Last updated April 2004
TOWN OF ARLINGTON
The contents of this handbook have been prepared to provide both new and present Town employees with current and useful information regarding their employment. It is hoped that this publication will be a useful reference regarding the rights, privileges, and responsibilities of a career in Town service.
As employees of the Town of Arlington, we are constantly being challenged to provide the citizens with the highest quality of services possible. Each one of us has an important role in the efficient operation of Town government. Whether an employee of four days or forty years, we must renew our pledge every working day to serve as well as we can.
If you have any questions please feel free to contact me, or any of the staff in the Personnel Department. We are here to assist you with any matter relating to your employment.
With best wishes,
Caryn Cove Malloy
Director of Personnel
TOWN GOVERNMENT
The Town of Arlington, your employer and home to more than 42,000 people, still retains a government structure characteristic of small New England communities. While the Town is eligible to become a city under Massachusetts law, the residents continue to support the town form of government, with its representative Town Meeting.
The basic law, which provides governmental organization, is the Town Manager Act, approved by the Massachusetts Legislature in 1952 and ratified by the voters of Arlington. The Town Manager is responsible for the day-to-day administrative functions of town services and departments (except schools) and for the maintenance of all town property, including school buildings.
The executive branch of Arlington’s government includes a five-member Board of Selectmen, who are elected for three-year overlapping terms. The Board sets Town policies and appoints the Town Manager to carry out those policies, as well as matters enacted by Town Meeting.
The legislative branch is the Town Meeting, which is responsible for passing bylaws and appropriating the money for municipal expenses. It is conducted by a moderator, elected by the voters. There are 252 elected town meeting members representing 21 precincts. The Finance Committee and all ad hoc committees report to Town Meeting.
The other elected officials and boards of the Town are the School Committee, Town Clerk, Town Treasurer/Collector, Board of Assessors, and Housing Authority. Though the Housing Authority is also part of Town government, it is not subject to Town control, so the particulars of this handbook do not apply to said authority.
DEFINITIONS
As an employee of the Town of Arlington, you should be familiar with the following terms that are mentioned in this Handbook and the effect they have on your employment.
Town ByLaws: These are policies adopted by Town Meeting, including a section on personnel, which establishes basic employee rights and responsibilities.
Personnel Director/Affirmative Action Officer: The Town has a full-time personnel director/affirmative action officer and staff who are available to assist Town officials and employees on day-to-day personnel matters. The office is located on the third floor of the Town Hall Annex.
Civil Service: The Town government operates under a statewide Civil Service system. The majority of positions in the Town are governed by the Civil Service system. The state administrative agency that oversees the Civil Service System is the Human Resources Division. The Civil Service Commission acts as an appeals and rule-making body.
Department Head and Supervisor: These are officials in the executive branch of Town government who have the responsibility of overseeing the provision of government services and the employees who perform those services.
Appointing Authority: The person or officials authorized by law to make appointments and dismissals. The following are the appointing authorities for municipal employees of the Town:
a) Board of Selectmen – the Town Manager, all employees in the Selectmen’s Office and in the Office of Comptroller and Data Processing.
b) Town Manager – all employees in departments under this authority, including the Office of the Town Manager, Planning and Community Development, Police, Fire, Libraries, Human Services, Public Works, Personnel and Legal
c) Board of Assessors – all employees in the Assessors’ Department;
d) Treasurer/Collector – all employees in the Treasurer/Collector’s department
e) Town Clerk – all employees in the Town Clerk’s department and the Assistant Registrar of Voters.
SEXUAL HARASSMENT POLICY
1. It is illegal and against Town policy for any worker, male or female, to harass another worker. Examples of such harassment include making sexual advances or favors or other verbal or physical conduct of a sexual nature a condition of any worker’s employment; using a worker’s submission to or rejection of such conduct as the basis for, or as a factor in, any employment decision affecting the individual; or otherwise creating an intimidating, hostile, or offensive working environment by such conduct.
2. The creation of an intimidating, hostile, or offensive working environment may include but is not limited to such actions as persistent comments on a worker’s sexual preferences, the display of obscene or sexually oriented photographs or drawings, or the telling of sexual jokes. Conduct or actions that arise out of a personal or social relationship and that are not intended to have a discriminatory employment effect may not be viewed as harassment. The Town will determine whether such conduct constitutes sexual harassment, based on a review of the facts and circumstances of each situation.
3. The Town will not condone any sexual harassment of its employees. All workers, including supervisors and managers, will be subject to severe discipline, up to and including discharge, for any act of sexual harassment they commit.
4. The Town will not condone sexual harassment of its employees by non-employees, and instances of such harassment should be reported as indicated below for harassment by employees.
5. Employees who feel victimized by sexual harassment should report the harassment to their supervisor immediately. If the worker’s immediate supervisor is the source of the alleged harassment, the employee should report the problem to the supervisor’s superior.
6. Appointing Authorities, Department Heads and Supervisors who receive a sexual harassment complaint should carefully investigate the matter, questioning all employees who may have knowledge of either the incident in question or similar problems. The complaint, the investigative steps and findings, and disciplinary actions (if any) should be documented as thoroughly as possible.
7. Any employee who makes a complaint, or who cooperates in any way in the investigation of same, will not be subjected to any retaliation or discipline of any kind.
8. Employees who are dissatisfied with the investigating superior’s resolution of a sexual harassment complaint may file a complaint with the Affirmative Action Officer, who will investigate in the manner indicated in #6 above. The Affirmative Action Officer will recommend, to the appropriate appointing authority, actions (if any) to be taken as a result of investigative findings. The Affirmative Action Officer is located at Town Hall, 730 Massachusetts Avenue, Arlington, MA 02476 (781) 316-3121.
9. Employees who feel victimized by sexual harassment may also wish to take advantage of any assistance offered by their employee organizations (if any). The Massachusetts Commission Against Discrimination and Equal Employment Opportunity Commission are also available to provide assistance. Their addresses are below:
Massachusetts Commission Against Discrimination
One Ashburton Place
Boston, MA 02108 617-727-3990
Equal Employment Opportunity Commission
One Congress Street 10th Floor, oom #1001
Boston, MA 02114 617-565-3200
INFORMATION TECHNOLOGY RESOURCES ACCEPTABLE USE POLICY
ADOPTED July 28, 2003
I. Introduction.
The Town provides information technology resources (“ITR”) including, but not limited to computers, laptops, printers and other peripherals, programs, data, fax machines, local and wide area networks, email, the internet, palm pilots, and mobile phones, to employees and other authorized users working in the Town (herein collectively referred to as “employees”) to more efficiently provide Town services. All employees using the Town’s ITR have an obligation to use the Town’s ITR in a responsible manner, conforming to network etiquette, customs, and courtesies and in compliance with this policy. The Town determines which, if any, ITR are appropriate for each position and provides ITR to employees where appropriate at the Town’s discretion. Use of the Town’s ITR is a privilege which may be revoked
at any time for conduct which violates this policy.
II. Amendment of Prior Policy.
This policy replaces the Town’s INTERNET/EMAIL USAGE POLICY which was adopted by the Board of Selectmen on November 17, 1997. Use of the Town’s ITR by an employee shall constitute acceptance of the terms of this policy by such employee. In addition to this policy, which may be amended from time to time at the discretion of the Board of Selectman, individual Department Heads may adopt additional guidelines consistent with this policy governing the use of the Town’s ITR by employees under their supervision.
III. Compliance with Policy.
A. Employee Responsibilities. Every employee who is authorized to use Town ITR will be provided with a copy of this policy. It is the responsibility of an employee using the Town’s ITR to read, understand, and adhere to this policy. Any employee with questions regarding the application or meaning of this policy should seek clarification from his/her supervisor or from the Town’s Director of Information Technology at (781) 316-3337. Failure to comply with this policy may result in suspension or termination of the employee’s ITR privileges and/or disciplinary action up to and including termination of employment.
B. Prohibited Conduct. The use of the Town’s ITR for inappropriate or prohibited conduct may result in disciplinary action up to and including termination from employment. It is not possible to list all of the circumstances which may constitute inappropriate use of the Town’s ITR; however, employees are prohibited from using the Town’s ITR:
(1) in furtherance of any illegal act, including violations of any state or federal criminal or civil laws or regulations;
(2) to access, display, or share sexually explicit, obscene, or otherwise inappropriate materials, messages, or images;
(3) to send or display threatening or harassing messages, materials, or images, including, but not limited to, messages, materials or images of a sexual nature, racial, ethnic, sexual, religious, or gender-based slurs, or messages or images that offensively address someone’s age, sex, sexual orientation, religion, race, ethnicity, national origin, disability or political beliefs.
(4) to access, display, or disseminate material that advocates violence or discrimination towards other people (hate literature);
(5) for any commercial purpose, including, but not limited to, the offering, providing, leasing, or purchasing of products or services;
(6) to gain, or attempt to gain, unauthorized access to any computer or network;
(7) to intercept or attempt to intercept communications intended for other persons;
(8) to misrepresent either the Town or the employee’s role at the Town;
(9) for any political purpose (subject to the exceptions set forth in Section VII below) or to make solicitations in violation of Massachusetts General Laws, Chapter 55;
(10) to libel or otherwise defame any person;
(11) to download and/or install non-Town supported and licensed software applications or programs;
(12) to violate any copyright laws or to infringe on any intellectual property rights;
(13) to distribute chain letters;
(14) to access online gambling sites;
(15) to connect unauthorized or unapproved computers, printers or peripherals to the Town’s network;
(16) to develop or use programs that harass other users or infiltrate a computer, computing system or network and/or damage or alter the software components of a computer, computing system or network;
(17) to establish unauthorized connections which create routing patterns that are inconsistent with the effective and shared use of the Town’s network;
(18) for any use that causes interference with or disruption of the Town’s ITR;
(19) for any use that causes interference with or disruption of the Town’s network users or resources; or
(20) for any use which violates other Town policies, including, but not limited to, the Town’s policy against sexual harassment.
(21) To modify or access any town records unless same are within the employees scope of responsibility.
The above list of prohibited conduct is not all inclusive; employees who are uncertain as to the appropriateness of any action or conduct being contemplated should consult their supervisors or the Town’s Information Technology Director for guidance.
C. Town Business Use. The Town’s ITR, including, but not limited to, the Town’s Email and other online services, are the property of the Town of Arlington, and should be used only for business purposes associated with the Town. The Town’s ITR may, however, be used for incidental and occasional personal purposes provided that, in addition to the foregoing prohibited conduct, constraints and conditions, such use does not: (i) directly or indirectly interfere with the Town’s operation of computing facilities or electronic mail services; (ii) burden the Town with noticeable incremental cost; or (iii) interfere with the employee’s work, performance, duties, responsibilities or with any other of the employee’s obligations to the
Town. Personal use will be acceptable only as described herein and only on the employee’s own time, which includes break time, lunch time, and before or after normal working hours and only as is acceptable with the employee’s supervisor.~ Excessive or non-incidental personal use of ITR or any other misuse of ITR may result in serious disciplinary action up to and including termination of employment. Use of the Town’s ITR is a privilege, not a right, and may be revoked at any time for inappropriate conduct.
IV. Public Records.
Email messages are considered public records, are subject to disclosure and record retention requirements of law, and are discoverable. Employees should not expect that email messages (such as those marked “personal” and/or “confidential”) are private or confidential. Employees shall not read email received by another employee when there is no business purpose for doing so. Employees shall not send email or access the Internet under another employee’s name without authorization. No employee shall change any portion of a previously sent email message without authorization. All employees with a Town assigned Email account (Email address) must conduct any Town related Email business via that account; unless unavailable due to the employee being offsite.
V. Monitoring and No Expectation of Privacy.
Employees should have no expectation of privacy in any use of the Town’s Information Technology Resources (ITR).
The Town’s computer system automatically stores and/or records information transmitted on the system including password-protected materials, data, information, email communications and web sites viewed. The Town may monitor employee use of ITR, including, but not limited to, computer equipment, email, the internet, web sites visited, and files downloaded by the employee. Therefore, employees should not consider ITR and any communications, transmissions, web sites viewed, and email sent or received, to be private or confidential. The mere deletion of messages, data, or files may not eliminate them from the system. All use of the Town’s ITR is subject to monitoring by the Town, at anytime without notice and notwithstanding any password(s), including, but not limited to data, incoming and outgoing email communications and
attachments, web sites visited or viewed and files downloaded. Use of the Town’s ITR system constitutes consent to monitoring and is conditioned upon strict adherence to this policy.
VI. Precautions Against Computer Viruses.
All users are expected to undertake precautions to prevent infection of Town computers by computer viruses. In particular, executable programs imported from other sites to Town computers must not be used unless the Data Processing Department has authorized them and they have been subjected to virus detection procedures approved by the Data Processing Department. The Data Processing Department may, from time to time, impose additional restrictions or regulations on the importing of remote files, and such restrictions or regulations shall be considered part of this policy.
VII. Political Activities and Conflicts of Interest.
An employee’s use of the Town’s ITR must not conflict with the State’s Conflict of Interest Laws (M.G.L. c. 268A) or Campaign Finance Laws (M.G.L. c. 55). Notwithstanding the provisions of Section III. B. (9) above, political activities may be permitted to the extent that such activities are a part of the official responsibilities of an employee, provided that such activities relate to political issues rather than specific political candidates or parties and provided further that such conduct does not violate any applicable laws. For further clarification please see bulletin OCPF-IB-92-0l issued in June of 1992 and revised in October of 1996 by the Office of Campaign and Political Finance: The Application of the Campaign Finance Laws to Public Employees and Political Solicitation, a copy of which is available at the
Arlington Town Counsel’s office at 50 Pleasant Street in Arlington, or contact Arlington’s Town Counsel, at (781) 316-3151.
VIII. Additional Responsibilities of
Department Heads, Managers, and Supervisors.
Managers and supervisors are responsible for ensuring that all employees under their supervision using any of the Town’s ITR have read this Policy and understand its applicability to their activities.
The Department Head is responsible for insuring that any employee who will be given any access to the Town’s ITR has read and signed a copy of this policy. The Data Processing Department will not give access to an employee unless it receives a copy of this policy signed by the employee and the Department Head. A signed copy will be placed in the employee’s personnel file.
The Town’s ITR are work tools. The appointing authority and or Department Head shall deem who appropriately can utilize such tools to better perform their job duties.
WHISTLE BLOWER POLICY
Employees of the Town of Arlington are hereby advised of their rights in accordance with Chapter 149, Section 185,and “The Massachusetts Whistler Blower Statute.
The Town of Arlington as employer shall not take retaliatory action against an employee because the employee does any of the following:
1. Discloses or threatens to disclose an activity, policy or practice which the employee reasonably believes is a violation of the law, or which the employee believes poses a risk to public health, safety or the environment;
2. Provides information or testifies before a public body conducting an investigation into any violation of the law or risk to public health, safety or environment;
3. Objects to or refuses to participate in activity which the employee reasonably believes is a violation of a law or which the employee reasonable believes poses a risk to public health, safety or the environment.
The employee must, by written notice, bring the activity, policy or practice in question to the attention of the persons designated by the Town to receive such notice unless (A) the employee is reasonably certain that the activity, policy, or practice is known to one or more supervisors and the situation is emergency in nature, or (B) the employee fears physical harm as a result. Employees aggrieved by a violation of this law may institute civil action in the Superior Court in accordance with M.G.L. Chapter 149, Section 185 (d).
In accordance with this law, the Town of Arlington has designated the following persons to receive written notification pursuant to this law:
Brian F. Sullivan, Town Manager
Town Hall, 730 Mass. Ave.
Arlington, MA 02476
Caryn Cove Malloy, Director of Personnel
Town Hall, 730 Mass. Ave.
Arlington, MA 02476
For further information, please contact the Director of Personnel at 316-3121.
AMERICANS WITH DISABILITY ACT
The Americans with Disabilities Act (ADA) grants civil rights protection to individuals with disabilities by guaranteeing equal opportunity for individuals with disabilities in the areas of: employment, public accommodations, transportation, state and local government services and telecommunications. In employment, the ADA states that employers may not discriminate against an individual with a disability in hiring or promotion, if the person is otherwise qualified for the job. Employees who have particular questions about the ADA may contact the Personnel Office at extension #3121or the ADA Coordinator at the Community Access Office, extension #3431.
DRUGS AND ALCOHOL IN THE WORKPLACE POLICY
The Town of Arlington firmly believes that the use of illegal drugs and misuse of legal drugs, including alcohol, is a source of danger in the workplace and a threat to the Town’s goal of maintaining a productive and safe work environment. In accordance with the Federal Drug Free Workplace Act, the illegal use, sale or possession of narcotics, drugs or controlled substances while on the job or on Town property is an offense warranting disciplinary action up to and including termination. Details about the Drug Free Workplace Act are available in the Personnel Office.
Police Officers, Firefighters, and any employee who hold a Commercial Drivers License as a requirement of the position must comply with an Alcohol and Drug Testing Policy. The specifics of this Policy vary depending upon union membership. If you are in any of these three groups you should read the Alcohol and Drug Testing Policy in your Union Contract.
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION
The Town of Arlington is an equal opportunity employer. This means that it pledges that all candidates for positions and all officials and employees in Town will be equally treated in all actions affecting them. It also means that the Town has a policy of non-discrimination which guarantees that all applicants for employment and all employees are not to be discriminated against because of their ethnic group, color, age, gender, religion, national origin, political affiliation, veterans status or disability.
In addition, the Town has an Affirmative Action Plan for recruiting minority and women applicants. Minorities are persons who are members of an ethnic group (African American, Native American, Asian) or cultural group (Hispanic), which has traditionally experienced discrimination. Women are included regardless of ethnic or cultural group.
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