Annual Town Meeting May 5, 2003

Warrant for Annual Town Meeting
May 5, 2003

THE COMMONWEALTH OF MASSACHUSETTS

Worcester, ss.
To any Constable of the Town of Lancaster in the County
of Worcester,
GREETINGS:
In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of the Town of Lancaster qualified to vote in the elections and Town affairs, to meet in Machlan Auditorium, Atlantic Union College, 338 Main Street in said Lancaster on Monday, the fifth day of May, at 7:30 o'clock in the evening, then and there to act on the following Articles:

ARTICLE 1
Board of Selectmen
To hear the annual report of the Board of Selectmen and to act thereon.

ARTICLE 2
Board of Selectmen
To see if the Town will vote to amend the Lancaster Personnel Bylaw by adding to Section 3.2-4 the following: Merit increases will not be authorized for fiscal year 2004, or act in any manner relating thereto.
The Finance Committee recommends passage of this Article.

ARTICLE 3
Finance Committee
To see if the Town will vote to raise and appropriate, take from available funds or from the Water Enterprise Fund, such sums of money to defray the expenses of the Town for the Fiscal Year beginning July 1, 2003, or act in any manner relating thereto. The full text of the Finance Committee's Recommendations are included in the Town Meeting Booklet available in Town Hall and Thayer Memorial Library, and from the Town’s Website at www.ci.lancaster.ma.us and at
www.LancasterOnline.org, as well as at Town Meeting.

ARTICLE 4
Board of Selectmen
To see if the Town will vote to authorize the Collector-Treasurer to enter into a Compensating Balance Agreement(s) for FY2004, pursuant to M.G.L. c.44, §53F, or act in any manner relating thereto. The Finance Committee recommends passage of this Article.

ARTICLE 5
Board of Selectmen
To see if the Town will vote to request the Board of Assessors to commit $15,000 from the FY2004 Overlay Account for Abatements to fund the Senior Citizen Tax Work-off Abatement Program, or act in any manner relating thereto. The Finance Committee recommends passage of thisArticle.

ARTICLE 6
Board of Selectmen
To see if the Town will vote to authorize the following Revolving Funds, in accordance with M.G.L. c.44, §53E½, or act in any manner relating thereto: The Finance Committee recommends passage of this Article.

Revolving Fund	Authorized to Expend	Revenue Source	Use of Fund	Spending Limit	FY03 Balance Disposition
Council on Aging	Council on Aging	Newsletter Advertising	Newsletter printing/mailing; other activities	$2,000	Available for Exp.
Cross Connection Program	Board of Public Works/WE	Survey/Inspection Fees	Program Expenses	$5,000	Available for Exp.
Disability Commission	Disability Commission	Activities and Donations	Programs for the Disabled	$2,000	Available for Exp.
Historical Commission	Historical Commission	Research Fees & Other Charges	Research related wages/expenses	$2,000	Available for Exp.
Library Book Fines	Library Trustees	Late Book & Materials Fines	Books and Materials	$3,500	Available for Exp.
Library Photocopy	Library Trustees	Patron Photocopy Fees	Photocopy Equipment & Supplies	$700	Available for Exp.
Library Lost Items	Library Trustees	Lost Book/Item Replacement Charge	Books and Materials	$500	Available for Exp.
M.A.R.T.	Council on Aging	Reimbursement – M.A.R.T Bus fees	Wages/Expenses Senior Van	$45,000	Available for Exp.
Planning Board	Planning Board	Fees	Planning-related expenses	$50,000	Available for Exp.
Publications Reprinting	Town Clerk	Publication Fees	Publications reprinting expenses	$2,500	Available for Exp.
Recycling	Recycling Committee	Donations-Fees- Sale of Products	Operating Expenses	$15,000	Available for Exp.
Sewer District Collection	Collector- Treasurer & Selectmen	Lancaster Sewer District Payment	Collector- Treasurer expenses	$4,000	Available for Exp.
Tax Title Account	Collector- Treasurer	Interest/Approp. Other Payments	Tax Title Taking Legal Expenses	$35,000	Available for Exp.
Town Forest	Town Forest Committee	Gifts and Sale of Forest Products	Town Forest Improvements	$3,400	Available for Exp.
Veterans’ Memorial	Selectmen	Appropriations and Gifts	Veterans’ War Memorial	$50,000	Available for Exp.
Workers Compensation Advance	Selectmen	Reimbursements/ Appropriations	Advance to Employees on Workers Comp	$10,000	Available for Exp.

ARTICLE 7
Board of Selectmen
To see if the Town will vote to raise and appropriate or take from available funds the sum of $30,900 to be expended by the Board of Assessors for the purpose of revaluation and equalization of real and personal property, or act in any manner relating thereto. The Finance Committee recommends passage of this Article.

ARTICLE 8
Board of Selectmen
To see if the Town will vote to raise and appropriate or take from available funds the sum of $51,400 to be expended by the Board of Assessors for the purpose of conducting encyclical inspections of real and personal property, or act in any manner relating thereto. The Finance Committee recommends passage of this Article.

ARTICLE 9
Board of Selectmen
To see if the Town will vote to make certain adjustments in the eligibility requirements senior citizens must meet in order to qualify for a property tax exemption and in the amount of the exemption pursuant to M.G.L. Ch. 59, §5(41C), as outlined in Attachment A, or act in any manner relating thereto. The Finance Committee recommends passage of this Article.

ARTICLE 10
Board of Public Works
Water Enterprise Fund
To see if the Town will vote to appropriate $509,295 from the Water Enterprise Fund to finance the operation of the Water Department for the fiscal year beginning July 1, 2003 (detail below), or act in any manner relating thereto. The Finance Committee will make a recommendation from the floor.

I. Water Enterprise Revenues
User Charges
Connection Fees
Water Enterprise Available Funds -
Investment Income
Total Revenues

II. Costs Appropriated in the Enterprise Fund
Salaries and Wages
Expenses
Capital Outlay - Equipment -
Capital Outlay - Improvements
Reserve Fund
Debt Principal and Interest
Cross Connection
Budgeted Surplus
Total Costs Appropriated in the Enterprise Fund

III. Costs Appropriated in the General Fund For the Enterprise Fund
Indirect Costs
Benefits
Pension Costs
Total Costs Appropriated in General Fund

$485,316
5,171
---
18,808
509,295

180,445
134,350
---
20,000
4,000
69,904
6,000
29,617
444,316

23,532
30,538
10,909
64,979

Total Costs

$509,295

ARTICLE 11
Board of Public Works
Water Enterprise Fund
To see if the Town will vote to appropriate $89,341 from Water Enterprise Available funds to the Water Enterprise Capital Fund, or act in any manner relating thereto. The Finance Committee will make a
recommendation from the floor.

ARTICLE 12
Board of Public Works
Water Enterprise Fund
To see if the Town will vote to borrow or take from the Water Enterprise Capital Fund a sum of money to be expended by the Board of Public Works for the purpose of replacing a water main on Langen Road, or act in any manner relating thereto. The Finance Committee will make a recommendation from the floor.

ARTICLE 13
Board of Public Works
Water Enterprise Fund
To see if the Town will vote to authorize the Board of Public Works to expend a sum of money to acquire an easement for the construction of a water main from George Hill to Goss Lane, and further, to authorize the Board of Selectmen to acquire by purchase, gift, eminent domain or otherwise and to accept the grant of easement(s) necessary to the complete the construction of such a water main, upon such terms and conditions as the Board of Selectmen shall determine appropriate, for the purpose of water system improvements, or act in any manner relating thereto. The Finance Committee will make a recommendation from the floor.

ARTICLE 14
Board of Public Works
Water Enterprise Fund
To see if the Town will vote to authorize the Board of Public Works to expend $3,890 from the Water Enterprise Capital Fund to install a fire detection and alarm system in the Water Division building, or act in any manner relating thereto. The Finance Committee will make a recommendation from the floor.

ARTICLE 15
Board of Public Works
Water Enterprise Fund
To see if the Town will vote to authorize the Board of Public Works to expend a sum of money from the Water Enterprise Capital Fund to conduct a water supply inventory and analysis for the purpose of acquiring a second public water source, or act in any manner relating thereto. The Finance Committee will make a recommendation from the floor.

ARTICLE 16
Board of Public Works
To see if the Town will vote to accept any public funds for repairs to roadways, culverts, bridges, water systems and tree planting, and to authorize the Collector-Treasurer to take from available funds or to borrow in anticipation of authorized reimbursements, or act in any manner relating thereto. The Finance Committee will make a recommendation from the floor.

ARTICLE 17
Nashoba Regional School Committee
To see if the Town will vote to amend the Nashoba Regional School District Agreement as follows: THE NASHOBA REGIONAL SCHOOL DISTRICT AGREEMENT THE REGIONAL DISTRICT SCHOOL COMMITTEE
Section 1. (A) The powers and duties of the regional school district shall be vested in and exercised by a regional school district committee, sometimes referred to as the committee. The committee shall consist of eight members: three from the town of Lancaster, three from the town of Stow and two from the town of Bolton. Such committee had members elected at the 2001 annual election of each town as follows: Bolton: two members, one for a term of three years and one for a term of two years; Lancaster: three members, one for a term of one year, one for a term of two years, and one for a term of three years; Stow: three members, one for a term of one year, one for a term of two years, and one for a term of three years. At the expiration of each term set forth above, each town will elect a member for a term of three years.
(B) If a vacancy occurs among the members of the committee, the selectmen and the remaining members of the committee
from the town involved, acting jointly, shall appoint a new member by ballot within one (1) month after the vacancy
occurs to serve until the next town election, at which time a new member will be elected to serve the remainder of the
vacated term.
(C) The population of the participating town shall be determined every five (5) years in accordance with the town’s annual
census as certified by the respective town clerks. The census will be reviewed by the Regional District School
Committee to determine if the number of representatives elected from each town is within the standard 10-16%
deviation in compliance with the one person – one vote ruling.
(D) If the population in a participating town results in a change in the number of members to be elected to the Regional
District School Committee, such change shall be effective at the annual town election following the certification of the
census.
LOCATION AND LEASE OF SCHOOLS
Section 2. (A) The Regional District schools serving students from all district towns shall be located as near as feasible to the geographic and population centers of the District, except that any new school constructed for the purpose of accommodating pupils primarily from a particular member town shall be located in that town.
(B) The town of Bolton is hereby authorized to lease to the Regional School District all the premises and buildings presently known as the Emerson School (including the 1952 + 1972 sections, excluding the
1922 section) and the Florence Sawyer School. The town of Lancaster is hereby authorized to lease to the Regional School District all the premises and buildings presently known as the Mary Rowlandson Elementary School and the Luther Burbank Middle School. The town of Stow is hereby authorized to lease to the Regional School District all
the premises and buildings presently known as the (1) Hale School, (2) Center School, (3) Pompositticut School, and (4) the Stone Building.
Each of the leases authorized above shall be for a term not in excess of twenty (20) years and the term shall commence on July 1, 1994. Each of the leases shall contain a provision for the extension of the term thereof for an additional term not in excess of twenty (20) years, renewable at any time during the term, at the option of the Regional
District School Committee. Each of the leases shall contain provisions authorizing the Regional School District to insure, repair, improve, alter or remodel any of the leased buildings. Alterations or changes to any leased property can only be made with the concurrence of the leasing town. No rental shall be charged to the District by any of the
participating towns except as hereinafter provided.
If the Regional District School Committee shall assign any pupils residing in any one (1) or more participating towns to attend any of the aforementioned leased schools of another town on which any funded indebtedness remains outstanding the town of residence of such pupils shall be charged a rental fee at the rate of net cost per pupil per school
year for each pupil so assigned. The rental shall be paid to the Regional School District by the town of residence of such pupils within thirty (30) days after the date of billing by the said Committee and the said Committee shall transmit said payment to the town of ownership of the school to which such students have been assigned.
In the event of withdrawal of any of the participating towns from the District, the above-mentioned leases shall be terminated at the time of such withdrawal. Each lease involving a participating town shall be on such other terms as may be determined by the Selectmen thereof and the Regional District School Committee who shall execute the lease for
the participating town and the Regional School District, respectively.
New school facilities built by member towns shall be subject to the leasing terms as outlined above. When facilities are no longer used for education purposes, the lease for that facility is terminated.
TYPE OF DISTRICT
Section 3. The Regional School District shall include all grades from kindergarten through grade twelve (12).
METHOD OF APPORTIONING COSTS OF THE REGIONAL SCHOOL
Section 4. (A) Capital costs shall include all expenditures in the nature of capital outlay such as the cost of acquiring land, the costs of constructing, reconstructing, and adding to buildings, and the cost of remodeling or making extraordinary repairs to a school building or buildings, including without limitation the cost of the original equipment and furnishings for such buildings or additions, plans, architects’ and consultants’ fees, grading and other costs incidental to placing school buildings and additions and related premises in operating condition. Capital costs shall also include payment of
principals of and interest on bonds or other obligations issued by the District to finance capital costs.
(B) Operating costs shall include all costs not included in capital costs as defined in Section 4(A) but including interest on temporary notes issued by the District in anticipation of revenue.
(C) 1. Capital costs, including debt service on bonds or notes issued by the District to finance capital costs, in
connection with any particular District school shall be apportioned on the basis of each member town’s pupil
enrollment in such school. Each member town’s share shall be determined by computing the ratio which its
pupil enrollment in such school on October 1 of the year next preceding the year for which the apportionment is
made bears to the total pupil enrollment from all the member towns in such school on that date. If there is
not enrollment in such school on the aforesaid October 1, the apportionment of debt service with respect thereto
shall be made on the basis of the estimated pupil enrollment from each member town in such school on
the aforesaid date had there been any reenrollment, such estimate to be made by the Committee.
2. Incurring of indebtedness for the construction of new school facilities, including additions to existing school
facilities, which are designed to serve students from one member town, shall be by vote of the voters of the
member town so served, at an annual or special town meeting and said indebtedness shall be incurred by the
member town so served and not the Regional School District.
3. Incurring of indebtedness for capital improvements or capital replacements for existing school facilities to
serve students from one (1) member town shall be by vote of the voters of the member town so served, at an
annual or special town meeting, and said indebtedness shall be incurred by the member town so served and not
the Regional School District.
(D) Operating costs shall be apportioned among the member towns on the basis of the average of the previous five (5) years’ enrollment as of October 1 of each of the preceding years for fiscal year 2000 and thereafter.
Assessments to each town shall be said apportionment less the average percentage of Regional Aid, Transportation Aid, and any other reductions to the gross budget voted by the Regional School District, less each town’s allocation of Chapter 70 aid, but not less than each town’s minimum contribution required by the State.
(E) Payments of one-quarter of each town’s proportional part of the its assessment from the regional school district, including indebtedness, shall be made on the first day of each February, May, August, and November and in the manner prescribed by Statute.
(F) Within seven (7) days after the date on which the Regional District School Committee authorizes the incurring of debt, other thantemporary debt in anticipation of revenue to be received from participating towns, the said Committee shall cause written notice of the date of said authorization, the sum authorized, and the general purpose or purposes for authorizing such debt, to be given to the Board of Selectmen of each participating town.
TRANSPORTATION
Section 5. (A) School Transportation shall be provided by the Regional School District and the cost thereof shall be apportioned to the participating towns as an operating cost.
(B) Students in pre-kindergarten through grade eight (8) shall attend
schools in their town of residence except as hereinafter provided.
(C) The Regional District School Committee may assign by a majority
vote students in grades six (6) through eight (8) to a school in other
than their town of residence only after a favorable majority vote at an
annual or special town meeting on the part of both sending and
receiving towns involved in such an assignment.
(D) The Regional District School Committee may determine by a
majority vote the need to assign elementary pupils to schools in other
than their town of residence in case of an emergency which prevents
use of a building whole or part, or with parent approval. Any town
whose students are assigned to any temporary school facilities will be
responsible for all costs, including rental, building utilities cost,
transportation beyond that normally provided under district contracts,
and any equipment that might be associated with temporarily housing
its students.
ADMISSION TO AND WITHDRAWAL
FROM THE DISTRICT
Section 6. (A) Any town not included in the Regional School District
may be admitted to the District by Majority vote of the Regional
District School Committee and upon acceptance by the town of this
Agreement with any amendments thereto and upon acceptance by the
Town of the provision of Section sixteen through sixteen (I), inclusive,
of Chapter 71, as amended, of the General Laws. Upon admission of
such a town, the costs of Section 4 plus subsequent acquisitions and
improvements shall be reapportioned in accordance with Section 4 to
all the towns now comprising the District as determined by the
Regional District School Committee. The newly admitted town shall
then assume liability for its entire share of the costs of Section 4 for the
remaining terms of the funded indebtedness. It shall pay to the
Regional School District Treasurer an amount equal to the sum of its
normal share of the costs of Section 4 plus its share of the funded
indebtedness already retired divided by the number of years in the
remaining life of the funded indebtedness. Payments made by the
newly admitted town for funded indebtedness already retired, shall be
credited to the towns previously forming the District on the basis of
over-payments made by them. If no funded indebtedness exists the
newly admitted town must pay to the Regional School District their
percentage of student enrollment to the District total capital costs over
a ten (10) year period. Funds received for capital expenditures from
any newly admitted town will be used to reduce assessments to the
previous members of the Regional School District based on the average
percent of each town’s enrollment over the life of the District.
(B) By a majority vote at a regular or special town meeting, any town
in the Regional School District may withdraw from the District,
provided that a majority of the remaining members of the Regional
District School Committee so vote; and provided that the town desiring
to withdraw has paid its portion of the remaining funded indebtedness
and any other expenses for which it became liable as a member of the
District.
The withdrawing town shall remain liable to the District for
indebtedness of the District outstanding at the time of such withdrawal,
and the interest thereon to the same extent and in the same manner as
though such town had not withdrawn from the District; provided that
such liability shall be reduced by any amount which such town has
paid at the time of withdrawal and which has been applied to the
payment of such indebtedness or interest.
The withdrawing town’s annual share of any future installment of
principal and interest on obligations outstanding on the effective date
of its withdrawal shall be fixed at the percentage prevailing for such
town at the last annual apportionment made next prior to the effective
date of the withdrawal. The remainder of any such installment after
subtracting the share of any towns which have withdraw shall be
apportioned to the remaining participating towns in the manner
provided in Section 4 (C) and any amendments which may be made
thereto.
AMENDMENTS
Section 7. This Agreement may be amended by recommendation of
the Regional District School Committee or by initiative Petition of
10% of the registered voters in the towns comprising the Regional
School District, provided that such amendment is approved by majority
vote in each of the towns comprising the District. No such amendment
shall be made which shall substantially impair the rights of the holders
of any bonds or notes of the District then outstanding or the rights of
the District to procure the means for payment thereof; provided, that
this provision shall not prevent the admission of new towns to the
District and the reapportionment accordingly of that part of the cost of
construction represented by bonds or notes of the District then
outstanding and of interest thereon.
BUDGET
Section 8. The Regional District School Committee shall, in
accordance with Section 16B of Chapter 71 of the General Laws of the
Commonwealth of Massachusetts, prepare and adopt a budget and
present this budget to each of the Towns comprising the District on or
before March 15th for the next fiscal year, itemized as follows:
1. Administration
2. Instruction
3. Other School Services
4. Operation & Maintenance of School Plant
5. Fixed Charges
6. Community Service
7. Acquisition of Fixed Assets
8. Debt Retirement and Debt Services
9. Programs With Other Districts and Private Schools
10. Contingency
ADMISSION OF STUDENTS
Section 9. Students residing outside of the Regional School District
may attend any of the schools in the District provided sufficient space
is available as determined by the Regional District School Committee.
At any time the Regional District School Committee may vote not to
accept students residing outside the District.
ORGANIZATION OF THE REGIONAL DISTRICT
SCHOOL COMMITTEE
Section 10. (A) Within ten (10) days after selection of membership,
the Regional District School Committee shall organize and choose by
majority vote such officers as provided for by law, and determine their
term of office.
Provisions shall be made for meetings, including an annual meeting at
which the officers of the Committee shall be elected. All meetings
except those involving personal relations of pupils or employees of the
Regional District School Committee shall be open to the public and the
press.
(B) The Regional District School Committee, for and on behalf of the
Regional School District, shall establish and maintain within the
District a central office for the transaction of its business; the place to
be determined by the Committee. The Committee shall have the power
to equip the same and to purchase such supplies as may be required in
the transaction of its business.
AUDIT ADVISORY COMMITTEE
Section 11. The school committee shall create an Audit Advisory
Committee consisting of four (4) voting members: one (1) from each
town appointed jointly by the Selectmen and Finance Committee of
that town and one (1) voting member appointed by the school
committee, where that member shall not be a member of the school
district’s administration. Each committee member must be independent
of the financial reporting system of the district and should possess a
reasonable level of financial literacy. The Audit Advisory Committee
shall review the district’s financial reporting process and annual
audit(s), both financial and compliance.
It will be the responsibility of the Audit Advisory Committee to:
Establish an understanding of the district’s financial
reporting system through meetings and interviews with the
district’s management and individual interviews with all
members of the district’s financial reporting department.
The Audit Advisory Committee will also have the authority
to request financial reports from the business office of the
district showing detailed financial transactions, actual
expenditures against budgets, summaries of all “off budget”
financial operations, all liabilities incurred or anticipated,
and balances of all bank accounts.
Recommend to the school committee the hiring of the
accounting firm that audits the financial affairs of the school
district. The Audit Advisory Committee will recommend
the scope of any audits performed, will meet with the
auditors throughout the auditing process, and will receive
any reports prepared by auditors.
Recommend to the school committee each year the amount
of money required for auditing activities, and will
recommend to the school committee expenditures from the
auditing budget line item.
Report annually, after receiving the annual audit, or at other
times it may deem appropriate, to the full school committee
on the adequacy of the financial reporting system, outcomes
of the annual audit and its recommendations for any changes
in procedures. In addition, the Audit Advisory Committee
will conduct, at least annually, a public session designed to
inform the citizens of the member towns about the district’s
financial health.

ARTICLE 18
Board of Selectmen
To see if the Town will vote to authorize the Board of Selectmen to
acquire by purchase, gift, eminent domain or otherwise and to accept the
grant of an amendment to an existing easement on Winsor Road upon
such terms and conditions as the Board of Selectmen shall determine
appropriate, for the purpose of supporting utilities to service a proposed
telecommunications facility, or act in any manner relating thereto.

ARTICLE 19
Board of Selectmen
Personnel Board
To see of the Town will vote to rescind the current Personnel Bylaw, as
voted under Article 16 of the May 1, 1989 Annual Town Meeting and
amended by Article 25 of the May 24, 1999 Annual Town Meeting,
and to adopt the following Personnel Bylaw, or act in any manner
relating thereto:
TOWN OF LANCASTER
PERSONNEL BY-LAW
PREAMBLE
EQUAL EMPLOYMENT OPPORTUNITY POLICY
In compliance with Federal and State Equal Employment Laws, Equal
opportunity will be afforded to all applicants regardless of race, color,
sex, age, religious creed, disability, national origin, ancestry, sexual
orientation, marital status, ex-offender status, prior psychiatric
treatment or military status. It is unlawful in Massachusetts to require
or administer a lie detector test as a condition of employment or
continued employment. An employer who violates this law shall be
subject to criminal penalties and civil liability.
SECTION 1 - AUTHORIZATION/AMENDMENT
Pursuant to the authority contained in Article LXXXIX of the
Constitution of the Commonwealth and Sections 108A and 108C of
Chapter 41 of the General Laws, the town of Lancaster establishes
plans, which may be amended from time to time by vote of the town at
a Town Meeting:
a. Authorizing a Classification Plan classifying positions in the
service of the Town other than those filled by popular election,
those under the jurisdiction of the School Committee, those
covered by collective bargaining agreements with the Town, and
those in which the incumbent tenders contractual services which
are not provided during regularly established working hours, into
groups and classes doing substantially similar work or having
substantially equal responsibilities;
b. Authorizing a Compensation Plan for positions in the
Classification Plan:
c. Providing for the administration of said Classification and
Compensation Plans; and
d. Establishing certain working conditions and fringe benefits for
employees occupying positions in the Classification Plan.
The Classification Plan and/or Compensation Plan and/or other
provisions of this By-Law may be amended by vote of the Town at
either an Annual or Special Town Meeting. No amendment shall be
considered or voted on by Town Meeting unless the Personnel Board
has first considered the proposed amendment.
The Personnel Board, of its own motion, may propose an amendment
to the plans or other provisions of this By-Law based on its findings
resulting from its investigations.
The Personnel Board shall report its recommendations on any proposed
amendment to the Board of Selectmen. The Personnel Board shall
make its recommendations with regard to any amendment at the Town
Meeting at which such amendment is considered.
SECTION 2 - PERSONNEL BOARD
A. MEMBERSHIP
This Personnel Bylaw shall be administered by a Personnel Board,
consisting of five voting members appointed by the Board of
Selectmen, said Board of Selectmen shall have the power to fill all
vacancies. Members are appointed for three-year, staggered terms.
The Board shall select a chairman and vice chairman from its
membership who shall preside over meetings. The Board shall select a
clerk from it membership who shall be responsible for recording
minutes of all committee meetings in accordance with the Open
Meeting Law.
Like all Town employees and board/committee members, the
Personnel Board is subject to and shall abide by the provisions of the
Conflict of Interest Law M.G.L. Chapter 268A.
At any meeting of the Personnel Board action by a majority of the
Board members present shall be binding. At least three members of the
Board shall be present in order to constitute a quorum.
All members of said Board shall be residents of the town and shall
serve without compensation. Each member of the Personnel Board
shall serve for a term of three years. Re-appointments or new
appointments to full terms will be made to take effect on July first of
the year of their expiration.
Members of the Personnel Board serving upon the effective date of this
By-Law shall serve until the expiration of their respective terms. Upon
the expiration of such terms the Selectmen shall appoint or re-appoint
members for successive three year terms.
If a member resigns or his/her office becomes vacant by his/her
removal from the Town, or any other cause, the Selectmen shall
appoint his/her successor for the balance of the unexpired term of such
member.
B. ORGANIZATION
The Personnel Board shall organize annually, as soon as possible after
July 1st of each year, at the call of the then Chairman, or lacking a
Chairman, the Vice Chairman, and shall elect a Chairman and appoint
a Secretary from among its members. The Chairman shall hold office
until his/her successor has been elected. In the event a vacancy occurs
in the office of the Chairman, the Personnel Board shall elect a
successor Chairman from among its members, such successor to serve
until the next organizational meeting of the Personnel Board and until
his/her successor has been elected.
C. ADMINISTRATION
The Personnel Board shall administer the Personnel By-Law,
Classification Plan, and the Compensation Plan and shall establish such
procedures, as it deems necessary for the proper administration thereof.
The Personnel Board shall be responsible for establishing and
maintaining personnel records for all employees as may be required by
law and as necessary for effective personnel management. All
employees, appointing authorities, and department heads shall comply
with and assist in furnishing records, reports and information as may be
requested by the Personnel Board or the person or persons assigned
responsibility for personnel administration.
The Personnel Board shall maintain or cause to be maintained an
individual personnel file for each employee which may include, but not
be limited to, the following: the employment application or résumé; a
copy of any documented reference checks and background
investigation reports; a copy of any physical examination reports and
health reports; a report of all personnel actions reflecting the original
appointment, promotion, demotion, reassignment, transfer, separation,
or layoff. History of employment and correspondence directly related
to the employees’ past employment record, reclassification or change
in the employee’s rate of pay or position title, commendations, records
of disciplinary action, training records, performance evaluation, and
other records that may be pertinent to the employee’s employment
record.
Personnel records shall be considered confidential and access to
records shall be limited to the Personnel Board, persons authorized by
the Personnel Board to administer the personnel system, appointing
authorities, and department heads. Any employee may upon request to
the employee’s appointing authority have access to review their
personnel file. The employee’s review of their employment record
shall be in the presence of the employee’s department head or
appointing authority. Unless written authorization is received from an
employee, except to verify employment, no information concerning an
employee shall be released.
Each department shall maintain records required to be maintained
under this bylaw until such time a Personnel Board vote determines
that centralization of all records is necessary and appropriate.
The Board shall provide sufficient copies of the Personnel By-Law or a
summarization thereof in the form of an employee handbook to each
department for distribution to each employee. Each department head
will provide each new employee with a copy and have one available
for reference at all times. Personnel records of the Town are to be
maintained by staff position as designated by the Personnel Board.
D. AUTHORITY
The Personnel Board shall have the authority to review, from time to
time or at least annually, the work of all positions subject to the
provisions of this By-Law. The Personnel Board shall recommend
changes in said positions as well as adjustments to salaries as it deems
advisable, subject to appropriation of funds. Such reviews shall be
made at such intervals, as the Board deems necessary and, to the extent
that the Board considers practicable, shall include all occupational
groups in the Classification Plan.
The Board, after meeting with the appropriate department
head/supervisor, shall have the authority to adjust individual employee
classifications and wages within the context of the By-Law whenever
inequities exist.
On or before January 15th of each year, the Personnel Board shall meet
with the Board of Selectmen to discuss a change in the Compensation
Plan for the forthcoming year.
In addition, the Personnel Board shall make an annual report in writing
to the Board of Selectmen on or before the second Wednesday in
February of each year, including recommendations on any matters
related to the Classification or Compensation Plans, which said Board,
deems appropriate to be considered by the town.
The Board may employ assistance and incur expenses, as it deems
necessary, subject to the appropriation of funds therefore.
SECTION 3 - APPLICATION OF PERSONNEL BY-LAW
This By-Law shall apply to all Town Departments and to all positions
of all employees in the service of the town, whether full or part-time,
temporary, seasonal, special, casual or any other type of employment,
other than those positions which are filled by popular election, those
under the jurisdiction of the School Committee, or Collective
Bargaining, except that all provisions of this By-Law shall be
applicable insofar as any collective bargaining agreement may refer to
this By-Law and to the extent applicable by statute or in the absence of
any other provisions.
SECTION 4 - DEFINITIONS
As used in the By-Law, the following terms shall have the meaning
indicated:
a. Employee - Any person who is paid by the town for services
rendered to the town, excluding elected officials, independent
contractors, and persons under the direction of The School
Committee.
b. Regular Full Time Employee - Any employee who is employed
no less than 35 hours per week, 52 weeks per year for the
department or position in which that person is employed.
c. Regular Part Time Employee - Any employee who works at least
20 hours or more each week for 52 weeks per year, but less than a
normal work week for the department or position in which that
person is employed.
d. Casual Part Time Employee - Any employee hired for irregular or
occasional employment for an hourly rate or a fee. Personnel
service rendered by an employee in a position calling for part-time
employment which service, although constituting continuous
employment is not rendered during prescribed working hour,
daily, weekly or annually, but is rendered according to the
demands for such service.
e. Temporary or Seasonal Employee - Any employee whose
duration of employment with the Town is of a seasonal or
emergency nature, or specified limited amount of time (not to
exceed six (6) continuous months).
f. Continuous Service - Length of employment with the town of
Lancaster of a regular full time or regular part time employee,
uninterrupted except for authorized military leave, vacation leave,
sick leave, court leave, disability, maternal/paternal leave, or any
other authorized leave of absence, if applicable and covered in the
terms of this By-law.
g. Absence - Any time an employee is not at work during a
scheduled work period.
h. Town - The town of Lancaster, Massachusetts.
i. Department - Any Board, Committee, Commission, other Agency
or functional unit (or sub-unit) of the town.
j. Administrative Authority - The elected or appointed official or
board having jurisdiction over a function or activity.
k. Appointing Authority - Any person(s), Board, Committee,
Commission, or other Agency who has the right to hire or
discharge employees.
l. Position - An office or post of employment in Town service with
duties and responsibilities calling for full time, part time, special,
temporary or seasonal employment of one person in the
performance and exercise thereof.
m. Temporary Position/Seasonal Position - Any position in Town
service which requires or is likely to require the service of one
incumbent for a period not exceeding six calendar months; either
on a full time or part time basis.
n. Class - A group of positions in the Town service sufficiently
similar in respect to duties and responsibilities so that the same
descriptive title may be used to designate each position allocated
to the class, that the same qualifications shall be required of the
incumbents, that the same tests of fitness may be used to choose
qualified employees and that the same scale of compensation can
be made to apply with equity.
o. Group or Occupational Group - A group of classes designated by
occupation within one of the major functional units of municipal
government.
p. Functional Units of Municipal Government - A grouping of
occupational groups or classes by type of municipal services
rendered (i.e.), General Government - Executive and
Administrative duties; Public Safety - Protection of life and
property; Public Utilities - Development, operation and
maintenance of public property and facilities; Education -
Instruction and related support and administrative functions;
Human Services - Health, Youths, Elders, Veterans, etc.
functions; Culture and Recreation - Library, Parks and
Recreational facilities and functions.
q. Classification Plan - Class specifications and titles approved by
the Personnel Board and appearing as Schedule A to these Bylaws.
r. Job Classification - A particular job title within the Classification
Plan.
s. Compensation Plan - Specified rates of pay for each job
classification included in the Classification Plan, appearing as
Schedule B to these By-laws.
t. Compensation Grade - A range of salary or wage rates appearing
in the Compensation Plan.
u. Rate - A sum of money designated as compensation for personal
services on an hourly, daily, weekly, monthly, annual or other
basis.
v. Minimum Rate - The lowest rate in compensation grade; normally
the hiring rate of a new employee.
w. Maximum Rate - The highest rate in a compensation grade, which
normally is entitled to attain.
x. Single Rate - A rate for a special, temporary or seasonal position
for which there is no range.
y. Step Rate - A rate in a range of a compensation grade.
z. Range - The dollar difference between minimum and maximum
rates for a particular compensation grade.
SECTION 5 - CLASSIFICATION PLAN
A. MANDATORY CLASSIFICATION
No person shall be appointed, employed or paid as a Town employee in
any position under the Classification Plan and Compensation Plan
under any title other than that of the class of which position is
allocated.
B. EMPLOYEE CATEGORIES
All positions subject to the provisions of the Personnel By-law of the
Town shall fall into one of the following categories:
a. Regular Full Time
b. Regular Part Time
c. Casual Part Time
d. Special, Temporary or Seasonal
These categories will determine an employee’s eligibility for benefits
as specified by this by-law.
C. ALLOCATION AND NEW POSITIONS
The Personnel Board may allocate each position subject to the
provisions of the Classification and Compensation Plan to its
appropriate class and pay grade.
Whenever a new position is established, appointing authorities
proposing the creation of new positions shall provide the Personnel
Board with a description of the duties, skills, knowledge, abilities, and
other work performance requirements of the proposed position in
sufficient detail to enable the Personnel Board to appropriately classify
the position.
When the duties of an existing position are so changed that, in effect, a
new position of a different class is substituted for the old position, and
whenever such action appears warranted by reason of error in the
allocation then in effect, or as a result of additional duties and changes
in the job content of the class the Personnel Board may allocate such
position to an appropriate class and pay grade.
Positions may not be reclassified without a review and approval of the
Personnel Board.
The Personnel Board shall afford reasonable opportunity to be heard to
any employee or any Department Head affected by such a new position
or change in classification.
D. HIRING AND RE-CLASSIFICATION
The following procedure shall be used when hiring employees in filling
regular full time and regular part time positions covered by this Bylaw.
1. A job description agreed to by both the hiring department
head or Board Chairman and the Personnel Board must be
completed prior to the announcement of the job opening.
2. The hiring rate and pay rate for the job must be in accord
with the Classification and Compensation Plans or be
developed with and agreed to by the Personnel Board prior to
the announcement of the job opening.
3. The job opening must be advertised in appropriate
publications for at least 2 days and must be posted on the
Town Hall bulletin board at least ten (10) days prior to the
job being filled. The announcement will include:
a. Job title
b. Pay rate
c. Summary statement of duties
d. Direction on where and how applications may
be filed
e. Deadline for filing application must be at least
ten (10) days after the notice of job opening
appears.
4. Job applicants will not be discriminated against on the basis
of race, veteran status, color, sex, age, religious creed,
disability, national origin, ancestry, sexual orientation,
marital status, ex-offender status, physical and/or mental
handicap, prior psychiatric treatment or military status.
5. The Personnel Board must retain records of all job applicants
in accordance with the Public Records Law. The application
of the person hired will be filed in his/her personnel file.
6. All persons selected for employment shall be notified in
writing that the offer is conditional pending a physical
certification by the Town’s physician. The applicant shall
undergo a medical examination and drug test. The
examination shall be at the expense of the town by a
physician or medical institution selected by the Personal
Board. The examining physician shall advise as to whether
or not, in the opinion of the physician, the applicant can
perform the essential functions of the job. If deemed unfit to
perform the duties of the position for which application has
been made the appointing authority shall withdraw the offer
of employment.
7. A Payroll Change Authorization with the required approvals
will be submitted to the Town Accountant prior to his/her
issuance of a voucher for a new employee or a voucher
including pay rate change for an incumbent employee.
8. An applicant who accepts an appointment and fails to report
to work on the date set by the appointing authority, shall,
unless excused by the appointing authority, be deemed to
have declined to appointment and the offer of employment
shall be withdrawn.
No employee may be reclassified to a position in another group, either
higher or lower, until the Personnel Board determines that such a
reclassification will be consistent with the provisions of the
Compensation Plan.
E. PROBATIONARY/ORIENTATION PERIOD
Performance of all new employees must meet acceptable work
standards. The probationary period shall be utilized to help new and
promoted employees achieve effective performance levels. To insure
that new employees are aware of their duties and responsibilities
Appointing authorities shall inform new employees of their rights,
responsibilities, duties and obligations. The appointing authority will
provide the employee with a copy of the personnel bylaw. Employee
will sign form acknowledging that they have reviewed a copy of the
personnel bylaw and understand their rights, responsibilities, duties and
obligations.
Department heads or Boards will provide on-site training and
orientations regarding specific rules, regulations, policies and
procedures of the employee's assigned department including the safety
policies and procedures.
All newly appointee and promoted employees will be required to
successfully complete a probationary period. The probationary period
begins immediately upon the employee's starting date or promotion
date and to continue for a six-month period. The appointing authority
and department head shall observe and evaluate the employee's
attitude, conduct and work habits during the probationary period. A
Job Performance Review and Evaluation Form must be completed at
ninety- (90) days by the department head and reviewed with the
employee. Upon completion of the probationary period the appointing
authority will complete a one hundred eighty (180) day Job
Performance Review and Evaluation Form. The appointing authority
will notify the employee in writing that: Employee's performance
meets satisfactory standards and the individual will be considered a
regular employee in the position; or that the employee's performance
due to extenuating circumstances, requires additional observation and
that the probationary period will be extended an additional period of
time not to exceed three months; or that the employee's performance,
attitude, conduct was unsatisfactory and the termination will occur.
At any time during the probationary period the employee may be
terminated by an appointing authority if it is revealed that the
employee intentionally falsified information relating to application for
employment, was unable or unwilling to perform the required duties, or
displayed conduct, habits or dependability which did not merit
continuing the employee in the position. The employee may not appeal
the termination.
F. JOB DESCRIPTIONS AND INTERPRETATIONS
The Personnel Board shall maintain written descriptions of the jobs or
positions in the Classification Plan. These descriptions shall be written
by The Departments Board, Department Head, or Department
Supervisor and approved by the Personnel Board. The descriptions
shall include definitions describing the essential nature of the work,
distinguishing features of the work and such illustrative examples of
duties as may be deemed appropriate. The Personnel Board may, upon
the request of a department or on their own initiative, along with the
department’s input, amend such job descriptions.
The heads of departments shall be required to retain copies of the
current job descriptions. They shall be responsible for drafting any
revisions and submitting them to the Personnel Board for approval.
The description of any position shall be construed solely as a means of
identification. It shall not limit the duties and responsibilities of any
position or modify, or in any way affect, the power of any
administrative authority as otherwise existing, to assign duties to, or to
direct and control the work of any employee under the jurisdiction of
such authority. The administrative authority however, must be
reasonable and cannot assign tasks that are completely out of the job
classification.
G. CLASS TITLE
The title of each class, as established by the Classification Plan, shall
be the official title of every position allocation to the class and the
official title of each incumbent of a position so allocated, and shall be
used to the exclusion of all others on payrolls, budget estimates and
other official records and reports pertaining to the position. No
administrative authority shall fix the salary of any employee in a
position in the Classification Plan except in accordance with the
Compensation Plan.
H. WORK WEEK
The normal week for a regular full time employee shall be at least
thirty-five (35), but not more than forty (40) hours. The Department
Head, with the approval of the Board, Committee or Commission
responsible for the Department will establish and post permanently on
the Department bulletin board the regular working hours for all
employees of that department. The normal lunch period will not be a
paid period.
I. CONFIDENTIAL INFORMATION
When performing their assigned duties, town employees may come
into contact with confidential information.
Confidential Information must be retained in a manner that allows it to
remain confidential at all times. It is expected that all town employees
respect the information they are privy to.
Confidential information is as defined by the Commonwealth of
Massachusetts Chapter 4 Section 7.
J. DRESS CODE POLICY
It is the policy of the Town of Lancaster that each employee's dress,
grooming and personal hygiene be appropriate to the work situation
and follow the dress code of the town or department.
SECTION 6 - COMPENSATION PLAN
The compensation provided for in this section shall be subject to the
availability of appropriated funds.
A. PAY AND SALARY SCHEDULE
The Compensation Schedule set forth in this By-law shall consist of
hourly rates as well as salaries, which are on a grade and step schedule.
The weekly pay period begins at 12:01AM on Sunday and ends at
12:00 Midnight on the following Saturday.
B. PAY RATE AND BENEFITS FOR NEW PERSONNEL
1. The hiring rate shall be the minimum of the rate range of the
job for which the new employee is hired. An appointing
authority may assign a new employee, only for the purposes
of pay, to a rate higher than the minimum rate, up to Step 3
of the Grade in any case where the employee’s prior
experience in the work warrants such action. Hiring an
employee at a rate above Step 3 requires the advanced
approval of the Personnel Board. The Board may investigate
any request for a higher salary step and confer with the
immediate supervisor or department head relative to such
employment.
2. The appointing authority may negotiate benefits to permit
competitive hiring, subject to appropriation and the prior
approval of the Personnel Board.
C. TRANSFERS AND PROMOTIONS OF EMPLOYEES
1. An employee who receives a promotion shall be
compensated at the rate of pay that is closest to but greater
than the employee's current rate of pay or at a step rate that
the appointing authority, subject to approval of the Personnel
board, believes the employee's qualifications and
performance warrants.
2. If an employee is transferred to a lower rate job, he/she shall
enter it at his/her own rate.
D. “PERSONAL RATE” ABOVE MAXIMUM
Any salary rate, which is above the maximum rate for a job, as
established by this plan, shall be deemed to be a personal rate. Should
an employee's position be reclassified to a lower grade or rate, that
employee will be "grand fathered" in at their current rate. This
"personal rate" will not apply to the employee's successor in the
position."
E. WORKING FROM HOME
Employees who have assigned office space are not permitted to work
from home. Our goal is to have town offices open to the public
whenever possible. The Board of Selectmen must grant permission for
any exceptions to this policy.
F. STRAIGHT TIME HOURLY PAY
The compensation paid an employee per the Compensation Plan for
each hour worked during the normal workweek shall be his/her regular
straight time hourly pay. In those instances in which the hourly
earnings are not specified in the Compensation Plan, the straight time
hourly pay is calculated by dividing the weekly rate by the normal
work week hours. For salaried position, straight time hourly pay is
calculated by dividing the weekly compensation by the normal work
week hours of that area in which the employee works.
G. OVERTIME
In accordance with the Fair Labor Standards Act (FLSA) the town is
establishing a 7-day work period commencing on Sunday at 12:01 a.m.
1. Any hours, or portions thereof, authorized by the
department head and worked by an employee in the
service of the Town, except salaried personnel, over and
above forty (40) hours for the normal work week, shall
be considered overtime. For purposes of calculating
overtime, holiday pay and vacation pay shall be
considered as hours worked.
2. Overtime shall be compensated to all employees, at one
and one half time straight hourly earnings with the
exception of salaried personnel.
3. Where an employee in a single workweek works at two
or more different types of work for which different
straight-time rates have been established, the regular
rate for that week is the weighted 1average of such rates.
That is, the earnings from all such rates are added
together and this total is then divided by the total
number of hours worked at all jobs. (FLSA)
H. OTHER SPECIAL PAY
When all Town employees, (i.e. Town Hall, Library, Non-Union DPW,
Non-Union Police, Non-Union Dispatchers) except salaried employees
are requested to return to work after completing their normal day’s
work, they shall be compensated for no less than two hours.
When Firefighters and EMT's report to duty during the hours of 11:00
PM and 6:00 AM, they shall be paid a minimum of two hours.
SECTION 7 - DISCIPLINARY ACTION
A. DISCIPLINARY PROCEDURE
The Town recognizes that all of its employees have high standards.
However, there are times when it may be necessary to discipline
individual employees. The Town believes that discipline should be
used when necessary. Disciplinary action may be initiated for failure
of an employee to fulfill responsibilities as an employee. Cause for
disciplinary action shall include, but is not intended to be limited to the
following.
• Incompetence of inefficiency in performing assigned duties.
• Refusal to perform a reasonable amount of work or violation of
any reasonable official order, or failure to carry out any lawful
and reasonable directions made by a proper supervisor.
• Habitual tardiness or absence from duty.
• Violation of safety rules, practices and policies.
• Release of confidential information - cognizant or intentional.
• Engaging in sexual harassment.
• Insubordination.
• Fighting on the job - verbal abuse.
• Punching in or out in an irregular fashion (see policy).
Therefore, the following disciplinary action procedures shall be
followed:
1ST Warning. The supervisor will give the employee an oral
warning that will be recorded in the personnel records.
2nd Warning. The supervisor will issue a written warning to
the employee. Warning to include reasons for the warning
and an offer of assistance on the part of the department head
in correcting the unsatisfactory situation and carry a specified
period in which the behavior shall improve. A copy of the
warning will be placed in the personnel file.
3rd Warning The department head with sufficient cause will
suspend an employee without pay for a period of at least
three (3) days, not to exceed twenty (20), working days in
any twelve (12) month period. Within twenty-four (24)
hours of the effective date of the suspension the employee
shall be provided with a written notice stating the reasons for
the suspension and the length of the suspension.
4th Warning Will result in the employee being terminated.
The department head will provide the employee with a
written notice stating the reason or reasons for the discharge
and the effective date of the discharge.
After one year following each disciplinary action, if there has been no
further disciplinary action, the warning will not be considered current
in an employee's record.
At any step in the disciplinary procedure, an employee may, at their
discretion, appeal to the Personnel Board.
B. TERMINATION FOR CAUSE
The progressive disciplinary procedure will be by-passed and the
employee will be subject to immediate termination for, but not limited to,
the following:
Theft of Town or another employee’s property.
Falsification of time records or punching another employee's time
card.
Use of illegal substance or alcohol on the job.
Fighting while on the job - Physical.
Disclosure of confidential matters. - Intentional.
Misuse or unauthorized use of town property.
Fraud in securing appointment.
Conviction of a felony.
Violation of safety rules, practices and policies, - after appropriate
training.
Engaging in sexual harassment - as substantiated by policy.
Unauthorized absences during working hours.
Falsification of Town Records.
SECTION 8 - GRIEVANCES AND APPEALS
Step 1. Any employee who believes that they have received inequitable
treatment because of some condition of their employment may appeal
for relief from that condition. An employee must discuss the grievance
initially with their direct supervisor. Then, if the matter is not settled,
the employee should submit said grievance in writing to the department
head. The department head shall respond in writing, within fourteen
calendar days. If the employee’s department head is also the immediate
supervisor, he/she should proceed to Step 2.
Step 2. If the employee feels that his/her grievance is still unresolved,
he/she may appeal to the Personnel Board within fourteen calendar
days after receiving the decision of the Department Head. The
Personnel Board may require a written statement from the aggrieved
employee in such form and containing such information as they may
require. The Personnel Board shall hear the grievance at their next
regularly scheduled meeting and shall render a decision within 14
calendar days of the hearing. Any decision of the Personnel Board
shall be transmitted to the Department Head/Appointing Authority and
placed in the employee's personnel file.
SECTION 9 - REDUCTION IN FORCE (RIF)
In the event that, for reasons of economy, it becomes necessary to
reduce the number of employees under the Personnel By-law, the town
of Lancaster, in determining which of its employees are to be
terminated, will take into consideration the qualifications of such
employees, the quality of their past performance and their seniority as
employees of the Town in their respective departments.
Where, in the opinion of the appointing authority, the qualifications
and quality of performance of employees are substantially equal,
employees will be terminated in the order of reverse seniority as
employees of the department.
The Town will consider employees, whose employment is so
terminated, for re-employment in the reverse order of their termination
during a period of one (1) year from the effective date of their
termination, if they inform the appointing authority in writing of their
desire to be considered.
An employee, who is re-employed by the Town within said one (1)
year period after termination under the provision of this Section, shall
have restored the unused sick leave accumulated at the time of
termination, and shall have restored all previous benefits that he/she
would have been entitled to at the time of Reduction in Force.
An employee who is re-employed by the Town after said one (1) year
period after termination will be hired as a new employee.
An employee whose employment date with the Town is the same as
another employee shall be terminated upon the Department Head’s
evaluation of each employees overall work performance.
SECTION 10: BENEFITS
Employee benefits provided by the Town are an item of cost to the
Town and a form of indirect pay for the employee. Therefore, the
policies and procedures for the establishment and maintenance of these
benefits are included in this Personnel By-law.
A. APPLICATION
Regular Full Time Employees - All of the below listed employee
benefits apply to full time employees.
Regular Part Time Employees - Eligible for all employee benefits, in
proportion to the ratio that their average weekly hours of work in the
preceding twelve (12) months bears to the normal work week for their
job.
Casual, Special, Temporary or Seasonal Employees - Not eligible for
employee benefits.
COMPENSATED ABSENCES
HOLIDAYS
1. Each regular full time and regular part time employee will be
entitled to one day’s pay at regular straight time rates for eleven
(11) paid holidays per year. If the holiday falls on a Saturday, it
will be observed on Friday and if it falls on Sunday, it will be
observed on Monday. The designated holidays are:
NEW YEAR’S DAY MARTIN LUTHER KING DAY
PRESIDENTS DAY PATRIOTS DAY
MEMORIAL DAY INDEPENDENCE DAY
LABOR DAY COLUMBUS DAY
VETERANS’ DAY THANKSGIVING DAY
CHRISTMAS DAY
1. To be eligible for holiday pay:
A. Employee shall have worked on the employee's last
scheduled working day prior to and the next regularly
scheduled working day following such holiday, or was in full
pay status on such preceding and following days in
accordance with other provisions of these regulations, or was
appropriately excused.
B. An employee who is required to work on a designated
holiday, shall be paid the rate of time and one-half in
addition to their regular rate for such day or fraction thereof,
or be granted compensatory time off at a 1-1 ration at their
option; if compensatory time off is taken that date is to be
mutually agreeable to both the employee and the department
head.
C. An employee whose work week regularly, or by rotation of
shifts, is other than Monday through Friday, and whose day
off falls on one of the designated holidays (except in the,
case of a holiday falling on Sunday) shall be paid at his/her
regular straight time rate for such day of fraction thereof, or
be granted compensatory time-off at the convenience of the
department in lieu of payment.
D. When any of the eleven holidays fall within a sick leave
period, it shall be granted as a holiday and no charge made to
the employee’s sick leave credits.
E. When any of the eleven holidays fall within a vacation
period, it shall be granted as a holiday and an additional day
of vacation leave will be granted.
C. VACATION PAY
The vacation year is from July 1st through June 30th. Regular full time
and regular part time employees, only, are eligible for vacation as
follows:
After twelve (12) months continuous service, the employee is eligible
for one (1) day of paid vacation at a normal day’s pay for each full
month of continuous service to the Town in the prior fiscal year, but
not to exceed ten (10) days.
Example: If an employee were hired on November 1st he/she would not
be eligible for any vacation until the following November 1st. At that
time the employee would be eligible for eight (8) days of vacation. One
(1) day for each month between November 1st (date of hire) and June
30th of the new fiscal year.
After five (5) and up to a maximum of fifteen (15) years service, the
employee is eligible for one and one half (1.5) days of paid vacation at
a normal day’s pay for each full month of continuous service provided
to the Town in the prior fiscal year, but not to exceed a maximum of
fifteen (15) days.
After fifteen (15) years and up to twenty (20) years service, the
employee is eligible for four (4) ‘weeks vacation earned and paid as
above.
After twenty (20) years service, the employee is eligible for five (5)
weeks vacation earned and paid as above.
The vacation pay of a regular part time employee shall be the average
of his/her weekly pay for the fifty-two (52) weeks worked immediately
preceding the vacation.
Employees are required to take vacation on a regular basis to allow for
the proper rest from the rigors of work. Vacation time may not be
accrued from year to year.
Should a paid holiday occur during the employee’s regularly scheduled
workweek while the employee is on an authorized paid vacation, an
additional day of vacation shall be allowed.
In case of retirement or termination of employment, the employee shall
be paid for all accrued vacation time earned up to the termination date.
The choice of vacations shall be on the basis of seniority in the
department and approved by the department head. Department Heads
shall post the vacation grants annually.
D. SICK LEAVE
Each regular full time and regular part time employee shall earn sick
leave credit with pay at the rate of one normal work day’s pay for each
month of continuous employment in the Town, to a maximum of
thirteen (13) such days credit per fiscal year. This time shall be saved
for use when an employee cannot report for work due to sickness,
injury or exposure to contagious disease. Use of such accumulated sick
leave credit is allowed only after the employee has completed his/her
probationary period. The maximum number of such days of sick leave
credit that may be accumulated is two hundred forty (240). Department
Heads are responsible for maintaining records of sick leave days
accumulated and used for all eligible employees within the
Department. The employee’s Department Head must authorize
application of sick leave credit.
An employee may use up to ten (10) days of accumulated sick leave
per year for serious family illness.
Employees returning from a sick leave or disability leave may be
required to have a physical examination to determine their capability to
perform satisfactorily their regular work without endangering
themselves or their fellow employees.
The Department Head or the Personnel Board may, of its own motion,
require a medical examination of any employee who reports his/her
inability to report for duty because of illness. This examination shall be
at the expense of the Town by a physician appointed by the Personnel
Board.
Payments made under the provisions of this section shall be limited in
the case of an employee who is receiving Workers Compensation
payments to the difference between the amount paid in Workers
Compensation and the employee’s regular pay. In the event of such
payments, the Department Hear or Personnel Board may debit the
employee’s sick leave accrual by such amounts as it determines to be
equitable in relation to such payments.
Nothing in this section will be construed to conflict with Chapter 41,
section 100 of the Massachusetts General Laws.
E. BEREAVEMENT LEAVE
Regular full time and regular part time employees shall be given up to
four (4) consecutive working days leave with a normal day’s pay for
the purpose of making arrangements and attending the funeral of a
member of his/her immediate family which is defined as mother,
father, spouse, mother-in-law, father-in law, sister, brother, child,
grandchild, or domestic partner of the employee or any live-in family
member. Regular full time and regular part lime employees shall be
given one (1) day leave with pay for the purposes of attending the
funeral of the employee’s aunt, uncle, niece, nephew or grandparent.
F. JURY DUTY LEAVE
A regular full time and regular part time employee called for jury duty
shall be paid by the Town an amount equal to the difference between
the compensation paid the employee for a normal working period and
the amount paid by the court excluding any allowance for travel and
lodging, upon presentation of an affidavit of jury pay granted.
G. MILITARY LEAVE
Regular full time employees who are in the Armed Services Reserves
or National Guard and are called to temporary military duty not
exceeding two (2) weeks in any twelve (12) month period, shall receive
the difference in pay between their regular Town pay and their Military
pay. Such employee may use his/her normal vacation time for his/her
military duty if he/she desires. This provision does not include
payments to members of the National Guard who may be mobilized
during an emergence in the Commonwealth. Proof of service shall be
submitted to the employee’s Department Head and a copy to the
Personnel Board.
H. OTHER LEAVE
Absence for personal reasons up to three (3) days per year may be
granted to full time employees. These personal days may be taken at
any time of the year upon the employee’s request with the approval of
the Department Head. Any days not used during the fiscal year in
which they are granted, shall be forfeited.
Personal leave may be granted in increments of not less than one-half
(1/2) of a workday.
When possible, the employee must request from the employee’s
immediate supervisor the personal day leave at least forty-eight (48)
hours in advance. A supervisor may not question the reason for
personal leave nor may he/she deny such a request except for
scheduling problems.
Only employees who have completed their probationary period may be
compensated for absence for personal reasons under provisions of this
sub-section.
I. NON-COMPENSATED ABSENCE
1. DISABILITY AND PARENTAL LEAVE
A leave of absence without pay may be granted an employee
with at least six (6) months of continuous service whose
illness or disability continues beyond sick leave that has been
accrued. Such disability leave shall be for sickness or injury
resulting in temporary disability of the employee or a
member of his or her immediate family, or for the birth of a
child to (or adopted by) the employee and/or the employee’s
spouse. Duration of the leave shall be for the period a
physician says the employee is unable to perform the regular
duties of his or her position.
2. LEAVE OF ABSENCE
A leave of absence may be granted by the Department Head
and the Personnel Board but shall be without compensation.
A leave of absence, of over one (1) month duration, except
military leave, shall be considered a break in employment
and on return to work the employee shall have the status of a
new employee unless an extension of leave beyond one
month has been authorized by the Personnel Board in
advance.
J. UNAUTHORIZED LEAVE OF ABSENCE
Any employee absent without authorization for three (3) consecutive
working days shall be terminated from the payroll as abandonment of
his/her position.
K. EDUCATIONAL ASSISTANCE
Full and part time employees working at least 20 hours per week, who
have worked for the Town for at least one year are eligible for a
reimbursement of tuition, registration fees, and books for work-related
courses from State Colleges, State Universities or other pre-approved
institution of higher learning which serve to improve their knowledge
and skills and increase their performance with the town.
Approval for the particular course must be requested prior to
enrollment in order to be eligible for the reimbursement, and in order to
qualify must have the recommendations of the department head and
approval of the Personnel Committee.
Reimbursement is subject to a separate and distinct appropriation of
municipal funds.
Reimbursement will be made upon successful completion of the course
or program. “Successful Completion" of a course shall mean a
minimum of B or equivalent.
The Town may require the employee to sign an agreement to remain
with the Town for a period of up to two years after completion of the
course, or else be willing to reimburse the Town for the funds.
L. REIMBURSEMENT TOWN EXPENSES
1. MILEAGE REIMBURSEMENT
A. When employees have prior approval from their supervisor to
use their personal vehicle for Town business, they are
reimbursed for business travel at the approved per mile rate, as
established by the Board of Selectmen and Finance
Committee. Local travel expenses between the employee's
home and assigned work location are not reimbursable.
However, if employees are required by business necessity to
travel from home directly to a site other that their assigned
work location, the Town will reimburse them for the
difference between the mileages in their normal commute to
their assigned work location and the total miles driven on
business.
B. When using a private vehicle for Town business purposes, the
employee assumes liability for the vehicle. All employees who use their
personal vehicles for Town business must have a current driver's license
and vehicle liability insurance in the minimum amounts required by
state law. Otherwise, the vehicle is not authorized for Town business
use.
M. INSURANCE COVERAGE
1. WORKERS COMPENSATION
All paid full time and each regular part time employee will be
covered by the Town’s workers compensation policy under
Massachusetts Worker's Compensation Law.
2. GROUP INSURANCE
Each regular full time and regular part time employee covered by
the By-law shall be entitled to the Group Insurance Plan (Health
and Life Insurance) which has been accepted by the Town in
accordance with Massachusetts General Laws, Chapter 32B. The
Town’s contribution thereto may be changed from time to time by
amendment of this Personnel By-law.
N. RETIREMENT BENEFITS
The Town shall contribute funds as required for each employee in
accordance with the procedures formula established by the Worcester
Regional Retirement Board and the By-laws of the town of Lancaster.
SECTION 11 - CIVIL SERVICE LAW
Nothing in this By-law or in the Classification or Compensation Plans
shall be construed to conflict with Chapter 31 of the Massachusetts
General Laws.
SECTION 12 - SEPARABILITY PROVISION
In the event that any provision of this By-law, or application thereof,
shall be held to be invalid by the proper authorities, this shall not be
construed to affect the validity of any other provision, or application
thereof, of this By-law.
SECTION 13 – SEXUAL HARASSMENT
I. Introduction
It is the goal of the town of Lancaster to promote a workplace that is
free of sexual harassment. Sexual harassment of employees occurring
in the workplace or in other settings in which employees may find
themselves in connection with their employment is unlawful and will
not be tolerated by this organization.
Further, any retaliation against an individual who has complained
about sexual harassment or retaliation against individuals for
cooperating with an investigation of a sexual harassment complaint is
similarly unlawful and will not be tolerated. To achieve our goal of
providing a workplace free from sexual harassment, the inappropriate
conduct that is described in this policy will not be tolerated and we
have provided a procedure by which inappropriate conduct will be
dealt with, if encountered by employees.
Because the town of Lancaster takes allegations of sexual harassment
seriously, we will respond promptly to complaints of sexual harassment
and where it is determined that such inappropriate conduct has
occurred, we will act promptly to eliminate the conduct and impose
such corrective action as is necessary, including disciplinary action
where appropriate.
Please note that while this policy sets forth our goals of promoting a
workplace that is free of sexual harassment, the policy is not designed
or intended to limit our authority to discipline or take remedial action
for workplace conduct which we deem unacceptable, regardless of
whether that conduct satisfies the definition of sexual harassment.
II. Definition of Sexual Harassment
In Massachusetts, the legal definition for sexual harassment is this:
“sexual harassment” means sexual advances, requests for sexual favors,
and verbal or physical conduct of a sexual nature when:
a. Submission to or rejection of such advances, requests or
conduct is made either explicitly or implicitly a term or
condition of employment or a basis for employment decision;
or
b. Such advances, requests or conduct have the purpose or
effect of unreasonable interfering with an individual’s work
performance by creating an intimidating, hostile, humiliating
or sexually offensive work environment.
Under these definitions, direct or implied requests by a supervisor for
sexual favors in exchange for actual or promised job benefits such as
favorable reviews, salary increases, promotion, increased benefits, or
continued employment constitutes sexual harassment.
The legal definition of sexual harassment is broad and in addition to
the above examples, other sexually oriented conduct, whether it is
intended or not, that is unwelcome and has the effect of creating a work
place environment that is hostile, offensive, intimidating, or
humiliating to male or female workers may also constitute sexual
harassment.
Prohibited conduct also extends to any function or activity that is
officially sponsored by the Town of Lancaster.
While it is not possible to list all those additional circumstances that
may constitute sexual harassment, the following are some examples of
conduct that if unwelcome, may constitute sexual harassment
depending upon the totality of the circumstances including the severity
of the conduct and its pervasiveness:
• Unwelcome sexual advances - whether they involve
physical touching or not.
• Sexual epithets, jokes, written or oral references to
sexual conduct, gossip regarding one’s sexual activity,
deficiencies or prowess.
• Displaying sexually suggestive objects, pictures, and
cartoons.
• Unwelcome leering, whistling, brushing against the
body, sexual gestures, suggestive or insulting
comments.
• Requests for sexual favors in exchange for actual or
promised job benefits such as favorable reviews, salary
increases, promotions, increased benefits, or continued
employment.
• Assault or coerced sexual acts.
• Inquiries into one’s sexual experience.
• Discussion of one’s sexual activities.
• Comments regarding gender stereotypes, which demean,
embarrass or humiliate employees.
All employees should take special note that, as stated above, retaliation
against an individual who has complained about sexual harassment,
and retaliation against individuals for cooperating with an investigation
of a sexual harassment complaint is unlawful and will not be tolerated
by the Town.
III. Complaints of Sexual Harassment
If any of our employees believes that he/she has been subject to sexual
harassment, the employee has the right to file a complaint with our
organization. This may be done in writing or orally to the Town
Administrator.
IV. Private Counseling Option
If you believe you are the victim of sexual harassment, in addition to
the right to file a complaint, you may also seek advice from the Town
Administrator. He/she is available to discuss any concerns you may
have and to provide information to you about our policy on sexual
harassment and our complaint process. If you desire, he/she will work
with you to find a way of resolving your concerns in an informal
manner acceptable to you and in a manner which would offer you as
much privacy and confidentiality as is possible. If this option does not
resolve the complaint, you may proceed through our complaint
procedure set forth in Section IV, below.
IV. Sexual Harassment Investigation
When the Town Administrator receives the complaint, he will then
investigate the allegation in a fair and expeditious manner. The
investigation would include a private interview with the person filing
the complaint and with witnesses. He/she will also interview the
person alleged to have committed sexual harassment. The Town
Administrator may, if necessary, request written statements in addition
to the private interviews. If the Town Administrator is unable to
resolve the complaint, he will report the investigative findings to the
Appointing Authority for disposition.
If the investigation reveals that sexual harassment did occur, the Town
would act promptly to eliminate the offending conduct, and where it is
appropriate, will also impose disciplinary action, which could include
termination form employment. In addition, when the investigation is
completed through formal or informal procedures, we will inform the
person filing the complaint and the alleged harasser of the results of
that investigation, including allegations that have not been
substantiated.
If you would like to file a complaint, you may do so by contacting the
Town Administrator at 978-365-3326.
V. Disciplinary Action
If sexual harassment has been committed by one of our employees, we
will take such action as is appropriate under the circumstances. Such
actions may include: counseling, informal or formal reprimands,
written or verbal warnings, suspension, reduction in pay, reduction is
duties, transfers, and other formal sanctions including termination from
employment.
VI. State and Federal Remedies
In addition to the above, if you believe you have been subjected to
sexual harassment, you may file a formal complaint with either or both
of the government agencies set forth below.
Using our complaint process does not prohibit you from filing a
complaint with these agencies. Each of the agencies has a short time
period for filing a claim (EEOC- 180 days; MCAD -6 months).
The United States Equal Employment Opportunity Commission
(“EEOC”)
1 Congress Street 10th Floor
Boston, MA 02114
617-565-3200
The Massachusetts Commission Against Discrimination (“MCAD”)
Boston Office
One Ashburton Place - Room 601
Boston, MA 02108
617-727-3990
Springfield Office
424 Dwight Street – Room 220
Springfield, MA 01103
413-739-2145

ARTICLE 20
Board of Selectmen
To see if the Town will vote to petition the General Court to the end that
legislation be adopted precisely as follows, or act in any manner relating
thereto. The General Court may make clerical or editorial changes of
form only to the bill, unless the Selectmen approve amendments to the
bill before enactment by the General Court. The Selectmen are hereby
authorized to approve amendments which shall be within the scope of the
general public objectives of this petition.
AN ACT PROVIDING FOR THE ESTABLISHMENT OF AN
ANIMAL CONTROL COMISSION IN THE TOWN OF
LANCASTER.
Be it enacted by the Senate and House of Representatives in General
Court assembled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding any special or general law to the
contrary, there is hereby established in the town of Lancaster an
Animal Control Commission (the “Commission”). The Commission
shall have all the powers and duties vested in the Board of Selectmen
pursuant to the General Laws as they relate to animal control in the
town. The Animal Control Commission may promulgate rules and
regulations for the care and control of animals and facilities, consistent
with state and local laws. The Town may, by by-law, add to the duties
of the Commission.
SECTION 2. The Commission shall consist of not less than five or
more than seven members who shall be appointed by the Board of
Selectmen. When the Commission is first established, the terms of the
members shall be for such length, not exceeding three years, and so
arranged that the terms of approximately one third of the members will
expire each year, and their successors shall be appointed for terms of
three years each. A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term in the same manner as an
original appointment. Any member of the Commission so appointed
may be removed for cause by the appointing authority after a public
hearing.
Before entering upon official duties, an appointee to the Commission
shall be sworn to the faithful performance of his/her duties.
SECTION 3. This act shall take effect upon its passage.
ARTICLE 21
Board of Selectmen
To see if the town will vote to rescind the Dog Control Bylaws that
were adopted under Article 30 of the March 6, 1972 Annual Town
Meeting and Article 22 of the May 6, 1985 Annual Town Meeting and
to adopt of following Animal Control Bylaw:
SECTION 1. Definitions
As used in this bylaw the following terms mean:
Abused Animal: 1) Any animal which is mistreated, beaten, tormented
or teased, or 2) is deprived of water or food or shelter, or 3) is kept
under unsanitary conditions, or 4) abandoned, or 5) is trained for
fighting other animals.
Animal: For the purpose of this bylaw, animal shall mean any type of
animal.
Animal Control Officer: The person or persons designated to enforce
this bylaw.
Animal Establishment: Any pet shop, grooming shop, animal auction,
performing animal exhibition, kennel, or animal shelter, except this
term shall not include veterinary medical facilities, licensed research
facilities; facilities operated by government agencies, or licensed
animal dealers regulated by the federal government.
Animal Shelter: Facility designated or recognized by the Town of
Lancaster for the purpose of impounding and caring for animals.
At Large: Any animal shall be deemed to be at large when off the
property of the owner and not under restraint.
Humane Manner: Care of an animal to include, but not be limited to,
adequate heat, ventilation and sanitary shelter, wholesome food and
water, consistent with the normal requirements and feeding habits of
the animal’s size, species, and breed.
Kennel: An establishment kept for the purpose of breeding, selling, or
boarding dogs or cats or engaged in training dogs or cats, including
every pack or collection of more than three dogs three months old or
over owned or kept by a person on a single premises irrespective of the
purpose for which they are maintained.
Licensing Authority: The town clerk of the Town of Lancaster or any
designated representative thereof charged with administering the
issuance and/or revocation of permits and licenses under the provisions
of this bylaw.
Neutered: Rendered permanently incapable of reproduction.
Nuisance: An animal shall be considered a nuisance if it: causes a
disturbance by excessive barking or other noisemaking; or chases
vehicles, including bicycles; or molests, attacks, or interferes with
persons or other domestic animals.
Owner: A person (or in the event of a minor, the legal guardian)
having the right of property or custody of an animal or who keeps or
harbors an animal or knowingly permits an animal to remain on or
about any premises occupied by that person.
Person: Any individual, corporation, partnership, organization, or
institution commonly recognized by law as a unit.
Pet Shop: An establishment engaged in the business of buying or
selling, at retail, animals for profit-making purposes.
Public Areas: Public areas shall include, but not be limited to: Town
Beach, Town Green, Commons, Parks, Playing Fields, School
Property, Greenways, Town Buildings & Grounds, Cemeteries, Public
Ways and Walks.
Restraint: An animal shall be considered under restraint if it is within
the real property limits of its owner or keeper or on the premises of
another person with the knowledge and express permission of such
person, or secured by a leash, lead, or under the direct control of the
owner.
SECTION 2. Licensing and Rabies Vaccination
(a) Except as provided in Section 3, no person shall own, keep, or
harbor any dog six (6) months of age or over within the Town of
Lancaster unless such dog is vaccinated and licensed. Dogs between
six and twelve months of age at the time of the initial vaccination must
be revaccinated twelve (12) months after the initial vaccination and
every three (3) years thereafter. The provisions of this section do not
apply to animals owned by a licensed research facility or held in a
veterinary medical facility or government operated or licensed animal
shelter.
(b) All dogs and cats shall be vaccinated against rabies by a licensed
veterinarian, in accordance with the latest “Compendium of Animal
Rabies Vaccines and Recommendations for Immunization” published
by the National Association of State Public Health Veterinarians, as
well as Massachusetts state law.
(c) A certificate of vaccination shall be issued to the owner of each
animal vaccinated on a form recommended by the Compendium. Each
owner shall also receive a durable vaccination tag indicating the year in
which it was issued.
(d) Application for a license must be made within 30 days after
obtaining a dog over six months of age, except that this requirement
will not apply to a non-resident keeping a dog within the Town of
Lancaster for no longer than 60 days. The licensing period is from
March 1 to June 30 of the current year.
Application for a dog license shall be made to the town clerk and shall
include the name and address of the owner and the name, breed, color,
age, and sex of the dog. Applicants also shall pay the prescribed
licensing fee and provide proof of current rabies vaccination.
(e) The licensing period shall be for one year. License renewal may be
applied for within 60 days prior to the expiration date. New residents
must apply for a license within 30 days of establishing residence.
(f) A license shall be issued after payment of a fee. Persons who fail to
obtain a license as required within the time period specified in this
section will be subjected to a delinquent fee. The Animal Control
Commission will set fees annually.
(g) License fees shall be waived for dogs serving the disabled or
government-owned dogs used for law enforcement. All other licensing
provisions shall apply.
(h) Upon acceptance of the license application and fee, the town clerk
shall issue a durable license tag including an identifying number, year
of issuance, city, county, and state. Both rabies and license tags must
be attached to the collar of the dog. Tags must be worn at all times and
are not transferable. The town clerk shall maintain a record of all
licenses issued, and such records shall be available to the animal
control officer.
SECTION 3. Permits
(a) No person shall operate an animal establishment without first
obtaining a permit from the permitting authority in compliance with
this section.
(b) The permit period shall begin with the first day of the fiscal year
and shall run for one year. Renewal applications for permits may be
made within 60 days prior to the expiration date. Application for a
permit to establish a new animal establishment under the provisions of
this bylaw may be made at any time.
(c) Annual permits shall be issued upon payment of the applicable fee.
(d) A person who maintains a kennel of fewer than four (4) dogs or cats
may pay an annual permit fee or may elect to license individual dogs or
cats as provided under Section 2. Every animal establishment regulated
by this bylaw shall be considered a separate enterprise, requiring an
individual permit.
(e) Under the provisions of this bylaw, no permit fee shall be required
of any animal shelter holding federal non-profit status. All other
provisions shall apply. Any change in the category under which a
permit is issued shall be reported to the town clerk within 60 days,
whereupon reclassification and appropriate adjustment of the permit
fee shall be made.
(f) Failure to comply with the provisions of this section is subject to a
fine of $50 and/or loss of permit.
SECTION 4. Issuance and Revocation of Permits and Licenses
(a) The town clerk, upon recommendation from the animal control
officer, may revoke any permit or license if the person holding the
permit or license refuses or fails to comply with this bylaw, the
regulations promulgated by the Town of Lancaster or any other law
governing the protection and keeping of animals.
(b) If an applicant is shown to have withheld or falsified any material
information on the application, the town clerk may refuse to issue or
may revoke a permit or license.
(c) It shall be a condition of issuance of any permit for an animal
establishment that the animal control officer shall be permitted to
inspect any and all animals and the premises where such animals are
kept at any reasonable time during normal business hours. Where a
permit is revoked for any cause, or pending appeal of any such action,
the animal control officer shall have power of entry on the premises
and into all areas where animals are being kept. A person denied a
permit may not reapply for a period of at least 30 days. Each
reapplication shall disclose any previous denial or revocation and shall
be accompanied by a $50 fee.
SECTION 5. Owner Responsibility
It shall be the duty of every owner of an animal, or anyone having an
animal in their possession or custody, to exercise reasonable care and
to take all necessary steps and precautions to prevent any animal from
being a nuisance and to protect people, property, and animals from
injuries or damage which might result from their animal’s behavior,
regardless of whether such behavior is motivated by mischievousness,
playfulness, or ferocity. In the event that the owner or keeper of any
animal is a minor, the parent or guardian of such minor shall be
responsible to ensure that all provisions of this bylaw are complied
with.
(a) While ON Property:
It shall be the duty of every owner of any animal, or anyone having any
animal in his possession or custody, to ensure that the animal is kept
under restraint and that reasonable care and precautions are taken to
prevent the animal from leaving, while unattended, the real property
limits of its owner, possessor, or custodian, or the real property limits
of another person with the knowledge and express permission of the
owner of such property. Suggested methods to restrain an animal
include the following: it is securely and humanely enclosed within a
house, building, fence, pen, or other enclosure out of which it cannot
climb, dig, jump, or otherwise escape on its own volition – and such
enclosure be securely locked at any time the animal is left unattended;
it is securely and humanely restrained by chain, cable and trolley or
other tether of sufficient strength to prevent escape; or it is on a leash
and under control of a competent person, or is off leash and is obedient
to that person’s commands and that person is present with the animal
any time it is not on a leash.
(b) While OFF Property or At Large:
It shall be the duty of every owner of any animal or anyone having an
animal in their possession to keep the animal under restraint and
control at all times while the animal is off the real property limits of the
owners, possessors or custodian. For the purpose of this section, an
animal is deemed under control when; it is securely confined within a
vehicle, parked or in motion; it is properly confined within a secure
enclosure with permission of the owner of the property where the
enclosure is located; it is securely restrained by a leash or other device
held by a competent person.
(c) Abandonment or Abuse of Animals:
It shall be unlawful for anyone to knowingly abandon or abuse any
domesticated animal. Each person who does abandon or abuse
knowingly, or willingly permits this abandonment or abuse or aids in
the abandonment or abuse of any domesticated animal shall be reported
to the proper authority.
(d) Penalties for Violation and Repeat Offenders:
Any person violating the terms of this section or rules and regulations
promulgated pursuant thereto shall be subject to fines as described in
the schedule of fees set by the Animal Control Commission.
SECTION 6. Impoundment
(a) Any animal found in violation of Section 5 shall be impounded by
the animal control officer in an animal shelter and confined in a
humane manner. Immediately upon impounding an animal, the animal
control officer shall make every reasonable effort to notify the owner
and inform such owner of the conditions whereby custody of the
animal may be regained. Animals not claimed by their owners within a
period of 10 days shall become the property of the Town of Lancaster.
(b) When an animal is found in violation of Section 5 and the animal
control officer verifies its ownership, the appropriate officer may
exercise the option of serving the owner with a notice of violation in
lieu of impounding the animal.
(c) In the event that the animal control officer finds dogs or cats to be
suffering, he/she shall have the right forthwith to remove or cause to
have removed any such animals to a safe place for care at the owner’s
expense or to euthanize them when deemed necessary by a licensed
veterinarian, to prevent further suffering. Return to the owner may be
withheld until the owner shall have made full payment for all expenses
so incurred.
(d) Disposal of an animal by any method specified herein does not
relieve the owner of liability for violations and any accrued charges.
SECTION 7. Redemption
(a) Any animal impounded may be redeemed by the owner thereof
within 10 days upon payment of an impoundment fee. Payment of
impoundment fees is not considered to be in lieu of any fine, penalty or
license fees.
(b) Any animal confined for rabies quarantine involving a bite to a
human may be redeemed by the owner upon release by the animal
inspector. Any animal confined for rabies quarantine (for reason other
than a human bite), evidence, or other purpose may be redeemed by the
owner upon release by the animal inspector or the animal control
officer.
(c) No animal required to be licensed or vaccinated under this bylaw
may be redeemed until provisions for such licensing have been
fulfilled.
SECTION 8. Animal Control Commission
An Animal Control Commission (“Commission”) is hereby
established.
This Commission shall be charged with evaluating animal control
problems by collecting necessary data, hearing expert opinion, holding
public hearings, and other activities in order to make recommendations
to resolve such problems. The Commission will provide support in the
recruitment, hiring, and training of the Animal Control Officer. The
Commission may also promulgate appropriate rules and regulations for
the care and control of animals and facilities covered by the bylaw, and
prepare budgets for animal control activities.
If matters brought before the Commission are not satisfactorily
resolved, the Commission may recommend the issue be brought to the
Board of Selectmen for further review and action.
The Commission shall consist of not less than five nor more than seven
members who shall be appointed by the Board of Selectmen.
Membership should include a cross section of the community and
include individuals with professional knowledge pertinent to the
member’s responsibilities, (i.e., an attorney, veterinarian, police
officer, humane society representative, etc.).
When the Commission is first established, the terms of the members
shall be for such length, not exceeding three years, and so arranged that
the terms of approximately one third of the members will expire each
year, and their successors shall be appointed for terms of three years
each.
Any member of the Commission may be removed for cause after a
public hearing.
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term in the same manner as an original
appointment.
SECTION 9. Severability
If any section, sentence, clause or phrase of this bylaw is, for any
reason, held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of these sections.
SECTION 10. Safety Clause
The Town of Lancaster hereby finds, determines and declares that this
bylaw is necessary for the immediate preservation of the public health,
safety and welfare of the Town of Lancaster and the inhabitants
thereof.
SECTION 11. Citations
Whoever violates any provision of this Bylaw may be penalized by a
noncriminal disposition process as provided in G.L. c.40, §21D, and as
enforced by the Animal Control Officers and assigned agents. If
noncriminal disposition is elected, then any person who violates any
provision of this Bylaw shall be subject to a penalty of $50 for the first
offense; $150 for the second offense, and $300 for the third and any
subsequent offense. Each day or portion thereof shall constitute a
separate offense. If more than one violation of this bylaw exists, each
such violation shall constitute a separate offense.
Whoever violates any provision of this Bylaw may be penalized by
indictment or on complaint brought in the district court. Except as may
be otherwise provided by law and as the district court may see fit to
impose, the maximum penalty for each violation or offense shall be
three hundred dollars. Each day or portion thereof shall constitute a
separate offense. If more than one, each condition violated shall
constitute a separate offense.

ARTICLE 22
Planning Board
To see if the Town will vote to add the following new Section to the
Lancaster Zoning Bylaw, or act in any manner relating thereto:
ADULT ENTERTAINMENT USES
16.10 AUTHORITY
This bylaw is enacted pursuant to M.G.L. Chapter 40A and
pursuant to the Town’s authority under the Home Rule
Amendment to the Massachusetts Constitution to serve the
compelling Town interests of limiting the location of certain
adult entertainment uses, as defined and designated herein, in
response to studies demonstrating their deleterious effects.
16.20 PURPOSE
It is the purpose of this Adult Entertainment by-law to
address and mitigate the secondary effects of the adult
entertainment establishments and sexually oriented
businesses that are referenced and defined herein. Secondary
effects have been shown to include increased crime, adverse
impacts on public health, adverse impacts on the business
climate of municipalities, adverse impacts on the property
values of residential and commercial properties, and adverse
impacts on quality of life. All of said secondary impacts are
adverse to the health, safety and general welfare of the Town
of Lancaster and its inhabitants. The provisions of this bylaw
have neither the purpose or intent of imposing a
limitation on the content of any communicative matter of
materials, including sexually oriented matter or materials.
Similarly, it is not the purpose or intent of this by-law to
restrict of deny access by adults to adult entertainment
establishments or to sexually oriented matter or materials that
are protected by the Constitutions of the United States or of
the Commonwealth of Massachusetts, nor to restrict or deny
rights that distributors or exhibitors of such matter or
materials may have to sell, rent, distribute or exhibit such
matter or materials. Neither is it the purpose or intent of this
by-law to legalize the sale, rental, distribution or exhibition
of obscene or other illegal matter of materials.
16.30 DEFINITIONS
ADULT ENTERTAINMENT USES: shall include the
following uses:
(1) Adult Bookstores, as defined by G.L. c.40A,
Section 9A;
(2) Adult Motion Picture Theaters, as defined by G.L.
c.40A, Section 9A;
(3) Adult Paraphernalia Store, as defined by G.L. c.40A,
Section 9A;
(4) Adult Video Store, as defined by G.L. c.40A,
Section 9A;
(5) Establishment Which Displays Live Nudity For Its
Patrons, as defined by G.L. c.40A, Section 9A;
16.40 ADULT ENTERTAINMENT USES BY SPECIAL
PERMIT; CRITERIA, CONDITIONS
Adult entertainment uses shall be permitted only in the Light
Industry 2 (LI2) District, only upon the grant of a special
permit by the Board of Selectmen. Special permits shall only
be issued under this section following public hearings held
within sixty-five days after filing of an application with the
Board of Selectmen, a copy of which application shall forth
with be given to the Town Clerk by the applicant. Such a
special permit shall not be granted unless each of the
following standards has been met:
1.) The application for a special permit for an adult use
shall provide the name and address of the legal owner of
the establishment, the legal owner of the property, and
the manager of the proposed establishment.
2.) No adult use special permit shall be issued to any person
convicted of violating the provisions of M.G.L. Chapter
119 Section 63, or M.G.L. Chapter 272, Section 28.
3.) All building openings, entries and windows shall be
screened in such a manner as to prevent visual access to
the interior of the establishment by the public.
4.) No adult use shall be allowed to display for
advertisement or other purpose any signs, placards or
other like materials to the general public on the exterior
of the building or on the interior where the same may be
seen through glass or other like transparent material any
sexually explicit figures or words as defined in M.G.L.
Chapter 272, Section 31.
5.) No adult use shall be allowed to disseminate or offer to
disseminate adult matter or paraphernalia to minors or
suffer minors to view displays or linger on the premises.
6.) The proposed adult entertainment use shall comply with
the off-street parking requirements set forth in this bylaw.
7.) No adult entertainment use shall have any flashing lights
visible from outside the establishment.
8.) No adult entertainment use shall have a freestanding
accessory sign.
9.) No special permit shall be issued for an adult
entertainment use unless the applicant shall have first
submitted a site plan to the Planning Board and obtained
the Planning Board’s approval of such site plan pursuant
to Article 13. The site plan shall depict all existing and
proposed buildings, parking spaces, driveways, service
areas and other open uses.
10.) The sale, dispensation or consumption of alcoholic
beverages is prohibited on premises where an adult
entertainment use establishment exists.
16.50 CONDITIONS
The special permit granting authority may impose reasonable
conditions, safeguards and limitations on time or use of any
special permit granted, including a condition that any such
special permit shall be personal to the applicant, shall not run
with land and shall expire upon expiration of the applicant’s
lease or upon sale or transfer of the subject property.
16.60 EXPIRATION
A special permit to conduct an adult entertainment use shall
expire after a period of two calendar years from its date of
issuance and shall be automatically renewable for successive
two-year periods thereafter, provided that a written request
for such renewal is made to the special permit granting
authority prior to said expiration and that no objection to said
renewal is made and sustained by the special permit granting
authority based upon the public safety factors applied at the
time that the original special permit was granted.
16.70 SEVERABILITY
The provisions of this section are severable and, in the event
that any provision of this section is determined to be invalid
for any reason, the remaining provisions shall remain in full
force and effect.

ARTICLE 23
Planning Board
To see if the town will vote to amend the Lancaster Zoning Bylaw so
as to add to Article 2.10, Establishment of Districts, an additional
Zoning District, LI2 – Light Industry 2, and to add the LI2 district to
Article 3, Use Regulations, with an Article 3.20 Use Regulation
Schedule identical to that for the Light Industry (LI) District with one
additional principal use only permitted in the LI2 District, Adult
Entertainment Uses, as defined and regulated under Article