Town of Arlington, MA - Title I- General Government

ARTICLE 1: TOWN MEETINGS

Section 1. Date of Annual Meeting and Adjournment

ART. 93, ATM, 5/23/88; ART. 12, ATM, 5/9/94

The Annual Town Meeting for the purposes of conducting the regular Town Election of Town officers including Town meeting members, and for the submission of questions to the voters of the Town, if required to be submitted thereat, shall be held annually on the first Saturday of April unless the Selectmen vote not later than February 1 to establish another date in order to better suit the public convenience for reasons it shall determine including, but not limited to, conflicts with the observance of religious holidays. Said election shall be considered part of the Annual Town Meeting held in that year. All articles in the warrant for any regular Town meeting to be acted upon and determined otherwise than by ballot shall be considered at a Town meeting to be held annually on the fourth Monday in April, at eight o'clock in the evening.

Section 2. Call of Meetings

ART. 21, ATM 4/29/96

The Selectmen shall, before calling a Town Meeting, post a notice of their intention to do so in each municipal and school building in the Town at least five days before opening the Warrant calling the meeting. Furthermore, the Selectmen shall make a written request to the Town's licensed cable television provider to place notice of the opening of the Warrant on a cable channel designated for community notices. Additionally, the Selectmen shall make a written request to one local newspaper to inform residents of the opening of the Warrant.

A copy of the warrant for a meeting shall be posted in each municipal and school building at least seven days before the day of the Annual Meeting, fourteen days before a Special Town Meeting, and a copy left at every dwelling house in the Town previous to the day of meeting. The Town Clerk shall cause notice of such meeting to be published in at least one local newspaper.

A copy of the warrant for any state election shall be sent to every dwelling house only to the extent required by the General Laws.

Section 3. Duties of Moderator

The duties of the Moderator, and the government of the Town Meeting, not specially provided for by law, or by the foregoing rules, shall be determined by rules of practice contained in Town Meeting Time, A Handbook of Parliamentary Law, by Johnson Trustman and Wadsworth, a Committee of the Massachusetts Moderator's Association, published by the Massachusetts Moderators Association, 2001, so far as they are adapted to the condition and powers of the Town.

Section 4. Duties of Clerk

A. Record of Attendance

A record of the attendance of Town Meeting Members at all representative Town Meetings shall be made under the direction of the Town Clerk, said record to be available to the public.

B. Stenographic Record

A complete stenographic record of the proceedings of the Town Meeting, including all discussion and debate, shall be made under the direction of the Town Clerk, said record shall be available to the public no later than sixty (60) days from the final adjournment of any Special or Annual Town Meeting. Any partial record of the proceedings of Town Meeting shall be available to the public when said record is received by the Town Clerk prior to the required time period designated under this Section.

Section 5. Duties of Town Meeting Members

Town Meeting Members shall strive to be regular and prompt in their attendance at all sessions of the Annual and Special Town Meetings held during the terms of office for which they have been elected. Town Meeting Members shall undertake to educate themselves regarding the form, conduct and administration of the government of the Town and the rules governing the conduct of the Town Meeting. They shall seek, by their attendance at scheduled precinct meetings, at hearings on the various articles held by the Finance Committee and the Board of Selectmen, and at such other meetings as may be scheduled to provide the information, to inform themselves to the greatest extent possible with respect to all issues to come before an Annual or Special Town Meeting.

Town Meeting Members shall conduct themselves in accordance with the rules established for the conduct of the Meeting, shall demonstrate fairness, courtesy and respect for the opinions and positions of their fellow Members, and shall otherwise perform their duties and responsibilities in such a manner as to reflect credit upon the legislative and appropriating body of the Town.

Section 6. Quorum

Twenty-five percent of the total number of Town Meeting positions shall constitute a quorum for doing business at Town Meeting. No non-procedural action or reconsideration requiring a two-thirds vote under the provisions of any general or special law shall be taken without the affirmative vote of at least eighty-five Town Meeting Members, provided that no standing vote shall be required to satisfy the requirements of this section if (1) the Moderator declares the vote to be unanimous and (2) the Town Clerk certifies on the record that at least eighty five Town Meeting Members are present and voting. (Note: This Quorum By-Law is allowed based on a Special Law, Chapter 428 of the Acts of 1984 and supersedes the Quorum requirements of Chapter 43A Section 5.)

Section 7. Regulation of Speakers

A. Right to Address Meeting

The following officers shall have the same power to address the Town Meeting as an elected Town Meeting Member, but they shall not have a vote in the Town Meeting: the Town Moderator, the Town Clerk, the Town Treasurer, the Town Manager, the Superintendent of Schools, the Chairmen of the Board of Selectmen, the Assessors of Taxes, the School Committee, the Redevelopment Board, the Finance Committee, the Personnel Board, and the chairmen of all other Boards, Commissions and Committees established under the bylaws or by a vote of the Town Meeting. In the absence of the chairman of any of the foregoing, the Vice-Chairman shall have the rights of the Chairman. ART. 12 ATM 4/27/92

B. Manner of Speaking

ART. 13 ATM 4/29/92; ART. 28 ATM 5/6/02

Every person desiring to speak shall arise, address the chair and on obtaining recognition, shall stand, while speaking, unless the Moderator otherwise directs. A Town Meeting Member who speaks upon any matter in which the speaker or his or her immediate family has a direct financial interest shall first disclose such interest to the meeting. The words Adirect financial interest shall include, but not be limited to, employment as attorney or consultant with respect to the matter.

No person shall speak, or otherwise hold the floor, for the first time on any subject for more than fifteen minutes, unless, prior to beginning his or her presentation, the person requests of the Town Meeting a specific extension of time, and the request is granted by a majority vote of the Town Meeting members present and voting.

No person shall speak, or otherwise hold the floor, for a second time on any subject for more than five minutes.

No person shall speak, or otherwise hold the floor, more than twice on any subject except to correct an error, without first obtaining permission of the meeting by obtaining a majority vote of the Town Meeting Members present and voting. After obtaining said permission, the person shall not speak, or otherwise hold the floor, for more than five minutes.

Section 8. Procedures Committee

A. Name. The name of this committee shall be the Town Meeting Procedures Committee.

B. Appointing Authority. The Moderator shall be the appointing authority for the committee, and shall also fill any vacancies.

C. Composition. The committee shall consist of five members who shall be: the Moderator, the Assistant Moderator, and three Town Meeting Members.

D. Duties. The committee shall consider, recommend, and report to the Town Meeting on matters related to Town Meeting procedures. The committee shall take a broad view of matters related to Town Meeting procedures. In addition to considering how such matters affect the Town Meeting, the committee shall also consider how these matters affect the desire of voters of the Town to become Town Meeting Members.

E. Transitional provision. When this section comes into effect, Town Meeting Members already on the committee shall remain on the committee. If the Moderator or Assistant Moderator is already on the committee, he shall now be on the committee by virtue of his office and his Town Meeting Member position on the committee shall be declared vacant.

Section 9. Appointment of Committees

This section shall apply to all committees (as hereinafter defined) established by the Town Meeting, or under the bylaws, except to the extent that the vote establishing the same shall specify otherwise, or if the General Laws or Special Acts require a different method. It shall not be applicable to committees established prior to the effective date hereof, except to the extent that the Town Meeting may vote to make any one or more provisions hereof applicable to the same.

1. Appointing Authority - the person or entity having the power to appoint persons to committees. Unless otherwise specified, the Moderator shall be the appointing authority.

2. Committee -- any committee, commission, board, task force or other such group however denominated.

3. Entity -- a board, corporation, voluntary association, committee, commission, or other group. Unless the bylaws or a vote of such entity specify otherwise, an entity shall act by its chairman, president, or other chief executive officer.

4. Members of a Committee -- registered voters of the Town, unless the vote otherwise specifies.

5. Nominating Authority -- the person or entity having the power to nominate or designate one or more members of a committee. If no nominating authority is specified, the appointing authority shall also be the nominating authority.

ART. 10, ATM 4/26/99

6. Town Official - Whenever a vote by the Town Meeting or a Bylaw shall provide for the appointment or nomination of an elected or appointed official of the Town, except a Town Meeting member, such designation shall be considered to mean and shall include the designee of such official, unless the vote or bylaw specific provides otherwise.

Promptly after the effective date of any vote establishing a committee, the Town Clerk shall notify the appointing and nominating authorities of the same. Within sixty (60) days of the date of such notice, the nominating authorities shall submit the names and addresses of their nominees to the appointing authority. If any one or more of them shall fail or neglect to do so, the appointing authority may appoint in place of such nominees, any registered voter of the Town.

The appointing authority shall within thirty (30) days of receiving the nominations or upon thirty (30) days of failing to receive the nominations within the time hereinabove provided, make the appointments in writing to the Town Clerk, who shall promptly notify the appointees.

The appointing authority shall designate one of the appointees as acting chairman, and the Town Clerk, in the course of notifying the appointees, shall instruct such acting chairman to call an initial meeting, at which the committee shall elect its officers by ballot.

If the appointing authority shall fail to exercise the duties set forth above, then the Moderator shall act as appointing authority, and, in the event of default by the Moderator, the Town Clerk shall so act.

1. Members shall serve terms of three years.

2. Re-appointments, or appointments to fill vacancies, shall be made in the same manner as original appointments.

3. If a member has been appointed by reason of his or her status as a registered voter, his or her term of office shall cease if he or she removes from the Town.

4. If a member has been appointed by reason of his or her status as a member of an entity, his or her term of office shall cease if he or she ceases to be a member of such entity.

5. If a member shall fail to attend three (3) or more consecutive meetings of the committee, the committee may, by vote, remove such member and request the nominating authority to nominate a replacement to the appointing authority.

The Town Meeting by the vote establishing any committee may alter any one or more of the foregoing provisions with respect to such committee, but any provision not so altered will be in full force and effect with respect to the same. Members shall serve without compensation, but, subject to appropriation, shall be entitled to be reimbursed for their reasonable expenses incurred in connection with their official duties.

Section 10. Procedural Rules

A. Motions in Writing:

All questions or motions submitted for the consideration of the Town Meeting shall be reduced to writing if required by the presiding officer.

B. Reading Articles:

The reading of warrant articles and proposed votes related thereto shall not be required except by a motion adopted by a majority vote of those members present and voting, provided that the information and precise wording of the same has been made available, in writing, to each Town Meeting Member who may be present when the same are being considered by the Town Meeting.

All votes, unless otherwise provided by law, shall be taken in thefirst instance by a "yes" and "no" voice vote. If the Moderator is in doubt as to the vote he may call for a show of hands or for a standing vote, or if five voters immediately question the vote, the Moderator shall call for a standing vote. On all questions submitted for the consideration of the Town Meeting, there shall be a roll call vote when requested by thirty or more Town Meeting Members present at the meeting. All roll call votes shall be recorded so as to indicate the individual vote of each Town Meeting Member who shall have voted. Said roll call votes shall be available as recorded at the Town Clerk's Office.

When a question is under debate, motions shall be received to adjourn, to lay on the table, the previous question, to postpone to a certain time, to commit, or to amend; which several motions shall have precedence in the order stated. The first three shall be decided without debate.

ART. 13 ATM 4/29/92, ART. 19 ATM 4/27/88

A motion to reconsider any vote must be made before the final adjournment of the meeting at which the vote was passed, but such motion to reconsider shall not be made at an adjourned meeting unless the mover has voted on the prevailing side, and has given notice of his intention to make such motion at the session of the meeting at which the vote was passed. There can be no reconsideration of a vote once reconsidered, or after a vote not to reconsider. No article in the warrant shall again be taken into consideration after it has been disposed of unless ordered by vote of two-thirds of the Town Meeting Members present and voting. A notice to reconsider any vote must be made orally to the meeting either from the floor or announcement by the moderator that such notice has been served.

F. Previous Question:

No motion to move the previous question may be made by a person who otherwise speaks on the question. A person desiring to move the previous question must limit himself to the words "I move the previous question" or words that have the same limited effect. A person recognized by the Moderator to speak a second time on a question may move the previous question if he does not otherwise speak on the question when recognized for the second time.

G. Committee Reports:

No action shall be taken by any Town Meeting on the Report of any committee, previously chosen, unless the same shall be specified in the warrant calling said meeting.

Section 11. Assistant Moderator

Each year at the Annual Town Meeting, the Town Meeting Members shall elect one of their number to serve as Assistant Moderator for a term of one year, or until his or her successor is elected and qualified.

Whenever the Moderator is unavailable, the Assistant Moderator shall preside at Town Meeting. In addition, the Assistant Moderator shall assist the Moderator in the performance of his or her other duties, as the Moderator may direct. [Return to top]

ARTICLE 2: SELECTMEN

The Selectmen shall have the general direction and management of the property and affairs of the Town in all matters not otherwise provided for, so far as permitted by law.

Section 2. Representative Powers

The Selectmen may appear, either personally or by Town Counsel or by Special Counsel duly employed by them before any Court, Committee of the Legislature, or any Federal, State, or County Board of Commissioners, or other tribunal to protect the interests of the Town, but they are not authorized hereby to commit the Town to any course of action. They shall have authority as agents to institute, prosecute and defend suits and claims against or involving the interests of the Town, and to settle same when, in their judgment upon advice of counsel, such settlement is for the best interest of the Town.

Section 3. Reports Due to Selectmen

All Boards and officers shall make an annual report covering each year and forward same to Selectmen not later than January 15 of the following year, or at an earlier date if required by the Board of Selectmen.

Section 4. Privilege at Town Meeting

Notwithstanding any other provision of the Bylaws, any member of the Board of Selectmen shall be entitled to seek the recognition of the Moderator as though he or she were a Town Meeting Member.

Section 5. Town Home Page

The Board of Selectmen is authorized and directed to publish on the Town's Internet home page, subject to space availability, various documents and other information it deems in the public's interest to provide, including but not limited to, Town Meeting warrants and minutes of meetings of the Board of Selectmen.

ARTICLE 3: TOWN CLERK

Section 1. Town Seal

The Town Clerk shall have the custody of the Town Seal.

Section 2. Conveyances

All conveyances under seal, which may hereafter be executed by the Town, pursuant to a vote of the Town, or otherwise, shall be sealed by such seal and subscribed by a majority of the Board of Selectmen.

Section 3. Annual Report

The Town Clerk shall make a full index of all reports and prepare a report upon the vital statistics of the Town for publication in the Annual Town Report.

Section 4. Notice to Committees

It shall be the duty of the Town Clerk to immediately notify in writing all members of committees who may be elected or appointed at any town meeting stating the business upon which they are to act and the names of the persons composing the committees.

Section 5. Report of Town Meeting Actions

It shall be the duty of the Town Clerk, immediately after every town meeting, to furnish the Town Accountant and the Board of Assessors with a statement of all appropriations made by the Town at such meeting, and the purpose for which such appropriations were made and the manner of raising the same. He shall also notify all boards, officers and committees of all votes passed at any town meeting in any way affecting them.

Section 6. Record Keeping

It shall be the duty of the Town Clerk to properly record, file, and index all contracts, agreements, releases, bonds, deeds and all other papers and documents in any way affecting the interests of the Town when filed with him, and all such papers and documents unless otherwise required by law, shall be so filed by all boards, officers and committees at such time as the work to which such papers or documents pertain, shall have been completed.

ARTICLE 4: TOWN TREASURER'S DEPARTMENT

The Town Treasurer shall administer the Town Treasurer's Department.

Section 2. Divisions

The Town Treasurer's Department shall consist of the Tax Collection Division and the Treasury Division.

A. Tax Collection Division

1. The Town Treasurer also acts as the Collector of Taxes.

2. The Collector of Taxes shall seasonably collect, under the title Town Collector, all accounts due the Town which are committed to him.

3. Every department of the Town shall deliver to the Comptroller at least once in every month a separate statement of each account due the Town arising through any transaction with such department. Upon receipt of such statements of accounts, the Comptroller shall commit such accounts to the Town Collector for collection. This section shall not apply to taxes and special assessment, licenses and permits issued or granted by the various departments of the Town, nor to interest on investments of sinking or trust funds.

4. Any account committed by the Comptroller which the Town Collector is unable to collect by ordinary efforts will be referred back to the department in which said account originated for further collection effort. So far as permitted by law, any account or portion thereof may be abated by the Comptroller upon recommendation by said department.

In the event the account cannot be collected within a reasonable period of time and is not abated, it shall be referred by the Town Collector to the Town Counsel for appropriate legal action and the Comptroller shall be notified of said referral.

5. The Tax Collection Division shall, once in each week or oftener, pay over to the Treasury Division all money received during the preceding week or lesser period on every such account, including any sums received as interest on monies received on such accounts and deposited in any bank.

B. Treasury Division

1. The Town Treasurer receives and takes charge of all monies belonging to the Town.

2. The Town Treasurer shall pay all monies of the Town which are legally due and owing, according to the order of the Town or its authorized officers.

3. The Town Treasurer shall, from time to time during the fiscal year, prepare and update a cash flow projection of anticipated receipts and expenditures and shall manage the Town's excess cSection 3. Financial Review

ash by prudently investing same to the maximum advantage of the Town as permitted by law.

4. The Town Treasurer, in addition to the estimate of the amount required for the maintenance of the Town Treasurer's Department, shall also determine the amounts of interest and maturing debt to be included in the annual budget for the ensuing year. The Town Treasurer, shall also be responsible for the preparation of the Pension Funding Budget, to be prepared in accordance with current actuarial estimate of the town's pension funding liability.

5. The Town Treasurer shall have custody of all paid matured notes, bonds and coupons issued by the Town and all canceled checks issued by him.

6. The Town Treasurer shall manage the Town's debt and recommend to the Selectmen a term of years for all authorized long-term debt and whether or not the Town should accept the interest rate offered for said debt prior to its issuance.

The Town Treasurer shall prepare a financial review and report to the Annual Town Meeting regarding the financial condition of the Town. The report shall be a public record and a copy shall be filed with the Board of Selectmen in accordance with Title I, Article 2, Section 3 of the Bylaws.

The Town Treasurer shall give bond to the Town for the faithful performance of the duties of the office in a form approved by the Commissioner of Revenue and in such a sum to be determined by the Selectmen, provided the amount of the bond shall not be less than the amount set by the Commissioner. The bond must cover all funds of which the Town Treasurer has custody. A separate bond must similarly be furnished covering the Town Treasurer's duties as Town Collector.

Section 5. Appointment of Assistant

The Town Treasurer may in writing appoint, with the approval of the Selectmen, an Assistant Town Treasurer - Collector of Taxes. The Assistant Town Treasurer - Collector of Taxes shall be sworn to the faithful performance of the duties of the office and a record shall be made of said appointment and oath. The Assistant Town Treasurer - Collector of Taxes shall be a citizen of the United States and a resident of the Commonwealth of Massachusetts, and shall give bond annually for the faithful performance of the duties of the office in a form approved, and in an amount determined by the Commissioner of Revenue. [Return to top]

ARTICLE 5: COMPTROLLER

Section 1. Duties

The Comptroller shall have in addition to the powers and duties conferred and imposed upon Town Accountants, by General Laws, the following powers and duties:

A. Methods of Accounting

He shall prescribe the methods of Accounting and forms to be used by the several departments of the town where in the collection or disbursement of money is concerned, so that such methods and forms shall conform to the requirements of the State Accounting System.

B. Standard Practices

He shall establish standard practices relating to all accounting matters and procedures and the coordination of systems throughout the town, including clerical and office methods, records, reports and procedures as they relate to accounting matters. He shall prepare and issue rules and regulations and instructions relating thereto that shall be binding upon all town agencies and employees.

C. Warrants for Payment

He shall draw all warrants upon the Town Treasurer for the payment of bills, drafts and orders chargeable to the several appropriations and other accounts.

D. Verification of Warrants

Prior to submitting any warrants to the Town Manager, he shall examine and approve as not being fraudulent, unlawful or excessive, all bills, drafts and orders covered thereby. In connection with any such examination, he may make inspection as to the quality, quantity and condition of any materials, supplies or equipment delivered or received by any town officer or agency. If, upon examination, it appears to the Comptroller that such bills, drafts or orders are fraudulent, unlawful or excessive, he shall file with the Board of Selectmen and the Town Treasurer a written report of the reasons for his findings.

E. Custody of Vouchers

He shall have custody of all vouchers which have been entered on warrants for payments and approved by the Town Manager and Comptroller. Said vouchers are to be available for inspection by the Town Treasurer at all times.

He shall submit a monthly Balance Sheet and an annual Balance Sheet with detailed statements of Cash Receipts and Cash Disbursements at the end of each fiscal year to the Board of Selectmen and the Department of Revenue for certification of the Town's Free Cash. Said financial statements shall conform to the requirements of the State System of Accounting and may be audited as directed by the Board of Selectmen.

H. Annual Audit and Regular Reports

He shall be responsible for coordination of the Annual Town Audit. He shall provide the Board of Selectmen, Town Manager, Town Treasurer and Chairman of the Finance Committee with a quarterly report of revenues and expenditures. Each month he shall provide said officials with a report comparing actual with estimated revenues. Whenever applicable, he shall make recommendations regarding the Town's financial condition that he deems appropriate.

Section 2. Written Purchase Orders

No head of a department, board or committee authorized to spend money shall make purchases of supplies or materials or contract to render services to the Town without issuing a written purchase order on prescribed forms for all such supplies or materials or services to be rendered; provided, however, that the provisions of this section shall not apply to the salaries or wages of part-time or regularly-employed officers, clerks and wage earners of any department of the Town.

All purchase orders shall be in triplicate; one to be designated for the Vendor; one to be designated for and delivered to the Comptroller; and one to be designated for the files of the department issuing the order. The order designated for the Vendor, before being transmitted to the Vendor shall be submitted to the Comptroller to be certified by him that there is sufficient unencumbered balance of the appropriation to be charged to liquidate the amount of the order, provided, however, that verbal orders for supplies or materials or services to be rendered may be issued for an amount not to exceed five hundred dollars. All verbal orders shall be confirmed in writing on the prescribed purchase order forms on the day the orders are given and transmitted immediately to the Comptroller for certification. [Return to top]

ARTICLE 6: CLASSIFICATION AND COMPENSATION PLANS and PERSONNEL BY-LAW

Section 1. The Classification Plan

The official classification plan shall consist of class titles appearing in Schedule A which is made a part hereof, together with class definitions which are on file with the Personnel Director of the Town.

Section 2. The Compensation Plan

The official compensation plan which appears in Schedule B shall consist of salary ranges which provide minimum and maximum rates together with intermediate step rates of single salary rates for each full-time position class in the Classification Plan. The Compensation Plan shall include compensation grades to which position classes are allocated in Schedule A.

Section 3. Amendment of the Plans

ART. 32 ATM 5/1/89, ART. 19 ATM 4/29/96

The classification and compensation plans have been established pursuant to the authority contained in Section 108C of Chapter 41 of the General Laws. Either plan may be amended in the manner provided in this statue and the by-laws of the Town. Rates appearing in the compensation plan may be established or changed by vote of the Town at a Town Meeting, or as provided by law, whichever is applicable. Requests to the Personnel Director of the Town for any amendment to this By-Law at any Annual Town Meeting shall be made in writing and shall be received by the Director on or before September 10th of the year preceding such Annual Town Meeting. The Director shall communicate his/her decision regarding the request to the party submitting the request no later than November 1st. An employee may appeal any reclassification determination of the Personnel Director to the Personnel Board which shall review said request and either uphold or overrule the Director's determination after consultation with the Personnel Director. The Classification Plan shall be amended accordingly to reflect the determination of the Personnel Board in the event it overrules the determination of the Personnel Director. In like manner, the initial determination of the Personnel Director, if favorable to the employee, shall cause an amendment to the Classification Plan to be made accordingly. Notwithstanding the foregoing, no amendment shall become effective until the Town Meeting appropriates funds to fund same. The Personnel Director shall submit an individual request within an article for an appropriation for each reclassification to the Town Meeting to fund each reclassification approved by him or her as well as those approved on appeal to the Personnel Board.

Town Meeting may not act favorably on Articles submitted on behalf of employees aggrieved by the determination of the Personnel Board. No employee may request reclassification of the same position in consecutive years.

Section 4. Personnel Board

ART. 32 A.T.M. 5/1/89

There shall be a Personnel Board consisting of three members who shall be appointed by the Town Manager subject to the approval of the Board of Selectmen. The initial appointments thereto shall be for a one, two and three year term respectively. Thereafter each term shall be for a period of three years. Members shall serve without compensation and shall serve until their successors are appointed.

Section 5. Class Definitions

The Personnel Director of the Town shall prepare and may amend, from time to time, written definitions of the classes in the classification plan, each consisting of a statement describing the essential nature of the work characteristic of positions in the class that distinguish such positions from positions of other classes, with such examples as may be deemed appropriate.

Section 6. Interpretation of Class Definitions

The definitions of the classes shall be interpreted as descriptive only and not restrictive. The definition for any class shall be construed solely as a means of identifying positions classified under the appropriate class, title, and not as prescribing what the duties or responsibilities of any position of the class shall be, or as modifying or in any way affecting the power of any administrative authority, as otherwise existing, to appoint, to assign duties to, or to direct and control the work of, any employee under the jurisdiction of such authority.

Section 7. Records and Requisitions

The Personnel Director shall keep such records of all employees of the Town, including the name, age, date of employment, classification of position occupied, department in which employed, nature of duties and other information as he/she deems desirable.

All requisitions for persons to fill positions or perform duties classified under the Civil Service Law, all requests for transfers, increases in salary, changes in rating, or other requests made to the Director of Civil Service or the Department of Civil Service, shall be processed through the Personnel Director.

Similarly, all such personnel actions relating to positions which are not subject to Civil Service Law, but which are subject to the classification and compensation plans, shall be processed by the Personnel Director.

Section 8. Allocation of Positions to Classes

The Personnel Director shall classify each position subject to the provisions of this by-law in accordance with the classification plan. Whenever a new position is established, or the duties of an existing position are so changed that in effect a new position of a different classification is substituted for the old position, the Personnel Director shall, in the same manner, classify such new or changed position.

In the event the Personnel Director determines that a new or changed position requires the establishment of a position class not included in the classification plan, he/she may authorize temporarily the necessary new classification subject to ratification at the next succeeding Special or Annual Town Meeting.

The Personnel Director shall have the authority to reclassify a position if he/she finds that such action is warranted by reason of error in the classification then in effect.

The Personnel Director shall afford reasonable opportunity to be heard to any employee or appointing authority affected by any classification or reclassification, upon written request therefor.

Section 9. Allocation of Positions in Departments of Various Appointing Authorities

A. Power of Clerk and Treasurer/Collector

The Town Clerk and the Treasurer/Collector, as independent authorities, may reorganize, consolidate, or otherwise establish new positions in their respective departments without prior Town Meeting approval subject to available funds and the requirements of collective bargaining contracts and laws relating to same. Said authorities may appoint persons to fill such new positions so created on a temporary basis.

B. Role of Personnel Director

Before taking any of the aforementioned contemplated actions, the Clerk or the Treasurer/Collector as the case may be, shall notify in writing the Personnel Director specifying the reasons therefore which notice shall not be dated earlier than Dec. 1 of any calendar year.

The Personnel Director will consult with and assist the appointing authority in the contemplated action except when the Personnel Director disagrees with the contemplated action in which event the Director will so advise the appointing authority as to the reasons therefore not later than 21 days after receipt of the appointing authority's notice of contemplated action unless said date is mutually extended.

If the Personnel Director agrees with the contemplated action, then the Director will so advise the appointing authority in writing and the contemplated action shall become effective immediately.

If the Personnel Director disagrees with the contemplated action then the Director will so advise the appointing authority in writing of the reasons therefore. In such event the Director shall take immediate steps to convene a meeting of the Personnel Board established under Section 4 of Title I, Article 6 of the bylaws. Said Board shall consider presentations of the Personnel Director and the appointing authority and will make a written recommendation regarding the contemplated action. The Personnel Board shall convene not later than 14 days after disapproval by the Personnel Director of the contemplated action and render its advisory opinion within seven days of its consideration thereof. In any event the contemplated action may be implemented by the appointing authority at any time after the expiration of thirty days from the date of the Personnel Director's written disapproval of same notwithstanding any contrary recommendation of the Personnel Board or its failure to timely meet to consider same.

C. Approval by Town Meeting

Any action on consolidation, reorganization, abolition of position, and the filling of positions associated therewith shall not become permanently effective until approved by the next occurring annual Town Meeting. Any new positions created shall not be placed into the Classification Plan unless so voted by the Town by amendment to the Classification Plan as established by Title I, Article 6 of the bylaws. Disapproval by the Town Meeting of the action of the appointing authority shall reestablish the status quo in said department prior to the action of the appointing authority having been taken.

Section 10. Titles of Positions

No person shall be appointed, employed or paid as an employee in any position subject to the provisions of this by-law under any title other than that set forth in the classification plan for the position which he occupies. The title of each class shall be the official title of every position classified thereunder for all purposes having to do with the position as such, and shall be used to designate the position on all payrolls, budget estimates and official records and reports, and in every other connection involving personnel and fiscal processes, but any abbreviation or code symbol approved by the Personnel Director may be used in lieu of the title to designate the class of a position in any such connection.

Section 11. Appropriation to Cover Changes in Pay Plan

A Town Meeting vote which authorizes any change in rates from those which appear in either Schedule A or Schedule B under Sections 1 and 2 of this article (Title I, Article 6) shall include the appropriation of funds required to finance the change.

Section 12. Vacation Leave

Vacation leave with pay shall be granted to all regularly employed personnel, subject to the classification and compensation plans. These employees are provided opportunity to accrue vacation leave in order that (s)he may have periods of rest and relaxation from his/her job for health and well being, consistent with work load and staffing requirements of their department. Employees are encouraged to request vacation leave in blocks of time sufficient to ensure rest and relaxation. An employee shall be considered regularly employed and eligible for vacation if (s)he has worked six months for the Town in a position included in the Classification and Compensation Plan.

1. Vacation leave credits are not accumulated and cannot be used during the first six (6) months of employment.

2. All regularly employed personnel shall be credited with five (5) days of vacation leave upon completion of his/her first six (6) months of service as long as these employees do not receive more vacation leave in their first year of employment than granted in number three below.

3. All regularly employed personnel with more than six (6) months but fewer than five (5) years of service shall receive twelve (12) days of vacation leave.

4. All regularly employed personnel with five (5) years but fewer than ten (10) years of service shall receive eighteen (18) days of vacation leave.

5. All regularly employed personnel with ten (10) years but fewer than twenty-five (25) years of service shall receive twenty-four (24) days vacation leave.

6. All regularly employed personnel with twenty-five (25) years or more of service shall receive thirty (30) days of vacation leave.

7. Vacation accrual rates for employees covered by a collective bargaining agreement are governed by their applicable contract.

Vacation leave will be granted to all eligible employees, according to their accrual rates, on January 1 of each year.

The scheduling of vacation periods with pay shall be arranged and approved prior to use by the Department Head for such time or times as best serve the public interest and department efficiency. In case of conflict in scheduling vacation time, preference will be given based on seniority or other provisions established by the Department Head.

E. Limits on Accumulation

Vacation leave may not be accumulated from one vacation year to another, except when in the opinion of the appointing authority, it is impossible or impractical to use because of work schedules or other emergencies to do otherwise. Requests for such carryover must be submitted to the appropriate appointing authority before the end of the calendar year in which the vacation leave was granted.

F. Coordination with Absences

Absences on account of sickness in excess of those authorized or for personal reasons not provided for under leave regulations may, at the discretion of the Department Head, be charged to vacation leave.

G. No Loss of Benefits

Whenever employment is terminated by dismissal through no fault or delinquency of an employee's part, or by resignation, retirement or death, without his/her having been granted a vacation to which (s)he is entitled, (s)he, or in the case of his/her death, his/her estate shall be paid vacation pay at the regular rate of compensation at which it was earned payable to him/her at termination of employment.

If a holiday falls within the vacation period, it shall not count as part of the vacation allowance.

I. Part-Time Employees

Regular part-time employees accrue and earn vacation leave on a pro-rated basis according to the differences between their regularly scheduled work week and the normal work week.

Vacation leave credits shall not be advanced for use prior to their being earned.

All of the above to be effective for non union and M Schedule employees and to become effective for all union employees upon ratification by the respective bargaining units.

Section 13. Sick Leave

Regularly employed personnel subject to the classification and pay plans must complete six months of service before qualifying for sick leave, at the end of which time seven and one-half days credit will be allowed.

Earned sick leave with pay will be limited to one and one-quarter days per month, not to exceed fifteen days per year, and will be credited on the first day of each month. Sick leave credit will begin on the first day of the month following employment except as otherwise provided in Sub-section A. Employees having an aggregate of more than two days of authorized leave without pay in any calendar month shall not receive sick leave credit for that month.