law, the Town or its representatives may inspect persons entering and/or leaving the premises and any packages or other belongings. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 44 Any inspection or search will be reasonable in scope and for a legitimate purpose, respecting the legitimate privacy rights of employees. Any employee who wishes to avoid inspection or search of any articles or materials should not bring such items onto the premises. O. Workplace Violence Prevention The Town is committed to preventing workplace violence and to maintaining a safe work environment and has adopted the following guidelines to deal with intimidation, harassment, or other threats of or actual violence that may occur during business hours or on its premises. All employees, including management and temporary employees, must be treated with courtesy and respect at all times. Employees are expected to refrain from fighting, "horseplay," or other conduct that may be dangerous to others. Firearms, weapons and other dangerous or hazardous devices or substances are prohibited from Town premises without proper authorization. Conduct that threatens, intimidates, or coerces another employee, or a member of the public at any time, including off-duty periods, will not be tolerated. This prohibition includes all acts of harassment, including harassment that is based on an individual's race, color, religious creed, sex, national origin, ancestry, sexual orientation, service, age, marital status, genetic information, disability or on any other basis protected by federal, state, or local law or ordinance. All threats of or actual violence, both direct and indirect, should be reported immediately to the supervisor and/or the Human Resources Director. This includes threats by employees, customers, vendors, solicitors, or other members of the public. Any employee who applies for or obtains a protective or restraining order which lists the employment location as being a protected area must provide the Human Resources Director with a copy of the petition, the declarations used to seek the order, a copy of any temporary protective or restraining order which is granted, and a copy of any protective or restraining order which is made permanent. All suspicious individuals or activities on Town premises should also be reported as soon as possible to a supervisor and/or the . Employees should never place themselves in a position of peril. If an employee sees or hears a commotion or disturbance at work, he/she should not try to intercede or see what is happening. The Town will promptly and thoroughly investigate all reports of threats of or actual violence and of suspicious individuals or activities. The identity of the individual making a report will be protected as much as possible. In order to maintain workplace safety and the integrity of its investigation, the Town may suspend employees, either with or without pay, pending investigation or take any other steps, which, at its sole discretion, it deems appropriate. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 45 Anyone determined to be responsible for threats of or actual violence or other conduct that is in violation of these guidelines will be subject to prompt disciplinary action up to and including termination of employment and possible civil or criminal action. The Town encourages employees to bring their disputes or differences with other employees to the attention of their supervisor or management before the situation escalates into potential violence. The Town is eager to assist in the resolution of employee disputes. P. Safety To assist in providing a safe and healthful work environment for employees, customers, and visitors, the Town of North Andover has established a workplace health and safety program. This program is a top priority for the Town. Town management has responsibility for implementing, administering, monitoring, and evaluating the safety program. Its success depends on the alertness and personal commitment of all. The Town provides information to employees about workplace safety and health issues through regular internal communication channels. Some of the best safety improvement ideas come from employees. Those with ideas, concerns, or suggestions for improved safety in the workplace are encouraged to raise them with a supervisor or the Human Resources Director. Reports and concerns about workplace safety issues may be made anonymously if the employee wishes. All reports can be made without fear of reprisal. Each employee is expected to obey safety rules and to exercise caution in all work activities. Employees must immediately report any unsafe conditions to their supervisor or the Human Resources Director. Employees who violate safety standards, who cause hazardous or dangerous situations, or who fail to report or, where appropriate, remedy such situations, may be subject to disciplinary action, up to and including termination of employment. In the case of accidents that result in injury, regardless of how insignificant the injury may appear, employees should immediately notify their supervisor and/or the Human Resources Director, to comply with laws and to initiate insurance and workers' compensation benefits procedures. Q. Telephone Usage The telephone is provided for official Town business. It is important that employees are always polite, courteous and professional in dealing with customers or companies on the phone. Employees should strive to limit their personal calls to break or meal/lunch periods. Personal calls shall not interfere with the ability to perform the essential functions of their job. Employees must receive prior authorization from the Human Resources Director prior to placing personal calls outside of the local area. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 46 R. Office Closure for Inclement Weather The Town Manager may close all or portions of Town operations due to severe weather conditions or natural or man-made disasters. The Town Manager may authorize regular pay during any emergency periods. In the event that the Town Manager closes all or a portion of Town operations after the commencement of the normal work day, only those employees who reported to work shall be eligible for regular pay. Employees who did not report to work shall be charged appropriate paid or unpaid leave. S. Disciplinary and Corrective Action The Town of North Andover is committed to administering equitable and consistent discipline for unsatisfactory conduct in the workplace. The best disciplinary or corrective measure is the one that does not have to be enforced and comes from good leadership and fair treatment of all employees and in making certain that disciplinary actions are prompt, uniform and impartial. The major purpose of any disciplinary action is to correct the problem, prevent recurrence and prepare the employee for satisfactory service in the future. Although employment is based on mutual consent and both the employee and the Town has the right to terminate employment at will, with or without reason or notice, the Town may use discipline, including progressive discipline, at its discretion. This section does not alter the -re of employment. When disciplinary action becomes necessary, the Town may utilize a progressive approach which may include counseling, written warning/reprimand, suspension with or without pay, or termination of employment, depending on the severity of the problem and the number of occurrences. All forms of disciplinary action must be documented in the personnel file. Any disciplinary action involving suspension or termination must be approved by the Town Manager. Circumstances may warrant the delay of moving to a higher step (?), or immediate termination. (See Section III (F) for termination procedures). While it is impossible to list every type of behavior that may be deemed a prohibited offense, the Employee Conduct and Work Rules provisions (Section VII-A) includes examples of problems that may result in disciplinary action including termination of employment. Other offenses or unsatisfactory conduct may lead to disciplinary action, including termination, as well. TS. Complaint Resolution An employee may submit a written complaint outlining 1. an interpretation or application of the specific terms of this Policy to his/her immediate supervisor. Provided the complaint will be processed in the following manner: (1) Complaint Resolution Steps Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 47 Step 1 Department Head: No later than five (5) work days after the event giving rise to the complaint, or five (5) work days after the employee should reasonably have learned of the event giving rise to the complaint, whichever is later, the employee must submit a written complaint to his/her immediate supervisor. The written complaint must contain the specific term(s) identifying the specific policy allegedly violated by the Town. The failure to do so will be sufficient grounds to refuse to process the complaint. Within five (5) workdays after receiving the complaint, the immediate supervisor and the employee shall meet to discuss the complaint. The immediate supervisor shall give his/her written answer within five (5) workdays of said meeting. If the Division Director is the immediate supervisor, then Step 2 is the first step of this complaint process. Step 2 Division Director: If the complaint is not resolvedsettled in Step 1, the the complaint or when said response is due, (whichever is earlier) may file a written appeal to his/her Division Director. Within five (5) workdays after receipt of this appeal, the Division Director and the employee shall meet to discuss the complaint. The Division Director shall give his/her written answer within five (5) days of said meeting. Step 3 - Town Manager: If the complaint is not resolved at step 2, the complaint may be presented to the Town Manager within five (5) work days after the response from the Division Director, or when said response is due, whichever is earlier. The Town Manager or his/her designee shall meet with the employee within ten (10) workdays of the presentation of the complaint at step 3. The Town Manager or his/her designee, shall give his/her written answer to the complaint within ten (10) work days after such meeting, and said answer shall be final and binding on the employee and the Town. (2) Written Presentation All complaints presented at any step of the complaint resolution procedure shall include the facts giving rise to the complaint; the provision(s) of this Policy, if any, alleged to have been violated; and the remedy sought. All complaints shall be signed and dated by the aggrieved employee. All written answers submitted by the Town shall be signed and dated by the appropriate Town official. (3) Time Limitations No complaint shall be accepted by the Town unless it is submitted or appealed within the time limits set forth in this Policy. If the complaint is not timely submitted at Step 1 or Step 2, it shall be deemed waived. If the complaint is not timely appealed to Step 3, it shall be deemed to have been resolvedsettled in accordance with the Town's Step 2 answer. If the Town fails to answer within the time frames set forth herein, the complainant should proceed to the next step as if the complaint was denied. U. Travel Policy and Procedures It is the policy of the Town to reimburse employees for work related travel, including the cost of transportation, meals, registration and lodging, provided such travel is approved in advance by the Town Manager or his/her designee. This policy document provides staff with an organized source of information regarding Town policies and related guidelines relative to acceptable travel Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 48 and the guidelines required to initiate a travel request, document travel expenses, and initiate process for reimbursement of travel related expenses. All travel requests must be approved in accordance with this policy and performed in the conduct of official Town business. Failure to adhere to the provisions contained in this policy may result in a rejection of the requested reimbursement. The Town Accountant is the party responsible for reviewing travel reimbursement requests. All reimbursement requests must be accompanied by the appropriate approval and expense documentation Travel to seminars or while conducting Town business are exempt from this policy unless lodging is required. Travel within 50 miles of the Town does not require a Request for Travel form, however, employees must request and receive the approval of the Town Manager or his/her designee if expenses incurred (other than mileage, parking and/or tolls) are going to be paid by the Town or submitted for reimbursement. A Time-Off Request must be completed and approved by the Town Manager for Division Heads. Actual mileage will be reimbursed at $.50 per mile. For purposes of mileage reimbursement, round trip mileage will be calculated using North Andover Town Hall under this section does not apply t (1) Travel Approval The Town Manager or his/her designee approves travel requests for travel over 50 miles one way for ALL employees. Division Heads must also approve all requests for travel for employees in their respective departments. Travel requests must be submitted in writing at least twenty (20) working days in advance of the anticipated travel or deadline date for registration for conference. Requests submitted for approval less than 20 days in advance must be accompanied Division Head by a written statement by the justifying the timing of the submittal. Employees Resources Department. Reimbursement of Expenses (2) Employees will be fully reimbursed for all reasonable, documented costs as generally described below. All requests for reimbursement shall be submitted on the prescribed form (Expense Report Form) and must be supported by original legible receipts, unless otherwise noted herein. If a legible receipt is not submitted where required, reimbursement shall not be made. The following types of expenses are covered by this policy. Transportation a. Air Travel Employees should purchase round- All airline reservations should be made sufficiently in advance to take advantage of airline discount fares (usually 21 days in advance), if available and practical. Rental Vehicles Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 49 Employees are expected to obtain the lowest possible rental rate for cars where practical. The Town will reimburse rental costs for travel the day before and the day after the conference (or training session) dates, especially if the extra days were necessary in order to take advantage of discount airline fares. Cars rented for personal use beyond these dates will not be reimbursed. Car rental insurance is to be purchased and will be reimbursed by the Town. Pooled transportation is encouraged to reduce costs. Discounts to government employees (or conference attendees) may be available and should be requested. Mileage Reimbursement When personal vehicles are used, employees will be reimbursed at the lesser of an advance purchase round-trip coach class airfare, or an amount based upon the number of miles at the current mileage rate. Travel urgency, health concerns, or the economy of using a personal vehicle at the destination site (in lieu of a rental vehicle) may alter which reimbursement method is used. The payment of mileage will be based on the most direct route from the point of destination. Employees receiving a monthly car allowance will not be reimbursed for travel within a 50-mile radius of the Town. Travel outside of this radius will be reimbursed for the total miles traveled. b.Lodging Overnight lodging is allowable up to standard hotel room rates. Discounts to government employees (or conference attendees) may be available and should be requested. c.Parking and Tolls Reimbursements will be allowed for parking and tolls provided that the costs are documented and reasonable. d.Communications Official Long Distance Calls: The Town will reimburse employees for all long distance phone calls of official business. Personal Long Distance Calls: The Town will reimburse employees for one personal long distance telephone call, not to exceed ten minutes in length, per day. e. Meals & Entertainment Regular Meals: The Town will pay for actual and reasonable expenses related to meals consumed during official travel up to a total of $35.00 per day. Exceptions may only be made when meals are an integral part of a conference program, in which case reimbursement will be made at conference rate. A reasonable tip may be Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 50 included. A flat per diem rate of $35.00 will not be paid; meals will not be reimbursed unless accompanied by receipts. Special Events: In those cases where the Town hosts special events, documentation should be included which explains the nature of the event and identifies their participants. Special Conference Activities: Many conferences provide activities such as tours, receptions, meals, etc., which are offered at additional cost to the participant. These activities may be paid for by the Town, if approved in advance and if the activity is of reasonable cost and if the Town Manager, or his/her designee, deems that the information gained would be of benefit to the Town. Miscellaneous: The Town will not pay for movies, alcoholic beverages and entertainment. Snacks will not be approved for reimbursement. (3)Restriction and Other Limitations Out of state travel to states other than those which are contiguous to the Massachusetts is strictly prohibited . st Employees are required to submit no later than July 1 annually a statement identifying what conferences or professional development events will be required during the upcoming fiscal year to obtain or maintain a professional association or state sponsored designation, which has been previously approved by the Town Manager or his/her designee. Such statement shall assume that the Town requires the employee to take the least days off possible to obtain or retain said designation. Attendance at conferences other than those required to maintain or obtain an approved designation will be limited to two (2) calendar days per year, unless provided for in an employment contract or collective bargaining agreement. Except for the Police and Fire Chiefs, no employee will be allowed to attend more than one professional association meeting per calendar quarter. Additionally, the maximum amount of Town time allowed for any such meeting shall be four (4) hours. The Town Manager, or his/her designee, reserves the right to reject any request for travel or time- off covered by this policy. (3)Policy Abuse & Penalties All employees are expected to adhere to the procedures outlined in this policy. Continued failure Any abuse of travel policies will subject employees to disciplinary action including possible termination. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 51 the Town. Professionalism is expected of North Andover employees at all times during this type of travel. Any action which is inappropriate or would give the appearance of being inappropriate should be avoided and may subject employee to disciplinary action up to and including discharge. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 52 VIII. EMPLOYEE. EMPLOYEE BENEFIT PROGRAMS A. Employee Benefits Overview Eligible Town employees are provided a wide range of benefits. A number of programs, such as retirement, workers' compensation and unemployment insurance, cover all employees in the manner prescribed by law. The Town also provides additional benefits to employees. Benefits eligibility is dependent upon a variety of factors, including employee classification and length of service with the Town. A more detailed description of the benefits can be obtained from the actual plan documents, such as a summary plan description. , and tThe terms and conditions contained within the actual plan of those documents control whether an employee is eligible for benefits rather than the summaries contained in this Policy. The existence of these benefits does not give rise to a contractual claim for benefits, and the Town expressly reserves the right to add to or rescind any of the existing programs at any time, consistent with state and federal law. The Town may also require or increase employee premium contributions toward any benefits at its discretion. Pursuant to the authority contained in MGL c41, §108C, certain fringe benefits as set forth in subsequent sections of this Policy are hereby granted to employees occupying positions in the classification plan. The fringe benefits are considered to be a part of the compensation plan and the monetary value hereof shall be extended to eligible employees in addition to rates set forth in the appropriate salary or wage schedule. Part-time employees who work less than 20 hours per week do not receive fringe benefits. B. Longevity Increments (1) An employee of the Town who has been in continuous, full-time or regular, part-time employment shall be paid, in addition to salary compensation received, annual increments determined as follows: Length of Service July 1, 201607 July 1, 2017 July 2018 Over 5 but not over 10 years $ 55025 600 600 Over 10 but not over 15 years $ 85025 900 900 Over 15 but not over 20 years $ 1,2925 1,525 1,525 Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 53 Over 20 but not over 25 years $1,,3025 1,625 1,625 Over 25 years $1,4125 1,725 1,725 * Longevity will be pro-rated for regular, part-time employees. (2) An employee will become eligible for longevity increments on the 5th, 10th, 15th, 20th, and 25th anniversary date of his or her employment; and the amount of increment to which he/she is entitled for the then current fiscal year will be determined by paying, in December, the highest amount relative to the employee's anniversary date. (3) An employee who qualifies for longevity compensation and then leaves the employ of the Town shall not be entitled to such compensation if re-employed until a new five-year period of continuous, full-time employment has been served. (4) If the service of an employee is interrupted by lay-off, military service, or other reason not resulting from the employee's own action, total service will be considered as continuous service. (5) Upon termination of an employee, the total longevity payment shall be a pro-rated amount related to that half of the then fiscal year in which their employment is terminated. This pro-rated amount shall be computed by multiplying the number of days served in that half of the then fiscal year by the per day longevity dollar amount for a full half year at the appropriate rate. Upon the death of an employee, benefits shall be paid to the estate of the deceased. (6)Upon retirement, eligible employees shall receive the entire benefit. C. Vacations The Town provides regular employees paid vacations after 30 days of employment and based upon their length of service. (1) A continuous, regular full-time employee or part-time employee shall be granted vacation leave with pay on the following terms: ONE (1) YEAR OF SERVICE TEN (10) DAYS FIVE (5) YEARS OF SERVICE FIFTEEN (15) DAYS TEN (10) YEARS OF SERVICE TWENTY (20) DAYS Regular part-time employees shall be credited with vacation leave on a pro-rated basis AFTER 10 (TEN) YEARS OF SERVICE employees shall receive one additional day for every year of continuous service thereafter for a maximum of twenty-five (25) days. An employee, after completion of their introductory period, may request up to five (5) days of his/her vacation in advance. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 54 (2) Employees will receive their full vacation entitlement as provided by this section, on the first of the month in which their anniversary falls. Length of service for purposes of vacation eligibility shall be based upon the employee's anniversary date of employment. The amount of vacation time allowed in any anniversary year will be based on the number of months of active service during the preceding twelve (12) months. (3) Absences on account of sickness in excess of that authorized under the rules, or for personal reasons as provided for under other leave may, at the discretion of the Department Head, be charged to vacation leave. (4) Upon the death of an employee who is eligible for vacation under these rules, payment shall be made to the estate of the deceased in an amount equal to the vacation allowance, as accrued in the vacation year prior to the employee's death but which has not been granted. In addition, payment shall be made for that portion of the vacation allowance earned in the vacation year during which the employee died, up to the time of his or her separation from payroll. (5) Absence for personal reasons may be charged to vacation leave upon application by the employee and approved by his/her Department Head. Such absences, however, may not be charged to vacation leave beyond that which the employee has earned at the time of such application. (6) Employees called to military service during a state or national emergency will have vacation time accrued as mandated by federal and state laws. (7) Employees may carry over from one benefit year to the next no more than five (5) days of vacation, regardless of the amount of vacation accrued during a specific year. (8) Employees who are eligible for vacation under these rules and whose services are terminated by dismissal, resignation or by retirement, or by entrance into the armed forces, or who are on leave as result of an injury sustained while on the job, shall be paid an amount equal to the vacation allowance as earned, and not granted, nor used, in the vacation year prior to such dismissal, resignation, retirement, or entrance into the armed forces. In addition, payment shall be made for that portion of the vacation allowance earned in the vacation year during which such dismissal, resignation, retirement, or entrance into the armed forces occurred up to the time of the employee's separation from the payroll, but no such payment shall be made to those persons on injury leave who have not been separated from the payroll. (9) The Town Manager is authorized to grant vacation benefits at a schedule different than that contained in Paragraph (1) when the Town Manager makes a determination that the recruitment efforts of the Town for qualified employees may be compromised due to the inability benefit. When reaching such a decision, the Town Manager will take into consideration the granted exceed the schedule contained in Paragraph (1) for analogous periods of times of prior employment. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 55 (10) Advance paid vacation time will not be paid to any employee. (11) Vacation schedules are subject to the approval of the immediate supervisor and the respective Division Director. To take vacation, employees should submit a Time Off Request Form thirty (30) days in advance of their proposed vacation time, or with as much advanced notice as possible, to permit vacation scheduling and the maintenance of proper workflow. the right to limit the number of employees who will be on vacation during any period. Requests will be reviewed based on a number of factors, including business needs, staffing requirements and when the request was made. E. Holidays The following days shall be recognized as legal holidays on which days employees shall be excused from all duty not required to maintain essential Town services: New Year's Day Labor Day Martin Luther King Day Columbus Day Presidents' Day Veterans' Day Patriots' Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day th When December 24 (Christmas Eve) falls on a regular scheduled workday, employees shall receive an additional half-day paid holiday. All full-time and regular, part-time employees (one who work an average of at least 20 hours a week) shall be entitled to holiday pay for the designated holidays. Holiday pay is based on the number of hours the employee is regularly scheduled to work and the holiday must fall on t paid holiday time off for employees on either the preceding Friday or the following Monday after the holiday. An eligible non-exempt employee must work the day before and after the period will be credited as holiday pay instead of the accrued vacation time off that would otherwise have applied. Paid time off for holidays will not be counted as hours worked for the purposes of determining whether overtime pay is owed to non-exempt employees. Employees are only eligible for receiving paid holidays if they are actively working for the Town when the holidays are observed. F. Sick Leave (1) A regular full-time or part-time employee who has completed his/her Introductory Period shall be allocated six days leave with pay and thereafter who has completed 30 days of Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 56 employment shall accrue leave at the rate of one and one-quarter days for each month of service, Sick leave may be used for sickness for provided such leave is caused by sickness absences related to sickness or injury or by exposure to contagious disease, excluding routine medical and dental appointments. Regular part-time employees shall be credited with sick leave on a pro- rated basis. (2) An employee shall be credited with the unused portion of leave granted under sub- section (1). (3) If the amount of leave credit provided under sub-section (2) has been or is about to be exhausted, an employee may make application for additional allowance to that provided under sub-section (1). Such application shall be made to the Town Manager who is authorized to grant such additional allowances as he/she may determine to be equitable after reviewing all circumstances including the employee's attendance and performance record prior to conditions supporting his or her request for the additional allowance. (4) Sick leave must be authorized by the department head and must be reported to the Town Manager. (5) The employee may be requested to submit to a physician's certificate of illness after three consecutive work days absence to his/her department head before leave is granted under the provisions of this section. The Department Head shall forward this certificate to the Town Manager. (6) The Town Manager may require medical examination of any employee who reports his/her inability to report for duty because of illness. This examination shall be at the expense of the Town by a physician appointed by the Town Manager. (7) Injury, illness, or disability as a result of a self-imposed act shall not be considered a proper claim for leave under this section. (8) Employees may be granted sick leave if actively participating in a Town-approved alcohol or substance abuse program. (9) An employee whose service is terminated by retirement shall be entitled to a portion of his/her accumulated sick leave as stated in Section VI- (10) Upon the death of an employee, benefits shall be paid to the estate of the deceased as stated in Section VI- (11) Sick leave may not be used if an employee is on vacation, leave of absence, other leave, or if he or she is not otherwise scheduled to work. G. Bereavement Leave Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 57 A regular full-time or part-time employee shall be entitled up to five (5) working days with pay following day of death in an employee's immediate family (spouse, child, parent of either spouse; brother, sister, grandparent of employee, grandchild of employee), and up to two (2) working days following day of death of brother-in-law, sister-in-law, grandparent of spouse, or person residing with the employee in his/herthe immediate household. For all other types of employees, paid leave may be granted at the discretion of the Town Manager. Employees who need to take time off due to the death of an immediate family member should notify their immediate supervisor as soon as possible. scheduled hours of work. Bereavement leave shall not apply if an employee is on vacation, leave of absence, other leave, or if he/she is not otherwise scheduled to work. H. Jury Duty An employee required to serve on a jury and thus having to be absent from regular duty will be compensated in accordance with the provisions of MG.L. c. 234A. Employees are expected to present the jury duty summons to their immediate supervisor within forty-eight (48) hours of receipt or with as much notice as is practicable so that vice as a juror, the employee is expected to report to work if he/she is not scheduled for duty or selected for a panel. Employees will not be penalized in any way for serving on a jury. I. Workers' Compensation Insurance The Town provides a comprehensive workers' compensation insurance program at no cost to employees. This program covers accidental injuries or occupational illness arising out of and in the course of employment. Subject to applicable legal requirements, workers' compensation insurance provides benefit coverage and medical payments. (1) In the event an employee sustains a work-related injuries or illnesses, he/she must inform their immediate supervisor immediately. No matter how minor an on-the-job injury may appear, it is important that it be reported as promptly as possible. All injured employees are required to complete the necessary paperwork and reports, including a first report of injury form, within twenty-r or foreman who has knowledge of the injury or accident is also required to report such injury or accident to the Division Director and the Human Resources Director. Failure by an employee to report the injury or accident may result in disciplinary action, up to and including termination. (2) If an employee, who has been absent from work and collected sick pay, and has this absence declared eligible for Worker's Compensation benefits the following shall take place: (a) When an employee is out more than five (5) days, upon approval of the claim, he/she will receive 60% of their salary. Beginning on Day 6, the employee may Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 58 choose to be compensated for up to 40% of their salary by using his/her accrued sick leave until they return to work. A request to do so must be submitted in writing to the compensation payment. (b) If an employee has been out for over twenty-one (21) days, an employee will r the first five (5) days of injury. Those days paid and charged to sick leave (three of the first five days) during this absence will be credited back to the employee based upon the difference between the gross pay paid under sick pay benefit and the por Compensation. The employee will be required to reimburse to the Town the dollar amount equivalent to the three (3) days of pay. (3) The Town is not required to offer light / limited duty work for returning employee whose doctor has determined that the employee is only able to work in a light duty or limited duty capacity.with this restriction. If there is such work available, it can be offered to the employee with medical authorization. This authorization should be very specific explaining weight limits and length of time for the restriction. J. Health Insurance The Town health insurance plan provides eligible employees and their spouses/ dependents access to health insurance benefits. Employees who decline such coverage are not entitled to any payment or cash equivalent of the value of the benefits offered. Eligible employees may participate in the health insurance plan subject to all terms and conditions of the agreement between the Town and the insurance carrier. payroll deductions, employees pay the remaining premium amount. Deductions are taken one month in advance. K. Educational Reimbursement A regular full-time or part-time employee, having completed one year of service with the Town, shall be eligible to receive educational reimbursement as follows: (1) Reimbursement will be provided, in accordance with provisions of this section, provided the employee receives an advanced favorable recommendation by the Division Director and approval by the Town Manager, subject to the appropriation of funds. Reimbursement for regular part-time employees will be pro-rated based on the ratio of regular hours worked to the regular workweek of full-time employment in the classification plan. (2) Course must be offered outside normal working hours. Hardship cases may be discussed jointly with the Division Director and Town Manager. (3) Course contents must be job-related and approved. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 59 (4) Course cost must be approved in advance. (5) Educational reimbursement of 100% will be made for registration fees, books, and tuition based upon a passing grade of B- or better. (6) Grade and payment certification is required before reimbursement. (7)The employee will be obliged to remain in the Town employment for six months after completion of the course, or full reimbursement for the last courses will be deducted from final paycheck at time of termination. L. Vehicle Use (1) Purpose and Scope The purpose of this policy is to set forth the guidelines for reimbursement or compensation for employee use of personal vehicles; the guidelines under which Town vehicles will be authorized to Town personnel; and the guidelines under which Town vehicles may be used. (2) Applicability The provisions of this policy apply to all employees in Town service with the exception of the Town Manager. Employees whose employment is regulated by collective bargaining agreement are subject only to those provisions of this policy not specifically regulated by agreement. (3) Definitions (a) Municipal Vehicle those automobiles, trucks, vans, or other self-propelled equipment owned, rented, or leased by the Town and licensed for travel on a public way. (b) Expense Reimbursement that payment for approved expenses relating to personal automobile use upon receipt of written documentation. Expense reimbursement is not considered to be a salary item. (c) Personal Automobile automobile owned or available for private use by the employee. (4) It is the policy of the Town that certain positions require employee access to municipal vehicles, either during the work shift or on a 24-hour on-call basis. Town vehicles are not personal vehicles and are not for personal use. Town vehicles should be viewed as belonging to the citizens of North Andover and are assigned solely for purposes consistent with providing services to those citizens. (5) The assignment of municipal vehicles during work time is based upon job description. Division Directors who have municipal vehicles available for this purpose may assign such Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 60 vehicles in a manner consistent with division/departmental workload and employee function. The Town Manager or Division Director may rescind the assignment of vehicles at any time. (6) Assignment of Municipal Vehicles for 24-Hour Use (Vehicle Use Approved for Commuting Purposes) (a) The assignment of vehicles for 24-hour use will be made in writing by the Town Manager after receipt of a written recommendation from the Division Director and will only be considered for employees who require a vehicle for the ordinary and necessary discharge of their job functions. Criteria, which will be used in the determination of eligibility for 24-hour vehicle use, include: Officially designated on-call status; Requirement for frequent emergency availability; Issuance of a pager or other communication device; Emergency or other equipment contained in the vehicle; and/or No Town facility is available for garaging in a safe and convenient location. Such assignment may be rescinded in writing at any time by the Town Manager. (b) Vehicle use is limited to travel to and from the residence and place of work except as noted in the following paragraph. The vehicle should be driven over the most direct route taking into account road and traffic conditions. The vehicle should not be utilized for travel outside a direct commuting route for personal reasons. (c) This section applies to the following Town positions: Police Chief, Fire Chief, Deputy Fire Chief, and any other position approved by the Town Manager. These employees, in recognition of their need not only to respond to emergencies from their home but also when they are not at home or at work, may use Town issued vehicles for personal business subject to the following conditions: (i) When the employee is off duty and either not on-call or not available for duty within a reasonable period of time, the employee shallwill not use a town vehicle. (ii) If the employee is transporting non-town personnel in a town vehicle and is called to an emergency, the employee will take all reasonable actions necessary to ensure the safety of the passenger for the duration of the emergency. (iii) The use of such Town vehicle where the expected travel distance is greater than two hours, from the Town without the expressed written permission of the Town Manager is prohibited. (d) Whenever a position becomes vacant, the authorization for 24-hour use shall be re-evaluated. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 61 (e) Employees assigned vehicles for 24-hour use involving a commute of more than twenty-five (25) miles one way shall reimburse the Town for the additional fuel cost as determined by the Director of Public Works. Employees who have been assigned a Town vehicle and have established commuting patterns of more than twenty-five (25) miles prior to January 1, 2006 shall be exempt from this provision. (f) Employees assigned municipal vehicles on a 24-hour basis will be given a copy of this policy and will be required to sign a confirmation of receipt. (g) Impute Income Taxation (i) Employees who are assigned marked and unmarked police vehicles, and/or marked municipal vehicles carrying tools and meeting certain other eligibility criteria will not be subject to imputed income taxation as a result of the vehicle assignment. (ii) Other employees authorized to commute in a Town vehicle may be subject to imputed income regulations as set forth by the Internal Revenue Service, which considers a certain portion of the vehicle use (namely the commute) to be income for the purposes of income taxation. The Finance Department shall be responsible for determining any tax liability and will be provided with the names of all employees authorized to use Town vehicles for commuting purposes, and the st normal, one-way commuting distance, each December 1. It is the responsibility Utilizing Town Owned Vehicles date requested. The form is included in the Addendum. (7) General Rules Governing Municipal Vehicle Use (a) Municipal vehicles may only be used for legitimate municipal business. (b) Municipal vehicles will not be used to transport any individual who is not directly or indirectly related to municipal business. Passengers shall be limited to Town employees and individuals who are directly associated with Town work activity (committee members, consultants, contractors, etc.). Family members shall not be transported in Town vehicles (accept as noted within paragraph (6)(c). (c) Vehicles should contain only those items for which the vehicle is designed. The Town shall not be liable for the loss or damage of any personal property transported in the vehicle. (d) Employees are expected to keep municipal vehicles clean, and to report any malfunction or damage to their supervisors immediately. (e) Employees are expected to park such vehicles in safe, legal locations. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 62 (f) Employees must wear seatbelts in vehicles so equipped during operation of the vehicle. (g) Employees must turn the vehicle ignition off, remove keys and lock the vehicle when unattended. (h) Employees may not operate municipal vehicles under the influence of alcohol, illegal drugs, or prescription drugs or medications, which may interfere with effective and safe operation. (i) Employees who operate municipal vehicles must have a valid motor vehicle license issued by the state of their current residence and may be required to provide proof of valid motor vehicle license every six (6) months. (j) Employees who incur parking or other fines in municipal vehicles will be personally responsible for payment of such fines unless the payment of such fines by the Town is approved by the Town Manager. (k) Employees who are issued citations for any offense while using a municipal vehicle must notify their supervisor immediately when practicable, but in no case later than twenty-four (24) hours. Failure to provide such notice will be grounds for disciplinary action in accordance with Section VII of this policy. (l) An employee who is assigned a municipal vehicle or using their personal vehicle for municipal business and who is arrested for or charged with a motor vehicle offense for which the punishment includes suspension or revocation of the motor vehicle license, whether in his/her personal vehicle or in a municipal vehicle, must notify his or her supervisor immediately when practicable, but in no case later than 24 hours. Conviction for such an offense may be grounds for loss of municipal vehicle privileges and/or further disciplinary action. (m) The Town reserves the right not to allow an employee to use a town vehicle s driving record. If the employee is required to drive as part of their job responsibility, the employee must use their own vehicle and is eligible for reimbursement pursuant to the provisions of this policy. (n) Smoking is prohibited in all town vehicles. (8) The Town will reimburse employees for reasonable documented expenses they incur as a result of personal automobile use on behalf of the Town. Receipts and the Personal Automobile Travel Expense Report must be submitted in order for an employee to be reimbursed for such expenses. (a) When an employee is authorized to use a personal automobile for work-related travel, he/she shall be reimbursed at a mileage rate established by the Town Manager. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 63 (b) The mileage rate is intended to include the costs of gasoline, repairs, insurance and general wear and tear on the automobile. (c) In addition to the mileage rate, the Town will reimburse employees authorized to travel outside of North Andover, driving personal or municipal vehicles, for tolls and reasonable parking expenses, when receipts are provided. Employees will not be reimbursed for tolls, which would normally be paid by the employee during his/her normal commute to work. (d) The Town retains the right to require employees who are reimbursed for work- related travel, to show proof of the following minimum levels of insurance coverage on their personal vehicle: Bodily Injury: $100,000/$300,000 Property Damage: $25,000 (e) An employee who uses his/her personal automobile to travel from home to a temporary assignment, rather than his/her regularly-assigned work location, shall be allowed personal automobile expenses between home and the temporary assignment or the regular work location, whichever is less. (f) Employees will not be reimbursed for commuting between their homes and offices or other regular work locations. (g) In order to be reimbursed for personal automobile use, employees must complete the Personal Automobile Travel Expense Form and attach all relevant receipts. This form should be submitted to the Town Accountant for payment. work-related trip, and the damages are not due to the negligence of the employee, the Town will reimburse the employee, upon receipt of verification of payment of a deductible (comprehensive or collision) to cover part of the cost of repair, up to a maximum of $500 or the amount of the deductible, whichever is less, per occurrence. (9) Special Circumstances This policy is intended to provide a basic framework governing the use of personal and municipal vehicles in the Town, and, as such, cannot contain procedures governing every situation that might arise. Employees seeking clarification of or exemption from the provisions of this policy should contact the Town Manager who will provide such clarification and may authorize exceptions to the policy under mitigating circumstances. (10) Sanctions Failure to comply with any and all provisions of this policy may result in disciplinary action up to and including removal of Town vehicle privileges, suspension, and/or termination from Town service. M. Benefits Continuation Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 64 The Consolidated Omnibus Budget Reconciliation Act (COBRA) statute provides eligible employees and their qualified beneficiaries the opportunity to continue health insurance ult in the loss of eligibility. Some common qualifying events include but are not necessarily limited to termination of employment, death of an employee, a reduction in an employee's hours, an employee's divorce or legal separation, and a dependent child no longer meeting eligibility requirements. Under this law, the employee or beneficiary pays the full cost of coverage at the employer group rates plus an administration fee. Eligible employees are provided with written notice describing rights granted COBRA when they may become eligible for coverage. The notice contains important information about the employee's rights and obligations. N. Cafeteria 125c Plan The Town offers a Cafeteria 125c Plan that allows employees to pay for certain benefits with pre-tax dollars, resulting in a savings for employees off the cost of benefits. For more information about utilizing the Plan, contact the Payroll Office Human Resources. O. Stevens Estate Director Incentive Plan (1) Purpose The purpose of the I aid the Stevens Estate in retaining and motivating the Director and to secure for the Estate the s terms and provisions of the Plan shall be final and conclusive. (2) Eligibility Beginning July 1, 2014 shall be eligible to receive a bonus under this Incentive Plan each fiscal year. The Director must be employed for at least six continuous months during the fiscal year and remain employed by the Estate on the applicable Payment Date to be eligible for and to receive a Performance Bonus including proper withholding of all applicable U.S. federal, state and local taxes. (3) Payment Date The Performance Bonus shall be payable as earned at the end of the fiscal year in which the bonus is earned. To the extent a Performance Bonus (as defined in Paragraph 4) becomes payable under the Plan, it shall be made in a single installment with the second payroll occurring after the financial statements for the Estate for the respective fiscal year are deemed final by the Town. (4) Description The Performance Bonus: The Stevens Estate must achieve Break Even (as defined herein) for the fiscal year in order for the Director to receive a Performance Bonus. The Performance Bonus shall be binary. No bonus will be awarded if Break Even is not achieved. The Performance Bonus shall be up to Break Even Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 65 applied on a consistent basis. For each additional $10,000 in revenue above the Break Even point the Performance Bonus shall be $1,000 up to a maximum of $5,000. The Stevens Estate Director position is a Grade E-13 in the Pay Classification plan. IX. AMENDMENT. AMENDMENT TO THE POLICY Section 41.3 of the Town By-Law provides that the Town Manager may submit to the Board of Selectmen proposed amendments to the Policy. The Town Manager will endeavor to distribute copies (electronically or otherwise) of the proposed amendments to the Personnel Policy to all employees whose employment is governed by said Personnel Policy at least one week in advance of the public hearing. Upon receipt of any amendments the Board of Selectmen will conduct a duly advertised public hearing to provide an opportunity for interested parties to comment on the proposed changes. The Board of Selectmen may accept, reject or amend the proposal of the Town Manager. The Town Manager shall be responsible for administration and enforcement of the Personnel Policy. This policy may be modified or amended to correct any substantive in nature by the Town Manager. Any personnel question not specifically covered by the provisions of this Policy shall be addressed in accordance with the discretion of the Town Manager. The Town Manager shall, from time to time, propose and the Board of Selectmen may adopt Amendments to this Personnel Policy. In accordance with the provisions of Chapter 41, Article 11 of the Town Bylaws upon receipt from the Town Manager of a proposed Personnel Policy and subsequent amendments to the policy, the Board of Selectmen will conduct a duly advertised public hearing to provide an opportunity for interested parties to comment on the proposed changes. The Town Manager will endeavor to distribute copies (electronically or otherwise) of the proposed amendments to the Personnel Policy to all employees whose employment is governed by said Personnel Policy at least one week in advance of the public hearing. At the conclusion of the public hearing, the Board of Selectmen may accept, reject or amend the proposal of the Town Manager. The Town Manager shall be responsible for administration and enforcement of the Personnel Policy. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 66 EMPLOYEE ACKNOWLEDGMENT FORM The Personnel Policy describes important information about the Town of North Andover and employees should consult with Town management regarding any questions not answered in the Policy. The Personnel Policy does not and is not intended to create a contract of employment between the Town and any of its employees, nor is it to be construed to constitute contractual obligations of any kind. Rather, the Personnel Policy is provided for employee guidance only. The provisions of the Policy have been developed at the discretion of Town management and, except for its policy of employment-at-will, may be amended, modified, revoked, rescinded or added to at any time, in the Town's sole discretion. This Policy does not and is not intended to create any enforceable rights or promises of any kind with respect to the terms and conditions of employment. This Policy supersedes all prior agreements, understandings, representations, handbooks, and policies concerning my employment with the Town of North Andover. I acknowledge that the Town of North Andover may make revisions to the information, policies, and benefits described in this Policy from time to time. All such changes will be communicated through official notices, and I understand that revised information may supersede, modify, or eliminate existing policies. I understand that I have entered into my employment relationship with the Town of North Andover voluntarily and acknowledge that there is no specified length of employment. Accordingly, either the Town or I can terminate the relationship at will, with or without reason, at any time, as long as there is no violation of applicable federal or state law. I acknowledge that no oral or written statements or representations regarding my employment can alter the foregoing. I acknowledge that this Policy is neither a contract of employment nor a legal document. I specifically acknowledge that I have reviewed the Anti-Harassment policy in the I believe I have been subjected to discrimination or harassment, including sexual harassment, that I am expected to immediately notify my supervisor, the Human Resources Director or the Town Manager. I specifically acknowledge that I have reviewed the provisions relating to Workplace Monitoring and Inspections and understand that any property, personal or Town-owned, such as toolboxes or desks, may be subject to inspection at any time. I also am aware that the Town may monitor my use of the electronic computer systems, including e-mail and voicemail, and that I may not use a password or pass code for my computer, e-mail or voicemail that is unknown to the Town. I also understand that monitoring may include printing or reading e-mail messages sent, received, or stored in these systems, as well as listening to voicemail messages. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 67 I understand that my signature below indicates that I have received a copy of the Town of North Andover Personnel Policy, and I understand that it is my responsibility to read and comply with its provisions and any revisions made to it. I have read and understand the above statements. _________________________________ Employee Name (printed) _________________________________ _______________________ Employee Signature Date Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 68 Town of North Andover Pay Classification Personnel Policy Employees * 20% Min to Max, 10% Grade to Grade Effective November 14, 2016 GradeMinMidMax υВАͲВЍЊЊЉАͲАЌЎЊЊАͲЎЋВ E-19 БВͲЉЌБВАͲВЍЋЊЉЏͲБЍЏ E-18 БЉͲВЍЍБВͲЉЌБВАͲЊЌЌ E-17 АЌͲЎБЎБЉͲВЍЍББͲЌЉЋ E-16 ЏЏͲБВЏАЌͲЎБЏБЉͲЋАЎ E-15 ЏЉͲБЊЍЏЏͲБВЎАЋͲВАА E-14 ЎЎͲЋБЏЏЉͲБЊЎЏЏͲЌЍЌ E-13 ЎЉͲЋЎВЎЎͲЋБЎЏЉͲЌЊЊ E-12 ЍАͲЍБЋЎЋͲЋЌЉЎЏͲВАБ E-11 υЋЌ͵БЊυЋЍ͵ЉБυЋЍ͵ЌЍ H-11 υЋЊ͵ЏЎυЋЌ͵БЊυЋЎ͵ВБ H-10 υЊВ͵ЏБυЋЊ͵ЏЎυЋЌ͵ЏЊ H-9 υЊА͵БВυЊВ͵ЏБυЋЊ͵ЍА H-8 υЊЏ͵ЋЏυЊА͵БВυЊВ͵ЎЋ H-7 υЊЍ͵АБυЊЏ͵ЋЏυЊА͵АЍ H-6 υЊЌ͵ЍЍυЊЍ͵АБυЊЏ͵ЊЌ H-5 υЊЋ͵ЋЋυЊЌ͵ЍЍυЊЍ͵ЏЏ H-4 IΏЌυЊЊ͵ЊЊυЊЋ͵ЋЋυЊЌ͵ЌЌ IΏЋυЊЉ͵ЊЉυЊЊ͵ЊЊυЊЋ͵ЊЋ IΏЊυВ͵ЊБυЊЉ͵ЊЉυЊЊ͵ЉЋ υЎͲВЎЍυЏͲЎЍВυАͲЊЍЎ S-1 * Approximate due to rounding 9Ώ 9ǣĻƒƦƷ I Ώ IƚǒƩƌǤ {Ώ {ƷźƦĻƓķ Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 69 Town of North Andover Position Classification Personnel Policy Employees As of 11/14/16 Grade E-19 Fire Chief Police Chief Director - Public Works Assistant Town Manager Town Counsel Grade E-18 Director - Community Development Finance Director / Town Accountant Finance Director Grade E-17 Information Technology Director (consolidated) Operations Manager - Public Works Facilities Management Director (consolidated) Superintendent - Water Treatment Plant Town Engineer Deputy Fire Chief Senior Network Manager - IT Human Resources Director/Director Community Services Grade E-16 Director - Youth & Recreation Services Assessor Inspector of Buildings Director - Library Human Resources Director Grade E-15 Ass't Operations Manager - Public Works Administrative Services Director - Police Town Clerk Public Health Director Ass't Supt - Water Treatment Plant Treasurer/ Collector Grade E-14 Director of Planning - Town Planner Director - Elder Services IT Network Manager Conservation Administrator Staff Engineer DWTP Laboratory Director Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 70 Grade E-13 Director, Stevens Estate Executive Assistant - Town Manager Payroll Coordinator Grade E-12 IT Systems Support Analyst Assistant Library Director Human Resources Benefits Specialist Local Building Inspector District Director of Veterans' Services Staff Planner Grade E-11 Assistant Director - Youth & Rec Services Administrative Ass't - Community Dev. Public Health Nurse Senior Water Analyst Assistant Assessor (2) Assistant Town Clerk GIS Analyst Assistant Town Accountant Health Inspector Electrical Inspector Plumbing & Gas Inspector Grade H-11 Conservation Field Inspector Asst. Director / Outreach Worker - Elder Services Grade H-10 Community Service Officer Support Services Coord. - Youth & Rec Services Social Program Coord. - Youth & Rec Services Recreation Coordinator - Youth & Rec Services Grade H-9 Program Coordinator- Elder Services Grade H-8 Reserved For Future Use Grade H-7 Crossing Guards - Police Department Matron - Police Department Cell Monitor - Police Department Stevens Pond Director Ropes Course Instructors (Grades H4-H7) Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 71 Grade H-6 Stevens Pond Assistant Director Grade H-5 Youth Center Program Leaders/Coord. Elder Services P.T. Receptionist Grade H-4 Stevens Pond Lifeguard Youth Center Program Leaders/Coord. Grade H-3 Reserved for Future Use Grade H-2 Reserved for Future Use Grade H-1 Youth and Recreation Workers Stevens Pond Gate Attendant Library Pages Grade S-1 Director - Emergency Management E = Exempt - Administrative Professional per FLSA H = Hourly - Non-exempt per FLSA S = Stipend - Salaried per FLSA FLSA = Fair Labor Standards Act Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 72 Town of North Andover Pay Classification Personnel Policy Employees * 20% Min to Max, 10% Grade to Grade Effective July 1, 2014 7/1/20147/1/20147/1/2014 GradeMinMidMax ВЌͲАЍАЊЉЌͲЊЋБЊЊЋͲЎЉБ E-19 БЎͲЋЎАВЌͲАБЌЊЉЋͲЌЉВ E-18 ААͲЍВВБЎͲЋЍВВЋͲВВБ E-17 АЉͲЍЍАААͲЍВЋБЍͲЎЌЏ E-16 ЏЍͲЉЌЏАЉͲЍЌЍАЏͲБАЍ E-15 ЎБͲЋЉВЏЍͲЉЋВЏВͲБЎЉ E-14 ЎЋͲВЊЋЎБͲЋЉЌЏЌͲЍВЍ E-13 ЍБͲЉВАЎЋͲВЉЏЎАͲАЊЏ E-12 ЍЌͲАЋЉЍБͲЉВЋЎЋͲЍЏЍ E-11 ЌВͲАЍЋЍЌͲАЊЏЍАͲЏВЉ E-10 ЌВͲЌЋЊЌВͲАЌАЍЌͲЌЎЉ E-9 ЌЋͲБЌБЌЏͲЊЋЊЌВͲЍЉЎ E-8 ЋВͲБЍВЌЋͲБЌЎЌЎͲБЊВ E-7 ЋАͲЊЌЌЋВͲБЍЏЌЋͲЎЏЉ E-6 ЎͲЏВЍЏͲЋЏЍЏͲБЌЍ S-3 ЊЌ͵АЋЊЎ͵ЉВЊЏ͵ЍЏ H-7 ЊЋ͵ЍАЊЌ͵АЋЊЍ͵ВА H-6 ЊЊ͵ЌЌЊЋ͵ЍЏЊЌ͵ЏЉ H-5 ЊЉ͵ЌЊЊЊ͵ЌЌЊЋ͵ЌЏ H-4 В͵ЌЏЊЉ͵ЌЊЊЊ͵ЋЍ H-3 Б͵ЎЋВ͵ЌЏЊЉ͵ЋЋ H-2 А͵АЍБ͵ЎЋВ͵ЋВ H-1 Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 73 * Approximate due to rounding Addendum 2 Town of North Andover Position Classification Personnel Policy Employees As of 7/1/14 Grade E-19 Fire Chief Police Chief Director - Public Works Assistant Town Manager Grade E-18 Director - Community Development Budget Director / Town Accountant Finance Director Grade E-17 Information Technology Director (consolidated) Operations Manager - Public Works Facilities Management Director (consolidated) Director of Engineering Superintendent - Water Treatment Plant Deputy Fire Chief Senior Network Manager - IT Human Resources Director/Director Community Services Grade E-16 Director - Youth & Recreation Services Assessor Inspector of Buildings Director - Library Grade E-15 Ass't Operations Manager - Public Works Administrative Services Director - Police Town Clerk Public Health Director Ass't Supt - Water Treatment Plant Grade E-14 Town Planner Treasurer Collector Director - Elder Services Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 74 IT Network Manager Conservation Administrator Staff Engineer Grade E-13 Director, Stevens Estate Grade E-12 IT Systems Support Analyst Assistant Library Director Executive Assistant - Town Manager Human Resources Benefits Specialist Local Building Inspector Assistant Director, Community Development Grade E-11 Veteran's Agent Administrative Ass't - Community Dev. Public Health Nurse Senior Water Analyst Director - Stevens Estate Assistant Assessor (2) WTP Lab Director Assistant Town Clerk GIS Analyst Assistant Town Accountant Health Inspector Electrical Inspector Grade E-10 Outreach Worker - Elder Services Plumbing & Gas Inspector Administrative Asst - Veterans Grade E-9 Conservation Field Inspector Support Services Coord. - Youth & Rec Services Community Service Officer Elder Client Assistant/Program Coordinator Payroll Coordinator Grade E-8 Social Program Coord. - Youth & Rec Services Program Coordinator - Youth & Rec Services Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 75 Grade E-7; E-1 Reserved for Future Use Grade S-1 Director - Emergency Management Grade H-7 Crossing Guards - Police Department Matron - Police Department Cell Monitor - Police Department Stevens Pond Director Ropes Course Instructors (Grades H4-H7) Grade H-6 Stevens Pond Assistant Director Grade H-5 Youth Center Program Leaders/Coord. Grade H-4 Stevens Pond Lifeguard Youth Center Program Leaders/Coord. Grade H-3 Reserved for Future Use Grade H-2 You Center Program Staff Grade H-1 Youth and Recreation Workers Stevens Pond Gate Attendant E = Exempt S = Stipend H = Hourly Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 76 Addendum 3 Computer Password Policy A policy on passwords is important in order to allow the Town of North Andover to maintain a secure computing environment. The most vulnerable part of any computer system is the account password. No matter how secure it is from network or dialup attack, any computer system can be fully exploited by an intruder if he or she can gain access via a poorly chosen or maintained password. For all access that requires a password, all users must follow the guidelines below: At a minimum, passwords are to be six (6) alphanumeric characters in length. Use at least one number in your password. All users must be made aware of the private nature of their password. It is the responsibility of the user or department head to inform the System Administration Staff if disclosure is suspected. Prompt notification must be given to the System Administration Staff when an account must be removed from the system. Accounts and passwords must not be shared. Passwords must not be posted on monitors, blackboards, bulletin boards, or in any other location where they may be disclosed. If a password has been seen, guessed or compromised, it must be changed immediately. No reusable passwords shall be used to authenticate all incoming connections across networks not controlled by the Town of North Andover (regular passwords are often stolen and reused when they pass across networks i.e. the internet). To avoid breaches of security, employees should log off or lock any personal computer or terminal connected to the Town network whenever they leave their workstation unattended and unsecured. DO use a password with non-alphabetic characters (digits or punctuation). DO use a password that you can type quickly, without having to look at the keyboard. -is, reversed, capitalized, doubled, etc.) han 2 times. numbers, social security numbers, the make of your automobile, the name of the street your live, etc. all same letters. Methods of selecting a password which adhere to these guidelines include: Choose a line or two from a song or poem, and use the first letter of each word. Alternate between one consonant and one or two vowels, up to seven or eight characters. This provides nonsense words which are usually pronounceable and thus easily remembered. Choose two short words and join them together with punctuation character between them Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 77 Addendum 4 Procedures for Expense Reimbursement I. Purpose: To document the procedures to be used by Town employees and volunteers to be reimbursed for reasonable and customary expenses they incurred on behalf of the Town. The procedures are separated into two sections; general reimbursable expenses and personal mileage reimbursement. II. References: Town of North Andover Personnel Policy Massachusetts General Law Chapter 40 Section 5, Chapter 44, Section 58 City and Town, February 2006 Edition III. Attachments: Expense Report Personal Automobile Travel Expense Report IV. General Reimbursable Expenses: In order to process reimbursements the following procedure shall be followed: A. Reimbursement Requests All requests for reimbursement must have original receipts or acceptable copies showing that the balance has been paid in full and must also display method of payment. There are several methods of payment, Cash, Check, Credit Card and Debit Card. Listed below are the documentation requirements based on each method of payment. Check: Provide front and back copy of canceled check. Credit Card: Provide a copy of the credit card receipt and statement showing payment in full. The statement must show the purchasers name, the item and total amount. All personal information on the statement should be blocked out, (account #, Address, etc.). Debit Card: Provide a copy of the debit card receipt showing balance paid in full. Cash: Provide original sales slip showing balance paid in full. B. Reimbursement Guidelines All requests for expense reimbursement shall be reviewed for compliance with the following guidelines: Meals, tax & tip will be reimbursed. When dining out with others only your meal will be reimbursed. With prior approval by a supervisor, expenses for a group meal for work related reasons will be reimbursed. Alcoholic beverages will not be reimbursed. Hotel bills for additional items ex: Personal telephone charges, movies will not be reimbursed. Items such as facility fees, miscellaneous charges etc. will require further explanation on bill. job must include documentation that the employee has successfully achieved or acquired the certification or license. Reimbursements for parking, tolls, trains, planes, public transportation and car rentals etc. must follow reimbursement procedures as listed above. Sales tax will not be reimbursed on items purchased for department use costing more than $50.00. You must see Treasurer Collector for copy of exempt certificate to be used when purchasing these items. Flowers, wreaths, gifts, cards, food, etc. related to funerals, birthdays, retirements or other similar events are not eligible for reimbursement. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 78 C. Submittal Once an employee/volunteer has collected and reviewed all the documents required for reimbursement, charges occurred. Ex: conferences, seminars, meetings etc. including dates for such events. This form can The employee must sign the Expense Report form certifying that the reimbursement request is true, correct and directly related to employment or volunteerism with the Town of North Andover. All statements made in the report are subject to investigation, and any false or dishonest information may be grounds for denial of reimbursement and disciplinary action up to and including dismissal. Once the approval of the reimbursement request is complete as referenced in section D below the complete form along with all documentation should be submitted to the accounting office for processing. D. Approval All reimbursement requests mus approved by the Town Manager. E. Payment When a voucher with supporting documentation is received by Accounting, it will be reviewed for completeness. If additional backup is necessary to process the reimbursement, the employee/volunteer will be notified. V. Mileage Reimbursement Guidelines: A. Mileage Reimbursement Requests The Town of North Andover will reimburse employees for reasonable documented expenses they incur as a ate supervisor and department or Town Manager. The Mileage Reimbursement form may Finance/Forms and Documents. Employees will not be reimbursed for commuting between their homes and offices or other regular work locations. Mileage reimbursement per trip in excess of 20 miles, shall require submission of beginning and ending odometer reading or Map Quest documentation. All reimbursements should be reasonable and customary work-related expenses. The Town reserves the right not to reimburse expenses that are found to be excessive or not appropriate. B. Mileage Reimbursement Rates When an employee is authorized to use a personal vehicle for work-related travel, he /she shall be reimbursed at a mileage rate established annually by the Town Manager. The mileage Personal Automobile Travel Expense form, (Attachment B). In addition to the mileage rate, the Town will reimburse employees authorized to travel outside of North Andover, driving personal or municipal vehicles, tolls and reasonable parking expenses. Receipts must be Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 79 provided. Employees will not be reimbursed for tolls, which would normally be paid by the employee during his/her normal commute to work. C. Insurance The Town retains the right to require employees who are reimbursed for work-related travel, to show proof of the following minimum levels of insurance coverage on their personal vehicle: Bodily Injury: $100,000/$300,000 Property Damage: $25,000 An employee who uses his/her personal automobile to travel from home to a temporary assignment, rather than his/her regularly-assigned work location, shall be allowed personal automobile expenses between home and the temporary assignment or the regular work location, whichever is less. -related trip, and the damages are not due to the negligence of the employee, the Town will reimburse the employee, upon receipt of verification of payment of a deductible (comprehensive or collision) to cover part of the cost of repair, up to a maximum of $500 or the amount of the deductible, whichever is less, per occurrence. D. Mileage Reimbursement Submittal The employee must sign the Personal Automobile Travel Expense Report form, (see Attachment B) and directly related to employment or volunteerism with the Town of North Andover and with full knowledge that all statements made in the report are subject to investigation and that any false or dishonest information may be grounds for denial of reimbursement and disciplinary action up to and including dismissal. E. Mileage Reimbursement Payment When a voucher with supporting documentation is received by Accounting, it will be reviewed for completeness. If additional backup is necessary to process the reimbursement, the employee/volunteer will be no Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 80 Addendum 5 Travel Policy and Procedures It is the policy of the Town to reimburse employees for work related travel, including the cost of transportation, meals, registration and lodging, provided such travel is approved in advance by the Town Manager or his/her designee. This policy document provides staff with an organized source of information regarding Town policies and related guidelines relative to acceptable travel and the guidelines required to initiate a travel request, document travel expenses, and initiate process for reimbursement of travel related expenses. All travel requests must be approved in accordance with this policy and performed in the conduct of official Town business. Failure to adhere to the provisions contained in this policy may result in a rejection of the requested reimbursement. The Town Accountant is the party responsible for reviewing travel reimbursement requests. All reimbursement requests must be accompanied by the appropriate approval and expense documentation Travel to seminars or while conducting Town business are exempt from this policy unless lodging is required. Travel within 50 miles of the Town does not require a Request for Travel form, however, employees must request and receive the approval of the Town Manager or his/her designee if expenses incurred (other than mileage, parking and/or tolls) are going to be paid by the Town or submitted for reimbursement. A Time-Off Request must be completed and approved by the Town Manager for Division Heads. Actual mileage will be reimbursed at $.50 per mile. For purposes of mileage reimbursement, round trip mileage will be calculated using North Andover Town Hall rsement (1) Travel Approval The Town Manager or his/her designee approves travel requests for travel over 50 miles one way for ALL employees. Division Heads must also approve all requests for travel for employees in their respective departments. Travel requests must be submitted in writing at least twenty (20) working days in advance of the anticipated travel or deadline date for registration for conference. Requests submitted for approval less than 20 days in advance must be accompanied Division Head by a written statement by the justifying the timing of the submittal. Employees Resources Department. Reimbursement of Expenses (2) Employees will be fully reimbursed for all reasonable, documented costs as generally described below. All requests for reimbursement shall be submitted on the prescribed form (Expense Report Form) and must be supported by original legible receipts, unless otherwise noted herein. If a legible receipt is not submitted where required, reimbursement shall not be made. The following types of expenses are covered by this policy. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 81 Transportation a. Air Travel Employees should purchase round- All airline reservations should be made sufficiently in advance to take advantage of airline discount fares (usually 21 days in advance), if available and practical. Rental Vehicles Employees are expected to obtain the lowest possible rental rate for cars where practical. The Town will reimburse rental costs for travel the day before and the day after the conference (or training session) dates, especially if the extra days were necessary in order to take advantage of discount airline fares. Cars rented for personal use beyond these dates will not be reimbursed. Car rental insurance is to be purchased and will be reimbursed by the Town. Pooled transportation is encouraged to reduce costs. Discounts to government employees (or conference attendees) may be available and should be requested. Mileage Reimbursement When personal vehicles are used, employees will be reimbursed at the lesser of an advance purchase round-trip coach class airfare, or an amount based upon the number of miles at the current mileage rate. Travel urgency, health concerns, or the economy of using a personal vehicle at the destination site (in lieu of a rental vehicle) may alter which reimbursement method is used. The payment of mileage will be based on the most direct route from the point of destination. Employees receiving a monthly car allowance will not be reimbursed for travel within a 50-mile radius of the Town. Travel outside of this radius will be reimbursed for the total miles traveled. b.Lodging Overnight lodging is allowable up to standard hotel room rates. Discounts to government employees (or conference attendees) may be available and should be requested. c.Parking and Tolls Reimbursements will be allowed for parking and tolls provided that the costs are documented and reasonable. d.Communications Official Long Distance Calls: The Town will reimburse employees for all long distance phone calls of official business. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 82 Personal Long Distance Calls: The Town will reimburse employees for one personal long distance telephone call, not to exceed ten minutes in length, per day. e. Meals & Entertainment Regular Meals: The Town will pay for actual and reasonable expenses related to meals consumed during official travel up to a total of $35.00 per day. Exceptions may only be made when meals are an integral part of a conference program, in which case reimbursement will be made at conference rate. A reasonable tip may be included. A flat per diem rate of $35.00 will not be paid; meals will not be reimbursed unless accompanied by receipts. Special Events: In those cases where the Town hosts special events, documentation should be included which explains the nature of the event and identifies their participants. Special Conference Activities: Many conferences provide activities such as tours, receptions, meals, etc., which are offered at additional cost to the participant. These activities may be paid for by the Town, if approved in advance and if the activity is of reasonable cost and if the Town Manager, or his/her designee, deems that the information gained would be of benefit to the Town. Miscellaneous: The Town will not pay for movies, alcoholic beverages and entertainment. Snacks will not be approved for reimbursement. (3)Restriction and Other Limitations Out of state travel to states other than those which are contiguous to the Massachusetts is strictly prohibited . st Employees are required to submit no later than July 1 annually a statement identifying what conferences or professional development events will be required during the upcoming fiscal year to obtain or maintain a professional association or state sponsored designation, which has been previously approved by the Town Manager or his/her designee. Such statement shall assume that the Town requires the employee to take the least days off possible to obtain or retain said designation. Attendance at conferences other than those required to maintain or obtain an approved designation will be limited to two (2) calendar days per year, unless provided for in an employment contract or collective bargaining agreement. Except for the Police and Fire Chiefs, no employee will be allowed to attend more than one professional association meeting per calendar quarter. Additionally, the maximum amount of Town time allowed for any such meeting shall be four (4) hours. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 83 The Town Manager, or his/her designee, reserves the right to reject any request for travel or time- off covered by this policy. (4)Policy Abuse & Penalties All employees are expected to adhere to the procedures outlined in this policy. Continued failure Any abuse of travel policies will subject employees to disciplinary action including possible termination. the Town. Professionalism is expected of North Andover employees at all times during this type of travel. Any action which is inappropriate or would give the appearance of being inappropriate should be avoided and may subject employee to disciplinary action up to and including discharge. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 84 REQUEST FOR TRAVEL PROCEDURES All approved requests and supporting documentation must reach Accounts Payable twenty (20) calendar days prior to the travel date. Exceptions will require the approval of the Town Manager or designee. Checks will be placed in a sealed envelope. 1. To initiate a Travel Request the following steps must be taken. Employee submit a completed Request for Travel from, along with documentation about the conference/training session/event that he/she wishes to attend, to the Division Head more than twenty (20) working days prior to the date of anticipated travel. Note: in positions which will require overtime or additional pay to the employee, or that additional Division Head If approved, the Division Head will forward t See note above. Town Manager (or designee) returned to the initiating Division Head. Upon receipt of an forward it to the Town Accountant along with all appropriate forms to request payment. 2. Once the employee has completed their travel: category should be completed and approved. Receipts are to be submitted for every expense. Detailed receipts for all meals are required. Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 85 REQUEST FOR TRAVEL APPROVAL DEPARTMENT: ____________________________________________ EMPLOYEE NAME: _________________________________________ TRAVEL DESTINATION: (City & State) ________________________________________ TRAVEL START DATE: _____________________________ TRAVEL END DATE: _______________________________ DESCRIBE BELOW THE NATURE OF THE MEETING, SEMINAR, CONFERENCE OR CONVENTION AND JUSTIFICATION FOR ATTENDING. (ATTACH ANY BROCHURE OR PRINTED MEDIA). ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ESTIMATED CALCULATION OF COST REGISTRATION FEE (number of meals included:________) $ ________ AIRFARE:(attach quotes) $ ________ LODGING: # of nights ______ @ $ _________ = AUTO RENTAL # of days ______ @ $ _________ + $ ________ MEALS: # of days _______ @ $ _________ = $ ________ REIMBURSEMENT FOR PERS AUTO: # of miles ______ x .0500 $ ________ OVERTIME COVERAGE COST $ ________ MISCELLANEOUS (explain) $ ________ TOTAL COST TO TOWN $ ________ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Division HeadDivision Head Signature: Date: Request Approved Request Denied Town Manager Signature: Date: Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 86 TOWN OF NORTH ANDOVER EXPENSE REPORT ATTENDANCE REPORT AND FINAL COST OF TRAVEL DEPARTMENT: ____________________________________________ EMPLOYEE NAME: _________________________________________ TRAVEL DESTINATION: (City & State) ________________________________________ TRAVEL START DATE: _____________________________ TRAVEL END DATE: _______________________________ Travel cost must be itemized, completed and approved prior to being submitted to the Town Accountant for payment. Receipts are to be submitted for every expense. Detailed receipts for all meals are required. CALCULATIONS OF COST REGISTRATION FEE (number of meals included:________) $ ________ AIRFARE:(attach quotes) $ ________ LODGING: # of nights _________ @ $ _________ = $ ________ AUTO RENTAL # of days _______ @ $ _________ = $ ________ MEALS: # of days _____________ @ $ _________ = $ ________ REIMBURSEMENT FOR PERSONAL AUTO: # of miles ______ x .0500 $ ________ PARKING/TOLLS $ ________ OVERTIME COVERAGE COST $ ________ MISCELLANEOUS (explain) $ ________ TOTAL COST TO TOWN $ ________ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Department Head Signature: Date: Town Manager Signature: Date: Request Approved Request Denied This policy can be found on the Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 87 Addendum 6 TOWN OF NORTH ANDOVER Information Sheet for Computation of Fringe Benefit of Employer Provided Vehicle Name: Position: Department: Description: Information required for computation by $ 3.00 per day ($ 1.50 one-way) Commute Method 1. Number of days in year: 365 2. -104 261 3. ... ____ Subtotal :Subtotal: ____ 4. Subtotal: ____ 5. Less Subtotal: ____ 6. Less: all other non-vehicle use days: (Explain) ---------------------------------- ---------------------------------- ---------------------------------- Subtotal: ____ 6. __________ ________________________________ Signature of individual employee Approved (requires approval of department head or a majority of Board governing department) Value of this fringe benefit to be computed by Treasurer only: Multiply figure in No. 7 by $ 3.00 = Value of taxable fringe benefit Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 88 Town of North Andover Personnel Policy (proposed revision 11/10/2016last revised 11/17/2014) 89  !"#$%&'"()'"*'+, -'$ .$/)%'$ 0"1"2)-,3"43+'"5$63  !"#$%%&&'&'()&*%%+$,*%-./0.%1-!"$&)')&'()&*%%!0$&)'2&'()&*% 78)0%)/ )$9" !"#$%&'"" 2)-,3"43+'".$/)%'$ 0 /-34"%53-.4%6%/-34"%7-334&89:; /"&9:; <00#%= !" !%7-33429:; >-?-#0@4%70 #!0 4AB0%/"C29&; D!E"%FGH"%0I%= J#" !4(9K; DL"H"44@"M%N@H!@"4M%OPH3040 M%DL"E"-!A 0%" 4@ Q%I"C)92; N"4J@"%6%O."Q" JG%R"#J-3%S"LJ"K89,; S"LJ"%7-334&&9*; F0!-3$&))9); ()' ":;8)6%)$<"=)' ">?@)$<"=)'A"/$=)$'%" "/$ ,)$' ":B,%"=')<! 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"Z"D8E14 ,6A"5 !'"43+'"=".$/)%'$ 0 "T\[T"4 ,6"8-E'"=".$/)%'$ "43+'0 4 ,6"?8$ "="Y$)V8'".$/)%'$ "8-E'0"=" !)0"2')%9"T\[T" -Q"%(%0I%2TT/= J#" !4UG.-GFGH"%)8'(2'&2  !"#$%&'"()'"*'+, -'$ .$/)%'$ 0"1"2)-,3"43+'"5$63  !"#$%%&&'&'()&*%%+$,*%-./0.%1-!"$&)')&'()&*%%!0$&)'2&'()&*% 78)0%)/ )$9" !"#$%&'"" "T\[T" U,$%"4 ,6"?8$ "="Y$)V8'".$/)%'$ "8-E'0"=" !)0"2')%9 -Q"%2%0I%2TT/= J#" !4UG.-GFGH"%)8'(2'&2 Job Posting/Vacancy Log November 9, 2016 Date Position Department Hiring Status Posted Manager 10/11/16 Part Time Public Works Tim Willett Resumes received, interviews scheduled Building Steve Foster beginning on 11/10/16. Advertised in Eagle Custodian Tribune and Monster, receiving resumes. 10/6/16 Social Programs Youth & Rick Gorman Resumes received, interviews to begin week Coordinator Recreation of 11/7/16. Posted on Town website, to be Services advertised in the Eagle Tribune on 10/9/16 and on Monster.com for 30 days. 6/7/16Teen Librarian Stevens Kathleen Ongoing interviews of candidates who applied Memorial Keenan for other library positions but were not hired Library but are qualified for this position. Reviewing resumes on file. Hired individual pending satisfactory reference checks. Candidate withdrew to accept employment elsewhere with more hours and benefits. Four direct applications received, 10 others who applied for other positions asked if interested in this position and three were added to the pool for consideration. Reviewing resumes on file. Candidate offered position declined due to better offer from another employer. Receiving resumes. Posted on town website and, Merrimack Valley Library Consortium site, NH Librarians site and Simmons College. DeadAnimalFireDepartment- Non-Emergency ResolvedResolvedResolvedResolvedInProcessResolvedResolvedResolvedResolvedResolvedResolvedResolvedResolved Issues/Concerns Conservation DPW-Catch Basin 504998 PotholeTrash&RecyclingWebsiteQuestion /BrokenLink PercentResolved: TotalResolved: TotalReports: NorthAndoverReportIt! CountofReportType October2016 NotListed-OtherPolice-Traffic/Other(non- emergencyonly) 31067153831111 CountofReportType InProcess ResolvedResolvedResolvedResolvedResolvedResolvedResolvedResolvedResolvedResolvedResolvedResolved DPW-OtherDPW-TreeHealthIssues/ Status Concerns Police-Traffic/Other(non-emergencyonly)Police-Traffic/Other(non-emergencyonly) FireDepartment-Non-Emergency WebsiteQuestion/BrokenLink ConservationIssues/Concerns Status HealthIssues/Concerns CountofReportType DPW-CatchBasin NotListed-Other Trash&Recycling ReportType DeadAnimal DPW-Other DPW-Tree ReportType Pothole 121086420 Senior Center Statistics Report FY17 Category Jul. Aug. Sep. Oct. Nov. Dec. Jan. Feb. Mar. Apr. May Jun. FY 17 TOTALS Computer Lab 33 45 41 42 161 Golf 35 57 ME'92 Knitting & Crocheting 17 18 19 17 71 Mahjong 10 10 16 14 50 Quilting 4 5 7 2 18 Scrabble 13 17 14 20 64 Woodcarving 191 181 26 21 84 Shine Counseling iiiiiiiiiiiiiiiiiiiiiillillillillillillilljIIIIIIIIIIIIIIIIII11111111111 41 91 1 1 1 1 1 1 1 1 13 Sii.) .,mal ..Ill urip s Fresh Table 103 120 120 117 460 Socials - In House 37 115 37 102 291 Men's Breakfast mmim 25 21 46 Day Trip 18 20 25 7 70 Supper Club 24 12 0 8 Socials - Off Site 8 0 10 23 41 Tax Consultant 0 GRAP,�mIIC:) Ilm1l" U'll, IIit l r Ilii:)nl]lii 3549 3700 3803 3475 0 01 0 0 0 0 0 0