Mass. Gen. Laws ch. 31A, sec. 4 — MA Code / Part I / Title IV / Chapter 31A / Section 4
Provisions of personnel ordinance
Status: in_force

Section 4. Each municipality rescinding their acceptance of chapter thirty-one, shall adopt a personnel ordinance consistent with the provision of section three, which shall also provide for, the following: (a) A statement of accepted merit principles pursuant to section four; (b) The appointment of a personnel director, pursuant to section six; (c) The specifications of those officials and employees who shall be covered by the ordinance or by-law and those who shall be exempt from all or any part of its provisions. All positions covered by civil service at the time of the rescission exempting department heads shall also be covered by said ordinance or by-law. (d) Provisions establishing the structure and governing the operation of the personnel system, including but not limited to: (1) The recruitment of candidates for positions which assures open competition with emphasis on attracting candidates from groups that are underrepresented in the work force. (2) The selection of candidates for appointment to positions in a manner which emphasizes to the maximum extent possible, job related criteria. (3) The selection of candidates for temporary or provisional positions shall only be made on an emergency basis. (4) Establishing provisions which provide for promotions to higher level positions, including systematic methods, which provide for: (a) improved opportunities for upward mobility through training, education and career development assignments, and (b) open competition among qualified applicants. (5) Provide for probationary appointments of new employees and probationary promotions of current employees. (6) Establishing a classification plan for all positions, including the establishment of position classes, the description of duties and responsibilities of each position, and a statement of the minimum qualifications for each position. (7) Establishing training and development programs which increase proficiency for employees in their present positions and preparing them for higher level positions. (8) Provides for the training and development, including programs for all employees, that would increase proficiency in their current positions and prepare them for higher level positions. (9) Establishes a performance evaluation system to be implemented whenever the development and maintenance of such a system is deemed practical by the municipality; provided, however, that in the establishment of such a program, it shall be developed in conjunction with the representatives of labor. (10) Outlines disciplinary actions and appeals, including procedures regulating the suspension, demotion, and separation of employees, with the right to appeal any such action through an impartial process. (11) In the case of reduction-in-force, seniority as provided in section thirty-nine of chapter thirty-one, shall be the sole criteria in determining the order of layoffs. (12) Establishes standards of conduct, including prohibitions against political interference in the personnel system and an assurance of the right of employees to pursue legitimate involvement in the political system. (13) Establishes a centralized personnel record keeping system in the office of the personnel director.

Section 4. Each municipality rescinding their acceptance of chapter thirty-one, shall adopt a personnel ordinance consistent with the provision of section three, which shall also provide for, the following:

(a) A statement of accepted merit principles pursuant to section four;

(b) The appointment of a personnel director, pursuant to section six;

(c) The specifications of those officials and employees who shall be covered by the ordinance or by-law and those who shall be exempt from all or any part of its provisions. All positions covered by civil service at the time of the rescission exempting department heads shall also be covered by said ordinance or by-law.

(d) Provisions establishing the structure and governing the operation of the personnel system, including but not limited to:

(1) The recruitment of candidates for positions which assures open competition with emphasis on attracting candidates from groups that are underrepresented in the work force.

(2) The selection of candidates for appointment to positions in a manner which emphasizes to the maximum extent possible, job related criteria.

(3) The selection of candidates for temporary or provisional positions shall only be made on an emergency basis.

(4) Establishing provisions which provide for promotions to higher level positions, including systematic methods, which provide for:

(a) improved opportunities for upward mobility through training, education and career development assignments, and

(b) open competition among qualified applicants.

(5) Provide for probationary appointments of new employees and probationary promotions of current employees.

(6) Establishing a classification plan for all positions, including the establishment of position classes, the description of duties and responsibilities of each position, and a statement of the minimum qualifications for each position.

(7) Establishing training and development programs which increase proficiency for employees in their present positions and preparing them for higher level positions.

(8) Provides for the training and development, including programs for all employees, that would increase proficiency in their current positions and prepare them for higher level positions.

(9) Establishes a performance evaluation system to be implemented whenever the development and maintenance of such a system is deemed practical by the municipality; provided, however, that in the establishment of such a program, it shall be developed in conjunction with the representatives of labor.

(10) Outlines disciplinary actions and appeals, including procedures regulating the suspension, demotion, and separation of employees, with the right to appeal any such action through an impartial process.

(11) In the case of reduction-in-force, seniority as provided in section thirty-nine of chapter thirty-one, shall be the sole criteria in determining the order of layoffs.

(12) Establishes standards of conduct, including prohibitions against political interference in the personnel system and an assurance of the right of employees to pursue legitimate involvement in the political system.

(13) Establishes a centralized personnel record keeping system in the office of the personnel director.