§ 4. Establishment of a personnel department.

1.1 Purpose. It is the purpose of this section to establish a system of personnel administration, for the city of Lawrence, that is consistent with the following merit principles:

1.

Recruitment from all segments of society, and selection and advancement on the basis of ability, knowledge and skills, under fair and open competition.

2.

Compensation on an equitable basis.

3.

Training and development as needed to assure high quality performance by all employees.

4.

Retention of employees on the basis of their performance. A reasonable effort shall be made to assist employees in correcting inadequate performance; and if following such effort inadequate performance cannot be corrected, separation shall occur.

5.

Fair treatment of applicants and employees in all aspects of personnel management without regard to race, color, religion, sex, national origin, political affiliation, age, handicapped condition of other non-merit factors, and with proper regard for their privacy and constitutional rights.

6.

Protection of employees from arbitrary action of political coercion.

The words and phrases appearing in this section shall be construed in conformity with meanings established by chapter 4, chapter 31, and chapter 152 of the General Laws.

To the extent that any apparent conflict exists, it shall be determined in favor of state statute or provisions of the Massachusetts Division of Personnel Administration.

2.1 Application of Provision. All city departments and all positions in the city service and positions under their respective supervision and control, shall be subject to the provisions of this section with the following exceptions.

The provisions of this section shall not apply to professional positions in the school department, popularly elected officials or members of boards and commissions who are not employees of the city. Civil service positions in the school department shall be subject to all provisions of this document.

3.1 Establishment of Department. There is hereby established a personnel department, which shall administer the provisions of this section. The department shall consist of a director of personnel appointed by the mayor and subject to the confirmation of the city council, who shall be the chief administrative officer of the department, and such subordinate clerical and technical personnel as the mayor and city council may employ for the purpose of this measure. Organizationally the director of personnel shall report directly to the mayor.

The mayor shall furnish the department with such office space as it may require for the performance of its duties and the storage of its property and an adequate place for the holding of public hearings and other meetings.

The department shall keep a record of official proceedings and actions, establish its own rules of procedure and may, subject to appropriations, make such expenditures as may be necessary to the performance of its duties.

3.2 Qualifications of the Personnel Director. The personnel director shall be qualified for this appointment by reason of previous education, training and significant personnel experience. The personnel director shall have demonstrated ability in personnel administration, recruitment, personnel assessment, position classification, compensation and training.

The classification of the position of personnel director shall be determined by a job analysis conducted by an outside consultant. The personnel director shall receive such salary as is determined by the compensation plan (section 9). All other salaries in the department shall be based on contract, ordinance, and/or classification.

4.1 Administrative Authority of Personnel Department. The personnel department is hereby authorized to administer the provisions set forth. The personnel department may, from time to time, issue, amend or revoke rules and regulations for the purpose of giving effect to the provisions of said sections, and any other ordinances and votes of the city pertaining to personnel administration which said department may be responsible for administering and/or enforcing.

Except as otherwise provided by law, the personnel department shall have access to all facts, figures, records and other information relating to the personnel of city departments.

The same shall be furnished by any such departments whenever so requested to the personnel department, in such form as the department may require.

It shall be the responsibility of the personnel department to:

1.

Study, develop, establish and coordinate uniform personnel practices and procedures for city departments.

Provide advice and assistance to individual employees on all personnel matters.

2.

Develop and administer a recruitment and placement program designed to fill vacant positions in the city with the best qualified persons (section 6).

3.

Approve the issuance of any pay, salary or remuneration after insuring that the appointment or promotion of any city employee as in accordance with the personnel standards hereby established and any regulations adopted in conformance with the provisions of this section. Disapprove any pay, salary, or remunerations if the action was not in accordance with this or personnel standards.

4.

Provide advice and assistance to the mayor, department heads, supervisors and elected and appointed officials on all personnel matters, including position classifications, pay administration, recruitment and placement, employee relations, performance evaluation, disciplinary action, employee grievances, employee training.

5.

Develop a position classification system, which shall include the assignment and utilization of personnel in all departments. Make recommendations to such departments for changes which may be necessary to effect the proper classification and assignment of personnel in such duties which will permit the city to receive maximum benefits from the skills and capabilities of such personnel (section 8).

6.

Administer the position classification program providing for the classification of all positions, other than those filled by popular elections into groups and classes doing substantially similar work or having substantially equal responsibilities so as to insure the payment of equal compensation for equal work as set forth in section 9.

7.

Provide advice and assistance to supervisory personnel of all levels in planning, developing and conducting training programs.

8.

Standardize forms and records to be used in the city's personnel administration program other than those forms and records whose format is regulated by statute or by State agency or agencies authorized oversight by law over specific elements of personnel management.

9.

Provide guidance to appointing authorities on civil service law, furnish information regarding civil service examinations, render assistance to all departments in civil service matters, perform liaison duties between city departments and the division of personnel administration of the commonwealth.

10.

Assist and participate in the negotiation, implementation, and administration of the city's collective bargaining agreements. Provide advice and interpretation to department heads on negotiated agreements.

11.

Recommend to the mayor and city council the enactment of such ordinances as are considered necessary to implement and administer the city's personnel administration program.

12.

Maintain individual personnel records of all city employees. Said record shall contain all the vital statistics and other pertinent data for each and every person employed by the city. It shall be the duty of each city officer and employee to furnish to the personnel director such records and reports as the personnel director may require.

13.

Study, develop, establish and coordinate a safety program for the city as required by state and federal laws.

14.

In conjunction with the city's equal employment affirmative action office coordinate an affirmative action and equal employment program for the city.

5.1 Time and Attendance Reports. The personnel director shall devise, implement and amend as necessary a uniform system of time and attendance reports, subject to city council approval, for all employees subject to (section 2). The reports shall include the hours worked and hours absent from duty, for each employee, on no less than once a week basis. Daily attendance for the employee shall be accounted for, with all absences specified as to category of leave usage. Time and attendance reports shall be reviewed and signed by the appropriate department manager and retained in a place and for a length of time specified by the personnel director. The system of time and attendance reports shall be implemented within six months of the effective date of the ordinance codified herein.

6.1 Recruitment. Selection and Appointment of Employees. To assure a high quality of service to the public, selection shall be from among the most competent individuals available. Recruitment efforts and publicity shall be directed to all appropriate sources of applicants in a geographical area as wide as necessary to attract an adequate number of candidates and to assure open opportunity for the public to apply and be considered for employment on the basis of abilities and potential. Selection and appointment to all positions shall be based solely upon job-related requirements and the applicant's demonstration that he or she possesses the skills, knowledge, abilities and other characteristics necessary for successful job performance. Permanent employees who are laid off shall be given first consideration for subsequent vacancies in the class from which laid off for a period of one year.

The personnel director shall insure that civil service law and the procedures established by the division of personnel administration of the Commonwealth are followed in recruiting, selecting and appointing individuals to designated civil service positions in city service. All other positions subject to this (section 2) shall be filled in accordance with this section.

6.2 Recruitment Procedures.

A.

Defining the Job. When a vacancy occurs, the appointing authority where the job exists shall review the functions, duties, responsibilities, and minimum qualifications of the position to ascertain whether the job description is still accurate or the job is to be redefined. Any subsequent changes in the description or special qualification requirements for that position shall be reported to the personnel director in accordance with the procedures provided in section 8. The personnel director shall determine the minimum qualification requirements necessary for successful performance of the job. These qualification requirements shall be those described in the job description for the appropriate class being filled.

B.

Advertising the Vacancy. The personnel director shall be responsible for advising the public of the vacancy:

1.

The personnel director shall publicize the vacancy in such manner as to assure that all interested and qualified individuals, including current employees, are informed of the position Title, duties, responsibilities, and salary range; minimum and special qualifications for the job; the time, place and manner of making application; and any other information which may be useful to applicants.

2.

The methods of advertising vacancies will vary depending upon the nature and requirements of the position being filled. The following methods are typical of those which may be used for recruitment, posting notices on public bulletin boards, advertising in professional journals and newspapers with local and state-wide circulation. and listing the job with the state employment service. Additionally, recruitment efforts shall be directed to all segments of the community, including veterans and disadvantaged and minority individuals.

3.

To allow sufficient time for candidates to apply for the position, recruitment efforts shall be conducted for at least ten days.

6.3 Application for Employment. All candidates applying for employment must secure and file an official application form at the personnel office, prior to the close of business on the date specified in the vacancy announcement or advertisement. Each applicant shall sign the form certifying the truth of all statements by his/her signature. Deliberate false or misleading statements and deception in attempting to secure employment shall be grounds for rejecting an applicant.

6.4 Selection Procedures.

A.

Determining Examination Devices. The personnel director shall determine which examining device or combination of devices will be used to evaluate the relative fitness of each candidate for the position.

1.

The devices selected shall relate to the duties and responsibilities of the position for which candidates are being examined, and shall fairly appraise and determine the merit, fitness, ability and qualifications of competitors to perform the duties of the position.

2.

A variety of devices may be employed, including but not limited to, assessment of training, education and work experience; written oral and performance tests; physical exams and reference checks. Each device utilized shall be administered and scored on a standardized basis to insure equity.

3.

An examining plan shall be prepared describing the specific skills, knowledge or abilities to be measured by each examining procedure selected; the weighting of each part of the examination process; and the method to be used in evaluating such candidate against the others. This plan shall be retained for use in documenting the job-relatedness of the examining device.

B.

The Examination Process. The examination process shall result in a ranking of candidates in order of their relative ability to perform the job.

1.

The personnel office shall review the applications of all candidates who have applied for the position to determine whether each candidate meets the minimum requirements established for the position. A candidate who does not meet these requirements shall be notified in writing of the reasons and may request a review of this decision within five working days of the notice date.

2.

Qualified candidates shall be examined in accordance with the examining plan established for the position.

3.

Scores or ratings obtained on the various selection devices used shall be combined based on the weights assigned to them in the examining plan to derive a final rating of each candidate.

C.

Certificate Process. Based on the final rankings, the personnel director shall certify the names of the top 5 candidates. All other candidates with the same score as the fifth candidate will also be certified.

D.

Interview and Selection. The appointing authority or designee shall interview all applicants certified who indicate an interest in the position. The appointing authority shall document the reasons for selection and nonselection.

E.

Notification to Applicants. All candidates shall be informed in a timely manner of their selection or nonselection for the position, their final earned ranking for the position and their right of appeal if discrimination is alleged.

F.

Documenting the Selection Process. A record of the recruiting, examining and appointing procedures used shall be retained after the vacancy is filled. This record shall include: the job description; vacancy announcement; examining plan; a listing of the sources and methods of recruitment; the applications of all those who applied or their names and addresses; each candidate's score on each aspect of the examining plan; the final earned rating; and the selecting official's reasons for selection and nonselection of candidates.

6.5 Appointment.

A.

Method of Appointment. Vacancies shall be filled by original appointment, emergency appointment, temporary appointment, promotion. demotion or transfer. (See section 12 for definition).

B.

Part-Time Position. Employees appointed in part-time positions may receive either permanent or temporary appointments. The salary shall be set on a pro rata basis within the pay range of the classification level of the position. Benefits such as sick and vacation leave shall be earned on a pro rata basis.

7.1 Medical Examinations of Job Applicants. All appointees prior to final approval for permanent and temporary jobs, shall undergo a medical examination to determine physical fitness to perform the duties of the particular position according to regulations established by the personnel department.

8.1 Classification Plan. The personnel director shall be responsible for the preparation, maintenance and revision of a position classification plan for all positions in the city service covered by the ordinance codified herein. (section 2) based upon similarity of duties performed and responsibilities assumed so that the same qualifications may reasonably be required for, and the same schedule of pay may be equitably applied to, all positions in the same class.

A.

Preparation and Adoption of Plan. After consultation with appointing authorities, the personnel director shall prepare and recommend to the mayor a position classification plan which shall set forth, for each class of positions, the official class title, a statement of duties, authority and responsibilities included in the class, the qualifications that are necessary or desirable for the satisfactory performance of duties of the class and the normal or usual line of promotion. The mayor shall recommend the plan, with any modifications, to the city council for adoption.

B.

Allocation of Positions. As soon as practicable after the adoption of classification plan, and after consultation with appointing authorities, the personnel director shall allocate each position in the city service covered by the ordinance codified herein to the appropriate class on the basis of its relative duties, authority and responsibilities.

C.

Administration of the Plan. Revisions to class specifications reallocations within the approved classifications plan and amendments to the plan will be made in the following manner:

1.

New Positions. The personnel director shall study the duties and responsibilities of each new position as it is created and on the basis of this study allocate the position to an appropriate class.

2.

Reporting Changes. Each appointing authority shall report to the personnel director any changes in the organization of the department or in the assignment of duties and responsibilities to a particular employee which might result in changes in the classification plan or in any of the positions in that department.

3.

Reclassifications. Positions, the duties of which have changed materially so as to necessitate reclassification shall be allocated by the personnel director to a more appropriate class, whether new or already created. Reclassifications shall not be used for the purpose of avoiding requirements concerning promotions or demotions.

4.

Amendments. The classification plan may be amended as conditions require and in the same manner provided for in the initial adoption of said plan.

5.

Periodic Review. The personnel director shall, in every year ending in a zero, review the classification plan and submit a report with recommendations to the mayor and the city council concerning any proposed amendments or revisions to the classification plan which he believes are necessary or desirable.

D.

Effect of Abolition of Position. A position may be abolished or the number of personnel reduced for reasons of economy or of reorganization. Every effort shall be made by the city to reassign the affected employee to another open position for which the employee may be qualified. If no such position is available immediately, the name of the affected employee shall be kept on a special reemployment list and said employee shall be given first preference in any position for which he or she is qualified.

9.1 Compensation plan.

A.

Establishment. The official compensation plan of the city shall consist of a schedule of pay grades, including minimum, maximum, and intermediate step rates for each grade. Each class of positions shall be assigned to a specific pay grade by the personnel director subject to any collective bargaining agreements negotiated pursuant to chapter 150E of the General Laws. Any amendments to the official compensation plan shall be accomplished in the same manner.

B.

Increases in Pay. Except where provided otherwise in collective bargaining agreements, adjustments in the compensation plan or procedures for granting of merit increases will be submitted for approval to the city council by the mayor based upon the recommendations of the personnel director.

C.

Periodic Review. The personnel director shall, in every year ending in a zero, review the compensation plan and submit a report with recommendations to the mayor and the city council concerning any proposed amendments or revisions to the compensation plan which he believes are necessary or advisable.

10.1 Committee on Collective Bargaining. There is hereby established a committee on collective bargaining consisting of the personnel director, the head of the department whose employees are negotiating a union contract and a third individual appointed by the mayor.

In case a union represents the employees of two or more departments, the mayor shall designate an appropriate department head to be a member of the collective bargaining committee when negotiating with such union. It shall be the duty of the committee to handle the collective bargaining for the city and to rule on interpretation of existing contracts in all negotiations except those dealing with the school department.

The committee may, subject to appropriation, hire any additional professional and/or technical aid it may deem necessary in performing its duties.

11.1 Committee on educational assistance. There is hereby established in the personnel department a committee on educational assistance consisting of the personnel director, or a designated member of the personnel department and a member appointed by the mayor for a term of three years or until his successor shall have been appointed. Such member shall be a person affiliated with an educational institution in the area and shall serve without remuneration.

It shall be the function of the committee on educational assistance to review the recommendations of any department head for educational assistance for an employee of his or her department. The committee shall consider requests for payment by the city for registration, tuition, books, materials and laboratory fees required by a school, seminar or short course and to certify in writing to the proper authorities approval or disapproval of such requests.

12.1 Definitions.

Allocation: The assignment of an individual position to an appropriate class on the basis of kind of work, duties and the responsibilities of the position.

Appointing authority: Any person, board, committee or commission with the authority to appoint or employ persons in approved positions in city service.

Appointment: The placement of a person in a position.

Certification: The act of supplying an appointing authority with the names of applicants deemed eligible for appointment to a vacant position.

Class: A position or group of positions which are sufficiently similar with respect to duties, responsibilities, and authority that they may properly be designated by the same title, and equitably compensated from the same pay range under substantially the same employment conditions.

Class specifications: The written description of a class, including the title, a statement of the nature of the work, examples of duties and responsibilities, and the minimum qualification requirements that are necessary for the satisfactory performance of the duties of the class.

Class title: The title assigned to any particular class and used for reference to that class.

Compensation: The salary or wages earned by any employee by reason of service in the position, but does not include allowances for expenses authorized and incurred as incidents to employment.

Compensation plan: See pay plan.

Demotion: The movement of an employee from a position in one class to a position in another class with a lower maximum pay rate.

Department: Department shall be taken to mean any department, board, committee, commission or other agency of city government in which persons are employed.

Discharge or dismissal: The permanent, involuntary termination of a person from city service.

Disciplinary action: An oral warning, written reprimand, suspension, demotion, or dismissal taken for cause by the appropriate authority.

Effective date: The first work day of a pay period following the eligibility date for a change in pay to be implemented.

Eligible: A person who has met the minimum requirements established for a position and whose name has been placed on an eligible list.

Eligible list: A list of persons who have met the requirements for a given class of positions in the city service and who are eligible for appointment.

Emergency appointment: A noncompetitive appointment made temporarily during an emergency for a period of up to 30 workdays to prevent stoppage of public business or hazard or serious inconvenience to the public when appointment from an eligible list is not possible.

Employee: A person occupying an appointive position, or an appointive person who is on authorized leave of absence who are not exempt officials.

Employment date: The date on which an employee commences performance of duties and is placed on the payroll.

Examination: All of the tests of fitness taken together that are applied to determine the fitness of applicants for positions of any class.

Grievance: A misunderstanding or disagreement between an employee and a supervisor that relates to working conditions and relationships, or to policies, rules, and regulations.

Incumbent: The current occupant of a position.

Layoff: The separation of an employee because of lack of work or funds or other reasons not related to fault, delinquency, or misconduct on the part of the employee.

Leave: An authorized absence from regularly scheduled work hours which has been approved by a proper authority.

Original appointment: The competitive appointment of a person from outside city employment to a continuing position in city government.

Overtime: Time an employee is directed and authorized to work in excess of the normal work week.

Pay plan: A schedule of compensation or all classes in the classification plan, including any successive pay rate steps established for each class. All positions allocated to one class will be paid according to the salary range established for that class.

Permanent employee: An employee who has satisfactorily completed an individual probationary period, and who is in an approved position in city service.

Personnel action: Any and all activities affecting any aspect of an employee's status which includes appointments and changes in appointments, original hiring, reemployment, transfer, promotion, demotion, changes in hours, reallocation, resignation, suspension, discharge, placement on leave, step increases, etc.

Position: A group of current duties and responsibilities assigned or delegated by appropriate authority to one person.

Provisional appointment: A noncompetitive appointment authorized by the appropriate official for a period not to exceed 12 months when, due to unforeseen circumstances, no appropriate eligible list is available. The person appointed provisionally must meet the minimum qualifications set forth in the class specifications.

Reallocation or reclassification: The assignment of a position to a class different from the one to which it was previously assigned.

Temporary appointment: The appointment of an employee from an eligible list for a period not to exceed 12 months.

Temporary employee: An employee appointed from an eligible list for a period not to exceed 12 months.

Temporary position: Specific position which is time-limited, not to exceed 6 months, and which is filled by the competitive appointment of a person outside the jurisdiction or the temporary transfer of an employee.

Transfer: The movement of an employee from one position to another position of the same class or of another class having the same maximum pay rate involving the performance of similar duties and requiring essentially the same basic qualifications.

(Ord. dated 1/1/03 §§ 20—22; Ord. dated 11/27/01 §§ 20, 21)