By Mr. Rosenberg, a petition (accompanied by bill,
Senate, No. 2545) of Stanley C. Rosenberg and Peter V.
Kocot for legislation Relative to the removal of certain
positions from civil service. Public Service. {Local |
By Mr. Rosenberg, a petition (accompanied by bill,
Senate, No. 2545) of Stanley C. Rosenberg and Peter V.
Kocot for legislation Relative to the removal of certain
positions from civil service. Public Service. {Local |
Be it enacted by the Senate and House of Representatives in General Court assembled, a nd by the authority of the same, as follows:
SECTION 1. Section 1: Definitions (City):
A. Appointing Authority. The Director of Human Resources of the City of Northampton shall be the Appointing Authority for all City clerical positions included within the AFSCME bargaining unit. The Mayor of the City of Northampton shall be the Appointing Authority for all professional and department head positions contained within the administrative bargaining unit represented by the Northampton Administrators and Professional Employees= Association (NAPEA).
B. Clerical City Positions (AFSCME):
(1) Pursuant to the provisions of the appended Memoranda of Understanding between the City of Northampton and the American Federation of State, County and Municipal Employees (AAFSCME@), the following employees shall be covered by this legislation and the Code of Ordinances of the City of Northampton as the same may apply:
(a) all employees certified as part of the AFSCME bargaining unit in accordance with the election conducted by the State Labor Relations Commission, MCR-887 and MCR-2341 and as further amended by mutual contractual agreement.
C. Administrator and Professional Positions (NAPEA):
(1) Pursuant to the provisions of the appended Memorandum of Understanding between the City of Northampton and the Northampton Administrators and Professional Employees= Association (ANAPEA@) the following employees shall be covered by this Legislation and the Code of Ordinances of the City of Northampton as the same may apply:
(a) all employees comprising the administrative and professional employee class, exclusive of all elected officials. [Appendix A to the collective bargaining agreement lists all positions by title and department covered by the NAPEA agreement.]
SECTION 2: Definitions (School District)
A. Appointing Authority. The Director of Human Resources of the City of Northampton shall be the Appointing Authority for all non-professional School District positions removed from Civil Service. The Superintendent of the Northampton Public School District shall be the appointing authority for all professional positions removed from Civil Service.
SECTION 3: The provisions of any general laws of the Commonwealth, the provisions of Chapter 250 of the 1883 Acts and Resolves of Massachusetts, and the provisions of any other special laws of the Commonwealth or of any ordinances of the City of Northampton to the contrary notwithstanding, appointments, promotions, disciplinary actions and terminations of all employees contained in the AFSCME bargaining unit in the City of Northampton shall be conducted in conformity with such requirements as may be set forth in:
a) a collective bargaining agreement; and
b) the Personnel Policies of the City of Northampton.
SECTION 4: The provisions of any general laws of the Commonwealth, the provisions of Chapter 250 of the 1883 Acts and Resolves of Massachusetts, and the provisions of any other special laws of the Commonwealth or of any ordinances of the City of Northampton to the contrary notwithstanding, appointments, promotions, disciplinary actions and terminations of all employees contained in the NAPEA bargaining unit in the City of Northampton shall be conducted in conformity with such requirements as may be set forth in:
a) a collective bargaining agreement; and
b) the Personnel Policies of the City of Northampton.
SECTION 5: The provisions of any general laws of the Commonwealth, the provisions of Chapter 250 of the 1883 Acts and Resolves of Massachusetts, and the provisions of any other special laws of the Commonwealth or of any ordinances of the City of Northampton to the contrary notwithstanding, appointments, promotions, disciplinary actions and terminations of all School District employees either a) contained in the following bargaining units: Teachers (Unit A) bargaining unit, Educational Support Paraprofessionals bargaining unit, School District=s Clerical Unit and the School District=s Custodian=s bargaining unit; or b) nonrepresented, non professional School District employees shall be conducted in conformity with such requirements as may be set forth in:
a) a collective bargaining agreement; and
b) the Personnel Policies of the City of Northampton.
SECTION 6: Each incumbent employee covered by this Petition who has the present status of permanent civil service employee in his/her present position shall retain his/her civil service status until such time as he/she no longer serves in that position.
SECTION 7: The City further stipulates that the Legislature may reasonably vary the form and substance of this requested Legislation within the scope of the general public objectives of this petition.
